ISHR joins NGOs in calling on States to work toward the establishment of an independent international criminally focused investigative mechanism on Yemen in the coming period, including at the upcoming 51st Session of the UN Human Rights Council (HRC).
As civil society organisations from Yemen and around the world, we urge United Nations (UN) member States to work toward the establishment of an independent international criminally focused investigative mechanism on Yemen in the coming period, including at the upcoming 51st Session of the UN Human Rights Council (HRC).
While a Yemen truce hangs in the balance, little to no progress has been made by parties to the conflict to address ongoing and widespread violations and abuses of international human rights and humanitarian law or remedy the harms they have inflicted on civilians throughout the conflict. The humanitarian situation in Yemen remains desperate, and, in recent weeks, armed clashes have once again increased. Civilians continue to fall victim to shelling, drone strikes and other attacks. These factors attest to the urgent and critical need to reinvigorate international accountability efforts on Yemen through the establishment of an independent international investigation.
As highlighted by the UN High Commissioner for Human Rights, “We know that lasting peace is interlinked with justice, development and respect for human rights.” Unfortunately, justice, truth and reparation for human rights abuses were overlooked by the international community after mass pro-democracy protests in Yemen toppled the government of the former President Ali Abdullah Saleh in 2011. Between 2011-2014, the Gulf Cooperation Council’s (GCC) political initiative for Yemen, as endorsed by the UN Security Council, prioritised implementing a quick transition of power at the expense of ensuring accountability, establishing the rule of law and addressing the government’s long record of human rights violations. The immunity afforded to former President Saleh and others only entrenched a culture of impunity that likely played a key role in the renewal of armed conflict and the commission of widespread human rights abuses and war crimes within the country. Almost ten years later the international community is in danger of repeating the same mistake.
For years Saudi Arabia, the United Arab Emirates (UAE), the Internationally Recognized Government of Yemen, the Ansar Allah (Houthi) armed group, and other warring parties have caused, and continue to cause, massive civilian harm and suffering in Yemen, carry out frequent and serious violations of international human rights and humanitarian law,[1] and have failed to conduct credible investigations, provide reparations, or ensure justice for victims. In the last month, attacks against civilians and other related violence have resulted in 232 civilian casualties including 57 children. The last week of July witnessed the highest increase of child casualties in one week since early 2020.
Before its untimely dissolution in 2021, the UN Group of Eminent Experts (GEE), established by the UN Human Rights Council (HRC) in 2017, recommended that UN member States refer the situation in Yemen to the International Criminal Court (ICC), support the establishment of a criminal-accountability-focused investigative mechanism, and stressed the need to realise victims’ right to reparation. In late 2021, HRC members narrowly rejected the resolution that would have renewed the GEE’s mandate after Saudi Arabia, backed by the UAE, lobbied HRC members to vote against its renewal.
The international community should not stand by and allow that vote to be the last word on accountability efforts for large scale human rights abuses and war crimes in Yemen. After its mandate ended in October 2021, members of the GEE called on the international community to take specific initiatives at the international level in pursuit of accountability. Dozens of UN Member States have recognised an “urgent need for independent and impartial monitoring and investigations” and urged the international community to “actively explore further alternative mechanisms…to ensure accountability” for crimes committed in Yemen. As the GEE stated, “Victims of this tragic armed conflict should not be silenced by the decision of a few States. Quite the opposite, they should be supported by all means to see the realisation of their rights to truth, justice and reparation.”
The international community must not repeat the mistakes of the past and side-line international accountability efforts now. Continued impunity will only increase the likelihood that more children will starve, more rights defenders and journalists will be imprisoned or executed, more homes and schools will be bombed, and the cycle of violence and suffering will continue.
In this context, an international independent criminal accountability mechanism for Yemen can play a critical role to deter violence, protect civilians and promote a genuine and lasting peace. In December 2021, nearly 90 civil society organisations called on member States of the UN to move quickly and establish such a mechanism in order to investigate and publicly report on the most serious violations and abuses of international law committed in Yemen. Such a body should collect and preserve evidence, prepare files for possible future criminal prosecutions, and identify victims and document harms for possible future reparation claims. Such a mandate is required to ensure not only that the serious crimes under international law committed in Yemen are exposed to the world, but also that potential avenues of criminal accountability and reparative justice are effectively explored and may be pursued now and, in the future, to address impunity and provide effective redress to victims. Any mechanism that fails to meet these standards would do great disservice to the millions of Yemenis who have suffered grave abuses or apparent war crimes and who still expect justice.
We call on your government to work to ensure the establishment of such a mechanism at the UN in the coming period, including at the upcoming UN Human Rights Council, and stand ready to assist with these efforts in any way we can.
Signatories:
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