A/HRC/42/CRP.1
193. According to the principle of distinction, parties to the conflict must at all times
distinguish between the civilian population and individuals who participate in hostilities.
Attacks may only be directed against the latter. Similarly, parties to the conflict must at all
times distinguish between civilian objects and military objectives, and attacks may only be
directed against military objectives. Civilian objects lose protection from attack if and for
such time as they are used for military purposes.242 In the case that the parties are targeting
a military objective, they must respect the principle of proportionality in attack. According
to this principle, an attack may not be expected to affect civilians or civilian objects in a
way that would be excessive in relation to the anticipated military advantage.243 Finally, in
line with the principle of precautions in attack, constant care must be taken to spare the
civilian population and civilian objects in the conduct of military operations. 244
194. In the cases described above, the Group of Experts has reasonable grounds to
believe that coalition airstrikes hit civilian objects. Moreover, at the time of attack, these
objects appeared to be civilian objects benefitting from protection under international
humanitarian law, as a facility dedicated to education (Musa’ab Bin Omer School), a
cultural and religious site (Al-Husseini mosque), and objects indispensable for the survival
of the population (the cattle market). In these cases, the Group of Experts found that the
nature of the attack raises strong concerns with regard to the targeting processes of the
coalition. Even if the coalition had effectively identified military targets, which is in itself
in dispute, the location of the strike (i.e. a crowded market and a school sheltering displaced
persons) should have raised concerns with respect to the principles of proportionality and
precautions in attack, given that it could have been foreseeable that a number of civilians
would be killed in the attack.
195. Based on the evidence available, the Group of Experts has reasonable grounds to
believe that the coalition carried out airstrikes in Aden that may not have complied with the
principles of distinction, proportionality and precautions in attack. Violations of the
principles of distinction and proportionality amount to serious violations of international
humanitarian law and launching an indiscriminate attack resulting in death or injury to
civilians, or launching an attack in the expectation that it will cause excessive incidental
civilian loss, injury or damage may lead to individual criminal responsibility for war
crimes.245 This may imply criminal responsibility at all levels of command.
(g) Extrajudicial executions at Sri Hingraj Mataji Mandir temple by Resistance fighters
196. In April 2015, Houthi-Saleh fighters entered the district of Craiter, Aden. At the
same time, the remaining Yemeni armed forces and civilian police deserted the district,
handing over control to Resistance forces. Between 2 April 2015 and 10 May 2015, the
Houthi-Saleh and Resistance forces fought for control of the district with most fighting
concentrated on a frontline in the southeast. During this time, the northwest majority of the
district remained under Resistance control.246 Within this area of control is situated the
Craiter police station.247 The abandoned Sri Hingraj Mataji Mandir Hindu Temple lies one
kilometre north of the police station.
197. During this period, Resistance forces took responsibility for law and order, and
detained a number of people at the Craiter Police Station.248 This included four local
civilians, two former Houthi-Saleh fighters, and another local civilian with a mental health
disability.249
198. On the morning of 10 May 2015, Houthi-Saleh fighters defeated the Resistance
forces who retreated north, to Mualla, past the Craiter police station and Wadi Khusaf. The
242
Art. 13 Additional Protocol II; See ICRC Study on customary IHL, rules 1 to 10 in particular.
See ICRC Study on customary IHL, rule 14.
244 See ICRC Study on customary IHL, rule 15.
245 See ICRC Study on customary IHL, rule 156.
246 Confidential Sources on File.
247 Confidential Sources on File.
248 Confidential Sources on File.
249 Confidential Sources on File.
243
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