A/HRC/45/CRP.7
this regard, including the work of the Secretary-General’s Special Envoy for Yemen. It notes,
however, that it will be vital to ensure that negotiations integrate proper respect for human
rights, including the need to ensure accountability for the serious violations that have
occurred. In this regard, the Group recalls the need to uphold international law and avoid any
broad amnesties,608 or other measures that would undermine the prosecution of those
responsible for international crimes.
(6) Sanctions regime
401. In February 2014, the Security Council passed resolution 2140 imposing various
sanctions, in particular a travel ban, and assets freeze on listed individuals. The overall
criteria for listing related to “engaging in or providing support for acts that threaten the peace,
security or stability of Yemen”. 609 The resolution set out certain examples of conduct that
would satisfy this test, including “planning, directing or committing acts that violate
applicable international human rights law or international humanitarian law, or acts that
constitute human rights abuses, in Yemen.”610 In 2015, further examples were added,
including “obstructing the delivery of humanitarian assistance to Yemen or access to, or
distribution of, humanitarian assistance in Yemen”.611 February 2020 saw the Security
Council recognise that engaging in “sexual violence in armed conflict, or the recruitment or
use of children in armed conflict in violation of international law” would fulfil the human
rights criteria specified in Security Council resolution 2140.612
402. To date, no individual has been listed relying explicitly on one of these human rights
or humanitarian law related grounds. Only five persons have been listed in total under the
sanctions regime. All have been listed pursuant to the generic threatening the peace, security
or stability criteria.613 It is also noticeable that all five individuals are affiliated with only one
side of the conflict (the de facto authorities). The Group of Experts recommends that the
Security Council consider additional listings to the regime taking into account relevant
violations of international human rights and international humanitarian law committed by all
sides, while ensuring compliance with rigorous procedural safeguards to guarantee minimum
standards of due process.
B.
Non-Criminal Justice Accountability
403. Providing for accountability in relation to violations is not restricted to providing
criminal justice accountability. Victims’ right to an effective remedy includes the right to
reparations as recognised in international human rights law614 and international humanitarian
law.615
404. In this context, reparations are not limited to monetary compensation, but can take the
form of:
➢
Restitution (measures aimed at restoring the victim, to the extent possible, to the situation
before the violation occurred, such as restoration of property, or the restoration of
liberty);
➢
Compensation (monetary payment);
Yemen’s recent history includes the use of broad amnesties. Pursuant to the GCC Agreement, the
Yemeni Parliament passed a law in early 2012 (Law No 1/2012) that granted a blanket amnesty to
President Saleh and an amnesty from criminal prosecution to officials who worked under the
President for politically motivated cases. The High Commissioner for Human Rights criticised these
amnesties, as did the Human Rights Committee: see CCPR/C/YEM/CO/5, para.6.
609 Security Council resolution 2140, S/RES/2140 (26 February 2014), para. 17.
610 Ibid, para. 18(c).
611
Security Council resolution 2216, S/RES/2216 (14 April 2015), para.19. This resolution also
introduced a targeted arms embargo: para 14.
612 Security Council resolution 2511, S/RES/2511 (25 February 2020), para 6.
613 List of designated persons available at www.un.org/securitycouncil/sanctions/2140/materials.
614 See OHCHR, Rule-of-Law Tools for Post-Conflict States: Reparations Programmes (2008)
615 Ibid.
608
102
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