A/HRC/42/CRP.1
working as a guard of a building, but since his injury he has been unable to find
employment.268
Violations
208. Although customary international humanitarian law does not per se outlaw the use
of landmines, it sets restrictions on their use. Accordingly, particular care must be taken by
the parties to the conflict to minimize the indiscriminate effects of landmines.269
209. The Group of Experts has reasonable grounds to believe that the Houthi-Saleh
fighters used anti-personnel and anti-vehicle landmines in violation of international
humanitarian law, notably in the way the mines were placed in unmarked locations
frequented by civilians, with no warning, which rendered their use indiscriminate. The use
of anti-personnel mines is prohibited by the Antipersonnel Mine Ban Convention, to which
Yemen is a party and the application of which has been acknowledged by the de facto
authorities.
B.
Control of Aden and the south (2016 – 2019)
210. The following chapter documents arbitrary detention, arbitrary killings, restrictions
on freedom of expression and sexual violence committed in 2018-2019 as the United Arab
Emirates, Southern Transitional Council, Security Belt and Government of Yemen
authorities exerted control over Aden and areas of Lahij, Abyan, Shabwah, Hadramaut, as
well as southernmost parts of al-Dhale’e and Ta’izz governorates. It also highlights human
rights violations that took place earlier when necessary to illustrate patterns.
1.
Context
211. Since the end of the first Yemen civil war in 1994, the former territory of South
Yemen has been politically polarised between those who support and those who oppose
secession. In 2007, the Southern Movement, also known as al-Hirak al-Janoubi, was
formed to call for independence. In 2011, it participated in pro-democracy demonstrations
that ended the rule of Ali Abdallah Saleh and it also took part in the National Dialogue
Conference in 2013-14. In March 2015, when Houthi-Saleh fighters attacked areas of the
South, including Aden, those in the Southern Movement integrated with the Resistance and
Government forces opposing the Houthi-Saleh advance. The Resistance was formed by
men and boys as young as 15 with different affiliations, including local civilians, the
Southern Movement, Popular Committee militias who had previously supported the
Government to fight AQAP, Salafists, al-Islah, AQAP and Islamic State affiliates. From
April 2015, they were organised, equipped and funded by the United Arab Emirates under
the strategic command of the United Arab Emirates-coalition commander.270 Those who
later became leaders of the Southern Transitional Council and Security Belt gained
prominence fighting for the Resistance at this time.
212. By August 2015, the counter attacks by Resistance and Saudi-United Arab Emirates
led forces compelled the Houthi-Saleh fighters to retreat from Aden, Lahij, Abyan,
Shabwah, Hadramaut, and southern Ta’izz. In the wake of this, a security vacuum occurred.
The alliance within the Resistance forces broke down, in part due to differences in opinion
between the constituent groups over secession and how close to ally with the Saudi ArabiaUnited Arab Emirates-led forces. Intra-Resistance clashes led to a split, with one group
siding with the Government, and the other with the United Arab Emirates. The Southern
Movement suffered a similar divide between UAE supporters and opponents. AQAP and
Islamic State affiliates exploited this situation and reportedly conducted kidnappings,
arbitrary killings and bombings.
268
Confidential Sources on File.
See ICRC Study on customary IHL, rule 81.
270 Confidential Sources on File.
269
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