Thousands of Victims Waiting for Justice and Redress

Eight years have passed since the Saudi/UAE-led Coalition began its military operations in Yemen

Sunday, March 26, 2023
Thousands of Victims Waiting for Justice and Redress
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Sana’a, March 26, 2023

Over the course of eight years since the Saudi/UAE-led Coalition began its military operations in Yemen, in March 2015, Mwatana has documented nearly 1,026 indiscriminate and disproportionate air attacks carried out by Coalition fighter jets. These attacks have caused serious damage to civilian objects, including hospitals and health centers, and have resulted in thousands of civilian casualties, including children and women. Some of these attacks may amount to crimes under international law, including war crimes.

The armed conflict erupted in late 2014 when Ansar Allah (Houthi) armed group backed by Iran took control of Yemen’s capital Sana’a, plunging the country into a dark tunnel. The various parties to the conflict have disregarded their obligations under international humanitarian law and international human rights law. For eight years, they have continued to commit serious violations, resulting in the killing and injuring of thousands of civilians and the destruction of vital civilian infrastructure.

The various parties to the conflict in Yemen have an appalling human rights record. They have committed widespread and systematic violations, including killing and injuring tens of thousands of civilians, destroying vital infrastructure such as hospitals and schools, and practicing arbitrary detention, enforced disappearance, and torture. They have also prevented access to humanitarian aid, recruited and used children in military operations, occupied schools and hospitals, assaulted health and humanitarian workers, suppressed journalists and media professionals, and restricted rights and public and personal freedoms, especially those of women.

The armed conflict has affected the lives and livelihoods of millions of Yemenis living in one of the world's poorest countries with low per capita income levels. Mothers, infants, and children suffer from malnutrition, food insecurity, and outbreaks of infectious diseases. Millions have been affected by the humanitarian crisis in Yemen, estimated by international organizations to be the worst humanitarian crisis in decades, and are suffering from increasingly severe psychological scars. The civilian population is also suffering from the lack of fuel, the blocking of the main roads, and the disruption of salary payments and the provision of basic services, including access to health care. The armed conflict has also caused the collapse of the remaining, already fragile state institutions.

Currently, despite deteriorating economic and humanitarian conditions resulting from the war, civilians continue to benefit from the truce sponsored by the United Nations (UN) that was in effect from April to October 2022. They eagerly anticipate the possible breakthroughs resulting from the recent efforts of the UN Special Envoy for Yemen, Hans Grundberg, to reach a comprehensive agreement to end the devastating conflict in Yemen. Such agreement could help ensure the payment of civil servants salaries, the release of those forcibly disappeared and arbitrarily detained, and the reopening of main roads between certain areas and cities in Taiz, Ma’rib, Al Hodeidah, Al Dhale’, and other governorates that would alleviate the suffering of civilians.

Although the truce provided a moment of relief to the civilian population, Mwatana documented numerous violations and unlawful attacks by the warring parties during the period when the truce was in effect, resulting in civilian casualties and damage to civilian objects. Most of the civilian casualties were caused by violations in densely populated civilian areas involving the use of, amongst others, landmines, explosive devices, remnants of war, live ammunations, and drones. Although the Saudi/UAE-led Coalition has paused its devastating air campaign in Yemen since the truce took effect in early April 2022, this pause does not mean the end of the war and airstrikes can resume at any time.

Radhya Al-Mutawakel, Chairperson of Mwatana for Human Rights, stated, "We are closely monitoring the UN peace efforts and commend all that has been accomplished thus far for the benefit of civilians. We urge the UN Special Envoy for Yemen and the international community to prioritize human rights issues in their noble efforts to end the war in Yemen.”

Since the termination of the UN Group of Eminent Experts on Yemen, at the UN Human Rights Council's 48th session on October 10, 2021, efforts to hold perpetrators accountable have faced mounting challenges. The decision of UN Human Rights Council members to terminate the Group of Eminent Experts’ mandate – under severe pressure from Saudi Arabia and despite the ongoing war – has exacerbated the risk of impunity for those responsible for violations of international humanitarian law and human right law, some of which may amount to crimes under international law. Mwatana urges the international community to urgently establish an independent international criminally-focused investigative mechanism to ensure accountability and redress for victims of such violations in Yemen.

