A/HRC/42/CRP.1 that situation.1458 Moreover, a State which knowingly aids or assists another State with a view to facilitating the commission by the latter of an internationally wrongful act is internationally responsible for doing so, provided that the act would have been wrongful if it had been committed by the assisting State itself. 1459 Accordingly, States that knowingly aid or assist parties to the conflict in Yemen in the commission of violations would be responsible for complicity in the relevant international humanitarian law violations. (a) Conclusion 916. As in many other conflicts, it appears that common Article 1 to the Geneva Convention is not sufficiently considered by third States that are not directly involved in the conflict in Yemen, in particular those that exert or may exert a specific influence on the parties to the conflict. More specifically, it is questionable whether the United Kingdom, the United States, France, and the Islamic Republic of Iran are taking all reasonable measures to ensure the respect for international humanitarian law in Yemen.1460 The same may be said for all States that transfer arms to the parties to the conflict in Yemen. With the number of public reports alleging and often establishing serious violations of international humanitarian law, no State can claim not to be aware of such violations being perpetrated in Yemen. As evidenced in the reports of the Group of Experts, parties to the conflict in Yemen have been committing violations that may lead to criminal responsibility for numerous war crimes. 917. For the States party to the Arms Trade Treaty, the mere fact that the State party has knowledge that the arms transfer would be used in the commission of war crimes in Yemen would be sufficient for a breach of the treaty to be established. According to its Article 6 (3): “A State Party shall not authorize any transfer of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, if it has knowledge at the time of authorization that the arms or items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party.” 918. For all States, including those that are not party to the Arms Trade treaty, arms transfers to members of the coalition may trigger State responsibility in the sense that they may violate the obligation of States to cooperate to bring to an end any serious breach of international law, including serious violations of international humanitarian law.1461 In certain cases, the provision of arms or logistic support to a party to the conflict could amount to knowingly aiding or assisting the party in the commission of an internationally wrongful act, hence making the state providing arms responsible for such act. 1462 This would also expose individuals in such countries to the risk of criminal responsibility for 1458 International Law Commission Draft Articles on the Responsibility of States for Internationally Wrongful Acts, Article 41(2), and the commentary thereto. 1459 International Law Commission Draft Articles on the Responsibility of States for Internationally Wrongful Acts, Article 16, and the commentary thereto. 1460 See for example: Oona Hathaway, Alexandra Francis, Alyssa Yamamoto, Srinath Reddy Kethireddy and Aaron Haviland, “Common Article 1 and the U.S. Duty to Ensure Respect for the Geneva Conventions in Yemen”, Just Security, April 2018 (https://www.justsecurity.org/55415/common-article-1-u-s-duty-ensure-respect-geneva-conventionsyemen/). 1461 ILC Draft articles on the Responsibility of States for Internationally Wrongful Acts, article 41(1). 1462 ILC Draft articles on the Responsibility of States for Internationally Wrongful Acts, Art. 16; see for example Alexandra Boivin, “Complicity and beyond: International law and the transfer of small arms and light weapons”, International Review of the Red Cross, Volume 87 Number 859, September 2005 (https://www.icrc.org/en/doc/assets/files/other/irrc_859_boivin.pdf); Cordula Droege and David Tuck, “Fighting together and international humanitarian law: Ensuring respect for the law and assessing responsibility for violations (2/2)”, Humanitarian Law and Policy, October 2017 (https://blogs.icrc.org/law-and-policy/2017/10/17/fighting-together-international-humanitarian-lawensuring-respect-law-assessing-responsibility-violations-2-2/#_ftnref10). 220

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