A/HRC/45/57 13. Over the years, the National Commission has improved the quality of its reporting. Between August 2016 and July 2020, it produced seven reports, which are available on its website.9 To date, the reports have documented more than 19,500 human rights violations and abuses perpetrated by the various parties to the conflict in Yemen. 14. The National Commission has reported on various violations of international humanitarian law, including the killing and injuring of civilians, child recruitment and forced displacement. It has also documented violations and abuses of international human rights law, including extrajudicial killings, enforced disappearances, arbitrary arrests and detentions, torture and ill-treatment, and violence against women. For example, in its seventh public report, 10 published in September 2019, the National Commission documented and reported on violations and abuses of international human rights law and violations of international humanitarian law committed by all parties, and attributed incidents to several parties, including the Houthi-Saleh forces, the Arab coalition forces, the Yemeni armed forces and its affiliates, and the Shabwani Elite forces. It also reported on drone warfare. 15. In its seventh report, the National Commission also described its methodology. It explained that it considers the standard of verification to have been met when it has obtained and corroborated a reliable body of information sufficient for it to conclude that there are reasonable grounds to believe that an incident has occurred as described, and that violations were committed by the party to the armed conflict that has been identified. 16. Given the highly volatile environment and the difficulty establishing effective protection mechanisms, victims and witnesses who cooperate with the National Commission have been exposed to reprisals by parties to the conflict. It is critical that the National Commission be guided by the “do no harm” principle and that, in accordance with relevant international practice, an effective mechanism be put in place to protect victims and witnesses who come into contact with it.11 17. Under treaty and customary international law, States have the primary responsibility to investigate, prosecute and punish gross violations and abuses of international human rights law and serious violations of international humanitarian law, and to provide effective remedies to victims, including the right to truth, justice and reparation. Pursuant to the presidential decrees establishing the National Commission, it is responsible for investigating allegations of violations and abuses committed by all parties to the conflict, and for submitting its reports and cases to the Office of the Attorney-General to complete investigations and prosecution. 18. Between the date on which it began its work and July 2020, the National Commission submitted a large number of investigation files to the Office of the AttorneyGeneral, some 1,500 of them, according to information provided by the Government. Nevertheless, OHCHR has not been informed about any criminal investigation, or any court cases that have been initiated or completed following such submissions. The conflict has considerably weakened the Yemeni judicial system, which is affected by the hostilities, insecurity, threats against its members, and the Government’s lack of effective authority, notably in parts of the south of the country.12 19. The fact that the National Commission is based in Aden, with one sub-office in Ta’izz, renders it inaccessible for individuals living in remote areas or areas under the control of the de facto authorities. The deployment of field monitors of the National Commission to 20 governorates has been key to increasing its accessibility, but further efforts are required to improve its outreach. For instance, the establishment of sub-offices across Yemen would further facilitate access to the National Commission and reporting of cases. 9 10 11 12 4 See www.nciavhr.com/. See www.nciye.org/Reports/Seventh-Report/SeventhReport-Ar.pdf. OHCHR, “Manual on human rights monitoring: chapter 2 – basic principles of human rights monitoring”. Available at www.ohchr.org/Documents/Publications/Chapter02-MHRM.pdf. See www.ohchr.org/Documents/HRBodies/HRCouncil/GEE-Yemen/A_HRC_42_CRP_1.pdf, para. 875.