A/HRC/42/CRP.1
advocacy point of the United Nations, until access to the mills was eventually granted on 5
May 2019. The status of the Red Sea Mills supply, in particular the total quantity of wheat
that would still be fit for human consumption, remained to be determined at the time of
writing. 1261
788. Violence against humanitarian personnel, assets and facilities has also been reported
as an impediment to humanitarian access. Since September 2014, the Aid Worker Security
Database registered a total of 62 humanitarian workers as victims of attacks in Yemen (59
national and 3 international employees), including 27 workers killed, 20 injured and 15
kidnapped.1262 One of these victims was ICRC delegate Hanna Lahoud, shot and killed in
Ta’izz on 21 April 2018 (see chapter on Ta’izz, section on targeting of humanitarian relief
personnel).
(a) Legal conclusions
789. Humanitarian personnel and humanitarian relief objects are specifically protected
under international humanitarian law. Parties to the conflict, including non-international
conflicts, must respect and protect humanitarian personnel and humanitarian relief
objects.1263 Under this rule, humanitarian relief personnel are not only protected from
attack, but also from harassment, intimidation and arbitrary detention. 1264 It is a war crime
to intentionally direct attacks against personnel or installations, material, units or vehicles
involved in a humanitarian assistance mission in accordance with the United Nations
Charter, as long as such personnel or objects are entitled to the protection given to
civilians/civilian objects under international humanitarian law. 1265
790. International humanitarian law further provides that the parties to the conflict must
allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in
need, provided that such relief is of impartial nature and conducted without adverse
distinction.1266 Parties have the right to control humanitarian operations.1267 However, such
control shall not arbitrarily impede the prompt delivery of relief supplies. Consent may not
be withheld for arbitrary reasons, and restrictions on humanitarian activities may only be
justified in case of imperative military necessity and on a temporary basis. 1268
791. The Group of Experts has reasonable grounds to believe that all parties to the
conflict are violating their obligations to allow and facilitate rapid and unimpeded passage
of humanitarian relief for civilians in need. When humanitarian needs are as prevalent as in
Yemen, and it is of public knowledge that people are starving, this raises serious concerns
with regard to the possible use of starvation as a method of warfare.
7.
Measures affecting economic and social rights
792. The disastrous economic situation is a main driver of the humanitarian crisis in
Yemen. A number of factors – in addition to the measures described above – have
contributed to the steady contraction of the Yemeni economy since the beginning of the
conflict.
1261
https://reliefweb.int/report/yemen/world-food-programme-accesses-yemeni-frontline-district-firsttime-conflict-began.
1262 https://aidworkersecurity.org/incidents/search?start=2014&detail=1&country=YE.
1263 See ICRC Study on customary IHL, rules 31 and 32.
1264 See ICRC Study on customary IHL, rule 31.
1265 Art. 8 2. (e)(iii) Rome Statute.
1266 Art. 18(2) Additional Protocol II, see also ICRC Study on customary IHL, rule 55.
1267 Art. 18(2) Additional Protocol II, see also ICRC Study on customary IHL, rule 55.
1268 See ICRC Study on customary IHL, rule 55; See also Art. 71(3) Additional Protocol I; See
Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed
Conflict,
Commissioned
by
OCHA,
October
2016
(https://www.unocha.org/sites/unocha/files/Oxford%20Guidance%20pdf.pdf).
189
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