A/HRC/45/CRP.7 use of lethal force consistent with international humanitarian law will, in general, not be considered “arbitrary”. Conversely, use of lethal force inconsistent with international humanitarian law (e.g., targeting civilians) will also violate international human rights law.120 99. Under international humanitarian law, it is unlawful to murder civilians and any persons not taking (or who have ceased taking) an active part in hostilities, including members of armed forces who have surrendered or are otherwise hors de combat.121 Murder of such persons constitutes a war crime.122 Murder may also constitute a crime against humanity, if committed as part of a widespread or systematic attack against any civilian population, with knowledge of the attack.123 Factual findings 100. The loss of life brought about by attacks violating international humanitarian law also represents a violation of international human rights law’s prohibition on arbitrary deprivation of life. However, even away from the battlefield, individuals continue to be killed unlawfully at the hands of parties to the conflict. During this reporting period, the Group of Experts investigated six killings by groups affiliated with different parties to the conflict, revealing a pattern of unlawful uses of lethal force by actors during security or law enforcement operations. The Group also continued to investigate allegations of deaths in custody. 101. Amongst these cases, on Friday 7 June 2019, at around noon, members of the Security Belt forces shot dead five men and injured six other men who were worshipping at AlTaweed mosque in Mathad village in Al-Azariq district, Al-Dhale’e Governorate during Friday prayers. According to an eye-witness, the armed men entered the mosque and started accusing the worshippers of being affiliated to the Houthis. They shot dead two worshippers inside the mosque who challenged them, and injured several others when they opened fired inside the mosque. They then selected six men from the mosque and took them outside to where their vehicle, a pick-up truck with the emblem of the Security Belt forces on it with a mounted weapon, was parked. The men were accused of being Houthi and from the Hashemite family. The general perception in Yemen is that the Hashemites are pro-Houthi. Three of them were summarily executed, including the village imam and a soldier from the 33rd brigade of the Government of Yemen armed forces in Al-Dhale’e, though it is unclear if the forces knew of the man’s affiliation. The other three men were then taken on the vehicle and driven outside the village to Qa’atabah, to the STC headquarters, where they were detained for two days. They were then released reportedly due to pressure from village notables. 102. Several official documents and letters obtained by the Group, dated from June, July and September 2019, show that the criminal investigation department of Al Dhale’e Governorate undertook a police investigation. Medical autopsies on the five bodies were undertaken. The reports detailed the entry and exit points of the bullets showing that the men were each shot at least two or more times. A warrant was issued for the arrest of the accused, naming eight individuals whose occupation was listed as “military”.124 Requests were made by the Director-General of the Al-Dhale’e Police to the Commander of the Security Belt forces in the Al-Dhale’e Governorate to hand over the accused, naming one of the men as being in charge of the military vehicle affiliated with the Security Belt forces along with the other individuals.125 This same named individual is also referred to in official documents Ibid. para.64. Note the Human Rights Committee’s broad approach in regarding practices inconsistent with international humanitarian law which entail a risk to lives including targeting of civilians, civilian objects and objects indispensable to the survival of the civilian population, indiscriminate attacks, failure to apply the principles of precaution and proportionality, and the use of human shields as violating art. 6. Ibid. Incidents examined under Chapter V(A) above could also be examined through the lens of international human rights law. 121 Additional Protocol II, art. 4(2)(a) and Common art. 3 of the Geneva Conventions. See also ICRC Study on Customary International Humanitarian law, rule 89. 122 Rome Statute, art. 8(2)(c)(i). 123 Rome Statute, art. 7(1)(a). 124 Confidential sources and documents on file. 125 Confidential sources and documents on file. 120 32