A/HRC/39/43
Médecins sans frontières facilities had been shared with the coalition and the ambulance
was clearly marked. On 11 June 2018, Médecins sans frontières reported that an air strike
had hit a new cholera treatment centre in the Abs district of Hajjah Governorate. It
indicated that the coordinates of the facility had been shared with the coalition on 12
separate occasions.
37.
The specific cases investigated by the Group of Experts raise serious concerns about
the targeting process applied by the coalition. The Group submitted a request to the
coalition for specific information on this process; regrettably, it has not received any
response to date. The brief public reports by the coalition’s Joint Incidents Assessment
Team do not provide any detail on the targeting process. Therefore, the Group has been
limited to examining the results of air strikes.
38.
Based on the incidents examined, and information received in relation to the
targeting process, the Group of Experts have reasonable grounds to believe the following:
(a)
In the absence of any apparent military objective in the vicinity, the objects
struck raise serious concerns about the respect of the principle of distinction and how
military targets were defined and selected. The use of precision-guided munitions would
normally indicate that the object struck was the target;
(b)
The number of civilian casualties raises serious concerns as to the nature and
effectiveness of any proportionality assessments conducted;
(c)
The timing of some attacks and the choice of weapons raise serious concerns
as to the nature and effectiveness of any precautionary measures adopted;
(d)
The failure to ensure that all relevant commanders have access to the nostrike list raises serious concerns about the ability of the coalition to comply with the
special protections accorded to such objects;
(e)
The use in some cases of “double strikes” close in time, which affect first
responders, raises serious concerns as to whether updated proportionality assessments and
precautionary measures were carried out for the second strikes.
39.
If there are errors in the targeting process that effectively remove the protections
provided by international humanitarian law, these would amount to violations. These may,
depending on the circumstances, amount to war crimes by individuals at all levels in the
member States of the coalition and the Government, including civilian officials.
40.
Shelling and sniper attacks by parties to the conflict have resulted in large numbers
of civilian casualties in the Hajjah, Lahij, Ma’rib and Ta’izz governates. The Group of
Experts focused on such attacks in the city of Ta’izz, an urban environment with some of
the most intense and sustained fighting in the country. The Group could not access Ta’izz
for security reasons, but obtained information from numerous reliable sources.
41.
The situation in Ta’izz is complicated due to the large number of armed groups
operating in the city, including Houthi-Saleh forces, pro-Hadi forces, Salafist militias, Islah
militias and jihadist groups. Many parties fighting in Ta’izz have been responsible for
civilian casualties. While the constant clashes have resulted in shifting front lines within the
city, the Houthi-Saleh forces have maintained control of the highlands surrounding the city
since the start of the conflict. The Group of Experts gathered reports of shelling by HouthiSaleh forces from the highlands and areas of the city under their control resulting in the
majority of civilian casualties. However, the breakdown of responsibility for civilian
casualties in Ta’izz requires further investigation.
42.
The information available indicates that civilians, including women and children,
were hit by shelling and snipers from the Houthi-Saleh forces and other parties to the
conflict while in their homes, just outside their homes, fetching water at local wells, on
their way to purchase food, travelling to seek medical attention and delivering critical
supplies. Some witnesses alleged that they were subjected to almost daily attacks in their
residential neighbourhoods.
43.
A large number of witnesses consistently reported that incoming fire from mortar,
artillery and small arms originated from Tabat Softel Hill, Al-Salal Hill, Air Defence Hill,
7
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents