A/HRC/42/CRP.1
their sustenance value to the civilian population.825 International humanitarian law further
provides that the parties to the conflict must allow and facilitate rapid and unimpeded
passage of humanitarian relief for civilians in need, provided that such relief is of impartial
nature and conducted without adverse distinction. Also, relief operations remain subject to
the parties’ right of control.826 Consent may not be withheld for arbitrary reasons, and
restrictions on humanitarian activities may only be justified in case of imperative military
necessity and on a temporary basis.827
512. Essential infrastructure, such as water and health facilities are subject to the
protection given to civilian objects and, for the latter, the special protection given to
medical facilities, unless they have lost that protection. It is also prohibited to attack objects
indispensable to the survival of the civilian population but it was not clear to the Group of
Experts whether these facilities were targeted as such. However, as follows from the
principle of precautions in attack, the obligation to take constant care to spare the civilian
population can be considered as all the more relevant in such a fragile humanitarian
context.
513. Parts of al-Durayhimi district under the control of the de-facto authorities, including
its district centre, are facing severe humanitarian access restrictions. These restrictions are
caused mainly by the Yemeni armed forces and affiliated UAE-backed groups’ control of
access points, and by the presence of landmines around the area. The exact number of
individuals still living in the areas of al-Durayhimi district under Houthi control is
unknown, also due to the lack of access for humanitarian actors to carry out an independent
needs assessment. In practice, it is recognized that the denial of access to undertake the
necessary assessments to establish humanitarian needs may already be a violation of the
obligation to allow and facilitate humanitarian access, especially in the context of a
humanitarian crisis such as Yemen. Hence, the Group of Experts has reasonable grounds to
believe that the Government of Yemen is violating its obligations to allow and facilitate
access to humanitarian relief to people in need in parts of al-Durayhimi district.
514. The Government of Yemen and the de facto authorities have also violated their
obligation to allow and facilitate humanitarian access as regards the denial of access to the
Red Sea Mills. Within such a context of acute food insecurity and nutrition needs, the
refusal to provide humanitarian actors with access to the most important wheat storage
facilitiy in Yemen could only be justified by imperative military necessity. The Group of
Experts did not find any such justification for the Houthis’ refusal to provide WFP access
to the Mills between January and May 2019. The Group welcomes the Houthis’ recent
approval of WFP access to the Mills, while noting it remains unclear to date how much of
the wheat contained therein remains usable.
515. In such a context of acute insecurity, all violations of provisions related to the access
of the population to objects essential to the survival of the population must be examined
within the scope of the prohibition of starvation as a method of warfare. (For an analysis of
these issues as part of broader patterns, see chapter on Humanitarian crisis and related
violations).
3.
Violations related to the conduct of hostilities
516. The Group of Experts received numerous allegations of violations of international
humanitarian law and international human rights law in relation to the fighting in alHudaydah. These included alleged violations from air strikes and shelling, as well as child
recruitment, attacks against fishermen, and the use of landmines. The Group of Experts
selected a sample of emblematic cases of the most serious and representative violations to
825
Art. 14 Additional Protocol II, read in conjunction with Art. 54(2) Additional Protocol I.
Art. 18(2) Additional Protocol II, see also ICRC Customary IHL Study, rule 55.
827 See ICRC Customary IHL Study, rule 55; See also Art. 71(3) Additional Protocol I; See “Oxford
Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict”,
Commissioned
by
OCHA,
October
2016
(https://www.unocha.org/sites/unocha/files/Oxford%20Guidance%20pdf.pdf).
826
126
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