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The Saudi/UAE-led Coalition Must Assume Responsibility Towards the Thousands of Victims Affected by Its Deadly Attacks on Yemeni Civilians
Sana’a - The Hague
Tuesday 28 November 2023
Mwatana for Human Rights and PAX for Peace stated in their joint release of the 'False Exonerations' report, which scrutinizes the findings and conclusions of the Joint Incidents Assessment Team, that the Saudi/UAE-led coalition must bear legal, criminal, and ethical responsibilities towards the thousands of victims affected by their deadly attacks on Yemeni civilians. The coalition's operations have been marked by a systematic targeting of civilians, residential areas, infrastructure, and economically vital targets crucial for the survival of civilian populations.
Radhya Al-Mutawakel, the Chairperson of Mwatana for Human Rights, stated, "The coalition deliberately formed a weak team to assess incidents in order to justify its severe violations against the victims of coalition airstrikes in Yemen, granting themselves false certificates of exoneration and thereby absolving themselves of legal and ethical responsibilities toward compensating these victims and holding the perpetrators accountable.” Al-Mutawakel added, “The coalition leadership must show responsibility, courage, and initiative in addressing these issues. This is the only way to close these files. It's a rare opportunity for the coalition leadership to prioritize addressing the victims' file in efforts to end the war and achieve a fair and comprehensive political settlement in Yemen.”
About the Joint Incident Assessment Team (JIAT)
On February 1, 2016, the Joint Incidents Assessment Team (JIAT) was established. JIAT was tasked with investigating 'claims and incidents' resulting from the operations of the Saudi/UAE-led coalition in Yemen, issuing public reports on the findings, and providing recommendations related to legal procedures, disciplinary actions, and assistance. However, since its inception, independent experts from the United Nations and non-governmental organizations have expressed concerns about JIAT's lack of transparency, independence, neutrality, and the necessary inclusivity required for a reliable investigation into violations and crimes under international humanitarian law.
About the Report and Results of "False Exonerations "
Throughout JIAT years of operation, Mwatana for Human Rights, as an independent organization working in the field, scrutinized the available data of the Joint Incidents Assessment Team (JIAT), delving into its contents and conclusions, and cross-referenced them with the factual and in-depth field investigation findings it conducted. This methodology revealed substantial imbalances in the conclusions and deductions of the JIAT, which were severely deficient and flawed. These critical shortcomings have indiscriminately granted the Saudi/UAE-led coalition unwarranted exoneration from all its attacks on civilians or downplayed the scale, impact, and damages caused by these attacks on civilians and Yemen's infrastructure due to the coalition's airstrikes throughout the current years-long conflict, all without substantial grounds to support such claims.
The 'False Exonerations' report provides an accurate portrayal of the devastating impact of 79 airstrikes conducted by the Saudi/UAE-led coalition, out of a total of 1026 aerial attacks documented by Mwatana since the coalition's intervention in Yemen. This is achieved by comparing the conclusions of the published Joint Incident Assessment Team (JIAT) with Mwatana's on-ground documentation. The report derives its findings from field investigations and documentation conducted by Mwatana regarding the attacks attributed to the coalition.
The investigations by Mwatana revealed that the coalition failed to adhere to the principles of distinction, precaution, and proportionality. Across all the airstrikes documented by Mwatana, it appears that the coalition's airstrikes over the years of ongoing conflict in Yemen blatantly violated the principles of international humanitarian law and legitimate targeting procedures. These airstrikes constituted a high percentage of excessive use, disproportionate to the tangible and direct military advantage expected from the targeted objectives. Often, this resulted from the coalition's failure to verify the nature of the targets—whether they were military or civilian—prior to executing the attacks. This pattern of non-compliance is particularly significant in considering the likelihood of severe violations of international humanitarian law.