In March of this year, delegations from the internationally recognized Yemeni government and the Houthis held, in Geneva, Switzerland, negotiations on the exchange of prisoners and detainees. These talks were held under the auspices of the Office of the UN Special Envoy for Yemen and the Chairperson of the Supervisory Committee for the Release of All Detainees and Forcibly Disappeared Persons in accordance with the Stockholm Agreement signed on December 13, 2018. Despite these efforts, thousands of persons remain detained in various locations due to the ongoing armed conflict in Yemen. On Monday, March 20, an agreement was signed between the two sides after ten days of negotiations. The agreement includes an executive plan for the release of 887 detainees, who are expected to be released within two weeks of the signing date. Mwatana commends the productive efforts of the UN Special Envoy for Yemen in securing the release of detainees and urges the negotiators in Switzerland to continue their efforts to unconditionally release all civilians detained in connection with the war.

Meanwhile, the UN has repeatedly warned the international community to intensify efforts for an emergency rescue operation for the oil tanker “Safer.” The tanker is currently carrying around 1.14 million barrels of light crude oil and is anchored near the port of Al Hodeidah in western Yemen.

To improve the human rights situation in Yemen, Mwatana continues to document violations on the ground committed by parties to the conflict, including the Ansar Allah (Houthi) armed group, forces of the internationally recognized government of Yemen, and Forces loyal to the coalition, whether to Saudi Arabia or the UAE (such as Southern Transitional Council forces, the Joint Forces, and Sudanese forces), and Saudi Border Guard Forces.

In this statement, an overview is given of some patterns of violations committed by the different parties to the conflict in Yemen over the past eight years.

Airstrikes

Between March 2015 and March 2022, Mwatana documented 1,026 air attacks that targeted civilians or civilian objects, resulting in the death of 3,599 civilians, including 493 women and 1,201 children, and the injury of 3,622 civilians, including 459 women and 711 children. These attacks struck residential neighborhoods, hospitals, villages, markets, bridges, schools, and service and commercial facilities, and other civilian objects.

Saudi Border Guards Violations

The Coalition’s military forces launched indiscriminate ground attacks on populated areas. Saudi border guards carried out a ground shelling on Yemeni cities, villages, and markets along the land border between Saudi Arabia and Yemen. The frequency of violations committed by Saudi border guards against African and Yemeni migrants increased in an unprecedented manner. while the dead were buried in the border area of Al-Khells. The number of dead and injured migrants reaches into the hundreds.

From March 2015 to March 2023, Mwatana documented 105 instances of Saudi border guards violating the rights of civilians, including African migrants. These incidents involved ground shelling and live fire in Saada and Hajjah governorates, which resulted in the deaths of 93 people, including 7 women and 45 children. At least 202 civilians, including migrants, as well as 18 women, and 80 children, were also injured in these attacks.

Mwatana documented a case of African and Yemeni migrants being tortured and killed within Saudi territory. In mid-2022, the organization issued a special statement regarding this incident.

Sudanese Forces Violations

Between March 2015 and March 2023, Mwatana documented 17 incidents involving Sudanese forces affiliated with the Saudi/UAE-led Coalition that operate within Yemeni territory. These incidents included ground attacks, running over civilians with military vehicles, sexual violence, enforced disappearances, arbitrary detentions, and physical abuse and ill-treatment.

In 2022, Mwatana issued a press statement drawing attention to instances of sexual violence carried out by Sudanese forces in the border town of Hiran, located in the governorate of Hajjah in northwestern Yemen.

Ground Shelling

Ground forces Backed by UAE, including those of the Southern Transitional Council and the Joint Forces stationed along the West Coast, carried out indiscriminate ground attacks that resulted in civilian casualties and the destruction of civilian objects.

