A/HRC/42/CRP.1
soldiers.1045 However, Yemeni law does not criminalize the recruitment and use in
hostilities of children under the age of 18.1046 International criminal law allows prosecution
of those violating these proscriptions for recruitment, conscription and use of children
younger than 15.1047
675. On 23 January 2019, Yemen underwent its third Universal Periodic Review
(hereinafter “UPR”) before the Human Rights Council. 1048 The Government of Yemen
indicated it had endorsed the Paris Commitments to protect children from unlawful
recruitment or use by armed forces or armed groups. The Government also reported that the
State had accepted obligations relating to children’s rights and their protection under the
strategy to combat child recruitment and to promote their demobilization and rehabilitation.
Yemen informed the Human Rights Council during the UPR that one such measure was the
signature in December 2018 of the roadmap for the 2014 Action Plan, promoted by the
United Nations, for the protection of children in armed conflicts. 1049
Recruitment and Use of Children by Yemeni armed forces and affiliated armed groups
676. In 2015 and 2016, the Southern Resistance recruited dozens of children in Aden. A
former child soldier told the Group of Experts that the groups recruited him at the age of
12.1050 The child said his father only allowed him to man a checkpoint, and not to join in the
battle. The child stated his “checkpoint was located just behind the front line… the front
line was no more than 200 meters away beyond the Aqaba Road where …10 of my friends
patrolled. On the front line itself, 200m away, another 10 other children were posted.” 1051
With regard to his role, the child stated,
“My role was to search people’s clothes and bags, particularly women.
Every day I heard the shooting and felt the explosions but our checkpoint was
not targeted directly. My responsibility was to find collaborators and
Houthis. On one occasion, I searched a woman and found money and
bombs.” 1052
677. The Group of Experts received compelling evidence about the ‘enforced’ and
‘voluntary’ recruitment of at least 27 children as young as 13 years’ old by the Yemeni
armed forces as well as by the UAE-backed Security Belt, Giants Brigades, and Shabwah
Elite forces, since 2017.1053 Among them, at least 22 children – some as young as 13 years –
According to Article 149 of Yemen’s Law No. 45 (2002) on Child Rights, “The State shall abide
by the internal law applicable to it in armed conflict that are related to the children and their
protection though the following: a. Prohibition of children carrying weapons; b. Protection of
children from effects of armed conflict; c. Protection of children that suffer from revenge/vendetta
issues; d. (d) not involving children directly in war and, e. not recruiting any person who is not above
18
year-old.”
Text
available
in
Arabic
at
http://hrlibrary.umn.edu/arabic/Yemeni_Laws/Yemeni_Laws29.pdf.
1046
The 1988 Yemeni Military Penal Code, article 21 provides that “An individual subject to the
provisions of this law who committed during the war any act that causes harm to individuals and
protected properties as per the international agreements to which Yemen is a consignee, shall be
liable to imprisonment for a term of no longer than 10 years or penalized fittingly with the crime
results.” The article then lists the ‘punishable acts’, however it does not include the recruitment and
use of children under 15 or 18 year-old.
1047 Though Yemen is not a signatory of the Rome Statute, the Statute defines as a war crime
conscripting or enlisting children under the age of fifteen years into the national armed forces or using
them to participate actively in hostilities. Article 8(2)(b)(xxvi) and(e)(vii). Special Court for Sierra
Leone, Prosecutor v. Samuel Hinga Norman, Dissenting Opinion of Justice Robertson, Case No.
SCSL-04-14-AR72 (E), 31 May 2004. See also ICRC Study on customary IHL, rules 136-137.
1048 https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24094&LangID=E
1049 The Action Plan signed in 2014 was only activated in 2018, and a road-map for its
implementation was agreed and signed only on 18 December 2018. The roadmap lays out measures to
ensure release, reintegration and prevention of child recruitment.
1050 Confidential Sources on File.
1051 Confidential Sources on File.
1052 Testimony from a source; identity obscured for protection reasons.
1053 Confidential Sources on File.
1045
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