Human rights violations during the Yemeni Civil War (2015-present)

There are two main groups involved in the ongoing Yemeni Civil War: forces loyal to the current Yemeni president, Abh Rabbuh Mansur Hadi, and Houthis and other forces supporting Ali Abdullah Saleh, the former Yemeni president. Al-Qaeda in the Arabian Peninsula and the Islamic State of Iraq and the Levant have also carried out attacks in Yemen.[1] All sides of the conflict have been accused of human rights violations.[2] Coalition forces led by Saudi Arabia and backed by the United States and other nations have also been accused of violating human rights and in some cases, breaking international law. The coalition forces intervened at Hadi's request, in an attempt to defeat the Houthis and restore Hadi's government.[3] Coalition attacks, especially airstrikes, have been accused of causing large scale civilian deaths, but Saudi Arabia disputes these claims.[4] The use of force by these groups has exacerbated the humanitarian crisis situation in Yemen, as critical infrastructure has been damaged or destroyed in attacks. In addition to the attacks, blockades of critical resources, such as fuel, to Yemen by Saudi Arabia has hindered the transport of food in Yemen, and ability of civilians to travel to locations where there are adequate medical facilities.[5][6]

Legal framework

Yemen is a party to the Geneva Conventions and an additional Protocol on the Protection of Victims of Non-International Armed Conflicts,[7] which is binding on all groups party to a conflict, and seeks to ensure that forces undertake precautions to avoid killing civilians. Under the Protocol on the Protection of Victims of Non-International Armed Conflicts, parties to a conflict must take care to "spare the civilian population, civilians and civilian objects".[8] Customary international humanitarian law also prohibits indiscriminate attacks in international and non-international conflicts.[9] Yemen is also party and therefore bound to some human rights treaties: the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social, and Cultural Rights, and the Convention on the Rights of the Child.

Human rights violations by regional groups

Regional groups have been accused of indiscriminate attacks, often resulting in the deaths of civilians, and at times, of limiting the ability of civilians to import goods and arbitrarily detaining protesters.[10][11][12] The rights to life and to security of person,[13] not to be arbitrarily deprived of ones property,[14] and not to be arbitrarily detained [15] are protected by the Universal Declaration of Human Rights and can be argued to have been breached by these regional groups.

Pro-Saleh and pro-Hadi forces

Both pro-Saleh and pro-Hadi forces have been accused of indiscriminate attacks against civilians, which have usually occurred when the forces are fighting each on the ground other for control of areas of Yemen. According to Amnesty International, members of the factions have often attacked each other from residential areas, which places civilians in danger of becoming caught up in the fighting. Some victims of these attacks have been children, who were caught up in conflict in Aden, as a result of the forces not ensuring that civilians would not be harmed, and using weapons such as unguided rocket, which can be inaccurate, especially in residential areas. These attacks have been said to violate international law,[16] as the forces have often not taken sufficient precautions to ensure the safety of civilians, particularly in residential areas.

In addition to the use of rockets, Houthis have been accused of laying landmines, which can gravely endanger civilians.[17] The use of these mines has alarmed human rights groups, the use of anti-personnel mines was banned in Yemen as a result of the Mine Ban Treaty. Members of local human rights groups have reported finding 1,170 unexploded mines in around a month.[18]

There are concerns around freedom of speech in Houthi controlled areas, after reports of arbitrary detention of protestors and activists emerged.[19] Journalists have also been kidnapped by Houthi and other forces, and the Committee to Project Journalists has called for an investigation into the treatment of journalists in Yemen.[20]

Other regional groups

The Islamic State of Iraq and the Levant has carried out indiscriminate attacks in Yemen. In March 2015, the bombing of two mosques in Sana'a which killed around 140 people, were claimed by the Islamic State.[21] This type of attack has continued further into the civil war: in southern Yemen there have been reports of car bombings and published videos of executions of Yemeni Shiite Muslims.[22] According to these reports, the strength of the Islamic State in Yemen has increased since the beginning of the conflict.

