A/HRC/42/CRP.1
measures to reach a specific military aim, as referred to in the proportionality assessment
described above, and the fact that they have not been lifted despite the obvious and
devastating impact on the civilian population, tends to indicate that their purpose might also
have been directed towards pressurizing the civilian population, which may imply a
punitive aspect. In particular, the fact that no container, except for one, could until the time
of writing enter the port of al-Hudaydah since the blockade was imposed in 2017, and the
fact that the military aim sought might already be fulfilled by the inspection by EHOC,
does suggest some punitive intent. This element would nevertheless need to be further
investigated. The same reasoning is valid for examined cases of siege-like warfare, where
access restrictions are imposed by the Houthis (Ta’izz and Hajjah) and by the Yemeni
armed forces (al-Durayhimi).
781. The access restrictions mentioned above – i.e. the blockade and other measures
taken by the coalition and siege-like situations enforced by both the Houthis and the
Yemeni armed forces – have significantly impeded humanitarian operations, considerably
restricting the movement of relief personnel or supplies into or within Yemen. In view of
this impact, the Group of Experts has reasonable grounds to believe that the parties to the
conflict, in imposing such closures, are violating their obligation to allow and facilitate
rapid and unimpeded passage of humanitarian relief for civilians in need. This obligation
has also been violated by other restrictions, such as bureaucratic constraints and
interference in humanitarian operations.
6.
Further humanitarian access restrictions
782. In conflict situations, security grounds are often used to justify restrictions on the
delivery of humanitarian aid. In Yemen, military operations and ongoing hostilities only
account for a small proportion of access incidents (around five to six per cent).1249 While
shifting frontlines may be particularly problematic in certain districts, in other districts,
humanitarian access is mainly impacted by bureaucratic restrictions. 1250 These include
denials or delays in the delivery of visas, residency permits, and travel permits by both the
Government of Yemen and the de facto authorities. The refusal or delay by both the
Government of Yemen and the de facto authorities to sign sub-agreements is another major
impediment to relief operations.
783. All parties were also responsible for delays in approving and clearing imports and
movement of essential equipment. Clearance requirements put in place by the coalition in
December 2018 for humanitarian movement also significantly delayed proceedings at the
Dhubab checkpoint in Ta’izz.1251 Significant delays were further registered in October
2018, when new clearance procedures were issued in Sana’a. On the road between Aden
and al-Hudaydah, clearances at Ibb Customs Houses have also been posing significant
challenges and costly delays.1252
784. In addition to imposing onerous restrictions on aid workers, the de facto authorities
have confiscated food and medical supplies.1253 Interference by the de facto authorities in
humanitarian operations is pervasive. 1254 In March 2019, the de facto authorities ordered all
international NGOs operating in the district of Hajjah to relocate in Hajjah city (see chapter
on Sana’a and other areas under control of the de facto authorities, section on Hajjah). In
June 2019, OCHA reported how multiple international NGOs were forced by the de facto
1249
See bi-monthly OCHA Yemen Humanitarian Access Snapshots as published on
www.reliefweb.int.
1250
OCHA,
Humanitarian
Response
Plan
2019,
February
2019,
https://reliefweb.int/sites/reliefweb.int/files/resources/2019_Yemen_HRP_V21.pdf
1251 For example, between 21 and 24 February 2019, 21 United Nations contracted trucks with food
aid were blocked at the Dhubab checkpoint in Taizz because the coalition required a proof of
deconfliction (despite the fact that deconfliction is a voluntary system).
1252 On 15 February 2019, 30 United Nations trucks transporting perishable medical supplies from
Aden to Al Hudaydah were impounded by the Customs House in Ibb.
1253 Human Rights Watch, “Yemen: Events of 2018”, World Report 2019, available at
https://www.hrw.org/world-report/2019/country-chapters/yemen.
1254 Ibid.
187
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