A/HRC/45/CRP.7 Arab Emirates, the coalition, the de facto authorities, and the STC, following the publication of the Group’s second report in September 2019. III. Legal framework A. Introduction 23. The mandate given by the Human Rights Council resolution 42/2 to the Group of Experts directs the Group to use the framework of international human rights law and international humanitarian law. Given the multiple references to accountability in the Group’s mandate, the Group has also used the lens of international criminal law to consider whether violations may amount to international crimes, while recognising that the Group is not a criminal adjudicative body. B. Applicable law 24. The particular legal standards governing violations are detailed in the introductory paragraphs of each section under Chapter V. However, the general approach of the Group of Experts is set out below. 1. International Human Rights Law 25. Yemen has ratified seven of the nine core international human rights treaties. It is a party to the ICCPR, ICESCR, CEDAW, CERD, CAT, CRC and the CRPD. It has also ratified a number of related Optional Protocols, including the OP-CRC-AC. As a party to these treaties, Yemen is bound to respect, protect, promote and fulfil the human rights of all persons within its territory and/or subject to its jurisdiction. This includes the responsibility to investigate and bring to justice perpetrators of violations amounting to crimes under national or international law, and to afford an effective remedy to those whose rights have been violated.5 Yemen is also bound by rules of international human rights law that form a part of customary international law. 26. The Group of Experts notes that the ICCPR permits States to take measures derogating from obligations “in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed”.6 Such derogations are permissible only to the extent strictly required by the exigencies of the situation, and measures must not be inconsistent with other obligations under international law or involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.7 The Government of Yemen does not appear to have notified the Secretary-General of any general state of emergency arising from the conflict. In any event, several rights under the ICCPR are explicitly non-derogable, including the right to life, the prohibition of torture or cruel, inhuman or degrading punishment, and freedom of thought, conscience and religion.8 The Human Rights Committee has highlighted that other rights should be regarded as nonderogable.9 The ICESCR does not contain any derogations clause. 5 See further the Chapter on Accountability (paras. 363-417). ICCPR, art. 4(1). 7 ICCPR, art. 4(1). 8 ICCPR, art. 4(2). Art. 4(2)’s full listing of non-derogable rights is arts. 6, 7, 8(1) and (2), 11, 15, 16 and 18. 9 Other rights that the Human Rights Committee has recognised as non-derogable include: the right of all persons deprived of their liberty to be treated with humanity and with respect for the inherent dignity of the human person, the prohibition against taking hostages, abductions or unacknowledged detention, certain elements of the right of minorities to protection, the prohibition of deportation or forcible transfer of population and the prohibition of propaganda for war and advocacy of national, racial or religious hatred that would constitute incitement to discrimination, hostility or violence, right to an effective remedy, fundamental fair trial rights as well as procedural rights necessary for the 6 10