A/HRC/42/CRP.1
Yemen is a party, as well as most coalition members1370, is also significant in this context.
The protection offered by the Convention and its second Protocol is broader than the above
mentioned provisions of international humanitarian law in the sense that it notably provides
for specific conditions for waivers on the basis of imperative military necessity, as well as
an enhanced system of protection for specifically designated cultural property. 1371 Property
may be placed under enhanced protection if not used for military purposes, and parties shall
refrain from making such property the object of attack, or from any use of it or its
immediate surroundings in support of military action.
844. Finally, intentionally directing attacks against buildings dedicated to religion,
education, art, science or charitable purposes, and historic monuments, provided they are
not military objectives is considered a war crime, including in non-international armed
conflicts.1372
1.
Destruction of Yemeni cultural heritage
845. Parties to the conflict damaged and destroyed objects subject to protection as
cultural property, such as historical monuments, archaeological and religious buildings of
cultural and religious significance to Yemen and to the world. This occurred through
deliberate or indiscriminate attacks, or due to the proximity of such objects to military
objectives. The use of such cultural property for military purposes, removing their
protection from attack, is also a major cause of destruction. As the conflict endures, the
actions of the parties continue to directly endanger the cultural heritage of Yemen, putting it
at risk of disappearing.1373
846. All parties to the conflict have contributed to the erosion and damage to sites of
cultural heritage throughout Yemen. The Group of Experts was informed that UNESCO
shared with all parties to the conflict the coordinates of sites of cultural heritage.1374 Yet,
airstrikes had a particular toll on cities, including the old cities of Sa’dah and Sana’a. The
old city of Sana’a, with its unique architecture and its Islamic heritage, which has been
listed as a world heritage site since 1986, has been impacted by airstrikes since the
beginning of the conflict.1375 Damage caused during the first months of the conflict alone
included damage to hundreds of structures, causing the World Heritage Committee to place
it on the list of world heritage in danger in July 2015.1376 In Ta’izz, Al-Qahira, or the Cairo
Castle, has also sustained significant damage.1377 The citadel, which dates back to the
Ottoman era, is one of Yemen’s most famous historic sites.
847. The city of Sa’dah has been one of the most heavily affected, in terms of destruction
levels, throughout Yemen, predominantly as a result of airstrikes. A statement by the
Coalition’s spokesperson in May 2015, implying the entire city of Sa’dah was a military
target, raised serious concerns for civilians and the distinction between civilian objects and
military objectives. The destruction suffered by the city of Sa’dah included sites of cultural
heritage, such as the historic old city, and the historic mosque of Imam al-Hadi, which was
1370
All members of the coalition are party to both the 1954 Hague Convention and its second
Protocol, except for the United Arab Emirates, which is not a signatory to the Convention and the
Sudan, which is not a party to the second Protocol.
1371 The international list of cultural property under enhanced protection does not feature any cultural
property in Yemen.
1372 See Rome Statute, Art. 8 2.(e)(iv); see ICRC, customary study on IHL, rule 38.
1373
Blue Shield Statement on Yemen, 3 June 2015, at https://theblueshield.org/wpcontent/uploads/2018/06/03062015_Statement_Yemen_FINAL.pdf; See also Confidential Sources on
File.
1374 Copies of confidential correspondence between UNESCO and the parties to the conflict on file.
1375 UNESCO condemned the 12 June 2015 air raid on the city conducted by coalition forces.
UNESCO Statement, 12 June 2015, available at https://whc.unesco.org/en/news/1295/
1376 https://whc.unesco.org/en/news/1310/.
1377 Confidential Sources on File.
203
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