A/HRC/42/CRP.1
approximately 50 children. The most conservative figures verified by the Group of Experts
confirm that the strike killed at least 11 children, as well as two adults. In a press briefing
on 1 September 2018,1432 the JIAT Legal Advisor, Lt. Gen. Mansour Ahmed al-Mansour,
stated that the airstrike was not needed to prevent an imminent attack and should have been
carried out earlier when the bus was in an open space, to avoid collateral damage. He
further stated that the fact that this was not the case was due to a delay in the equipment of
the war plane, followed by a later delay in the issuance of a cancellation order of the
operation. Also, he acknowledged that no due warning had been issued to the executing air
force authority as to the possibility of collateral damage. In a press release issued the same
day,1433 the JIAT indicated mistakes in compliance with the rules of engagement, stating
that legal proceedings should be undertaken to hold those responsible for the mistakes
accountable and noting that granting assistance to those affected should be considered.
897. While the JIAT effectively acknowledged that the coalition violated the principle of
precautions in attack as it targeted the bus while it was close to a local market, it is striking
that the JIAT did not question the legality of targeting a bus carrying approximately 50
children, even if there may have been military targets on board. In its analysis, the JIAT
omits any reference to the children and merely qualifies the bus as a “military target”, based
on the alleged fact that four Houthi commanders were present on the bus. This raises
concerns as to the coalition’s target identification process and its respect for the principle of
proportionality. It also further confirms the Group’s concerns that the JIAT fails to assess
the legality of a strike based on the principle of proportionality.
(c) Accountability by the de facto authorities
898. Due to a lack of information, the Group of Experts was not able to assess whether
alleged violations by the Houthis are effectively being examined and investigated by any
sort of accountability mechanism. In its response to the list of issues sent by the Group of
Experts in January 2019, the de facto authorities asserted that all “military operations” by
their “armed forces” are subject to evaluation after execution. It further wrote that the
“military judiciary” was responsible for accountability, in line with the (Yemeni) military
penal code and the law on military criminal procedures, as well as regulations foreseeing
administrative sanctions for serving military staff. Without disclosing information as to the
number of cases investigated (if any), the de facto authorities declared that no members of
their “armed forces” had been found to be responsible for violations of human rights law or
international humanitarian law. This assertion, in itself, raises strong concerns as to whether
there is any accountability mechanism in place to investigate and prosecute such alleged
cases, and suggests a blatant lack of accountability.
(d) Conclusion
899. After a thorough review of the findings of the accountability mechanisms publicly
available or provided by the parties to the Group of Experts, the Group has serious concerns
about the pervasive lack of accountability for violations of international law by all parties to
the conflict in Yemen, many of which may amount to war crimes. The National
Commission of Inquiry’s focus appears to be on whether specific incidents effectively
occurred and on their attribution, without providing details as to the legal analysis that
would allow one to conclude whether violations occurred. The Joint Incidents Assessment
Team has not publicly reached the conclusion that the coalition could be responsible for
any alleged international law violations (except the two implicit acknowledgements of
possible failure to respect the principle of precautions in attack), despite acknowledging the
occurrence – in a few cases – of human and technical errors. Finally, the Houthis have
denied the existence of any violations of international law amongst their ranks, although the
1432https://www.youtube.com/watch?v=p7MC71eD-UI&feature=youtu.be
and
https://www.washingtonpost.com/world/middle_east/in-rare-admission-saudi-led-coalition-saysairstrike-killed-yemeni-children-last-month/2018/09/01/1cbdc878-ae06-11e8-8a0c70b618c98d3c_story.html?noredirect=on&utm_term=.a2ca91ca8e83.
1433 www.spa.gov.sa/1804423.
215
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