A/HRC/45/CRP.7
80.
On 1 June 2019, at approximately 6 pm, an anti-tank missile was fired at a grocery
shop near the village of Al-Quflah in Al-Zubairiyat between Al-Fakir and Qa'atabah in AlDhale’e governorate. The missile hit the stairs in front of the shop, killing a 16-year-old boy
and injuring three others - two boys aged 12 and 17, and a 25-year-old male shopkeeper. It
was allegedly fired by the 5th Giant Brigades from Jabal al Qahwar, near the village of
Shakhb, in Zoubairiyat. The 5th Giant Brigades were reportedly fighting alongside the
national army and southern resistance in the area against the Houthis. The grocery shop is
near a gas station, just across from a main road linking the cities of Ibb to the west with
Qa’atabah in the east, but apart from this there are no other buildings in the immediate
vicinity. At the time of the attack, the area where the grocery shop is located was under the
control of the Houthis, 5 to 10 km away from the frontlines and there had been recent fighting
in the area. On 8 October 2019, the national army forces and the joint forces advanced to the
city of Al-Fakir, and at the time of writing this report, still controlled the area, including the
area of the incident. An anti-tank missile is precise over a medium distance. Further
investigation is needed to establish from which distance the missile was fired.
81.
The Group of Experts investigated three incidents related to Al-Raqw “market”,
Monabbih district in Sa’ada Governorate on 20 and 27 November and in December 2019.
The Group verified, including through satellite imagery analysis, that on 24 December 2019,
in the early afternoon, at least two mortar shells landed on this market, which is understood
to be an informal hub and transit centre for Yemenis, Ethiopians and Somalis, and a key
location for cross-border smuggling activities into Saudi Arabia. The mortar shells caused
the death of at least 17 civilians, and injured at least 12 others, according to a public statement
by the Office of the Resident Coordinator and Humanitarian Coordinator for Yemen. While
the Group was able to independently verify that at least two shells also fell on the market on
20 November, further investigations are required to verify the shelling on 27 November, and
to establish the number of victims of each attack. The Office of the Resident and
Humanitarian Coordinator for Yemen reported that there were at least 89 civilian casualties
as a result of the three incidents.
82.
The coalition Joint Incidents Assessment Team (JIAT) report acknowledged only the
third (24 December) incident, and stated that the coalition land forces were responding with
indirect fire weapons to the infiltration of armed elements into Saudi Arabia who were
shooting at coalition forces. These weapons were viewed as the only means available to deal
with the threat. It added that it was likely that one of the mortar shells landed on the market
due to a technical failure or changing weather conditions. This explanation has, however,
been disputed by witnesses the Group interviewed, and is inconsistent with material the
Group reviewed. Furthermore, the Group received reports that for the second incident, the
shelling came in response to smugglers firing AK-47s in the air to distract the attention of
the Saudi Border Guards Units (SBGU) in order to allow their colleagues to cross the borders.
The shelling allegedly came from one of the SBGU posts. If the situation were more in the
nature of a “law enforcement border protection” operation than a military operation related
to the armed conflict, this would also raise significant issues concerning the excessive use of
force under international human rights law.
Findings on violations
83.
The Group of Experts concludes that such incidents amount to indiscriminate attacks
prohibited under international humanitarian law, being either attacks not directed at a specific
military objective, and/or attacks involving resort to a means of warfare not capable of being
directed at a specific military objective. Indiscriminate attacks constitute war crimes under
customary international law. Such incidents also reflect a failure to take all feasible
precautions to minimise civilian casualties under international humanitarian law.
3. Attacks affecting hospitals
Applicable law
84.
Under international humanitarian law, medical personnel, facilities and transportation
– already protected given their civilian status as detailed above – are awarded special
protection. Accordingly, medical personnel must be respected and protected in all
28
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents