Sunday, 18 November, 2018

UN report on human rights situation in Yemen since 2014 (Part 3)

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Situation of human rights in Yemen, including violations and abuses since September 2014

Report of the United Nations High Commissioner for Human Rights containing the findings of the Group of Eminent International and Regional Experts and a summary of technical assistance provided by the Office of the High Commissioner to the National Commission of Inquiry

Summary

The present report is being submitted to the Human Rights Council in accordance with Council resolution 36/31. Part I of the report contains the findings, conclusions and recommendations of the Group of Eminent International and Regional Experts on Yemen. Part II provides an account of the technical assistance provided by the Office of the United Nations High Commissioner for Human Rights to the National Commission of Inquiry into abuses and violations of human rights in Yemen.

C. Legal framework

13. Yemen is a State party to 9 of the 13 core international human rights treaties, which remain applicable in periods of armed conflict. The Government retains positive obligations in areas where it has lost effective control.

14. The de facto authorities control large swathes of territory, including Sana’a, and exercise a government-like function in that territory such that they are responsible under international human rights law.

15. Yemen is in a state of non-international armed conflict. In this context, international humanitarian law obligations arise under both treaty and customary law. All parties to the conflict, their armed forces and persons or groups acting on their instructions or under their direction or control are bound by customary international law. Yemen, the coalition forces and non-State actors are parties to the conflict and must abide by the fundamental principles of distinction, proportionality and precaution when conducting hostilities. Moreover, they must ensure that constant care is taken to spare the civilian population, civilians and civilian objects.

16. Yemen is not a party to the Rome Statute of the International Criminal Court, nor are many of the other States involved in the conflict in Yemen. However, many of the Rome Statute’s provisions reflect customary international law.

Follow this report in the next part…

Part 1

Part 2

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