A/HRC/42/CRP.1 aiding and abetting war crimes.1463 Whether the conditions for complicity, notably for war crimes, are met as regards States supplying arms to Yemen remains to be established. 1464 919. On various legal bases, the legality of arms transfers by France, the United Kingdom, the United States and other States to parties to the Yemeni conflict remains questionable. This question is currently the subject of various domestic court proceedings and parliamentary debates.1465 Notwithstanding the outcome of these proceedings, the Group of Experts observes that the continued supply of weapons to parties involved in the conflict in Yemen perpetuates the conflict and the suffering of the population. XI. Conclusions and Recommendations A. Conclusions 920. The parties to the conflict in Yemen are responsible for an array of human rights violations and violations of international humanitarian law. Some of these violations are likely to amount to war crimes. 921. The practical impact of these violations on the lives of ordinary Yemenis has been immense and wide ranging. Shelling and airstrikes hit people going about their daily lives, often without warning in areas where there is no active combat ongoing, creating the sense that there is no safe place to hide from the fighting. Landmines left by the Houthis kill and maim people long after battles have subsided. The blockade, siege-like tactics, attacks impacting objects essential to the survival of the population and impediments to the delivery of aid deprive the population of necessary items while Yemen is undergoing an unprecedented humanitarian crisis. People are arrested and detained arbitrarily, disappeared, subjected to torture and ill-treatment, including sexual violence, and in some cases documented by the Group of Experts, have died in the custody of parties to the conflict or shortly after release. The population lives in fear of being detained or otherwise targeted for any perceived dissent. Parties actively recruit children, including through force. Civilians unable or unwilling to support the cause of the party in control of the area in which they reside suffer regular punishments. Parties carefully police activists, journalists, and human rights defenders and humanitarian workers, and impose on them restrictions in 1463 Art. 25 3. (c) Rome Statute. See various articles on that topic as regards arms transfers to Yemen possibly amounting to complicity of the United States (https://www.justsecurity.org/62363/saudi-coalition-admission-errorbombing-cholera-treatment-center-implicates-united-states/); and/or of the United Kingdom (https://www.theguardian.com/law/2019/jun/20/uk-arms-sales-to-saudi-arabia-for-use-in-yemendeclared-unlawful?CMP=Share_iOSApp_Other; https://www.theguardian.com/world/2019/jun/18/the-saudis-couldnt-do-it-without-us-the-uks-truerole-in-yemens-deadly-war?CMP=share_btn_fb; https://www.justsecurity.org/32656/law-aidingabetting-alleged-war-crimes-assess-uk-support-saudi-strikes-yemen/); and of France (https://www.hrw.org/fr/news/2019/04/15/yemen-appel-de-10-ong-apres-lenquete-de-disclose-sur-leyemen). 1465 Court proceedings are notably currently pending in France, Italy, and the United Kingdom; the issue has also been the subject of congressional/parliamentary debates and resolutions in, for example, the United States, Australia, and Italy; several countries have reportedly suspended arms exports to Saudi Arabia, including: Belgium, Germany (although indirect sales through France were reported and questions remain over deliveries under extant licenses) and the Netherlands.. Canada reportedly announced that it would initiate a review process of arms exports but civil society have expressed concerns at the fact that this review remains pending. Data on arms transfers is available from national reports on arms exports, publicly available judicial decisions and congressional/parliamentary resolutions, and independent research of human rights organizations and think tanks which have examined arms sales and supplies. The issue of arms sales and supplies to parties to the conflict has also been widely discussed in international and national media (see for example Samuel Perlo-Freeman, “Who is arming the Yemen war? An update”, March 2019, https://sites.tufts.edu/reinventingpeace/2019/03/19/who-is-arming-the-yemen-war-an-update/). 1464 221

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