A/HRC/42/CRP.1 captured it from the coalition or purchased it from the black market in Yemen. The shell of the mortar that landed inside the hospital was not seen. Second hand reports suggest that the Houthis collected the shells. The Houthis blamed the coalition for this attack, initially stating that it had been an airstrike. The coalition blamed the Houthis. 557. Based on the evidence available, the Group of Experts has reasonable grounds to believe that the use of such weapons in a heavily populated area amounts to an indiscriminate attack in violation of the principle of distinction enshrined in international humanitarian law, regardless of whether there was a military target in the area or not. Both the hospital and the fish market, along with the large number of civilians known to be in that area, were likely to be impacted by any attack on the area using weapons of this nature. The expected impact diameter of such weapon in crowded streets or in a fish market would have made obvious to the armed actor that carried out this attack that many civilians were likely to be killed or injured. In addition, hospitals are specifically protected by international humanitarian law and have to be respected and protected in all circumstances. (e) Occupation and attacks of hospitals Houthis’ take over and damage of the 22 May hospital.855 558. The 22 May hospital856 opened on 1 September 2010 in al-Hudaydah city. It provided services to other governorates, including Hajjah, Raymah, Ta’izz, Aden, and alMahawit. It was a private hospital with 110 beds, three operating theatres, nine intensive care units, five coronary care units, and MRI, Doppler and Ultrasound equipment. Until June 2018, the hospital operated normally. During the Houthi-Saleh take-over of alHudaydah, it continued its operations. 559. On 4 November 2018, the Houthis located one armed man at the top of the hospital. On 5 November, a large number of Houthis took over the hospital. The Houthis started using the facility and shooting from its roof. Following the Houthi’s take-over, the hospital became a target for Yemeni armed forces and affiliated UAE-backed armed groups. On 6 November, at around 22:30 hrs, the hospital staff were told by the Houthis that they had to evacuate. Ten intensive care unit patients were transferred to Sana’a, while the remaining patients went home, as their conditions were less serious. 560. On 7 November 2018, as the pro-government forces were about to take over the area where the hospital was located, the Houthis set fire to three operating theatres of the hospital. They then went into the laboratory and destroyed all of the machines with gunfire. Later, they destroyed the whole sixth floor and all records. The burning of rooms and shooting of equipment was captured by CCTV. 857 According to local sources, the Yemeni armed forces and affiliated groups gained control over the hospital on the evening of 8 November 2018. Violations 561. According to international humanitarian law, medical units shall be respected and protected at all times and in all circumstances, and shall not be the object of attack. Medical units lose their protection if they are used to commit hostile acts.858 On the basis of the evidence collected and reviewed, the Group of Experts found reasonable grounds to believe that the Houthis occupied the 22 May hospital and severely damaged it, and that the hospital was still under the protection of international humanitarian law at the time that it was occupied by the Houthis. This amounts to a clear violation of international humanitarian law. (f) Attacks on cultural property and heritage 855 Confidential Sources on File. Located at 14°47'20.67"N, 43° 0'9.09"E. 857 Confidential Sources on File. 858 Art. 11(1) Additional Protocol II. 856 135

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