YEMEN CRISIS: ANALYSING THE LEGAL AND HUMANITARIAN ASPECTS OF YEMEN CONFLICT
- Ms. Tanvi Dabbi
B.A.LL.B, UPES, Uttarakhand
The devastating conflict in Yemen is now widely considered one of the worst humanitarian crises in modern
history, causing extreme physical, psychological, and economic harm to millions of people. The war in
Yemen, which has been
ongoing since 2014, includes many levels of
actors — local, regional, and
international — who are responsible for the far-reaching
consequences of the crisis. While the humanitarian consequences have been widely recognized, it is also essential to acknowledge
the legal consequences, forcing consideration
of significant questions surrounding international law, human rights, and the obligations of
both state and non-state actors during armed conflict.
This article considers both the legal and
humanitarian consequences of the Yemen crisis and discusses the legal implications surrounding various
aspects of international law, the role of the United Nations, and considerations surrounding multiple parties involved in the conflict. This paper summarizes the legal frameworks that should determine the conduct of parties to the war and the disastrous humanitarian effects the war has had on the civilian population of Yemen.
The origins of the Yemen Crisis:
The roots of the Yemen conflict stem from various political, economic and sectarian tensions. President
Ali Abdullah Saleh was forced to leave office after 33 years in power in 2011 as part of the Arab Spring protests. After the
protests, Abd-Rabbu Mansour Hadi took over the presidency, but
he was never able to maintain a stable political situation, and by 2014, factions opposed to Hadi's government, including the Houthi movement (also referred to as Ansar Allah), a group of Shiite rebels
in northern Yemen,
began to gain ground.
In September of 2014, the Houthis advanced on Yemen's capital, Sanaa, with
the backing of forces loyal to Saleh and seized control of the city, eventually transitioning from a rebel group
in the north to a control group
in the country. The Hadi
government was weak and unable to control the country or reestablish any semblance of authority. Early in 2015,
he fled to Saudi Arabia. Following Hadi's flight to Saudi
Arabia, Saudi Arabia, and eight other Arab countries assured to restore Hadi to power and formed a coalition to counter the effect of
the revolt, and subsequently in
March 2015, Saudi Arabia launched military intervention against
the Houthis. The conflict escalated to full scale war between the Saudi-led coalition, which consisted of the United Arab Emirates (UAE), and other Arab states against the Houthis and
the forces loyal to Saleh.
Humanitarian Impact:
The humanitarian toll of the conflict in Yemen is staggering. According to the United Nations, Yemen is experiencing one of the most severe humanitarian crises in the
world, with over 24 million people - 80 percent of the population - in need of humanitarian assistance.
Among these, approximately 14 million people are in extreme need of food, and millions have fled their homes, resulting in one of the largest
displacement crises in the world.
1. Famine and Malnutrition: The war has demolished Yemen's agriculture and crippled its infrastructure, resulting in famine. The blockade imposed by the Saudi led coalition on Yemen’s ports severely limited food imports and humanitarian aid, worsening the food security crisis. The United Nations warned of a risk of mass starvation after estimating that 233,000 people died from hunger, disease and
malnutrition since the war began.
2. Cholera Epidemic: The current war has consequently allowed the spread of diseases like cholera, producing one of the worse modern cholera outbreaks in 2016, with over a million cases in Yemen. With
little clean water, functioning sanitation, and scarce medical supplies, coupled with the collapse of medical facilities and resources, disease has been uncontrollable.
3.
Children: In war, children pay the highest price. Over 10,000 children reportedly lost
their lives as a consequence of the
war and violence with armed groups. Many children have also been recruited into armed
groups, while many more continue to live in fear of airstrikes or shelling. The conflict has disrupted education for millions of children because they are
no longer in school and are therefore not given
an opportunity at a better future.
4. Civilian casualties and displacements: Violence has killed or injured tens of thousands of civilians; the Saudi-led coalition's airstrikes and the
ongoing ground war are the major reasons
for civilian casualties. Destroyed civilian infrastructure includes schools, hospitals, roads as well as markets. More than 4 million are internally displaced persons of Yemen–living in tents, camps, and overcrowded communities and
cohabitating with the most
basic needs.
Legal Implications:
The situation in Yemen poses complicated legal questions, especially under international humanitarian law (IHL) and human rights law.
The various actors in the conflict - state and non-state actors
alike - have a
host of legal obligations under
customary international law and international treaties (particularly the Geneva Conventions) which determine how armed conflict is to be conducted
and civilians protected.
