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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