A/HRC/42/CRP.1
attempted to cross three times through the checkpoint in al-Alam, in Abyan province, to
proceed to Aden, Houthi-Saleh fighters deployed at the checkpoint shot and injured the
driver, and killed the passenger of the vehicle.198 In Lahij province, at the checkpoints at the
entrance into al-Hawtah and al-Musaymir towns, Houthi-Saleh fighters also limited or
impeded the transportation of food, water, medicine, diesel and petrol into these
localities.199
Violations
174. It is a violation of international humanitarian law to direct an attack against a
civilian object. Civilian objects are protected from attack, as long as they are not used for
military purposes. Civilian objects lose their protection if and for such time as they become
military objectives. Military objectives are limited to those objects which by their nature,
location, purpose or use make an effective contribution to military action and whose partial
or total destruction, capture or neutralization, in the circumstances ruling at the time, offers
a definite military advantage.200 The intentional destruction of civilian objects may also
amount to a war crime in non-international armed conflicts.201 More specifically, it is also
prohibited to attack objects indispensable to the survival of the population, such as
foodstuffs.202
175. In the cases described above, the Group of Experts found reasonable grounds to
believe that the houses of opponents had protected status at the time as civilian objects and
that their destruction amounts to a violation of international humanitarian law by HouthiSaleh fighters. The same rationale pertains to the transport of food and other essential
items, which also have protected status as civilian objects. Their destruction may lead to
individual criminal responsibility for war crimes.
(e)
Use of protected objects for military purposes, and subsequent attacks thereon
176. During the 2015 military offensive in Aden, Houthi-Saleh fighters and Resistance
fighters used objects benefitting from special protection. Coalition forces also carried out
airstrikes that hit some of these objects. The following are some examples of this pattern in
the Craiter district of Aden and in al-Hawtah town in Lahij province.
198
Confidential Sources on File.
Confidential Sources on File. See above case on restrictions to medical care.
200 See ICRC Study on customary IHL, rule 8.
201 Art. 8 2.(e)(xii) Rome Statute; see ICRC Study on customary IHL, rule 7.
202 Art. 14 Additional Protocol II.
199
41
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