A/HRC/45/CRP.7
committed in Yemen are of concern to the global community, and that no-one is above the
law with respect to the commission of such crimes. Given its nature, the ICC could only
investigate and prosecute a small number of persons. However, the reverberations of such
prosecutions would be significant – in Yemen and globally. The Group of Experts thus calls
upon the Security Council to consider referral of the situation in Yemen to the ICC.
394. At the same time, given the large number of cases that will need further investigation
and mindful of the particular issues facing the Yemeni justice system, the international
community should consider further initiatives. There are steps that the international
community could take immediately, and others that might require a longer timeframe.
2) International Independent Investigative Mechanism for Yemen
395. The Group supports the establishment of an international criminal justice investigative
body that could build upon the work of the Group of Experts, but develop further specific
criminal justice related files. Similar initiatives have been taken in other contexts with the
General Assembly’s establishment of the IIIM-Syria595 and the Human Rights Council’s
establishment of the IIM for Myanmar.596 Such bodies have been mandated to collect,
consolidate, preserve and analyse evidence of violations of international humanitarian law
and international human rights law and international crimes, and prepare files in order to
facilitate and expedite fair and independent criminal proceedings, in accordance with
international law standards, in national, regional or international courts or tribunals that have,
or may in the future have, jurisdiction over the crimes.
(3) A Specialised Tribunal such as a Hybrid Tribunal597
396. In the longer term, the Group of Experts would encourage consideration to be given
to the establishment of some form of specialised tribunal such as a hybrid court (involving
national and international actors). It is a model that has been used successfully elsewhere –
e.g., in Sierra Leone598 and Cambodia599 --with collaboration between the United Nations and
the country concerned. Some tribunals have been established through an Agreement between
the United Nations and the country concerned. Others have been established within the
national justice system with legislation allowing for international involvement (e.g., in Timor
Leste,600 and the Central African Republic).601 It is also a model that has been used
successfully at a regional level by the African Union, in establishing the Extraordinary
African Chambers in Senegal,602 the planned Hybrid Court for South Sudan,603 and in a
modified fashion by the European Union in supporting the Kosovo Specialist Chambers.604
There has been no similar precedent among the League of Arab States/Gulf Countries, and it
is difficult to anticipate support coalescing at the regional level for such an initiative.
595
The International, Impartial and Independent Mechanism for Syria was established pursuant to
General Assembly resolution 71/248, A/RES/71/248 (adopted 21 December 2016).
596 Independent Investigative Mechanism for Myanmar established pursuant to Human Rights
Council resolution 39/2, A/HRC/39/2 (adopted 27 September 2018).
597 The Group of Eminent Experts has referred previously to the potential need for an international
accountability mechanism: see A/HRC/39/43, para.105; A/HRC/42/CRP.1, para.940.
598 Special Court for Sierra Leone established pursuant to an Agreement between the United Nations
and the Government of Sierra Leone, 16 January 2002.
599 Extraordinary Chambers in the Courts of Cambodia, established pursuant to an Agreement
between the United Nations and the Royal Government of Cambodia, 6 June 2003.
600 Regulation on the Establishment of Panels with Exclusive Jurisdiction over Serious Criminal
Offences, UNTAET/REG/2000/15.
601 Organic Law 15/003 on the creation, organization and functioning of the Special Criminal Court
(2015). The Special Criminal Court receives support in particular from the UN peacekeeping
mission.
602 Established pursuant to an Agreement between Senegal and the African Union (22 August 2012).
603 Provided for in the Agreement on the Resolution of the Conflict in the Republic of South Sudan
(17 August 2015) and the Revitalized Agreement (12 September 2018).
604 The Kosovo Special Chambers was established under Kosovo law (Law on Specialist Chambers
and Special Prosecutors Office (2017)), following an agreement with the EU.
100
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