Yemen suffers from an additional pandemic: impunity

"No one's hands are clean in this conflict," says a new study by the expert group monitoring the situation in Yemen. After six years of armed conflict, all sides continue to violate international law, the dignity, lives and rights of Yemenis without accountability for those responsible for abuses that could constitute war crimes.  

"All parties to the conflict in Yemen continue to commit a wide range of violations of international human rights and humanitarian law, with systematic attacks on civilians not only during hostilities, but also in theatres far from the front lines," says the third report of the International and Regional Experts Group on Yemen, released on Wednesday. 

The document -mandated by the UN Human Rights Council- states that "no one's hands are clean in this conflict" and points out that both the government and the Houthis, the Southern Transition Council and the members of the Coalition led by Saudi Arabia and the United Arab Emirates have perpetrated atrocities against the civilian population, many of which could be considered war crimes. 

During the six years since the conflict in Yemen began, the parties have ignored international law, the right to life, dignity and fundamental guarantees of the people, without bringing the perpetrators to justice, experts say.

The document, entitled "Yemen: A Pandemic of Impunity in a Tortured Land", gives an account of the human rights situation in that country from July 2019 to June 2020, although the authors reviewed incidents that occurred since the beginning of the conflict in 2014. 

The verified human rights violations include arbitrary deprivation of life, enforced disappearances, arbitrary detention, gender-based violence, including sexual violence, torture and other forms of cruel, inhuman or degrading treatment, the recruitment and use in hostilities of children, the denial of fair trial rights, violations of fundamental freedoms, and economic, social and cultural rights. "Yemen remains a tortured land, with its people ravaged in ways that should shock the conscience of humanity,” said Kamel Jendoubi, the Chairperson of the Group of Experts.​​​​​​​

The Group of Experts has concluded that some of the airstrikes conducted by the Coalition appear to have been undertaken without proper regard to principles of distinction, proportionality and precaution to protect civilians and civilian objects.

It also concluded that indiscriminate attacks have been carried out by both the Coalition and the Houthis. The Group of Experts reiterated the urgency for the parties to reach a comprehensive ceasefire and achieve a sustainable and inclusive peace, urging the parties to immediately take steps to cease the ongoing violations and prevent new ones. 

The Group also stressed that all measures should be taken, by the parties as well as by the international community, to ensure accountability for perpetrators of the violations committed in Yemen, and the realization of victims’ rights to reparations.​​​​​​​

"The international community has a responsibility to put an end to this pandemic of impunity, and should not turn a blind eye to the gross violations that have been committed in Yemen. After years of documenting the terrible toll of this war, no one can say ‘we did not know what was happening in Yemen’. Accountability is key to ensure that justice is served to the people of Yemen and to humanity.” Jendoubi stressed. 

The Group of Experts expressed concern about the continued transfer of arms by third States to the parties of the conflict. Chairperson Kamel Jendoubi stated that “the continued supply of weapons to parties to the conflict is only perpetuating the conflict and prolonging the suffering of the Yemeni people.”

The report urged the Human Rights Council to ensure that the situation of human rights in Yemen remains on its agenda by renewing the mandate of the Group of Eminent International and Regional Experts and and ensure there is no impunity for the most serious crimes by, inter alia, referring the situation in Yemen to the International Criminal Court, and expanding the list of persons subject to Security Council sanctions.