A/HRC/42/CRP.1
296. Between June 2017 and 2019, members of the 35 th Armoured Brigade raped at least
one woman, two boys, attempted to rape one girl, and sexually assaulted a man and a boy.
Forces kidnapped victims and subjected them to serious violence, rape and other forms of
sexual violence. These cases involved multiple armed perpetrators, and the use of military
vehicles. Six of the seven cases were perpetrated in the context of soldiers conducting their
purported duties.
297. Methods used included gang rape, perpetrating the abuse in front of family
members, the use of weapons and objects, prolonged torture and extreme violence and
injuries. Sexual violence was used as a means to humiliate and subjugate members of the
wider Muhamasheen community, not just the survivors themselves. The violence had a
profound emotional impact on the wider community, who are already victims of endemic
discrimination.422
“For more than a month [name withheld] could neither sit nor walk. He
cried every day and was constantly anxious. He stopped eating which
effected his kidneys. My child lost his innocence and had his childhood taken
by criminals being protected by the military leadership.”
A mother of a survivor of rape423
(b) Violations
298. Rape and other forms of sexual violence are prohibited by international human
rights law and international humanitarian law.424 This may lead to individual criminal
responsibility for the war crime of rape and other forms of sexual violence, as well as
torture, and outrages upon personal dignity.425 The taking of hostages is also prohibited by
both bodies of law426 and is a war crime, also in non-international armed conflict.427
299. The Group of Experts has reasonable grounds to believe that members of the 35 th
Armoured Brigade and Security Belt forces committed rape and other forms of sexual
violence, for which individuals may be held responsible for the war crimes of rape, and
other forms of sexual violence, as well as torture, and outrages upon personal dignity. In
addition, they may also be held responsible for the war crime of hostage-taking. The
Government of Yemen and United Arab Emirates, insofar as they are in control of forces
and/or facilities, are also obliged to respect, protect and fulfil the human rights of the
population, and hence to take positive actions to protect the population from sexual
violence, and other acts infringing their right to liberty and security of person .
C.
1.
Ta’izz, the continual frontline
Context
300. The city of Ta’izz, capital of Ta’izz governorate, is Yemen’s third largest city by
population. Once known as the country’s cultural capital, Ta’izz was the birthplace of the
2011 protests that led to the end of the rule of President Ali Abdullah Saleh. Nestled among
the mountains, it is located on the main road between Sana’a to the north, Aden to the east,
and al-Hudaydah to the west. With its political and historical significance, and its strategic
location that connects the northern and southern parts of the country and overlooks the Bab
al-Mandab Strait, the governorate sits at the heart of the conflict, representing the longest-
422
Confidential Sources on File.
Confidential Sources on File.
424 Art. 7 ICCPR; Art. 3 common to the Geneva Conventions, Art. 4 Additional Protocol II, See ICRC
Study on customary IHL, rule 93.
425 Art. 8 2.(e)(vi) Rome Statute.
426 See ICRC Study on customary IHL, rule 96.
427 Art. 9(1) ICCPR; Art. 3 common to the Geneva Conventions, Art. 4(2)(c) Additional Protocol II,
Art. 8 2.(c)(iii) Rome Statute.
423
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