Between March 2015 and March 2023, Mwatana documented 875 ground attacks that were indiscriminate and resulted in the deaths of 799 civilians, including 128 women and 335 children. In addition, at least 1,743 others were injured, including 307 women and 575 children. The Saudi/UAE-led Coalition and forces supported by them are responsible for 144 of these attacks, while Ansar Allah (Houthi) armed group is responsible for 534 attacks, and forces of the internationally recognized government of Yemen are responsible for 115 attacks. In 82 cases, Mwatana was unable to identify the party responsible for the attacks.

International humanitarian law prohibits indiscriminate attacks, which are defined as attacks that are not directed at a specific military objective, or that employ methods or means of warfare that cannot be directed at a specific military target. Such attacks do not distinguish between military objectives and civilian persons or objects; therefore, they constitute a serious violation of international humanitarian law.

Recruitment of Child Soldiers

Mwatana has documented numerous incidents of child recruitment by different parties to the conflict, who have used them in security, logistical, or combat roles as part of military operations. Between March 2015 and March 2023, Mwatana documented a total of 2,615 incidents involving the recruitment and use of 3,402 children, including girls. These incidents were documented through a combination of interviews and observations.

Ansar Allah (Houthi) armed group recruited at least 2,566 children, while the Saudi/UAE-led Coalition and forces loyal to them recruited and used 284 children. In addition, Mwatana documented the recruitment and use of 552 children by forces of Yemen’s internationally recognized government.

Under international law, there is a clear prohibition against the direct participation of children in hostilities, with the minimum age for such participation set at 18 years.

Landmines

Between March 2015 and March 2023, Mwatana documented 467 incidents of landmine explosions, resulting in the deaths of 376 civilians, including 40 women and 158 children. In addition, 541 civilians were injured, including 94 women and 222 children. Ansar Allah (Houthi) armed group is responsible for placing these landmines.

Since the outbreak of the conflict, landmines have continued to take a toll on the lives and limbs of Yemeni civilians. For those living in rural areas, the threat of landmines has become a daily source of panic and terror, particularly during periods of ceasefire when civilians return to their homes without knowing whether the area has been cleared of mines. The use of landmines is prohibited under international humanitarian law because they cannot distinguish between civilians and fighters, and can continue to kill and maim civilians long after the end of a conflict.

Arbitrary Detention

Mwatana has documented incidents of arbitrary detention, enforced disappearance, and torture in secret and official prisons run by various parties to the conflict since the beginning of the armed conflict in Yemen. Additionally, Mwatana has documented widespread violations related to detention throughout Yemen, including physical and verbal attacks.

From March 2015 to March 2023, Mwatana documented the cases of 2,524 civilian victims of arbitrary detention, including health workers, women, and children. Of these, 474 civilians were detained by the Saudi/UAE-led Coalition and allied forces, while 1,477 were detained by Ansar Allah (Houthi) armed group in the governorates under their control. The international recognized Yemeni government’s forces detained 573 civilians in areas they control.

Enforced Disappearance

Between March 2015 and March 2023, Mwatana documented cases involving 1,239 victims of enforced disappearance, including health workers, women, and children. The Saudi/UAE-led Coalition and allied forces forcibly disappeared 431 civilians. Ansar Allah (Houthi) armed group forcibly disappeared 591 civilians in the governorates under their control, while the internationally recognized Yemeni government’s forces forcibly disappeared 217 civilians in areas they control.

Torture

From March 2015 to March 2023, Mwatana documented cases involving 421 victims of torture in detention centers, including health workers, women, and children. The Saudi/UAE-led Coalition and allied forces tortured 172 of these civilians. Ansar Allah (Houthi) armed group tortured 146 civilians in the governorates they control, while the internationally recognized Yemeni government’s forces tortured 103 civilians in areas under their control.

International human rights law and international humanitarian law categorically and unequivocally prohibit acts of torture and other forms of cruel, inhuman, and degrading treatment or punishment, making it crystal clear that such acts can never be justified under any circumstances.

