A/HRC/42/CRP.1
water truck. (For details on the sample of such incidents investigated by the Group of
Experts, see the chapters on the battle of al-Hudaydah and Sana’a and other areas under de
facto authority control. See also A/HRC/39/43 and previous OHCHR reports for
examination of the patterns of such strikes).
756. The Group of Experts also examined 11 incidents affecting fishermen, leading to 43
fishermen killed, 49 injured and 19 missing. According to a submission by the Fishermen’s
Association,1212 since the Group of Experts’ first report was published, there have been
eight airstrikes against boats of fishermen off the coast of al-Hudaydah. These incidents
reportedly resulted in the killing of 17 fishermen and injuries to another 15. As described in
the Chapter on al-Hudaydah, the fishing community on the western coast of Yemen has
been severely impacted by the conflict and people’s livelihoods have been considerably
affected. This obviously compounded food-related needs in the region. For further details,
see Emblematic Situation on al-Hudaydah.
757. Landmines planted by the Houthis on agricultural and pasture land has further
limited farming and food production. The Group of Experts also documented cases of
mines exploding on farmland and of shelling by the Houthis that affected food production.
For further details, see - where relevant - sections on landmines, shelling and destruction of
protected objects in Emblematic Situation chapters of this report.
(a) Legal conclusions
758. The acts by parties to the conflict which impacted upon objects indispensable to the
survival of the population, exacerbating an already dire humanitarian situation, may amount
to violations of international humanitarian law, and may lead to criminal responsibility for
war crimes.
759. In all types of conflicts, including non-international armed conflicts, it is prohibited
to attack, destroy, remove or render useless objects indispensable to the survival of the
civilian population.1213 This prohibition is defined in Additional Protocol II as a corollary to
the prohibition of starvation. Indeed, such attacks may amount to the act of starvation if
they have the effect to starve the civilian population. It is generally recognized that Article
14 Additional Protocol II is interpreted like its corresponding provision in Additional
Protocol I (Article 54(2)), which is more detailed.1214 The latter also lists objects
indispensable to the survival of the civilian population as including food, agricultural areas
for the production of foodstuffs, crops, livestock, drinking water installations and supplies
and irrigation works. While the military use of such objects is not per se prohibited, it puts
them at higher risk of destruction and such military use is therefore questionable as regards
the respect for the principle of distinction and the obligation to protect civilians against the
dangers arising from military operations.1215 Article 54 (2) of Additional Protocol I
prohibits altering or removing objects indispensable to the survival of the population “for
the specific purpose of denying them for their sustenance value to the civilian population or
to the adverse party, whatever the motive”.1216
760. All parties to the conflict in Yemen used and conducted attacks impacting objects
indispensable to the survival of the civilian population. When committed against protected
objects, they amount to violations of international humanitarian law. These acts violate the
general protection afforded to civilian objects. In addition, in order to violate the
1212
Confidential Sources on File.
Article 14 Additional Protocol II; See also ICRC Study on customary IHL, rule 54.
1214 See ICRC 1987 commentary to both Art. 54 Additional Protocol I and Art. 14 Additional Protocol
II; See also ICRC Study on customary IHL, rule 54 (commentary).
1215 Art. 13(1) Additional Protocol II.
1216 As Article 14 Additional Protocol II does not expressly provide for exceptions, it is questionable
whether such objects lose their protection if they are used in direct support of military action, as set
forth in Article 54 (3) Additional Protocol I for international armed conflicts. However, even if this
was the case, the prohibition of starvation would prohibit the attack of such objects, if the attack “may
be expected to cause starvation among the civilian population” (see ICRC Customary International
Law Study, rule 54).
1213
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