A/HRC/45/CRP.7
(ii) De Facto Authorities
371. During the last reporting period, the de facto authorities reported to the Group of
Experts that after investigation pursuant to military criminal procedures, no members of their
forces had been found responsible for violations of human rights law or humanitarian law.
The Group of Experts concluded that this assertion by the de facto authorities raised strong
concerns as to whether there was any accountability mechanism in place to investigate and
prosecute alleged cases, and was suggestive of a blatant lack of accountability.556 An update
was sought from the de facto authorities in relation to any investigations conducted or
prosecutions undertaken. However, at the time of preparation of this report, no response had
been forthcoming. The Group of Experts is not aware of any prosecutions or other
proceedings having yet been instigated by de facto authorities in relation to violations
documented by the Group of Experts. It remains concerned at the apparent continued lack of
commitment to real accountability.
(iii) Coalition Members
372. Over the last three reporting periods, the Group of Experts has highlighted a range of
violations arising out of coalition operations in the conflict in Yemen. In last year’s report,
the Group of Experts examined the work being undertaken by the coalition’s Joint Incident
Assessment Team (“JIAT”) based on the information available to it.557 The Group remains
concerned at the tendency for JIAT to accept the legality of airstrikes involving military
targets, without taking into proper account principles of proportionality or precaution. During
this reporting period, the Group of Experts has sought to establish what follow-up is being
taken to JIAT recommendations.
373. JIAT has investigated more than 190 incidents of alleged violations.558 The United
Nations Security Council-mandated Panel of Experts reported in January 2020 that the
following eight cases had been referred by JIAT to military prosecutors for action:559
No. Case
Location
Date
1
Haydan hospital
Sa‘dah
26 October 2015
2
Abs hospital
Abs
5 August 2016
3
Great hall
Sana’a
8 October 2016*
4
Sa’dan well
Sana’a
10 September
2016
5
Car in Ma’rib
Ma’rib
16 September
2017
6
Bus
Sa‘dah
9 August 2018*
7
Wedding in Bani Qees
Hajjah
22 April 2018*
8
Cholera treatment facility
Hajjah
11 June 2018*
Source: JIAT, as quoted by the the Security Council-mandated Panel of Experts
*Previously investigated by the Group of Eminent Experts
556
A/HRC/42/CRP.1, para. 898.
As noted previously, a lack of transparency remains the main obstacle to thoroughly assessing the
JIAT, but the Group of Experts has previously raised questions concerning its meeting of
international standards concerning independence and impartiality, effectiveness, thoroughness and
credibility: A/HRC/42/CRP.1, paras. 889-894.
558 According to the case numbers in official press releases:
https://www.spa.gov.sa/viewstory.php?lang=en&newsid=2084967
559 Final Report of the Panel of Experts on Yemen, S/2020/326, p. 40.
557
93
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