A/HRC/42/CRP.1
at all times and in all circumstances, and shall not be the object of attack.192 They lose
protection if they commit or are used to commit hostile acts. Intentionally directing attacks
against buildings, material, medical units and transport, and personnel using the distinctive
emblems of the Geneva Conventions in conformity with international law constitutes a war
crime in non-international armed conflicts.193 International humanitarian law further
provides that the wounded and sick shall be respected and protected, notwithstanding their
prior participation, or not, in the conflict.194
169. The cases investigated by the Group of Experts evidence the Houthi-Saleh fighters’
blatant lack of respect for medical personnel and facilities, in firing indiscriminately
towards medical facilities, positioning snipers nearby, occupying and using hospitals for
military purposes, searching hospitals, and in attacking a clearly marked Red Crescent
ambulance killing two of its workers. They also limited the population’s access to
healthcare, leading to the death of individuals, namely those in need of specialized
healthcare.
170. In addition to other violations related to the principle of distinction as examined
above, the Group of Experts has reasonable grounds to believe that the Houthi-Saleh
fighters violated the obligation to respect and protect medical personnel and facilities at all
times and in all circumstances, as well as the obligation to respect and protect the wounded
and sick. Indiscriminate attacks against hospitals, the attack on a Red Crescent ambulance
and the killing of two of its workers may lead to individual criminal responsibility for war
crimes.
(d) Destruction of civilian property, restrictions at checkpoints during fighting in Lahij
and Abyan provinces
“My relative who was over 60 years old, suffered from a sudden heart attack.
As hospitals did not operate in the area during the war, I tried to travel to
Aden to receive treatment. However, Houthi soldiers refused to let us pass at
the al-Fyoush checkpoint and my relative died on the way”
Civilian from Lahij
171. During their military advance towards Aden, from 25 March 2015, Houthi-Saleh
fighters entered into Lahij and Abyan provinces where they fought against the Southern
Resistance. Both provinces were of a strategic importance for the Houthi-Saleh fighters’
advance into Aden.
Destruction of civilian objects by Houthi-Saleh fighters
172. During the Houthi-Saleh control of Lahij and Abyan from March to August 2015,
Houthi-Saleh fighters raided and used explosives to destroy houses belonging to members
of the Resistance or to individuals who opposed them.195 For example, in al-Hawtah, in
Lahij province, Houthi-Saleh fighters, during their search for members of the Resistance,
raided, detonated with the use of explosives, and destroyed over 10 houses or buildings.
During the months of June and July, Houthi-Saleh fighters also raided and destroyed with
the use of explosives eight houses belonging to members of the Southern Resistance in the
town of Lawdar, in Abyan province.196
Restrictions on food transportation at checkpoints by Houthi-Saleh fighters
173. Houthi-Saleh fighters restricted the transport of food into Aden. Two residents of alFyoush, in Lahij province, reported that Houthi-Saleh fighters had restricted the transport of
food into Aden in June 2015.197 Also in June, after a civilian pick-up loaded with food
192
Art. 11(1) Additional Protocol II.
Art. 8 2.(e)(ii) Rome Statute.
194 Art.7(1) Additional Protocol II.
195 Confidential Sources on File.
196 Confidential Sources on File.
197 Confidential Sources on File.
193
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