Al-Qaeda in the Arabian Peninsula has also been using the political situation in Yemen to their advantage: they have captured cities from government groups, and are thought to be using the conflict to gain more recruits.[23] However, United States officials have claimed that Islamic State now presents a higher risk than al-Qaeda.[24]

Human rights violations by international actors

Various groups have accused the United States-funded coalition forces, led by Saudi Arabia, of human rights violations and some have gone as far as accusing the coalition of war crimes.[25] The majority of these accusations stem from airstrikes undertaken by the coalition,[26] but others, including the UN Special Rapporteur on the Right to Food, have also criticised the coalition's approach to blockades. The UN Special Rapporteur on the Right to Food claimed "the deliberate starvation of civilians in both international and internal armed conflict may constitute a war crime, and could also constitute a crime against humanity in the event of deliberate denial of food and also the deprivation of food sources or supplies."[27]

Airstrikes

Accusations against Saudi Arabian forces

According to a UN report released in early 2016, it is believed that the Saudi Arabian led coalition could be deliberately targeting civilians.[28] Human Rights Watch has identified several airstrikes which have hit civilian targets: an attack on a camp for displaced people,and a dairy factory.[29][30] Médecins Sans Frontières claims it was attacked 4 times in three months by coalition forces.[31] In addition to these targets, the UN panel who worked on the report also claimed that the coalition also targeted "civilian gatherings, including weddings; civilian vehicles, including buses; civilian residential areas; medical facilities; schools; mosques; markets, factories and food storage warehouses; and other essential civilian infrastructure, such as the airport in Sana'a, the port in Hudaydah and domestic transit routes", and concluded this was in violation of international law.[32] The panel also concluded that airstrikes contributed to 60% of civilian deaths since the beginning of the conflict.[33]

Western involvement in airstrikes

While the coalition is led by Saudi Arabia's military, other states, including Western forces, have assisted the campaign. In 2015, Saudi Arabia acquired approximately $24.3 billion worth of weapons from the United States and the United Kingdom.[34] The United Kingdom has also claimed that it is helping to train Saudi Arabian forces in selecting bombing targets. The Saudi Arabian foreign minister has confirmed that British forces are assisting their Saudi Arabian counterparts in choosing targets, but are not involved in the actual attacks.[35]

The sale of weapons to Saudi Arabia has been labelled "illegal and immoral",[36] and some commentators have claimed that the United Kingdom is breaching its own domestic laws, as well as the Arms Trade Treaty.[37] These claims have been refuted, with the UK's Middle East minister claiming that Saudi Arabia was being criticised on the basis of "hearsay and photographs".[38] Despite these claims, Ban Ki-moon recently called on the United Kingdom to halt the supply of arms to Saudi Arabia, and suggested the the United Kingdom, as a party to the Arms Trade Treaty, should set an example.[39]

The United States has also been criticised for allegedly supplying cluster munition to Saudi Arabian forces. While cluster munitions are thought to be unacceptable, due to their indiscriminate function, the United States is not party to the Cluster Munition Coalition, which bans their use.[40]

Blockades

Blockades imposed by coalition forces, particularly Saudi Arabia, have been extremely detrimental to Yemen, as the country relies heavily on the import of essential items, such as fuel and medicine.[41] Joanne Liu, the head of Doctors Without Borders, has claimed that the blockades imposed on Yemen "killing as (many people as) the current conflict".[42] The blockades imposed could be argued to breach the right to food, especially in a country such as Yemen, which imports 90% of its food.[6]

Secondary impact of attacks on human rights

Before the civil war began, Yemen was one of the poorest countries in the Middle East, with 61% of the population requiring humanitarian assistance, and widespread violations of human rights reported. The conflict and actions by the coalition, particularly the blockades, have been argued to have crippled the Yemeni economy. At the beginning of 2016 it was reported that 6 of every 10 Yemenis is not food secure, and as access to food is mostly dependent on its ability to be transported, it can be difficult for many Yemenis to buy the food they need. The availability is an even more urgent need, with only 1 in 4 Yemenis having access to clean water. The number of Yemenis requiring assistance to meet their needs with regards to sanitation and clean water has increased by around 9.8 million people since the beginning of the civil war.[43] Some areas of Yemen, such as Saada, are almost completely without power: 95% of the electrical sources in the city have been bombed.[6]

