A/HRC/42/CRP.1
(f)
Assault allegations
493. Members of the GPC reported that they had been physically assaulted, their homes
raided and then confiscated by the Houthis without any grounds. 796 During 2018 and 2019,
the Houthis publicly announced a list of wanted GPC affiliates, whose property had been or
would be confiscated.797
494. On 19 January 2018 Houthi fighters allegedly kidnapped, raped and killed a GPC
member. A purported investigation by the de facto authorities alleged that she was not a
GPC member. However, information obtained from a witness suggests otherwise. Fears of
reprisal, media interest and other factors have frustrated the Group’s investigation into this
case and further investigation is required.798
(g) Violations
495. Arbitrary deprivation of life is strictly forbidden under international human rights
law.799 Under international humanitarian law, when – within the context of an armed
conflict – a party to the conflict intentionally kills a civilian, it amounts to wilful killing or,
in a non-international conflict, to murder.800 Murder is a serious violation of international
humanitarian law, hence a war crime that may lead to individual criminal responsibility. 801
496. Enforced disappearance is prohibited by international human rights law and
international humanitarian law, notably as a violation of the prohibition of arbitrary
deprivation of liberty and possibly of the prohibition of torture. 802 International human
rights law and international humanitarian law also prohibit arbitrary detention.803
Considered as arbitrary are deprivations of liberty that are contrary to international law
provisions, mostly those relating to the right to a fair trial or other procedural guarantees, or
to unlawful restrictions to the exercise of fundamental freedoms. 804 Depriving a person of
the right to a fair trial may be considered a war crime in a non-international conflict.805
Torture and other cruel, inhuman or degrading treatment are also strictly prohibited under
both international human rights law and international humanitarian law, and may lead to
individual criminal responsibility for war crimes.806 Rape and other forms of sexual
violence are also prohibited by international human rights law and international
796
Confidential Sources on File.
Confidential Sources on File.
798 Confidential Sources on File. See also https://www.thenational.ae/world/mena/houthi-rebelsaccused-of-kidnapping-rape-and-murder-1.697102.
799 Art. 6(1) ICCPR.
800 Art. 3 common to the Geneva Conventions, Art. 4(2)(a) Additional Protocol II; See ICRC Study
on customary IHL, rule 89.
801 Art. 8 2.(c)(i) Rome Statute.
802 Art. 9 ICCPR and Art 1 International Convention for the Protection of All Persons from Enforced
Disappearance (CED); see ICRC Study on customary IHL, rule 98.
803 Art. 9 and 14 ICCPR; Art. 3 common to the Geneva Conventions and Art. 4 Additional Protocol
II; See ICRC Study on customary IHL, rule 99.
804
ICCPR, arts. 9 and 14; see also Human Rights Committee general comment No. 35 (2011) on
liberty and security of person; and the Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment (A/RES/43/173); The Working Group on Arbitrary Detention has
identified five legal categories relating to arbitrary detention: (a) when there is no legal basis for the
deprivation of liberty, (b) when the deprivation of liberty results from the exercise of fundamental
freedoms, (c) when the violations of norms relating to the right to a fair trial are of such gravity as to
give the deprivation of liberty an arbitrary character, (d) when migrants are subjected to prolonged
administrative custody without the possibility of administrative or judicial review or remedy, and (e)
when the deprivation of liberty reflects discrimination, notably based on birth, national, ethnic or
social origin, language, religion and political or other opinion (see Methods of work of the Working
Group on Arbitrary Detention, A/HRC/36/38).
805 See ICRC Study on customary IHL, rule 100.
806 Article 7 ICCPR, See Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; Art. 3 common to the Geneva Conventions, art. 4 Additional Protocol II,
See ICRC Study on customary IHL, rule 90.
797
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