Mass atrocity crimes are being committed in Yemen as pro-government forces and a regional military coalition fight against Houthi rebels, who have taken control of much of the country.
BACKGROUND: Despite an 11 April ceasefire and intermittent peace talks between the government and Houthis that began in Kuwait on 21 April, the conflict in Yemen continues to leave civilians facing mass atrocity crimes. The UN Special Envoy to Yemen, Ismail Ould Cheikh Ahmed, has requested that all parties to the conflict engage in meaningful political negotiations, despite the fact that rocket and mortar attacks increased during June.
During 2014, amidst a UN-facilitated political transition process, the Houthis, an armed Shia movement from northeast Yemen, and military units loyal to former President Ali Abdullah Saleh, took control of the governorates of Saada, Hodeida, Dhamar, Amran and Sana'a. On 26 March 2015 Saudi Arabia and a coalition of nine other countries responded to a government request for regional military intervention. Growing violence forced President Abed Rabbo Mansour Hadi to seek temporary refuge in Riyadh. Despite military setbacks, Houthis and pro-Saleh forces still control much of Yemen, including Sana'a.
Violence between Houthi rebels and various pro-government forces, as well as sustained Saudi-led coalition airstrikes, have resulted in more than 3,600 civilians killed, including at least 900 children, since March 2015. According to OCHA, the majority of the violence has taken place in populated areas. More than 2.8 million Yemeni civilians have been forcibly displaced while an estimated 21.2 million people, over 82 percent of the population, require humanitarian assistance. The UN Secretary-General has reported on the particularly dire effect on children, noting widespread recruitment by armed groups, sexual violence, abductions and military attacks on schools.
Houthi and government-allied forces have both targeted civilian infrastructure and international humanitarian workers. The UN Assistant Secretary-General for Humanitarian Affairs, Kyung-wha Kang, reported that between March 2015 and April 2016 more than 170 schools and 70 health facilities were destroyed. The Houthis have also been accused of indiscriminately shelling civilian areas while Saudi airstrikes have reportedly included banned cluster munitions. The UN High Commissioner for Human Rights has said that respect for the distinction between civilian and military targets has been "woefully inadequate" by both sides.
The UN and the Gulf Cooperation Council (GCC) have made numerous attempts to broker peace between parties to the conflict. The current round of negotiations were suspended from 29 June through 15 July so that parties could discuss elements of a proposed "Roadmap" prior to formalizing their commitments.
Other armed groups have taken advantage of the conflict to perpetrate violence against civilians. Since March 2015 ISIL has claimed responsibility for a series of attacks on Shia mosques and detonated car bombs in Sana'a. Al-Qaeda in the Arabian Peninsula (AQAP) also gained influence during 2015, but has since retreated from several cities it previously controlled. On 27 June ISIL claimed responsibility for a series of bombings in Mukalla that killed more than 40 people.
ANALYSIS: All sides of the conflict have perpetrated indiscriminate attacks and targeted civilian infrastructure, amounting to possible war crimes and crimes against humanity. Failure to abide by the cessation and attempts by the Houthis to subvert the political transition are in violation of various UNSC resolutions. While UN officials have noted that peace talks have been "constructive," civilians continue to suffer the costs of humanitarian crisis and ongoing conflict.
Yemen has become another proxy battlefield between Saudi Arabia and Iran. While Saudi Arabia remains the main force backing the regional military coalition, Iran has allegedly provided substantial military assistance to the Houthis.
Fighting between Houthi rebels and pro-government forces threatens to further fracture Yemeni society along tribal and sectarian lines. Terrorist groups, such as AQAP and ISIL, are trying to exploit tensions between Shia and Sunni populations to increase their influence.
The Yemeni government is unable to uphold its Responsibility to Protect and requires international support.
INTERNATIONAL RESPONSE: In 2011 the UNSC adopted Resolution 2014, which condemned human rights violations by the government of former President Ali Abdullah Saleh and affirmed Yemen's primary responsibility to protect its population.
The UNSC imposed sanctions on former President Saleh and Houthi leaders in November 2014 and has extended the mandate of the Panel of Experts on Yemen until 27 March 2017. On 15 February 2015 the UNSC unanimously adopted Resolution 2201, condemning the Houthis armed takeover of the capital.
On 14 April 2015 the UNSC passed Resolution 2216, establishing an arms embargo against Houthi leaders and some supporters of former President Saleh, and demanding the Houthis withdraw from all areas they seized during the conflict. On 24 February 2016 the UNSC renewed the sanctions regime for an additional year.
The UN Special Advisers on the Prevention of Genocide and Responsibility to Protect issued a statement on 17 February calling upon the international community - and particularly on the UNSC - to help end the Yemen conflict. The Special Advisers also urged all parties to the Arms Trade Treaty to respect their commitments.
On 4 June the UN Secretary-General condemned the use of heavy weapons, including rockets, on Taiz markets and urged all parties to respect the ceasefire. On 10 June OHCHR also condemned attacks on Taiz. The Secretary-General attended the peace talks in Kuwait on 26 June, reminding parties of their moral and political responsibility to end the conflict.
NECESSARY ACTION: The distinction between military and civilian targets is central to IHL and must be adhered to. Parties to the conflict must halt the use of illegal and indiscriminate weapons, including banned cluster munitions. All parties must uphold their Responsibility to Protect vulnerable populations regardless of their tribal, religious or political affiliations.
All parties to the conflict must respect agreed ceasefires in order to ensure humanitarian access to vulnerable civilians in desperate need of food, water and medical supplies.
The UNSC, GCC and all parties to the conflict need to ensure that Resolution 2216 is fully implemented and that Yemen returns to the political transition process. The government and Houthis must not allow ceasefire violations to derail negotiations. The UN Human Rights Council should establish an international commission of inquiry to investigate serious violations in Yemen since March 2015.
Last Updated: 15 July 2016