Resumption of U.S. Arms Sales to Saudi Arabia

A Growing Threat to Human Rights and Peace in Yemen

Wednesday, August 14, 2024
Resumption of U.S. Arms Sales to Saudi Arabia

In a statement released today, Mwatana for Human Rights expressed deep concern over reports that the Biden administration is poised to lift the ban on U.S. sales of offensive weapons to Saudi Arabia. This ban, initially imposed on February 4, 2021, was a critical measure to curb the flow of arms to a country accused of committing international crimes, including war crimes and crimes against humanity in Yemen. The decision to lift this ban, after three years, represents an irresponsible move that could unleash an uncontrolled flow of weapons to Saudi Arabia.

For nearly a decade, the Saudi/UAE-led coalition has failed to take any serious steps to compensate civilian victims or to hold those responsible accountable for coalition attacks that have targeted civilians, civilian objects and infrastructure, and other protected sites in Yemen since the beginning of their military operations on March 26, 2015.

Mwatana emphasized that the cessation of military operations by the Saudi/UAE-led coalition in Yemen, since early April 2022, is not a sufficient reason to resume arms exports to Saudi Arabia and other coalition countries. Resuming arms sales should be contingent on these nations demonstrating responsible use of weapons for legitimate purposes, taking genuine steps to provide reparations to victims of their violations, holding perpetrators accountable, and providing guarantees that such violations will not be repeated. The mere suspension of military operations, as is currently the case in Yemen, does not justify resuming arms sales to a country that has previously used these weapons to commit widespread violations of international humanitarian law and human rights law. The consistent patterns of behavior by these countries in their use of weapons are reason enough to maintain the arms export ban.

Radhya Al-Mutawakel, Chairperson of Mwatana for Human Rights, stated, "Every day, the United States becomes increasingly complicit in the grave human rights violations committed in conflict zones worldwide, particularly in Yemen." She added, "At a time when the region is experiencing escalating tensions that threaten both regional and global stability, U.S. policies are fueling these conflicts and exacerbating the humanitarian crisis, clearly indicating a disregard for the region's security and stability."

Al-Mutawakel called on all influential institutions and voices within the United States to "work towards preventing the resumption of U.S. arms exports to Saudi Arabia. The reasons that led to the suspension of these exports remain valid, and the only change has been in the political mood of the Biden administration, which has retreated from its electoral promises on Yemen, peace, and human rights over the past four years."

Between March 26, 2015, and the cessation of coalition airstrikes in early April 2022, Mwatana for Human Rights documented at least 1,026 unlawful airstrikes carried out by the Saudi/UAE-led coalition on Yemen. These airstrikes resulted in the deaths of 3,599 civilians, including 493 women and 1,201 children, and the injury of 3,622 civilians, including 459 women and 711 children, across various regions of Yemen. These strikes also caused extensive damage to infrastructure and protected civilian sites, including schools, hospitals, bridges, homes, and historical and archaeological sites. A significant number of these attacks involved the use of U.S.-made weapons, such as those manufactured by Lockheed Martin, Raytheon, Boeing, and others.

As the Saudi/UAE-led coalition continues to support various local armed groups across Yemen, these groups persist in committing widespread human rights violations. This ongoing support indicates that the coalition remains deeply involved in the conflict and in human rights abuses through these local actors. Such backing raises concerns about the potential resumption of military operations in Yemen, the commission of new violations of human rights and international humanitarian law, and the further destabilization of the country.

Moreover, the decision to lift the ban on arms sales contradicts international regulations governing the trade of weapons, which prohibit the supply of arms to states involved in violations of the Geneva Conventions and international humanitarian law. The Biden administration's move to lift the ban on the export of offensive weapons to Saudi Arabia, following a series of similar actions, also conflicts with U.S. law. This law mandates that the government must monitor U.S.-made weapons transferred to other countries to ensure compliance with agreed-upon terms regarding their use and safeguarding. It prohibits the transfer of weapons to third-party states that fail to track whether U.S. arms are being used to harm civilians or violate international law. Additionally, this decision contradicts the U.S. Conventional Arms Transfer Policy, which stipulates the prohibition of arms transfers that could contribute to human rights abuses, violations of international humanitarian law, instability, tyranny, transnational repression (such as enabling impunity for security forces), or undermine democratic governance or the rule of law—a policy that the coalition forces in Yemen continue to violate to this day.

The Group of Eminent International and Regional Experts on Yemen has confirmed in its four reports (2018-2021) that the Saudi/UAE-led coalition has committed grave violations of international humanitarian law, including potential international crimes. The Group also emphasized that third countries continuing to export weapons to the states involved in the Yemen conflict—including coalition members—contribute to the perpetuation of the conflict, hinder peace efforts, and may amount to aiding and abetting unlawful acts.

In its statement, Mwatana for Human Rights urged the United States to adhere to the regulations governing arms trade and transfer in accordance with both U.S. and international law, and to reverse the anticipated decision to lift the ban, which would only reinforce the policy of impunity and encourage continued violations of international humanitarian and human rights law. Mwatana also called on the international community to take genuine steps toward holding accountable those involved in human rights violations, including states and military services and arms manufacturers. This accountability is crucial for ending atrocities worldwide and establishing a genuine and responsible commitment to upholding and protecting human rights principles.

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