A/HRC/42/CRP.1
Nations Country Team condemned the incident.833 On 15 October, the Official Spokesman
of the coalition, Colonel Turki al-Malki, stated that results of the comprehensive review of
the incident indicated that there might have been collateral damage and civilian casualties
during this incident and that all documents relating to this incident had been handed over to
JIAT. 834
24 October 2018 – Airstrike on Okra farm/market in Mahatat al-Mas`odi area, alMansuriyah district.835
521. On 24 October 2018, at around 5:30 p.m., in Mahatat al-Mas`odi area, alMansuriyah district, al-Hudaydah governorate, a coalition airstrike hit a farm. The shrapnel
from the explosion of the weapon resulted in the death of 21 civilians, including two
children, and injured seven civilians, including four children. According to witnesses’
accounts, the casualties were farmers, who were harvesting and cleaning okra to be sold in
the market when they were hit by two strikes. Reportedly, one of the two weapons did not
explode. The Group of Experts did not receive reports of any apparent military objectives
near the farm at the time of the attack.
522. The area struck was under the control of the de facto authorities. The farm is
adjacent to the Highway linking al-Hudaydah to Ta’izz governorate. The farm is located
200 meters away from Alawyah Junction of al-Durayhimi district. The destruction of the
farm and the killing of breadwinners destroyed the sources of income for many in the area.
Witnesses reported that some survivors are living from begging and favours of others to
feed themselves. A Reuters press report quoted the spokesman for the coalition, Colonel
Turki al-Malki, as stating that the coalition would investigate the incident. 836 To the
knowledge of the Group of Experts, no other official comment has been made on this
incident by the coalition.
Violations
523. According to the principle of distinction, parties to the conflict must at all times
distinguish between the civilian population and individuals who participate in hostilities.
Attacks may only be directed against the latter. Similarly, attacks may only be directed
against military objectives. Civilian objects lose protection from attack if and for such time
as they are used for military purposes.837 Should the parties target a military objective, they
must respect the principle of proportionality in attack. According to this principle, an attack
may not be expected to affect civilians or civilian objects in a way that would be excessive
in relation to the anticipated military advantage.838 Finally, in line with the principle of
precautions in attack, constant care must be taken to spare the civilian population and
civilian objects in the conduct of military operations.839
524. The Group of Experts reached factual conclusions on the three above cases
involving airstrikes in al-Hudaydah. The three cases followed similar patterns. They took
place along key highways in Houthi controlled areas, two of them occurring near Houthi
checkpoints. The airstrikes hit buses carrying civilians, some of whom were internally
displaced persons fleeing conflict-affected areas, resulting in their deaths and injuries.
Based on the evidence available, the Group of Experts has reasonable grounds to believe
the coalition carried out the three investigated airstrikes that killed civilians. In two of the
three cases, it is not clear what the intended target was, raising concerns with respect to
target selection and respect for the principle of distinction. In one case, the JIAT indicated
833
UN Humanitarian Coordinator in Yemen, 14 October 2018, Available at:
https://reliefweb.int/report/yemen/attacks-passenger-buses-hodeidah-leave-scores-dead-and-injuredenar.
834 https://www.spa.gov.sa/viewfullstory.php?lang=en&newsid=1828669.
835 The location of the incident is 14°37'32.63"N, 43°18'24.27"E.
836
https://www.reuters.com/article/us-yemen-security-hodeidah/air-strikes-kill-at-least-16-civiliansin-yemens-hodeidah-medics-residents-idUSKCN1MY2HU.
837 Art. 13 Additional Protocol II; See ICRC Study on customary IHL, rules 1 to 10 in particular.
838 See ICRC Study on customary IHL, rule 14.
839 See ICRC Study on customary IHL, rule 15.
128
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