The Potential Violations of Civilians’ Rights in Armed Conflicts in Yemen from the Perspective of International Law ()
1. Introduction
One of the main and essential objectives of International Humanitarian Law (I.H.L) is the protection of civilians in armed conflict (A.C). Under the legal rules, individuals and the civilian population enjoy general protection from the effects of combat operations carried out by armies. Military objectives only, and interest in the protection of civilians have increased recently as a result of the great development in fighting methods and the emergence of advanced and destructive technology in the field of combat [1] .
The participation of civilians in hostilities is an issue that needs to be addressed by International Humanitarian Law (IHL). This participation deviates from the principle of non-participation, which is the foundation for ensuring their protection. The principle of non-participation of civilians in hostilities is a fundamental concept in IHL, which aims to provide protection to civilians during armed conflicts. However, there are circumstances where civilians may become directly involved in hostilities, and it is necessary for IHL to address this exception. Nevertheless, the understanding of civilian participation has been subject to a jurisprudential debate, leading to difficulties in comprehending the concept. This debate, which began in 2004, resulted in the issuance of an explanatory guide in 2009. The guide represents the culmination of extensive discussions among experts, each expressing their respective opinions on the matter. It is important to note that the views expressed in the guide reflect the opinions of the experts at that time.
Yemen, a little country on the Bedouin Promontory, has turned into the site of egregious non-military personnel enduring in the midst of an obstinate nationwide conflict. Numerous experts say [2] , the battle presently seven years old, has transformed into an intermediary war: The Iran-upheld Houthi rebels, who toppled the Yemeni government, are set in opposition to a global alliance driven by Saudi Arabia. The association of different warriors, including aggressor Islamist gatherings and separatists upheld by the United Arab Emirates (UAE), has convoluted the image [2] .
Yemen is currently facing an acute humanitarian crisis due to the seven-year conflict, due to which there will be 23.4 million people in need of some type of humanitarian assistance in 2022 [3] [4] . Millions of people have been displaced, the health system has collapsed, leading to the spread of preventable diseases and the risk of starvation. The conflict is complicated by the involvement of various parties, including the Iran-backed Houthi rebels and a coalition led by Saudi Arabia [5] . The research problem in this context is the violation of IHL in Yemen’s conflict, leading to the suffering of civilians. The objectives of this study are to examine the extent of the violation of IHL in Yemen’s conflict and to propose measures to protect civilians in armed conflicts. March 4, 2023, statistical data released by Entesaf [6] , a local non-governmental organization in Yemen, showed that the eight consecutive years of war in Yemen have caused at least 13,482 women and children to be injured, including 6328 deaths and 7154 injuries. In addition, over 5 million people have been displaced.
2. The Literature Review
The study serves to define armed conflict in international and humanitarian law, explore Yemen’s conflict history, and identify its key actors. It categorizes the conflict, assessing its multifaceted impact, including humanitarian, economic, and cultural losses, laying the foundation for further research.
2.1. Armed Conflict Definition
Citizens striving for internal change are involved in Armed conflicts (ACs) within States, which are political conflicts. Some are secessionist movements, typically led by a group of individuals who take up arms to fight for the establishment of either an autonomous entity inside an existing state or a totally new and independent state of their own, who are almost always a minority within a community.