1. Violations of International Humanitarian Law (IHL): The Yemen conflict has resulted in many IHL
breaches, which attempts to protect civilians and persons who are not engaged in hostilities (such as the wounded, the sick, and prisoners) to limit the consequences of armed conflict. Some of the notable violations include:
a. Airstrikes and Attacks on Civilians: The Saudi-led coalition has been accused of
indiscriminate airstrikes, as
well as attacking civilian infrastructure, in ways
that have caused significant harm to
civilian populations. Such attacks with explosive weapons in populated areas and airstrikes on schools, hospitals, and markets are serious violations of IHL. In some cases there may be grounds
for war crimes, especially where the attacks were against clearly civilian targets and were deemed grossly disproportionate to a clearly recognizable
military objective.
b. Siege Warfare and Blockades: The Saudi-led coalition
has conducted a blockade on Yemen, which imposed limits on the
flow of goods, fuel, and humanitarian aid into Yemen. By
implementing this blockade, it does violate IHL
and has impeded the humanitarian catastrophe based on
limiting the flow of essential goods and supplies to civilians living in Yemen itself. Denying access to food, medicine, or basic necessities of life in
general constitute collective punishment against a civilian population which are generally prohibited acts under IHL.
c. Recruitment of Child Soldiers: Both the Houthi
rebels and the Saudi-backed forces have been accused of recruiting
child soldiers. Child recruitment into armed groups is a violation
of both international law and
Yemeni national law. Children recruited by the belligerent parties to the conflict
are exposed to equal, if not greater, risks of death, injury, and ongoing psychological harm.
2. Accountability for War Crimes: There have been demands for accountability for war crimes from both sides in the Yemen conflict. The United Nations has
conducted investigations
and fact-finding missions
into various incidents, including airstrikes leading to civilian deaths, and determined that there were violations of IHL. The lack of adequate accountability mechanisms for these violations, however, has allowed for the possibility of
perpetrators operating in
relative impunity.The United Nations Human Rights Council (UNHRC) has systematically sought to investigate and document violations through the
Group of Eminent Experts on Yemen (GEE), but the unwillingness of some parties to the conflict, in particular the Saudi-led coalition, to offer cooperation has
hampered these efforts. Political and diplomatic
considerations have frequently interfered with the quest for justice.
No international justice mechanism (for example, the International Criminal Court (ICC)) has been able to intervene directly in
Yemen because Yemen is not a signatory to the Rome statute, further complicating prosecution of those responsible for war crimes and violations of
international law.
3. Role of the United Nations and International Community:
The United Nations has sought to mediate peace talks between the fighting parties
in Yemen. In December 2018, the UN developed the Stockholm Agreement, which includes a ceasefire in Hodeidah and a withdrawal of forces from Hodeidah. The Agreement has not yet been effective in stopping the fighting or reaching a long-term peace agreement. The international community has been
divided on the Yemen crisis. On the one hand, the
UN, United States, and United Kingdom continue to provide arms to the
Saudi-led Coalition, notwithstanding risks of the second party to the
conflict may be committing
violations of IHL
through the use of these weapons.
On the other
hand, countries such as Iran have been accused of supporting the Houthi rebels.
4.
Human Rights Violations: In addition to violations of IHL, there have also been numerous violations
of human rights related to the conflict. Violations include extrajudicial killings, torture and other ill-treatment & arbitrary detention, all of which violate international human rights law. Various rights organizations including Human Rights Watch, and Amnesty International, have documented abuses from all warring parties including the Saudi-led coalition, the Houthis, and
Saleh-loyalist forces. Of particular
urgency is the widespread occurrence of sexual violence against women and girls as a
consequence of Yemen’s armed
conflict. Women and girls have suffered through rape and other forms of sexual violence with perpetrators acting with impunity.
The Path Forward: Diplomacy, Accountability, and
Humanitarian Relief:
There is much more
to do in order for the international community to address both the legal and humanitarian aspects of the Yemen crisis. Taking the following steps is critical to alleviating the suffering of the Yemeni people as well as holding accountable those responsible for their suffering.
1. Diplomatic
Efforts - There should be
renewed efforts for peace talks and
negotiations. The UN must also
convene with regional players such as Oman and Kuwait to put pressure on parties of the conflict to return to
the negotiating table
or face adverse consequences. A negotiated and durable peace agreement must be managed that is inclusive of the Yemeni people, to end the conflict and provide a basis for a real cure for
their complex crises.
2.
Humanitarian Relief - Humanitarian relief must also flow into Yemen without obstruction. Blockades must be opened to ensure civilians receive food, medicine, and
essential normal supplies not just emergency support. The international community must also be
committed to fulfilling the funding gap for humanitarian programs and the NGO's that provide those supplies.
3.
Accountability for War
Crimes: Efforts to hold perpetrators of war crimes accountable should be expanded and supported. This includes providing support for
investigations into violations of IHL (international humanitarian law) and human rights law. The United Nations should consider other avenues for accountability, including the establishment of an independent tribunal or support for accountability at the national level.
4.
Protection of Civilians: All parties to the conflict must comply with international humanitarian law, including the obligation to
protect civilians. The use of
indiscriminate airstrikes must end; civilian infrastructure must not be conveyed
as military objectives; child soldiers must not be recruited; women and girls must not be victims of
sexual violence; and any efforts to
mitigate violence must take precedence.
Conclusion:
The Yemen crisis showcases a disheartening failure of international law and international diplomacy to prevent and resolve armed conflict. The legal
and humanitarian issues arising
from the war are immense, with millions of Yemenis exposed to violence, displacement, and deprivation. The international community has made limited efforts to address the crisis in Yemen but more
is needed to provide humanitarian
assistance, instil accountability, and seek a permanent peace. Protecting civilian life and upholding international legal parameters ought
to remain paramount in the response by the international community to this catastrophic conflict.
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