A/HRC/42/CRP.1
elements within the Giants Brigades” who destroyed the mosque, surmising that it may
have been due to the fact that it was a Sufi mosque and had a mausoleum, which is
considered by some extremist elements as supporting idolatry. All sources from the area
who spoke to the Group of Experts expressed their disappointment and horror at the
destruction of such an important local landmark.
Violations
569. The Group of Experts found reasonable grounds to believe that the al-Fazah mosque
was destroyed by elements of the Giants Brigades, which had control of the area in the
period when the mosque was destroyed. According to international humanitarian law,
parties to a conflict must respect cultural property. This rule also implies that property of
great importance to cultural heritage must not be the object of attack unless imperatively
required by military necessity.869 In the present case, instead of protecting the mosque, the
Giants Brigades destroyed it. In the absence of any apparent military necessity, this act
amounts to a violation of international humanitarian law. It also violates the 1954 Hague
Convention on Cultural Property, to which Yemen is a party, and which specifically
protects movable or immovable property of great importance to the cultural heritage of
every people, in the event of armed conflicts, including non-international conflicts.870
Intentionally directing attacks against buildings dedicated to religion, education, art,
science, or charitable purposes or historic monuments may lead to individual criminal
responsibility for war crimes.871
(g) Landmines
“Houthis planted mines everywhere and randomly and there is no indication
of its place and we appeal to the United Nations to stop this conflict and
remove these mines so that we can live safely and to prevent other families
from suffering as ours did from the loss of our son.”
Parent of a landmine victim, al-Hudaydah
869
See ICRC Study on customary IHL, rule 38.
See Art. 19 1954 Hague Convention and its Second Protocol (1999).
871 See Art. 8 2.(e)(iv) Rome Statute; see also ICRC Study on customary IHL, rule 38.
870
137
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