A/HRC/45/CRP.7
an obligation to take all feasible precautionary measures in relation to attacks they launch
(“precautions in attack”).92 This includes taking precautions in the choice of means and
methods of warfare; verifying that targets are military objectives; undertaking appropriate
proportionality analyses; selecting the target which may be expected to cause the least danger
to civilian lives and objects where there is a choice of military objectives with similar military
advantage; suspending an attack if it becomes apparent that the target is not a military
objective or that it would be a disproportionate attack; and giving effective advance warning
of attacks which may affect the civilian population (unless the circumstances do not permit
such warning). A party must also take all feasible measures to protect civilians from the effect
of attacks within areas under their control (“precautions against the effect of attacks”).93 This
includes an obligation to avoid locating military objectives within or near densely populated
areas to the extent feasible, as well as taking all feasible measures to remove civilian persons
and objects under the control of a party to the conflict from the vicinity of military
objectives.94
1. Coalition Airstrikes
66.
In the first two years of its mandate, the Group of Experts analysed a number of
coalition airstrikes given the apparently disproportionate impact of such airstrikes on
civilians. It raised concerns with coalition processes and procedures for target selection and
execution of airstrikes, and noted a consistent and significant pattern of harm from such
airstrikes. During this reporting period, the Group verified a further four airstrikes or series
of airstrikes involving similar failures to take all necessary measures to protect civilians and
civilian objects. While the Group was only able to investigate a fraction of the alleged
incidents reported to it, these incidents highlight the horrific impact of the hostilities on the
daily life of civilians.
Factual findings
67.
The Group of Experts investigated four coaliton airstrikes or series of airstrikes during
the reporting period. The Group is particularly concerned that the patterns it identified during
its two previous mandates have continued, in violation of the fundamental norms of the law
on targeting, in particular the principles of distinction, proportionality and precaution.
68.
The Group examined the three airstrikes launched on 11 August 2019 on a location in
the Al-Sawamil region, Mustaba district, Hajjah Governorate. Soon after 8 a.m., the first
strike hit a house, while the second strike, 10 minutes later, hit a location approximately 150m
away from the house. The third strike, some 4 to 5 minutes later, struck an open area far from
the village and did not cause damage to persons or property. While the Group of Experts was
unable to verify the exact number of casualties, the next day the Office of the Resident and
Humanitarian Coordinator for Yemen reported that 12 persons were killed, including six
children, and 16 persons were injured. Most casualties belonged to the same IDP family who
had fled their place of origin in Haradh district, Hajjah Governorate in 2015. No official
statement has been made by the coalition in relation to this attack, and the Group of Experts
is not aware of any military targets among either the persons or objects impacted, or in the
immediate vicinity.
69.
Another example is the series of airstrikes launched on 31 August 2019, at
approximately 11.45 p.m., by the coalition on a site called Dhamar Community College,
located approximately 10 km north of Dhamar City in Dhamar Governorate. One of the
buildings was being used as an unofficial detention facility by the Houthis, holding mostly
civilian male detainees. The existence of this detention facility was publicly known since at
least 2018, having been referred to by the United Nations Security Council-mandated Panel
of Experts.95 This unofficial detention facility was also well-known by human rights
92
See ICRC Study on Customary International Humanitarian Law, rule 15 for the general principle,
and rules 16-21 for subsidiary rules.
93 ICRC Study on Customary International Humanitarian Law, rule 22.
94 ICRC Study on Customary International Humanitarian Law, rules 22-24.
95 See S/2018/594, para. 176. Available at: https://undocs.org/en/S/2018/594
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