A/HRC/42/CRP.1 tank, from which villagers could collect water. At the time of the incident, there was a queue to collect water when a mortar fell next to the tank. It destroyed the wall next to the tank and the shrapnel struck those who were collecting water. Two boys were killed in the strike. The first hospital to which one of the boys was transferred could not treat him due to a lack of capacity. One adult male, two girls and one boy were also injured, one of them seriously. The village was under the control of the Yemeni armed forces and affiliated groups, which had taken over a school, located about 150 meters away from the incident. Most witnesses stated that the Houthis were responsible for this attack, based on the direction it was coming from. 536. There was no active fighting taking place at the time of the attack. It is probable that the target was the Yemeni armed forces and affiliated groups’ military location at a school near the water distribution point. However, the area struck is residential, a factor that should have been considered by the Houthis when choosing the means and the timing of the attack. This attack also raises concerns over the decision of the pro-government forces to occupy a school, located near civilian houses and a water distribution point, as a base for its operations. 5 October 2018, Bani Jabir, al-Khawkhah842 537. On 5 October 2018, at around 11:30 hrs, a mortar shell landed in a camp for internally displaced persons in Bani Jabir, al-Khawkhah. The camp had been operational since June/July 2018. The area was under the control of the Government at the time of the incident. The camp, run by the King Salman Centre, hosted approximately 100 internally displaced persons. A building serving as a base for Yemeni armed forces and affiliated groups is located around 70 metres to the south of the camp. Around one kilometre to the east of the camp lays the Abi Musa al-Asha’ari military camp.843 One mortar shell landed on a farm near the internally displaced persons’ camp. The second shell landed inside the camp, killing one woman, and injuring another seven persons (one man, one girl, and five boys), and damaging the water tank. The shelling came from the northeast, where the Houthis were based. 538. Based on the evidence available, the Group of Experts found that the mortars fired in this incident were fired by the Houthis. There was no fighting at the time of the attack. It is probable that the target was the Yemeni armed forces and affiliated groups’ military locations. However, the Houthis should have taken into consideration the proximity of the military objective to the displaced persons camp when choosing their weapon. The incident also raises concerns over the co-location of a military base and a camp for displaced persons. Violations 539. The principle of distinction prohibits indiscriminate attacks, i.e. attacks that are of such nature as to strike military objectives and civilians or civilian objects without distinction.844 Attacks using a method or means of combat which cannot be directed at a specific military objective constitute indiscriminate attacks. 845 In order to give effect to the principle of distinction, parties to the conflict must also take precautions against the effect of attacks. Accordingly, they must, to the extent feasible, avoid locating military objectives within or near densely populated areas.846 540. The Group of Experts investigated the above-mentioned six cases in which the Houthis used indirect-fire weapons with wide area impact, firing shells that killed and injured civilian men, women and children. While in one incident the shelling took place during heavy and immediate fighting, all other incidents investigated took place when there was no active fighting. These attacks raised concerns over the timing of attacks, the choice 842 The location of the incident is 13.819109, 43.248543 Located at: 13°48'59.78"N, 43°15'15.26"E. 844 Article 13(2) Additional Protocol II; See ICRC Study on customary IHL, rules 11-12. 845 See ICRC Study on customary IHL, rule 12. 846 See Article 13(1) Additional Protocol II and ICRC Study on customary IHL, rule 23. 843 131