A/HRC/42/CRP.1
round fired on a street killed and injured several persons, a subsequent round hit the
paramedics who attempted to assist the victims of the first round.134
143. The moral and psychological impact of the attack persists until today. Many live in
trauma after losing family members. Among the injured, 18 have still disabilities, including
four women and three children; they lost limbs, eyesight, or otherwise sustained serious
injuries.135
Violations
144. The principle of distinction prohibits indiscriminate attacks, i.e. attacks that are of
such nature to strike military objectives and civilians or civilian objects without
distinction.136 Constituting indiscriminate attacks are for example attacks using a method or
means of combat which cannot be directed at a specific military objective. 137 According to
the principle of precautions in attack, in the conduct of military operations, parties to the
conflict must take constant care to spare the civilian population and civilian objects. All
feasible precautions must be taken to avoid or minimize incidental loss of civilian life,
injury to civilians and damage to civilian objects.138 Launching an indiscriminate attack
resulting in death or injury to civilians, including launching an attack in the expectation that
it will cause excessive incidental civilian loss, injury or damage may lead to criminal
responsibility for war crimes.139 In addition, medical personnel are specifically protected
under international humanitarian law and must be respected and protected in all
circumstances, as long as they do not directly participate in hostilities.140 The shelling on 19
July 2015 occurred during fighting in densely populated civilian areas. The choice of
weapons and the manner in which they were used amounted to a violation of the obligation
of the parties to distinguish between civilians and military targets at all times. Regardless of
whether there were legitimate military objectives in the areas, the imprecise nature of the
weapons used and the areas towards which they were launched rendered the attacks
indiscriminate. Furthermore, the shelling of crowded ports and residential areas at busy
times violated the principle of precautions in attack.
145. The Group of Experts found reasonable grounds to believe that the Houthi-Saleh
fighters are responsible for serious violations of international humanitarian law in
launching indiscriminate attacks resulting in the death or injury of civilians. These acts may
lead to individual criminal responsibility for war crimes.
(b) Sniper attacks by Houthi-Saleh fighters
I carried my one year old son to a hospital, in Dar Sa’ad. On the way, one
sniper positioned on top of one building saw me and looked into my eyes. The
sniper must have seen that I was unarmed as I was only carrying my son.
Nevertheless, the sniper fired one shot, which injured and cut my son’s leg.”
Father of victim of sniper attack, Aden, 2015
146. As Houthi-Saleh fighters took control of Aden and various neighbouring localities,
they placed snipers on mountains and high buildings and targeted civilians, using small
arms, rocket propelled grenades, mortars, and tank rounds. The victims included men,
women, children, and elderly persons. These attacks restricted the freedom of movement in
areas under Houthi-Saleh control and limited the capacity to assist the injured. The Group
of Experts documented sniper attacks throughout many areas along frontlines, including in
Craiter, al-Mualla, al-Towaihi, and Dar Sa’ad districts of Aden, as well as in the town of alHawtah, in Lahij province. The Houthis and Saleh forces also deployed snipers facing the
al-Qatiya’a health compound and the al-Jumhuriyah Hospital in Aden. At al-Qatiya’a on 2
134
Confidential Sources on File.
Confidential Sources on File.
136 See ICRC Study on customary IHL, rules 11-12. See also Article 13, Additional Protocol II;
137 See ICRC Study on customary IHL, rule 12.
138 See ICRC Study on customary IHL, rule 15.
139 See ICRC Study on customary IHL, rule 156.
140 Art. 9(2) Additional Protocol II; see ICRC Study on customary IHL, rule 25.
135
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