A/HRC/45/CRP.7
international human rights treaties recall the obligation on States to promote universal respect
for, and observance of human rights and freedoms.641 It is important for all States to live up
to this obligation in their dealings with Yemen.
VII. Conclusions and Recommendations
A.
Conclusions
418. The Group of Experts has reasonable grounds to believe that the Governments
of Yemen, Saudi Arabia, the United Arab Emirates and the Southern Transitional
Council, to the extent they exercise jurisdiction, and as applicable to each party, are
responsible for human rights violations including arbitrary deprivation of life, enforced
disappearances, arbitrary detention, gender-based violence, including sexual violence,
torture and other forms of cruel, inhuman or degrading treatment, the recruitment and
use in hostilities of children, the denial of fair trial rights, violations of fundamental
freedoms, and economic, social and cultural rights.
419. The Group of Experts has reasonable grounds to believe that the de facto
authorities are responsible for human rights violations in the areas over which they
exercise effective control, including arbitrary deprivation of life, enforced
disappearances, arbitrary detention, gender-based violence, including sexual violence,
torture, and other forms of cruel, inhuman or degrading treatment, the recruitment
and use in hostilities of children, the denial of fair trial rights, and violations of
fundamental freedoms, and economic, social and cultural rights.
420. The Group of Experts has reasonable grounds to believe that the parties to the
armed conflict in Yemen have committed a substantial number of violations of
international humanitarian law. Subject to a determination by an independent and
competent court, the Groups finds that:
(a)
Individuals in the coalition, in particular Saudi Arabia, may have
conducted airstrikes in violation of the principles of distinction, proportionality and
precaution, acts that may amount to war crimes;
(b)
Individuals in the Government of Yemen and the coalition (in particular
Saudi Arabia and the United Arab Emirates) and the Southern Transitional Council
have committed, as applicable to each party, acts that may amount to war crimes,
including murder of civilians, torture, cruel or inhuman treatment, rape and other
forms of sexual violence, outrages upon personal dignity, denial of fair trial, and
enlisting children under the age of 15 or using them to participate actively in hostilities;
(c)
Individuals in the coalition have conducted indiscriminate attacks using
indirect-fire weapons, acts that may amount to war crimes;
(d)
Individuals in the de facto authorities have conducted indiscriminate
attacks using indirect-fire weapons and used anti-personnel landmines, acts that may
amount to war crimes;
(e)
Individuals in the de facto authorities have committed acts that may
amount to war crimes, including murder of civilians, torture, cruel or inhuman
treatment, rape and other forms of sexual violence, outrages upon personal dignity,
denial of fair trial, impeding humanitarian relief supplies, and enlisting children under
the age of 15 or using them to participate actively in hostilities.
421. Where possible, the Group of Experts has identified individuals who may be
responsible for such international crimes, and has confidentially transmitted those
names to the High Commissioner for Human Rights. More information is needed on
some incidents documented by the Group to establish responsibilities.
641
See Preamble of ICCPR, IESCR, CRC, CAT, CERD and CPRD.
107
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