A/HRC/45/CRP.7
the “technical error” identified as being related to a fault with the bomb and/or nonresponsiveness to the guidance mechanism in the Faj Attan case, and a “drifting away” of a
bomb due to a technical fault in the Kitaf hospital case.564 In both cases, JIAT recommended
that coalition States consider providing financial assistance to the families of victims and for
material damage. JIAT also recommended that coalition forces study the reasons for the
technical failures and take corrective measures to prevent repetition. Several additional cases
investigated by the Group of Experts in either past or present mandates have been found by
JIAT to be the result of technical error.565 In the February 2020 press conference, Colonel
Turki al-Maliki, the Spokesman for the coalition forces, stated that technical error cases had
also been referred to the relevant countries.
379. During its investigations, the Group of Experts sought further details on relevant
cases: including any investigations at either the coalition or national level into the reasons for
such technical errors, and on the response to such technical errors, including any changes of
procedures. As of the time of preparation of this report, no information had been received.
380. The Group of Experts has previously raised concerns about the adequacy of JIAT
investigations. It has highlighted the lack of transparency in relation to JIAT’s selection of
cases, and noted apparent deficiencies with respect to the investigations and legal analysis.
It recalls the need for investigations to meet international standards with respect to
independence and impartiality, effectiveness, thoroughness and credibility. Investigations
are needed into all relevant violations and JIAT should publicly identify the relevant States
implicated more clearly. The Group of Experts underlines that each coalition State
implicated in violations remains responsible for carrying out appropriate investigations and,
where indicated, for conducting prosecutions of serious violations of both international
humanitarian law and international human rights law. While recognising the complexity of
relevant legal proceedings, the Group of Experts is concerned that coalition members are not
acting with appropriate speed and diligence in pursuing investigations and prosecutions in
these cases.
Future Prospects of Prosecutions in Yemen
381. It is apparent that there remains a significant accountability gap with respect to
violations committed in Yemen. With a view to making a further contribution within this
accountability field, the Group of Experts has sought to evaluate the current capacity of the
Yemeni justice system to undertake prosecutions of violations amounting to international
crimes. The Yemeni justice system is not the only system that may be involved in
investigating and prosecuting crimes committed in Yemen. However, much of the potential
caseload would ordinarily fall within the purview of the Yemeni justice system, making it a
particularly important forum to evaluate.
382. As a result of its inquiries, the Group of Experts considers that the Yemeni justice
system at present lacks the means and capacity to conduct independent and credible
investigations into the range of serious violations committed by all parties during the conflict.
The Group also has significant doubts as to the ability of the justice system to conduct trials
of those responsible in a manner consistent with international human rights standards.
Victims, witnesses and judicial actors lack sufficient protection against likely reprisals.
Significant questions surround whether there is sufficient political will to underpin necessary
reform.
383. The current system of administration of justice in Yemen needs to be understood
against the background of the operation of the system in preceding years. Despite formal
protections for judicial independence in the Yemeni Constitution,566 during the Saleh regime
564
Details of the findings drawn from:
https://www.spa.gov.sa/viewfullstory.php?lang=en&newsid=1733463 (Faj Attan case); and
https://www.spa.gov.sa/viewstory.php?lang=en&newsid=1933922 (Al Kitaf hospital case).
565 Additional cases attributed to technical error by JIAT that were investigated by the Group of
Experts include the bombing of Raqqaa (16 May 2019), and the shelling of the Al-Raqw market (24
December 2019).
566 Constitution of Yemen, art. 149.
95
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