A/HRC/42/CRP.1
of weapons, and whether attacks were carried out in such a way as to minimise harm to
civilians, in accordance with the principle of precautions in attack. Additionally, in five of
the six cases, the Houthi shelling hit populated civilian areas, some of which were densely
populated. In four incidents, the Group of Experts identified a potential military objective
that may have been the target of the attack in the vicinity where the shells landed. However,
in these incidents, a camp for displaced persons, a water distribution point and civilian
homes were hit instead. The inaccurate nature of the chosen weapon and the civilianpopulated areas into which they were fired rendered the attacks indiscriminate, in violation
of the principle of distinction. In the one incident that occurred during fighting, the Group
found that the Houthis failed to take necessary precautions to protect civilians during an
active combat situation, firing a shell in the direction of a group of mainly elderly persons
who were trying to flee the area. In addition, the hitting of a water collection point may
raise concerns as to the prohibition of attacks against objects indispensable to the survival
of the civilian population.
541. Further, the location of military bases by the Yemeni armed forces and affiliated
groups in civilian-populated residential areas, including in a school, and near camps for
displaced persons also raises serious concerns about the location of military objects in
civilian areas, blurring the distinction between civilian and military objectives, enhancing
the risk of harm to civilians and civilian objects, and hence violating the obligation to take
all feasible precautions against the effects of attacks.
542. With respect to the cases investigated in al-Hudaydah, the Group of Experts has
reasonable grounds to believe that the Houthis were responsible for attacks using indirectfire weapons with wide area impact that amounted to indiscriminate attacks in violation of
the principle of distinction. Launching an indiscriminate attack resulting in death or injury
to civilians may lead to criminal responsibility for war crimes.847 With such attacks, the
Houthis further violated the obligation to take all feasible precautions to protect civilians.
The Government of Yemen and affiliated groups, in placing military objectives within or
near populated areas, also violated international humanitarian law by failing to take all
feasible precautions to protect civilians against the effects of attacks.
(c)
Shelling by Yemeni armed forces and affiliated UAE-backed armed groups
29-July 2018 – Mahwa Khalif village, al-Tuhayat District
543. On 29 July, at around 10:30 hrs, one mortar shell landed near a house in the small
village of Mahwa Khalif village, al-Tuhayat District.848 The shrapnel killed a man and
injured five girls who were playing outside the house. According to witnesses, a mortar
shell came from the west, from the direction of the Government controlled governorate of
al-Tuhayat. While there was not any evident target for this attack, witnesses reported that
the village was under the control of the Houthis and that they were driving motorcycles
throughout the village.
544. There was no active fighting at the time of the attack, and the Group of Experts
could not identify an apparent intended target for this attack. Even if there was a military
objective in the area, it would have been obvious that firing indirect fire weapons with a
wide area impact towards a civilian-populated area would likely harm civilians. The
decision to use such an imprecise weapon in a civilian-populated location, shows failure to
take into account the civilian lives and property in the area.
(Details of date withheld for protection reasons), al-Durayhimi
545. In al-Durayhimi district, the offensive by the Yemeni armed forces and affiliated
UAE-backed armed groups on the district intensified moving towards Houthi positions in
the east. According to witnesses, a significant amount of shelling was coming from the
west, where Yemeni armed forces and affiliated UAE-backed armed groups were located,
847
848
132
See ICRC Study on customary IHL, rule 156.
Located at 14.168N, 43.287E.
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