Yemen: immediate measures needed to protect the civilian population against violations and hold perpetrators to account

Yemen: immediate measures needed to protect the civilian population against violations and hold perpetrators to account

In a briefing paper published today, the ICJ called on the parties to the conflict in Yemen to take immediate and effective measures to ensure the protection of the civilian population, including against human rights abuses and international humanitarian law violations.

Serious violations of international humanitarian law committed in Yemen include direct and indiscriminate attacks against civilians and the impediment of access to humanitarian relief of the civilian population.

Gross human rights violations and abuses include widespread instances of arbitrary arrest and detention, torture and ill-treatment, and enforced disappearances.

The ICJ has called for persons responsible for such violations to be held to account.

“All parties to the conflict in Yemen have acted in blatant disregard of the most basic rules of international humanitarian law and human rights law,” said Said Benarbia, ICJ MENA Director.

“The top priority is to end these violations and in particular to protect the civilian population,” he added.

In its briefing paper, the ICJ analyses international law violations committed in the conduct of hostilities and against persons deprived of their liberty.

The Saudi Arabia-led coalition and the Houthis are allegedly responsible for direct, indiscriminate or disproportionate attacks against civilians and civilian objects, including local markets, food storage sites, water installations and medical facilities.

The United Arab Emirates, the internationally recognized government of Yemen and the Houthis have allegedly engaged in arbitrary arrest and detention, torture and ill-treatment, and enforced disappearances.

The ICJ briefing paper also examines the potential legal implications of the blockade imposed by the Saudi Arabia-led coalition on Yemen and the sieges laid by the Houthis against several towns and localities, which impede the civilian population to access humanitarian relief.

The ICJ briefing paper further assesses the potential responsibility of third States for transferring arms to the parties to the conflict.

Under numerous instruments, including the Arms Trade Treaty, States are prohibited from selling arms to the parties to an armed conflict whenever a risk exists that the end-user could commit international law violations.

Arms transfers may even engage the exporting States’ international responsibility for aiding or assisting in the commission of such violations.

“Victims must have access to effective legal remedies and be provided with adequate reparation,” Benarbia said.

“The international community must state loud and clear that impunity is not an option. The Security Council should refer the situation in Yemen to the International Criminal Court and third States should consider, where feasible, the exercise of universal jurisdiction to prosecute relevant crimes under international law,” he added.

Contact

Vito Todeschini, Associate Legal Adviser, ICJ Middle East and North Africa Programme, t: +216-71-962-287; e: vito.todeschini(a)icj.org

Said Benarbia, Director of the ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org

Yemen-War briefing-News-web story-2018-ENG (full story with background information, English, PDF)

Yemen-War impact on populations-Advocacy-Analysis Brief-2018-ENG (Analysis Brief in English, PDF)

Yemen-War briefing-News-web story-2018-ARA (full story with background information, Arabic, PDF)

Yemen-War impact on populations-Advocacy-Analysis Brief-2018-ARA (Analysis Brief in Arabic, PDF)

Palestine: Trump Jerusalem Declaration dangerously ignores legal reality

Palestine: Trump Jerusalem Declaration dangerously ignores legal reality

US President Donald Trump’s declaration recognizing Jerusalem as Israel’s capital and indicating an intention to move its embassy there, dangerously ignores long-standing international law, the ICJ said today.

Numerous United Nations Security Council’s Resolutions have reiterated the inadmissibility of the acquisition of territory by war, and have urged the withdrawal of Israel armed forces from territories occupied in the 1967 conflict, including East Jerusalem.

Trump’s announcement turns a blind eye on this legal reality and the related 50 years of occupation.

It also implicitly condones Israeli policies and practices that aim at altering the character and status of the Palestinian territory, including through the annexation of East Jerusalem, particularly by failing explicitly to similarly endorse Palestinian claims to East Jerusalem.

“Trump’s declaration cannot form the basis for any alteration of the status of Jerusalem under international law. However, it has the potential of provoking and fuelling a new cycle of violence in the region,” said Said Benarbia, ICJ MENA Director.

Thousands of Palestinians have taken to the streets to protest against Trump’s declaration. Dozens were injured in clashed with Israeli forces.

“The Israeli authorities should guarantee the right to peaceful protest and refrain from any disproportionate use of force against protesters, including the unlawful use of lethal force,” Benarbia added.

Background

The 2016 UN SC Resolution 2334 specifically reiterate that the Security Council “will not recognize any changes to the 4 June 1967 lines, including with regard to Jerusalem, other than those agreed by the parties through negotiations,” and that “the establishment by Israel of settlements in the Palestinian territory occupied since 1967, including East Jerusalem, has no legal validity and constitutes a flagrant violation under international law and a major obstacle to the achievement of the two-State solute on and a just, lasting and comprehensive peace.”

This reaffirms a series of similar resolutions by the Security Council since 1967.

Palestine-Trump Decla-News-2017-ARA (Statement in Arabic, PDF)

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