A/HRC/42/CRP.1
854. The Group of Experts has reasonable grounds to believe that all parties to the
conflict have failed to respect cultural property as required by international humanitarian
law. While the Group of Experts was unable to determine whether the destruction of the
mosque by the coalition in the Craiter area involved a violation of the principles of
distinction, proportionality or precaution, it appears that the mosque in al-Hudaydah was
destroyed by the Giants Brigades in the absence of any military necessity, hence in
violation of international humanitarian law. This act may trigger individual criminal
responsibility for the war crime of intentionally directing an attack against a historical
building dedicated to religion. The Houthis, in using the museums in both Ta’izz and Aden
for military activities, have triggered their partial destruction by removing their protection
and turning them into military objectives, which amounts to a violation of the obligation to
respect cultural property and take special care to avoid damage to the latter. It remains
unclear whether the respective strikes on the museums by the Resistance forces and the
coalition were compliant with the conditions set forth by the Second Protocol to the 1954
Hague Convention regarding waiver on the basis of imperative military necessity. 1385
3.
Situations of concern
855. The Group of Experts is concerned with regard to the situation of the old town of
Zabid, capital of Yemen from the 13th to the 15th century, and the archipelago of Socotra,
both listed as UNESCO World Heritage sites.
856. The conflict has created conditions that have put at riskcultural property throughout
Yemen. In Zabid, for example, the Group of Experts received reports that a large collection
of more than 1,000 manuscripts was removed from the Zabid museum, and there are
concerns over their protection and maintenance. This is one of many examples of
information received by the Group of Experts of how the conflict has prompted confusion,
mismanagement and disputes over how to deal with Yemeni cultural property. 1386
857. The conflict has not spared the archipelago of Socotra, located at the crossroads
between the Horn of Africa and the Gulf of Aden. Considered as a site of outstanding
universal importance because of its biodiversity with rich and distinct flora and fauna,
Socotra was inscribed in the UNESCO World Heritage list in 2008. Since the end of 2015,
the island has reportedly been under varying levels of control by the UAE. According to
information received by the Group,1387 Socotra has since been subjected to substantive
environmental degradation, looting and spoiling, including from construction projects by
the UAE.
X.
1.
Accountability
Introduction
858. This section examines the mechanisms available to hold parties to the armed conflict
accountable for the international law violations described in this report, in particular with
respect to those which may lead to individual responsibility for international crimes.
(a) Responsibility of parties to an armed conflict
859. Parties to an armed conflict are required to take measures to prevent the commission
of violations of international humanitarian law and to suppress those violations that have
taken place:
(a)
Preventive action: Measures need to be taken by the parties to a conflict to
ensure that fighters in particular are aware of applicable law 1388;
1385
Art. 6, Second Protocol to the 1954 Hague Convention.
Confidential
Sources
on
File;
see
also
ICRC
Statement
at:
https://www.icrc.org/en/document/yemen-citys-architectural-connection-islam-risk-fighting-nears
1387 Confidential Sources on File.
1388 See generally ICRC Study on customary IHL, rule 142.
1386
205
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