A/HRC/42/CRP.1
those responsible for the urgency in carrying out the mission, which resulted from a
procedural error and not to complete the necessary procedures by the coalition Forces
intelligence.”
433. JIAT further stated684 that MSF was in violation of international humanitarian law
for not requesting that the coalition include the facility in the no-strike list. The Group of
Experts notes that this is an incorrect attempt to reverse the responsibility for distinguishing
between military objectives and civilian objects and to place the burden on the
humanitarian relief organisations. The ‘no strike list’ is a means used by militaries in order
to assist their targeting teams with meeting their own responsibilities for identifying civilian
objects, including and especially those with special protection; the burden does not shift to
civilians to make themselves clearly known to attacking parties in armed conflict. However,
JIAT also acknowledged, in the same statement, that it had been notified that MSF was
moving to and from this facility.
434. The facility, a newly constructed Cholera Treatment Centre that would have
accommodated approximately 50 to 60 beds, could not open its doors to patients as planned
for the cholera season. (See chapter on violations related to the humanitarian situation,
section on attacks impacting medical facilities).
(c)
Bus at Dhahyan market, 9 August 2018, Sa’dah
“I was with my friend, same age. Making fun and laughing together. I woke
up outside the bus – about five meters away from the bus I could see other
injured children and pieces of their bodies, then I fainted again”.
Survivor of the attack on the bus in Dhahyan
435. On 9 August 2018, at around 8:30 a.m. the coalition forces carried out an airstrike
on Dhahyan area market in Majz district, Sa’dah governorate. The airstrike hit a bus
carrying approximately 50 children, parked along the Highway of Dhahyan market. The
Group of Experts verified the death of 11 children aged 10 - 15, and two male adults from
the attack, although reportedly the death toll was much higher with at least 40 reported
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