A/HRC/42/CRP.1
humanitarian law.807 This may lead to individual criminal responsibility for the war crime
of rape and any other form of sexual violence, as well as torture, and outrages upon
personal dignity.808
497. The Group of Experts has reasonable grounds to believe that the de facto authorities
are responsible for the arbitrary killings of people affiliated with the GPC, which amount to
arbitrary deprivation of life. As they are linked to the armed conflict, these wilful killings
amount to serious violations of international humanitarian law, which may lead to criminal
liability for the war crime of murder. The Group of Experts also has reasonable grounds to
believe that the de facto authorities violated the right to liberty and security of person,
namely through enforced disappearances, arbitrary arrests and detention, including the
violation of fair trial rights, as well as torture and other ill-treatment, and sexual violence.
This may lead to criminal responsibility for the war crimes of torture, cruel or inhuman
treatment, outrages upon personal dignity, and denial of fair trial. In addition, the Group of
Experts has reasonable grounds to believe that the rights to freedom of expression and
assembly have been unduly restricted by the de facto authorities, in violation of their
human rights obligations.
E. The battle of al-Hudaydah (2018 – 2019)
1.
Context
498. In 2018, the al-Hudaydah governorate, already one of the most deprived areas in
Yemen, suffered intense fighting leading to numerous civilian casualties and damage, and a
deterioration of the humanitarian situation during an offensive by Yemeni armed forces and
UAE-backed armed groups aimed at regaining control of its capital, al-Hudaydah city.
499. From January 2018, Yemeni armed forces and affiliated UAE-backed armed groups
advanced through Ta’izz governorate from the south toward al-Hudaydah city, cutting
Houthi supply lines between Ta’izz and al-Hudaydah. They reached the outskirts of alHudaydah city by June. On 13 June 2018, alleging that the Houthis were smuggling
weapons through the port of al-Hudaydah, the coalition began “Operation Golden Victory”.
Its stated objective was to dislodge the Houthis from the port city. The fighting continued in
the whole governorate throughout the second half of 2018.
500. On 13 December 2018, under the auspices of the United Nations Special Envoy of
the Secretary-General for Yemen, the Houthis and the Government of Yemen reached an
agreement on the city of al-Hudaydah and the ports of al-Hudaydah, Salif, and Ras ‘Issa
(the “Stockholm Agreement”). The accord provided for the redeployment of forces on both
sides away from locations near the ports and the city of al-Hudaydah itself. On 16 January
2019, the United Nations Security Council adopted a resolution creating the United Nations
Mission to support the Hudaydah Agreement (“UNMHA”) to support the implementation
of the Stockholm Agreement.
501. The redeployment of troops on both sides did not proceed within the timeframes
initially agreed in the Stockholm Agreement, and serious questions remained over the
parties’ willingness to adhere to these agreements at the time of writing. However, the
Agreement contributed to a significant decrease in the violence in the province and
prevented the conflict from fully engulfing the capital of the governorate. Fighting in alHudaydah would have had serious consequences for civilians living in the town and
impacted the whole of Yemen, given the importance of the port to the country.
2.
Humanitarian situation
502. The fighting resulted in approximately 455,000 people displaced from and within alHudaydah governorate between June and November 2018.809 Many of the internally
807
Art. 7 ICCPR; Art. 3 common to the Geneva Convention, Art. 4 Additional Protocol II, See ICRC
Study on customary IHL, rule 93.
808 Art. 8 2.(e)(vi) Rome Statute.
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