According to the United Nations' Office for the Coordination of Humanitarian Assistance, one in ten Yemenis has been displaced by the conflict, and 21.2 million people (of Yemen's population of 26 million) are in need of some form of humanitarian assistance.[44] A major concern for the Office for the Coordination of Humanitarian Assistance is the rights of children, who are being extremely adversely affected by the current situation in Yemen. Despite Yemen's international commitment to uphold the rights of children, the OHCA claims over 800 children have been recruited as child soldiers since the beginning of the conflict.[45]

The conflict is also having an effect on the health of Yemeni children; the number of children who died from preventable diseases per year increased by around 10,000 since the beginning of the conflict. This is likely due to the closure of around 600 medical facilities in Yemen, and also affects Yemenis of all ages.[46] The hospitals and other medical facilities which have remained open often suffer from a lack of staff, equipment, medicine, and power cuts.[6] Education has also suffered as a result of the conflict, with 1,100 schools unfit to reopen as of April 2016, and 1.8 million children have out of school since the beginning of the conflict. Women have been disproportionately affected by the conflict: they make up 52% of displaced people, and gender based violence has increased since the beginning of the conflict.[43]

References

  1. ↑ Baron, Adam (1 April 2015). Understanding the Forces at Play in Yemen's Civil War. Interview with Steve Inskeep. NPR. Morning Edition. Retrieved 10 April 2016.
  2. ↑ World Report 2015: Yemen (Report). Human Rights Watch. Retrieved 17 April 2016.
  3. ↑ "Arab League to discuss Yemen intervention plea on Thursday". Reuters. 25 March 2015. Retrieved 12 April 2016.
  4. ↑ "Yemen War, Saudi Coalition 'causing the most civilian casualties'". BBC News. 18 March 2016. Retrieved 10 April 2016.
  5. ↑ "Yemen Crisis: How bad is the humanitarian situation?". BBC News. 15 December 2015. Retrieved 10 April 2016.
  6. 1 2 3 4 Sharif Abdel Kouddous (22 December 2015). "Yemen is now the world's worst humanitarian crisis". GlobalPost (Public Radio International). Retrieved 10 April 2016.
  7. ↑ Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), 8 June 1977
  8. ↑ Protocol II, Article 13(1).
  9. ↑ Customary IHL, International Association of the Red Cross, retrieved 22 April 2016
  10. ↑ Yemen 2015/2016 (Report). Amnesty International. Retrieved 12 April 2016.
  11. ↑ "Yemen: Houthis Block Vital Goods into Taizz" (Press release). Human Rights Watch. 31 January 2016. Retrieved 12 April 2016.
  12. ↑ "Yemen: Arbitrarily Held by the Houthis" (Press release). Human Rights Watch. 10 January 2016. Retrieved 12 April 2016.
  13. ↑ "Article 3", Universal Declaration of Human Rights
  14. ↑ "Article 17(2)", Universal Declaration of Human Rights
  15. ↑ "Article 9", Universal Declaration of Human Rights
  16. ↑ ""Nowhere is safe for civilians": Airstrikes and Ground Attacks in Yemen" (Press release). Amnesty International. 18 August 2015. Retrieved 10 April 2016.
  17. ↑ "Fearing landmines, displaced Yemenis wary of return". Al Jazeera. 21 August 2015. Retrieved 12 April 2016.
  18. ↑ Craig, Iona (19 August 2015). "Yemeni rebels "mining civilian areas"". IRIN. Retrieved 18 April 2016.
  19. ↑ Yemen: events of 2015 (Report). Human Rights Watch. 2015. Retrieved 12 April 2016.
  20. ↑ "CPJ urges full, independent investigation into killing of journalists in Yemen" (Press release). Committee to Protect Journalists. 2 February 2016. Retrieved 21 April 2016.