Between March 26, 2015, and March 2022, Mwatana for Human Rights meticulously documented no fewer than 1,026 unlawful airstrikes conducted by the Saudi/UAE-led coalition in Yemen, flagrantly violating international humanitarian law. These airstrikes resulted in the tragic loss of 3,599 civilian lives, among whom were 493 women and 1,201 children. Additionally, they caused injuries to 3,622 civilians, including 459 women and 711 children, spanning across most Yemeni governorates. These assaults involved indiscriminate bombings that led to civilian casualties and the deliberate targeting of civilians, along with civilian infrastructure like hospitals, schools, and economic facilities. The aftermath included substantial damage to civilian properties.
Since its establishment, The Joint Incidents Assessment Team (JIAT) deliberately offered scant information about its investigative process and the criteria it uses to determine the necessity of an inquiry into an incident. It's uncertain whether JIAT conducts on-site visits to airstrike locations, interviews witnesses, or solely relies on aerial footage, leaving the procedures and circumstances ambiguous. Furthermore, there's a lack of clarity regarding the roles of specific coalition members or non-coalition parties in specific attacks. JIAT's investigations primarily center on allegations linked to coalition airstrikes, overlooking a spectrum of other violations committed by coalition forces.
The JIAT's data and findings confirm a complete lack of access to attack sites across various regions in Yemen—a fundamental requirement for any credible and substantiated investigative process. Consequently, JIAT falls significantly short of meeting minimal international standards for a credible and authenticated investigative operation, including adherence to principles of transparency, independence, neutrality, and effectiveness.
The Findings
The careful examination of the Joint Incidents Assessment Team's (JIAT) conclusions and findings strongly suggests that its primary function has been to issue unfounded exoneration certificates, shielding coalition members from legal, criminal, and ethical accountability concerning attacks on civilians in Yemen. As evidenced by JIAT's statements, the coalition leadership has turned a blind eye to the extensive harm inflicted on civilians, civilian structures, and vital infrastructure resulting from coalition attacks. In numerous cases, lacking substantial grounds, JIAT has asserted that coalition attacks did not breach international humanitarian law, siding with the coalition's assertions of legitimate military targets. This erroneous stance offers a misguided absolution to coalition forces, disregarding their failure to adhere to the stipulations set forth in international humanitarian law.
Frank Slijper from PAX states, “The conclusions of the 'False Exonerations' report necessitate that the leadership of the coalition take responsibility for the unjustifiable attacks on civilians and civilian objects during its operations in Yemen. This responsibility involves initiating restitution for the victims, compensating for their losses, including deaths, injuries, and property damages, establishing a mechanism for providing compensation to civilians affected by military operations, and holding those responsible accountable, including those issuing orders and those involved in war crimes.”
> The role of the United States of America and the United Kingdom in the conflict in Yemen
The United States of America and the United Kingdom have significantly supported the military coalition in Yemen by providing logistical and operational assistance and selling weaponry utilized in harming and injuring civilian victims, as well as damaging critical infrastructure. This direct support to military operations in Yemen has drawn both nations into the conflict as active participants in combat activities and military engagements. Such involvement could result in both countries sharing responsibility for the legal and ethical violations committed by the coalition forces. Consequently, they are obligated to abide by the regulations of international humanitarian law, including the revocation of authorizations for selling arms used by the coalition to inflict harm upon civilians in Yemen.
The Recommendations
Mwatana and PAX urged the international community to bridge the accountability gaps and the culture of impunity in Yemen by supporting the establishment of an independent international criminal mechanism. This mechanism would be empowered to gather, preserve, and analyze evidence, prepare case files for fair and independent criminal proceedings, and endorse efforts by independent civil society organizations to document human rights violations, thereby reinforcing accountability and justice in Yemen.
To communicate :
Radhya Al-Mutawakel: ralmutawakel@mwatana.org
Mohammad Al-Selwi: malselwi@mwatana.org
Frank Slijper: Slijper@paxforpeace.nl
Ross Boer: Boer@paxforpeace.nl
Rania Awn: Rawn@mwatana.org
