A/HRC/42/CRP.1
old; one woman and two men). In addition, eight persons were injured, including two men,
two women, two girls, and one boy. Information gathered by the Group of Experts indicates
that the neighbourhood was a quiet residential area, with two functioning schools in front of
the targeted building. The strike occurred during Ramadhan when many of the building’s
residents were still sleeping.
443. The Group of Experts confirmed that civilian casualties occurred during this
airstrike, and did not identify any apparent military targets in the area.
(g) Violations
444. According to the principle of distinction, parties to the conflict must at all times
distinguish between the civilian population and individuals participating in hostilities.
Attacks may only be directed against the latter. Similarly, attacks may only be directed
against military objectives. Civilian objects lose protection from attack if and for such time
as they are used for military purposes.712 Should the parties target a military objective, they
must respect the principle of proportionality in attack. According to this principle, an attack
may not be expected to affect civilians or civilian objects in a way that would be excessive
in relation to the anticipated military advantage.713 Finally, in line with the principle of
precautions in attack, constant care must be taken to spare the civilian population and
civilian objects in the conduct of military operations.714
445. Medical facilities are specifically protected under international humanitarian law.
Along with medical personnel, medical units and transport must be respected and protected
at all times.715 They must not be the object of attack, as long as they are not used to commit
acts harmful to the enemy. In such case, they may become legitimate military objectives
and lose their protection after the issuance of an unheeded warning. 716 Intentionally
directing attacks against protected medical units is a war crime in non-international armed
conflicts.717
446. In most cases described above, that is the airstrike close to the Kitaf Hospital in
Sa’dah, the airstrike on the house and farm in Hajjah, and the airstrike on the residential
building in Sana’a, there is nothing to suggest from the evidence at hand that there were
military targets at the respective sites of the attacks or nearby. This raises concerns over the
respect for the principle of distinction.
447. In the case of the Kitaf Hospital, in particular, the airstrike hit in the close vicinity of
a hospital and a market, as should have been known to the coalition, at a busy time of the
day, when civilians, including medical staff, were present. Even in the event a military
target was present, the location and the time of the strike raise concerns with regard to the
coalition’s respect for the principles of proportionality and precautions in attack.
448. With regard to the airstrike in Hajjah, the number of airstrikes, their timing, their
proximity to each other (less than 10 minutes lapse), the damage done to the houses and the
fact that the last one hit an open area that women and children were running into, suggest
that the second and third airstrikes may have been ordered without an adequate assessment
of the targets, in violation of the principle of distinction. Even if the first house had been
considered as a legitimate target, there are concerns that the coalition may have failed to
respect the principle of proportionality and to take the necessary precautions to minimise
civilian harm. The same concerns as regards the principle of distinction and precautions
are valid for the attack on the residential building in Sana’a, given its location in a
residential neighbourhood, in front of two functioning schools.
712
See ICRC Study on customary IHL, rules 1 to 10 in particular. See also Article 13 Additional
Protocol II.
713 See ICRC Study on customary IHL, rule 14.
714 See ICRC Study on customary IHL, rule 15.
715 See ICRC Study on customary IHL, rules 28 and 29.
716 Article 11 Additional Protocol II; see ICRC Study on customary IHL, rules 28 and 29.
717 Article 8(2)(e)(ii) and (iv), Rome Statute.
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