A/HRC/42/CRP.1 682. The Group of Experts has reasonable grounds to believe that individuals in the Yemeni armed forces, and affiliated armed groups including Resistance groups and the UAE-backed Security Belt, Giants Brigades, and Shabwah Elite forces conscripted children under the age of 15 and in some cases, used them to participate in hostilities. Considered as serious violations of international humanitarian law, these actions may lead to individual criminal responsibility for war crimes. The parties listed above have also failed to comply with national and international law as related to the compulsory recruitment and use of children under 18 for participation in hostilities. With regard to the voluntary enlistment of children older than 15 years, the Group observes that the parties appear to have failed to comply with the safeguards prescribed by the Optional Protocol to the CRC.1061 Recruitment and Use of Children by the Houthi armed group 683. The Group of Experts observes that the established practice of child recruitment by the Houthi armed group has continued.1062 During the reporting period, September 2014 to June 2019, the Group documented 12 new cases of recruitment and use of children, as young as 12 years old. The children were used by the Houthis in combat, at checkpoints and to plant explosive devices.1063 These children were recruited in Aden, Amran, Sa’dah, Sana’a and Ta’izz governorates in 2015-2018. According to the information received, at least four of these children (14-16 years old) participated in combat and one 12-year-old was used as a porter. 1064 684. The recruitment by the Houthis, however, is apparently more prevalent than the Group has been able to verify. According to the Secretary General, out of 3,034 children recruited throughout the war in Yemen, 1,940 (64 per cent) were recruited by the Houthis.1065 In May 2019, de facto authorities informed the Group of Experts the minimum age established by law for military recruitment in Yemen is 18 years. The de facto authorities further reported they had given instructions not to recruit children under 18. 685. During the battle of Aden in 2015, eyewitnesses reported that they saw child soldiers with the Houthis in and around Aden. For example, a witness said children were manning checkpoints in al-Hawtah and Zinjibar areas.1066 According to the sources, some of those children were recruited from the same areas.1067 In 2016, in Ta’izz, Houthi fighters were reportedly recruiting and using children on the battlefield. For example, a 13-year-old child recruited in Amran was later captured by the pro-Government forces in Ta’izz.1068 686. In December 2017 and throughout 2018, the Houthis used children during the battles in al-Bayan (Bayda) region, in Shabwah1069 and in al-Dhale’e. In December 2017, the Houthis retreated from al-Bayan area. Children were among the casualties.1070 Dozens of children were also detained.1071 In another case documented by the Group, a child-porter under 15 years old who was supporting the Houthis, was arrested by the Yemeni armed 1061 CRC Article 3, para. 3. Confidential Sources on File. 1063 Confidential Sources on File. 1064 The Special Court for Sierra Leone (SCSL) determined that “(a)ny labour or support that gives effect to or helps maintain operations in a conflict constitutes active participation. Hence, carrying loads for the fighting faction, finding or acquiring (…) ammunition or equipment, acting as decoys, carrying messages, making trails or finding routes, manning checkpoints or acting as human shields are examples of active participation as much as fighting and combat” Prosecutor v. Fofana, Case No. SCSL-04-14-T, Judgment, SCSL Trial Chamber II, 2 August 2007, available at www. Scsl.org/CDF.html. 1065 UN Secretary-General Report 2019 - S/2019/453, para 21. Additionally, the NCOI reported that it has investigated and further documented (51) incidents of recruitment and use attributed to the Houthis. Sixth Report, NCIAVHR, p. 19. 1066 Confidential Sources on File. 1067 Confidential Sources on File. 1068 Confidential Sources on File. 1069 Confidential Sources on File. 1070 Confidential Sources on File. 1071 Confidential Sources on File. 1062 164

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