A/HRC/42/CRP.1 Here too, the same rules of international humanitarian law may nevertheless protect the civilian population from starvation, even if not established as deliberate. The principle of proportionality in attack should also be examined here.1194 Starvation may also amount to a form of inhuman treatment. Should it lead to death, it could amount to wilful killing of civilians.1195 Starvation also violates international human rights law, including the right to food and to water, as well as the right to health.1196 747. In the present context, it has been reported that an estimated 80 per cent of the population of Yemen is in need of some sort of humanitarian assistance to survive. There are concerns that all parties to the conflict have used starvation as a method of warfare in Yemen by attacking objects indispensable to the survival of the population, imposing blockades or using siege-like tactics, and impeding the delivery of humanitarian assistance. The effects of such acts have been compounded by the lack of respect for economic, social and cultural rights, mainly the right to an adequate standard of living and the right to work.1197 748. Starvation as a method of warfare is considered a war crime in both international and non-international armed conflicts. While the Rome Statute of the International Criminal Court includes starvation as a war crime in international armed conflicts only, 1198 it is also recognized as a war crime in non-international armed conflict based on customary international humanitarian law.1199 The International Criminal Court outlines the intent of the perpetrator to starve civilians as a method of warfare as an element of the crime.1200 Within this context, it must be noted that, for the International Criminal Court, the necessary intent is given when a “person means to cause that consequence or is aware that it will occur in the ordinary course of events”. 1201 For starvation as a method of warfare, the second part of the sentence, which does not require strict proof of the desire to starve, may in fact represent the most appropriate standard.1202 Indeed, it would be difficult to argue that the parties were not aware of possible cases of starvation in Yemen, given the amount of public reporting about the food crisis and threat of famine, at least since the end of 2016. 1203 749. In order to further examine individual criminal responsibility for the crime of starvation, more information on the subjective element of the crime would be needed. Additional investigations would also need to focus on demonstrating the link between the method of warfare at stake (targeting of indispensable objects, blockade or siege-like (https://www.justsecurity.org/29157/siege-warfare-starvation-civilians-war-crime/); see also Gloria Gaggioli, “Are Sieges Prohibited under Contemporary IHL?”, Joint Blog Series on International Law and Armed Conflict, January 2019, EJIL:Talk!, Blog of the European Journal of International Law (https://www.ejiltalk.org/joint-blog-series-on-international-law-and-armed-conflict-are-siegesprohibited-under-contemporary-ihl/#more-16877). 1194 See A/HRC/39/43, Annex II; See also Nathalie Weizmann, “International Law is Meant to Prevent What’s Happening in Yemen”, Just Security, 17 November 2017 (https://www.justsecurity.org/47197/international-law-meant-prevent-happening-yemen/); Gloria Gaggioli, “Are Sieges Prohibited under Contemporary IHL?”, Joint Blog Series on International Law and Armed Conflict, January 2019, EJIL:Talk!, Blog of the European Journal of International Law (https://www.ejiltalk.org/joint-blog-series-on-international-law-and-armed-conflict-are-siegesprohibited-under-contemporary-ihl/#more-16877). 1195 Art. 3 common to the Geneva Conventions; Art. 4(1) Additional Protocol II. 1196 Art. 11 and 12 ICESCR. 1197 Art. 6 and 11 ICESCR. 1198 Art. 8 (b) (xxv), Rome Statute. 1199 See ICRC Study on customary IHL, rule 156. See also Prosecutor v. Duško Tadić, Case No. IT94-1-AR72, Decision on Interlocutory Appeal on Jurisdiction, 2 Oct 1995, (Tadić) paras 117–134. 1200 ICC, Elements of Crimes, 2011, Art. 8 (b) (xxv). 1201 Rome Statute, Art. 30 (2). 1202 Global Rights Compliance, “The Crime of Starvation and Methods of Prosecution and Accountability”, 2019, p. 11, para. 60 (https://sites.tufts.edu/wpf/files/2019/06/The-Crimes-ofStarvation-and-Methods-of-Prosecution-and-Accountability.pdf). 1203 See e.g. The Guardian, “Yemen famine feared as starving children fight for lives in hospital”, 4 October 2016 (https://www.theguardian.com/world/2016/oct/04/yemen-famine-feared-as-starvingchildren-fight-for-lives-in-hospital); OCHA, :”Yemen: ‘One step away from famine’”, 31 October 2016 (https://www.unocha.org/story/yemen-%E2%80%9Cone-step-away-famine%E2%80%9D). 179