A/HRC/45/CRP.7
happened in the context of recurring threat messages received by aid workers of this
organisation.
108. In the most recent case verified, a male photojournalist, 34 years old, was killed on 2
June 2020 by unidentified armed men close to his house in Dar Saad district, close to Aden.
He had worked for various international press agencies covering the war in southern
governorates. His work was praised internationally, in particular by other journalists, for the
French Press Agency documentary “The Battle of Aden”. It was reported that before
Ramadan 2020 he had received various death threats. On 3 June 2020, the STC made a public
statement condemning his death and announced that a thorough investigation would be
conducted.
Legal findings
109. The Group of Experts concludes that these killings amount to arbitrary deprivation of
life under international human rights law. Depending on the level of nexus with the conflict,
some of these killings may also amount to the violation of murder of civilians under
international humanitarian law and constitute war crimes.
C.
Violations related to the humanitarian situation
Applicable law
110. International humanitarian law strictly prohibits starvation of the civilian population
as a method of warfare. The prohibition is enshrined in treaty law and recognised under
customary international humanitarian law.131 There is no exception to this rule, even in the
case of imperative military necessity. As a corollary to the prohibition of starvation, it is
prohibited to attack, destroy, remove or render useless, for that purpose, objects indispensable
to the survival of the civilian population.132 Such objects include foodstuffs, agricultural areas
for the production of foodstuffs, crops, livestock, drinking water installations and supplies
and irrigation works.133 The prohibition on starvation as a method of warfare also has
implications for the use of sieges and blockades. Blockades, and sieges are not per se
prohibited by international humanitarian law, as long as their purpose is to achieve a military
objective and they are not imposed with the aim of starving the civilian population.134 As
noted in Section A (para. 64), international humanitarian law also prohibits attacks that are
indiscriminate or disproportionate in nature, as well as prohibiting collective punishment.135
111. International humanitarian law contains specific norms governing access to
humanitarian relief. Should the population, during a non-international armed conflict, suffer
undue hardship due to a lack of supplies essential for its survival, international humanitarian
law provides that relief actions are to be undertaken.136 Parties to the conflict must allow and
facilitate the rapid and unimpeded passage of humanitarian relief for civilians in need,
provided that such relief is of an impartial nature and conducted without adverse
distinction.137 While State consent for relief operations is required, consent must not be
withheld arbitrarily.138 Parties must not impede access on grounds and conditions not
131
Additional Protocol II, art.14; see also ICRC Study on Customary International Humanitarian
Law, rule 53.
132 Additional Protocol II, art. 14.
133 Ibid. Note that this listing is not an exclusive one and other candidates put forward in this category
include clothing, bedding, medical supplies, shelter and fuel: See the coverage of these aspects as part
of the supplies essential for survival in the context of humanitarian relief obligations: Art. 16,
Additional Protocol I (applicable in IAC), Additional Protocol II, art. 18(2).
134 See Additional Protocol II, art. 14; see also ICRC Study on Customary International Humanitarian
Law, rule 53.
135
Additional Protocol II, art. 4(2)(b). See also ICRC Study on Customary International
Humanitarian law, rule 103.
136 Additional Protocol II, art. 18(2).
137 ICRC Study on Customary International Humanitarian Law, rule 55.
138 Additional Protocol II, art. 18(2), ICRC Study on Customary International Humanitarian Law, rule
55.
34
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