A/HRC/42/CRP.1 water truck. (For details on the sample of such incidents investigated by the Group of Experts, see the chapters on the battle of al-Hudaydah and Sana’a and other areas under de facto authority control. See also A/HRC/39/43 and previous OHCHR reports for examination of the patterns of such strikes). 756. The Group of Experts also examined 11 incidents affecting fishermen, leading to 43 fishermen killed, 49 injured and 19 missing. According to a submission by the Fishermen’s Association,1212 since the Group of Experts’ first report was published, there have been eight airstrikes against boats of fishermen off the coast of al-Hudaydah. These incidents reportedly resulted in the killing of 17 fishermen and injuries to another 15. As described in the Chapter on al-Hudaydah, the fishing community on the western coast of Yemen has been severely impacted by the conflict and people’s livelihoods have been considerably affected. This obviously compounded food-related needs in the region. For further details, see Emblematic Situation on al-Hudaydah. 757. Landmines planted by the Houthis on agricultural and pasture land has further limited farming and food production. The Group of Experts also documented cases of mines exploding on farmland and of shelling by the Houthis that affected food production. For further details, see - where relevant - sections on landmines, shelling and destruction of protected objects in Emblematic Situation chapters of this report. (a) Legal conclusions 758. The acts by parties to the conflict which impacted upon objects indispensable to the survival of the population, exacerbating an already dire humanitarian situation, may amount to violations of international humanitarian law, and may lead to criminal responsibility for war crimes. 759. In all types of conflicts, including non-international armed conflicts, it is prohibited to attack, destroy, remove or render useless objects indispensable to the survival of the civilian population.1213 This prohibition is defined in Additional Protocol II as a corollary to the prohibition of starvation. Indeed, such attacks may amount to the act of starvation if they have the effect to starve the civilian population. It is generally recognized that Article 14 Additional Protocol II is interpreted like its corresponding provision in Additional Protocol I (Article 54(2)), which is more detailed.1214 The latter also lists objects indispensable to the survival of the civilian population as including food, agricultural areas for the production of foodstuffs, crops, livestock, drinking water installations and supplies and irrigation works. While the military use of such objects is not per se prohibited, it puts them at higher risk of destruction and such military use is therefore questionable as regards the respect for the principle of distinction and the obligation to protect civilians against the dangers arising from military operations.1215 Article 54 (2) of Additional Protocol I prohibits altering or removing objects indispensable to the survival of the population “for the specific purpose of denying them for their sustenance value to the civilian population or to the adverse party, whatever the motive”.1216 760. All parties to the conflict in Yemen used and conducted attacks impacting objects indispensable to the survival of the civilian population. When committed against protected objects, they amount to violations of international humanitarian law. These acts violate the general protection afforded to civilian objects. In addition, in order to violate the 1212 Confidential Sources on File. Article 14 Additional Protocol II; See also ICRC Study on customary IHL, rule 54. 1214 See ICRC 1987 commentary to both Art. 54 Additional Protocol I and Art. 14 Additional Protocol II; See also ICRC Study on customary IHL, rule 54 (commentary). 1215 Art. 13(1) Additional Protocol II. 1216 As Article 14 Additional Protocol II does not expressly provide for exceptions, it is questionable whether such objects lose their protection if they are used in direct support of military action, as set forth in Article 54 (3) Additional Protocol I for international armed conflicts. However, even if this was the case, the prohibition of starvation would prohibit the attack of such objects, if the attack “may be expected to cause starvation among the civilian population” (see ICRC Customary International Law Study, rule 54). 1213 181

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