A/HRC/42/CRP.1
Group of Experts received reports that Security Belt members tortured four witnesses to the
assassination.397
281. In response to Ra’fat’s assassination, popular protests took place in Mualla, in which
protesters died during clashes, resulting in the Ministry of the Interior forming an
investigation commission. The commission heard evidence from a number of witnesses, but
at the time of writing, no perpetrators had been arrested or charged.398
(c)
Violations
282. Arbitrary deprivation of life is strictly forbidden under international human rights
law.399 When an unlawful killing is carried out by representatives of the governmental
authorities, such as law enforcement officials, it amounts to an extrajudicial execution.
Under international humanitarian law, when – within the context of an armed conflict – a
party to the conflict intentionally kills a protected civilian, it amounts to wilful killing or, in
a non-international conflict, to murder.400 Murder is a serious violation of international
humanitarian law, hence a war crime that may lead to individual criminal responsibility.401
283. In the 10 cases investigated, the Group of Experts has reasonable grounds to believe
that the killings were undertaken deliberately and in furtherance of objectives of armed
groups who are parties to the conflict. Security Belt forces have law enforcement
responsibilities as part of the Government of Yemen.
284. The Group of Experts found reasonable grounds to believe that United Arab
Emirates and affiliated Security Belt forces are responsible for the 10 assassinations it
investigated, which amount to the human rights law violation of arbitrary deprivation of
life. In the cases where the Security Belt forces have been identified as the perpetrators, in
their capacity as law enforcement officials, these killings amount to extrajudicial
executions. As they are linked to the armed conflict and perpetrated by parties to the
conflict, these unlawful killings also amount to murder under international humanitarian
law. This may lead to individual criminal responsibility for the war crime of murder for
those responsible for the commission, ordering, aiding, abetting or otherwise assisting in or
contributing to the commission of the killings, as well as for any individual with command
responsibility. The Government of Yemen is also obliged to respect, protect and fulfil the
human rights of the population in its territory, and hence to take positive actions to protect
the right to life. The Group of Experts further notes that its findings in the 10 cases
investigated as a sample of 90 reported assassinations raise serious concerns with respect to
the responsibility for the other reported cases.
4.
Restrictions on Freedom of Expression
285. In addition to the detention and killings detailed above, the United Arab Emirates
and Security Belt forces have committed other violations targeted at dissenting opinions,
apparently in order to consolidate their authority in the South, at the expense of the
Government, al-Islah and other opposition. In its 2018 report, the Group of Experts found
that from 2017 to May 2018 there were a series of detentions, threats, assaults and
obstructions of journalists, human rights activists and newspapers who had been critical of
the United Arab Emirates, Southern Transitional Council or Security Belt, or were
perceived as being pro-al-Islah. This included targeting of women activists and
demonstrators. 402
286. From 2016 to early 2018, around the time of Qatar’s departure from the coalition in
2017, Security Belt forces threatened and conducted surveillance on staff from the Qatari
397
Confidential Sources on File.
Confidential Sources on File. Also see https://almasdaronline.com/articles/165069
399 Art. 6(1) ICCPR.
400 Art. 3 common to the Geneva Conventions, Art. 4(2)(a) Additional Protocol II; See ICRC Study
on customary IHL, rule 89.
401 Art. 8 2.(c)(i) Rome Statute.
402 Confidential Sources on File. See also summary in A/HRC/39/43.
398
66
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