A/HRC/45/CRP.7 previously discussed, the same obligation can be considered as attaching to the de facto authorities in Yemen.542 In the context of the conflict in Yemen, other States that are party to the conflict have similar duties with respect to violations committed in the course of their operations. 365. Specific legal regimes provide a broader obligation on States Parties to “extradite or prosecute” alleged perpetrators of certain offences. This means that third States that find an alleged perpetrator on their territory, are obliged in the circumstances outlined under the relevant treaty regime, to undertake necessary investigations and submit the matter to prosecutorial authorities, or extradite the individual.543 There has also been recognition that as a matter of customary international law, States must investigate war crimes over which they have jurisdiction under their national legislation, and, if appropriate, prosecute the suspects.544 Even outside these specific contexts, third States more generally have the power under international law to launch prosecutions of international crimes committed in other States using what is called “universal jurisdiction”. Progress to Date in Accountability Field (i) Government of Yemen 366. In its previous reporting period, the Group of Experts examined the operation of the National Commission of Inquiry (NCOI) established by the Government of Yemen, based upon information available to it.545 The NCOI was mandated to investigate all alleged international human rights law and international humanitarian law violations perpetrated in Yemen since January 2011.546 Cases investigated by the NCOI are to be referred to the national judiciary “so that perpetrators of human rights violations are brought to justice and the victims receive reparations.”547 367. Since the time of the Group of Expert’s previous report, the NCOI has issued two further reports: a seventh report covering the period 1 February 2019 to 31 July 2019548 and an eighth report, covering the period 1 August 2019 to 31 July 2020 (thus covering most of for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, adopted by General Assembly resolution 60/147 (16 December 2005) principle 4; and the Updated Set of Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity, E.CN.4/2005/102/Add.1 (2005), principle 19. 542 The Group of Experts has previously considered the applicability of duties under international human rights law to de facto authorities: A/HRC/42/CRP.1, para.82 as well as the applicability of the international humanitarian law obligations: para.870. 543 Explicit duties to “extradite or prosecute” are found in, for instance, the CAT, CPED, and the grave breaches regime of the Geneva Conventions (applicable in IAC). The ICJ in the Questions relating to the Obligation to Prosecute or Extradite (Belgium v Senegal) ICJ Reports 2012, p. 422, determined that the obligation to prosecute under the CAT arose regardless of the existence of a prior request for the extradition of a suspect. National authorities are left to decide whether to initiate proceedings in light of the evidence before them and the rules of criminal procedure. The obligation to prosecute in this respect is the obligation to submit the case to the prosecutorial authorities. Note there are different formulations of the extradite or prosecute obligation: see “The obligation to extradite or prosecute (aut dedere aut judicare): Final Report of the International Law Commission” (2014). 544 ICRC Study on Customary International Humanitarian Law, rule 158. 545 The Group of Experts has previously expressed concerns about whether the NCOI conducts its investigations in accordance with international human rights standards, in particular raising issues concerning transparency, independence (e.g. in selection of cases), effectiveness, thoroughness and credibility of the NCOI, see A/HRC/42/CRP.1 paras. 879-886. 546 The NCOI was established following the amendment by President Hadi on 7 September 2015 of Presidential Decree No. 140 of 22 September 2012 (as amended by Decree No. 13 of 2015, Decree No 50 of 2017 and Decree No.30 of 2019)). 547 National report submitted in accordance with paragraph 15 (a) of the annex to Human Rights Council resolution 5/1: Yemen, 8 November 2018 (“Government of Yemen’s UPR Report (2018)”), para. 49. 548 Seventh Report: The work of the National Commission to Investigate Alleged Violations to Human Rights in Yemen (2019) (“Seventh Report of the NCOI”) 91

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