Armed Conflict in Yemen: An Illustration of the Pertinence and Deficiencies of Existing IHL Rules

Document Type : Original Article

Author

Professor of International Law, Department of International Law and International Organization, Faculty of Law, University of Geneva

Abstract

The armed conflict in Yemen is one of the most devastating and catastrophic crises the international community is currently facing. It is entering its seventh year. This situation has raised numerous questions under International Humanitarian Law (IHL) as the set of rules the main aim of which is to limit the effects of armed conflicts for humanitarian reasons. This is also an occasion to test the pertinence and efficiency of IHL rules in the face of current armed conflicts. Accordingly, the present article seeks to study certain important issues in IHL raised by Yemen armed conflict. Doing so, firstly, the type of armed conflict in Yemen is addressed (1). Then, it goes through the principles of distinction, proportionality and precautions (2). Thereafter, the issues of blockade and siege are dealt with (3). After that, the situation of certain persons is examined (4). And finally, the very challenging and significant question of humanitarian assistance is studied (5). I will conclude that most of the humanitarian problems except the issue of humanitarian assistance and sieges are adequately regulated by IHL and that the problem is mainly that those rules are not respected. The controversy about the classification of the conflict, whether it is an international armed conflict (IAC) or a non-international armed conflict (NIAC), does not fundamentally affect those rules.

Keywords

Main Subjects

References

  1. Akande D and Gillard E-C, 'Arbitrary Withholding of Consent to Humanitarian Relief Operations in Armed Conflict', (2016), 92 International Law Studies, 483
  2.  Carron D, 'When is a Conflict International? Time for New Control Tests in IHL, (2016), 98 International Review of the Red Cross, 1019
  3. Congressional Research Service, 'Yemen: Civil War and Regional Intervention', Summarized by: Jeremy M. Sharp (updated March 12, 2021), available at: https://sgp.fas.org/crs/mideast/R43960.pdf
  4.  Ferraro T, 'The ICRC’s Legal Position on the Notion of Armed Conflict Involving Foreign Intervention and on Determining the IHL Applicable to this Type of Conflict', (2015), 97 International Review of the Red Cross, 1227
  5. Hakki L, Stover E and J. Haar R, 'Breaking the Silence: Advocacy and Accountability for Attacks on Hospitals in Armed Conflict', (2021), 102 International Review of the Red Cross, 1201
  6. House of Commons Foreign Affairs Committee, 'The Use of UK-Manufactured Arms in Yemen, Fourth Report of Session 2016–17' (15 September 2016). Available at: https://www.justsecurity.org/wp-content/uploads/2016/09/UK-Parliament-Foreign-Affairs-Committee-Report-on-UK-arms-in-Yemen.pdf
  7. Human Rights Council, 'Situation of Human Rights in Yemen, Including Violations and Abuses since September 2014: Report of the Detailed Findings of the Group of Eminent International and Regional Experts on Yemen' (September 3, 2019) A/HRC/42/CRP.1
  8. Human Rights Council, "Situation of Human Rights in Yemen, Including Violations and Abuses since September 2014: Detailed Findings of the Group of Eminent International and Regional Experts on Yemen' (September29, 2020) A/HRC/45/CRP.7
  9. Human Rights Council, 'Situation of Human Rights in Yemen, Including Violations and Abuses since September 2014: Report of the Group of Eminent International and Regional Experts on Yemen' (September 10, 2021) A/HRC/48/20
  10. Hursh J, 'International Humanitarian Law Violations, Legal Responsibility, and US Military Support to the Saudi Coalition in Yemen: A Cautionary Tale', (2020), 7 Journal on the Use of Force and International Law, 122 
  11. ICRC, 'War in Yemen', available at https://www.icrc.org/en/where-we-work/middle-east/yemen/war-yemen
  12. Office of the Special Representative of the Secretary-General for Children and Armed Conflict, Protect Schools and Hospitals: Guidance Note on Security Council Resolution 1998 (United Nations Publications 2014)
  13. Robinson I and Nohle E, 'Proportionality and Precautions in Attack: The Reverberating Effects of Using Explosive Weapons in populated Areas', (2016), 98 International Review of the Red Cross, 107
  14. Sassoli M, International Humanitarian Law: Rules, Controversies, and Solutions to Problems Arising in Warfare (Edward Elgar Publishing 2019)
  15. Schwendimann F, 'The Legal Framework of Humanitarian Access in Armed Conflict', (December 2011), 93 International Review of the Red Cross, 993
  16. UNICEF, 'Conflict shuts a third of schools in Yemen's port city of Hudaydah', November 30, 2018. Available at https://www.unicef.org/mena/press-releases/conflict-shuts-third-schools-yemens-port-city-hudaydah
  17. UNICEF, 'Geneva Palais briefing note on education under attack in Yemen', September 14, 2018. Available at https://www.unicef.org/press-releases/geneva-palais-briefing-note-education-under-attack-yemen
  18. U.N. Secretary-General, Report of the Secretary-General on the Protection of Civilians in Armed Conflict, U.N. Doc. S/2009/277 (May 29, 2009)
  19. Van Steenberghe R and Lesaffre P, 'The ICRC’s ‘support-based approach’: A suitable but incomplete theory' (2019) 59 Questions on International Law Journal 5
Iranian Journal of International and Comparative Law
Volume 1, Issue 1
January 2023
Pages 100-113

Files

Share

How to cite

Statistics