A/HRC/42/CRP.1
to the hospital.501 The sniper was reportedly positioned approximately one kilometre
away502 and, judging from photographs of the area that the Group of Experts examined,
would have had a clear view of the young boy. The father said that they live on the
frontline, "we are living between life and death and can't go anywhere".503 This boy was
one of three children who were shot during the week of ‘Eid al-Fitr by Houthi snipers in
Ta’izz city.
Violations
333. International humanitarian law prohibits direct attacks against civilians and provides
that attacks may only be directed against those directly participating in hostilities.
Intentionally directing attacks against the civilian population as such or against individual
civilians not taking direct part in hostilities is a serious violation of humanitarian law and
amounts to a war crime.504 The principle of distinction further prohibits indiscriminate
attacks, i.e. attacks that are of such nature to strike military objectives and civilians or
civilian objects without distinction.505 Constituting indiscriminate attacks are for example
attacks using a method or means of combat which cannot be directed at a specific military
objective.506 Launching an indiscriminate attack resulting in death or injury to civilians is a
war crime.507
334. In all the attacks described above, the Group of Experts has reasonable grounds to
believe that the Houthis were responsible, due to the location of their positions in relation to
where the weapons impacted. The shelling that took place in rural areas with no fighting in
the vicinity amounted to indiscriminate attacks because of the nature of the weapon used
and the area at which it was directed. Even if identifiable military objectives may have been
the target of the attack, the fact that the type of weapon chosen did not ensure that it could
properly distinguish between those targets and the civilians known to be in the areas
renders the attack indiscriminate, in violation of international humanitarian law. In the case
of the 13-year old boy who was killed on 5 June 2019, the Group of Experts has reasonable
grounds to believe that the Houthis deliberately targeted a civilian, as there was apparently
a clear line of sight as to what was being targeted.
335. The Group of Experts found reasonable grounds to believe that the Houthis are
responsible for launching indiscriminate attacks resulting in the death or injury to civilians,
and in one sniper case, for deliberately targeting civilians. These acts may lead to individual
criminal responsibility for war crimes.
4.
Use of landmines by the Houthis
“[W]e did not know that there were landmines planted by the Houthis. I
stepped on a landmine while I was walking; one landmine was planted by the
roadside and another near the water well. I screamed, “Help”. I breathed
heavily and sat for a while until I found someone to take me to hospital. I was
shocked to know that my foot was amputated”
Landmine victim from Ta’izz
336. The legacy of landmines planted by the Houthis since 2015, during their advance
towards Ta’izz, continued to harm civilians into 2019. The planting of mines at the
beginning of the conflict to slow down the progress of the armed forces of the Government
of Yemen and affiliated groups contaminated large swathes of the governorate.
Antipersonnel and anti-vehicle landmines that were planted at the entrances and exits of
cities, towns and villages, as well as in houses, gardens and farmlands in areas that resisted
the Houthis’ presence have inflicted damage on the population’s lives and livelihoods.
501
Confidential Sources on File.
Confidential Sources on File.
503 Confidential Sources on File.
504 Article 8 2. (e) (i) Rome Statute.
505 Article 13(2) Additional Protocol II; ICRC Study on customary IHL, rules 11-12.
506 ICRC Study on customary IHL, rule 12.
507 ICRC Study on customary IHL, rule 156.
502
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