Abuses Against Women

Mwatana has documented dozens of incidents committed by Ansar Allah (Houthi) armed group against women, including discriminatory practices and attacks that prevent women from exercising their basic rights. For instance, the Houthi armed group denied women the right to travel through Sana’a International Airport without a guardian “mahram;” and women must provide written permission from their guardian for in-country travel between governorates. The group also restricted women’s right to work and closed cafes and recreational spaces under the pretext of preventing gender mixing. Additionally, the group enforced measures against shops to prevent women from wearing certain clothing and imposed certain clothing that they claim would supposedly suit the “faith identity.” In a number of universities, the group prohibited gender mixing in research seminars and graduation ceremonies. Furthermore, they propagated hate speech against women and reduced women’s eligibility to work in public affairs through various platforms in the areas under their control.

Mwatana urges Ansar Allah (Houthi) armed group as de facto authority in various Yemeni regions to take all necessary measures to eliminate discrimination against women and treat them equally to men, and to uphold the fundamental freedoms of civilians throughout Yemen, in order to end the perpetuation of stereotypical roles for women.

Denial of Humanitarian Access

Between March 2015 and March 2023, Mwatana documented 473 incidents in which warring parties impeded access to humanitarian aid and basic necessities essential for the survival of civilians. These incidents included the denial of access to aid and the looting of medical equipment and materials intended for health centers. Of these, 408 incidents are attributed to the Ansar Allah (Houthi) armed group, while the Saudi/UAE-led Coalition and allied forces are responsible for at least 28 incidents. The internationally recognized Yemeni government’s forces are responsible for 37 of the incidents.

The Coalition’s closure of air, land, and sea ports in Yemen significantly impacted access to humanitarian aid, and hindered the ability of civilians to obtain essential supplies such as food, medicine, and fuel required for their survival, particularly given Yemen's heavy dependence on imported goods. Additionally, the Coalition kept Sana'a International Airport closed to commercial flights from 2016 until April 2022. However, the airport has only been reopened in a limited way to commercial flights and to predetermined destinations.

According to international humanitarian law, it is imperative that all parties to an armed conflict take necessary measures to ensure the timely and unobstructed delivery of humanitarian aid to civilians in distress, and refrain from any unjustified interference with the distribution process.

Attacks on Healthcare

Between March 2015 and March 2023, Mwatana for Human Rights documented 179 attacks on hospitals, health centers, and medical staff. These attacks took various forms, including air attacks, ground attacks, live fire, armed incursions, and physical attacks against medical staff. As a result, hospitals and health centers suffered significant material damage, and the civilian population was denied access to essential healthcare services. Out of these incidents, the Saudi/UAE-led Coalition and allied forces are responsible for 69 incidents, while the Houthis are responsible for 64 incidents, and the internationally recognized Yemeni government’s forces are responsible for 46 of these incidents, according to Mwatana's documentation.

Attacks on Public and Personal Freedoms

The impact of attacks on public and personal freedoms is felt by a significant proportion of Yemeni society. Mwatana has documented numerous instances since March 2015 in which parties to the conflict have imposed restrictions on fundamental freedoms, hindered the work of civil society organizations, and limited the presence of women in public affairs, cafes, and public spaces such as cafes. Furthermore, security forces affiliated with the various parties to the conflict have resorted to lethal force to quell peaceful protests, gatherings, events, and strikes.

Mwatana has documented numerous instances of violations of the right to freedom of expression, including through arbitrary detention, enforced disappearance, physical attacks, torture, and unfair trials against journalists and activists. Notably, the Ansar Allah (Houthi) armed group has continued to unlawfully detain four journalists, who faced unfair trials in the Specialized Criminal Court in Sana'a in April 2020 and now face the death penalty. Additionally, journalist Waheed Al-Sufi has been forcibly disappeared since 2015.

Accountability and Redress

As part of efforts to achieve accountability and redress, Mwatana for Human Rights calls on the international community and the UN to urgently establish an independent international criminally-focused investigative mechanism for Yemen with a mandate to promote criminal accountability for serious violations of international human rights and humanitarian law potentially amounting to crimes under international law. This mechanism should collect and preserve evidence, and analyze this material to prepare case files in order to support ongoing or future accountability processes, as well as issue public reports on the human rights situation in Yemen.