A/HRC/45/CRP.7 circumstances.99 Their functioning is not to be impeded, other than for reasons of military necessity. The same protection extends to medical units and medical transportation, which shall be respected and protected at all times and in all circumstances, and shall not be the object of attack.100 They lose protection if they commit or are used to commit hostile acts. Even in relation to a medical unit that is being used to commit acts harmful to the enemy, prior to any attack, a warning has to be issued and whenever appropriate, a reasonable timelimit set for the attack. An attack can only take place after such warning has remained unheeded.101 Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law constitutes a war crime.102 International humanitarian law further provides that the wounded and sick shall be respected and protected, notwithstanding their prior participation, or not, in the conflict.103 In addition to these specific international humanitarian law protections, international human rights law recognises everyone’s right to the highest attainable standard of health.104 Measures that directly interfered with access to health care, would also constitute violations of this right. Factual findings 85. The Group of Experts continues to be concerned at the extensive damage to hospitals and medical facilities as a result of the conduct of the parties to the conflict. This is exacerbating the humanitarian crisis within Yemen. During its previous reporting periods, the Group of Experts investigated cases of the military use of hospitals and damage caused as a result of attacks. A recent report by Physicians for Human Rights and Mwatana documented at least 120 cases of attacks affecting medical facilities and health workers from March 2015 to December 2018.105 On 13 March 2020, the Office of the Resident Coordinator and Humanitarian Coordinator for Yemen reported that two attacks had occurred in 10 days damaging Al-Thawra General Hospital, which serves hundreds of thousands of Yemenis in Ta‘izz City, with missiles hitting two buildings of the hospital. While the Group was unable to investigate this incident, it has previously documented the repeated damage caused to that hospital throughout 2015. 86. In the present reporting period, the Group investigated damage caused to Al-Jafrah Hospital and Al-Saudi Field Hospital in Majzar District, Ma’rib Governorate, allegedly by the Houthis. On 7 February 2020, at around 6 p.m., a Katyusha rocket exploded in the yard of Al Jafrah Hospital, resulting in extensive damage to the building, the wounding of one male paramedic, and interruption to most of the medical services. Hundreds of patients were transferred to Ma’rib General Hospital. At dawn the next day two Katyusha rockets hit the Al-Saudi Field Hospital, which is a mobile clinic adjacent to Al-Jafrah Hospital, damaging the facility. Eye-witnesses recounted that there was no military presence inside or around the hospitals but that the facilities were located at the time in an area controlled by the Government of Yemen armed forces who were stationed some 4 km away. The Popular Committees affiliated with the Houthis were positioned in Mafraq Al-Jawf and Fardhat Nihm areas, some 10 km from the hospitals. To compound the situation, since 15 June, the Houthis have occupied both facilities and converted them into military barracks. This increases the risk they may be attacked in the future and deprives Ma’rib’s population, mainly comprised of IDPs, of access to health care at these facilities. 99 Additional Protocol II, art. 9(1). See also ICRC Study on Customary International Humanitarian law, rule 25. 100 Additional Protocol II, art 11(1). See also ICRC Study on Customary International Humanitarian law, rules 28-29. 101 Additional Protocol II, art. 11(2); ICRC Study on Customary International Humanitarian Law, rule 28. 102 Rome Statute, art. 8(2)(e)(ii). 103 Additional Protocol II, art. 7(1); Common art. 3 of the Geneva Conventions. See too ICRC Study on Customary International Humanitarian law, rule 110. 104 ICESCR, art. 12. 105 “‘I ripped the IV out and started running’ - Attacks on Health Care in Yemen”, March 2020, available at: https://mwatana.org/wp-content/uploads/2020/03/Attacks-on-Health-Care-in-YemenReport.pdf 29