  21. ↑ Mendelsohn, Barak (21 March 2015). "Islamic State in Yemen: Why IS is seeking to expand". BBC News. Retrieved 22 April 2016.
  22. ↑ Almosawa, Shuaib; Fahim, Kareem; Schmitt, Eric (14 December 2015). "Islamic State Gains Strength in Yemen, Challenging Al Qaeda,". New York Times. Retrieved 22 April 2016.
  23. ↑ Associated Press (2 April 2015). "Al Qaeda frees 300 inmates from Yemeni jail". New York Post. Retrieved 21 April 2016.
  24. ↑ Perez, Evan; LoBianco, Tom (23 June 2015). "FBI head: Khorasan Group diminished; ISIS bigger threat than al Qaeda". CNN. Retrieved 22 April 2016.
  25. ↑ "365 Days of War in Yemen". Amnesty International. 24 March 2016. Retrieved 17 April 2016.
  26. ↑ "Joint statement: Fanning the flames of the Yemen Conflict" (Press release). Human Rights Watch. Retrieved 22 April 2016.
  27. ↑ Yemen Humanitarian Bulletin (2) (OCHA). 29 September 2015. Missing or empty |title= (help)
  28. ↑ "Yemen conflict: Saudi-led coalition targeting civilians, UN says". BBC. 27 January 2016. Retrieved 22 April 2016.
  29. ↑ "Saudi Coalition/US: Curb Civilian Harm in Yemen". Human Rights Watch. 13 April 2015.
  30. ↑ "Yemen: Factory Airstrike Killed 31 Civilians". Human Rights Watch. 15 April 2015.
  31. ↑ "Yemen: Health facilities under attack - MSF wants answers". Médecins Sans Frontières. 25 January 2016. Retrieved 22 April 2016.
  32. ↑ MacAskill, Ewan (27 January 2016). "UN report into Saudi-led strikes in Yemen raises questions over UK role". The Guardian. Retrieved 22 April 2016.
  33. ↑ "UN panel calls for international inquiry in Yemen". Agence France-Presse. 27 January 2016. Retrieved 22 April 2016.
  34. ↑ Whitson, Sarah Leah (30 March 2016). "The U.S. is quietly helping Saudi Arabia wage a devastating aerial campaign in Yemen". Los Angeles Times. Retrieved 22 April 2016.
  35. ↑ Spencer, Richard (15 January 2016). "UK military 'working alongside' Saudi bomb targeters in Yemen war". The Telegraph. Retrieved 22 April 2016.
  36. ↑ Abbott, Diane (25 March 2016). "British arms sales to Saudi Arabia are immoral and illegal". The Guardian. Retrieved 17 April 2016.
  37. ↑ Doward, Jamie; Dare, Tom (9 January 2016). "Saudi arms sales are in breach of international law, Britain is told". The Guardian. Retrieved 17 April 2016.
  38. ↑ "UK minister dismisses UN report on human rights violations in Yemen". Middle East Eye. 28 January 2016. Retrieved 17 April 2016.
  39. ↑ Wintour, Patrick (5 February 2016). "Ban Ki-moon adds to pressure on UK to stop arms sales to Saudis". The Guardian. Retrieved 17 April 2016.
  40. ↑ Emmons, Alex (16 April 2016). "U.S. Report on Saudi Arabia Downplays Civilian Casualties in Yemen". The Intercept. Retrieved 22 April 2016.
  41. ↑ Gatten, Emma (20 September 2015). "Saudi blockade starves Yemen of vital supplies, as bombing raids continue". The Independent. Retrieved 22 April 2016.
  42. ↑ Timberlake, Ian (31 July 2015). "Yemen blockade 'killing' civilians: humanitarian chief". Yahoo. Agence France-Presse. Retrieved 22 April 2016.
  43. 1 2 Cans, Charlotte (November 2015). Humanitarian Needs Overview 2016: Yemen (PDF) (Report). OCHA. Retrieved 22 April 2016.
  44. ↑ "One in ten is displaced by conflict in Yemen" (PDF). Humanitarian Bulletin Yemen (OCHA) (10). 4 April 2016. Retrieved 22 April 2016.
  45. ↑ "Children being killed, injured, and recruited to fight" (PDF). Humanitarian Bulletin Yemen (OCHA) (10). 4 April 2016. Retrieved 22 April 2016.
  46. ↑ Cumming-Bruce, Nick (29 March 2016). "Children Pay "highest price" as Yemen falls apart, says U.N.". New York Times. Retrieved 22 April 2016.
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