Armed Conflict (AC) is still a contested term in International Law (I.L) debates. There are no clear lines that indicate the nature of an A.C in which to be applied in different levels of skirmishes. However, certain characteristics are necessary in recognizing whether a conflict is an A.C or not. Such recognition is crucial for the exercise and application of law of humanitarian (H.L) in resolving and monitoring the conflict. The H.L acts as a guideline for parties involved in an A.C as well as being the bastion for the safeguard of people who are not involved in the conflict, yet being in the middle of it particularly the civilians. The expectation of a world without wars, and clashes between states, which are being settled through talks, has not been completely understood [7] . Uppsala Conflict Data Program (UCDP) provides a specific definition of A.C in which:
“When two parties, one of whom is the government of a state, employ military force against one another, there is an armed conflict that affects government and/or territory and at least 25 people have died in fighting as a result.” [8]
IHL emphasizes the need to commit to humanitarian and impartial relief work for the civilian population, in accordance with the conditions set forth in IHL, when basic materials are about to be implemented. The law urges the parties to the conflict to maintain conditions that allow the civilian population to secure their pensions, in particular by refraining from taking any measure aimed at depriving them of their supplies, access to their crops or arable land, or generally depriving them of the indispensable materials for their survival. The principle of protecting civilians and not being considered the site of any attack during military operations is one of the fundamental principles of the IHL. That the IHL guarantees rules that provide protection for people during ACs through detection and determining the type of potential violation of the law, and this protection is not limited to civilians only, but also includes in one way or another fighter, as well as the reason for its existence is mainly in protecting all human souls During ACs, regardless of conflict reasons and motivation [9] .
One of the key instruments of IHL is the Geneva Conventions, which were adopted in the aftermath of World War II and have since been ratified by a large majority of countries worldwide. The Geneva Conventions establish the obligations of parties to an armed conflict to protect and care for wounded and sick combatants, prisoners of war, and civilians. They also prohibit acts such as torture, inhumane treatment, and indiscriminate attacks on civilians. In addition to the Geneva Conventions, there are other important international treaties and conventions that contribute to the development and implementation of IHL [10] . For example, the Convention on the Prohibition of the Use, Stockpiling, Production, and Transfer of Anti-Personnel Mines and on their Destruction (commonly known as the Ottawa Convention) aims to eliminate the use of anti-personnel landmines, which pose a significant threat to civilian populations even after the cessation of hostilities. Similarly, the Convention on Cluster Munitions seeks to address the humanitarian impact of cluster munitions and reduce the risk they pose to civilians [11] . A “Major A.C” on the other side is a war between nations in which fighting between Government forces (classified as legitimate) and their rivals bring somewhere around 1000 passings over the contention [12] .
The definition provides that in an AC, one party should be from the government of state. Such definition would then differentiate between ACs and small or middle scale skirmishes. The definition further describes five elements necessary for the conflict to be considered as an A.C:
1) The use of armed force;
2) 25 fights related passings each year and per incongruence;
3) Parties which must consist of a government at one side;
4) State in which the conflict takes place and;
5) Incongruence relating to the government and the contradiction [13] . However, the definition itself implies a conflict that is situated within the state so as to say, internal conflict. Observations made by Wallenstein [14] on the occurrence of A.Cs from 1989 to 2000 provides three categories of A.Cs, each is distinguished according to battle-related deaths count:
・ Minor A.C―Number of fight-related killings during conflict is less one thousand.
・ Intermediate A.C―Number of fight―related killings during conflict is more than 1000, but less than 1000 at whatever year.
・ War―Number of fight―related killings exceed 1000 in any given year.
Wallenstein [14] also notes that the last two categories (intermediate AC and war) are considered as major ACs. Many complex factors lead to Acs and one of the most causes of A.C is ethnic and religious differences. Ethnic and religious enmities, mass violations of human and minority freedoms, and ethnic purging coming about because of outrageous types of patriotism proliferated by disdain communities are factors that compound the clash. The general straightforwardness with which arms are dealt from one side of the planet to the other, especially in nations and districts burdened by nationwide conflicts, is likewise a contributing variable. Albeit not in itself a reason for clashes, the wide accessibility of such weapons will in general fuel them, sabotage nonaggression treaties in circumstances where soldiers have not been totally incapacitated, heighten brutality and wrongdoing in the public eye, and hinder monetary and social turn of events. It is estimated that some 500 million light weapons are in circulation in the world. Yemen is the second most heavily armed country in the world after the United States (54 guns for every 100 residents) [15] .
Overall, international treaties and conventions play a crucial role in shaping and advancing the principles and norms of IHL. They provide a legal framework that guides states and other parties in their obligations to protect civilians and ensure the humane treatment of individuals affected by armed conflicts. By adhering to these treaties and conventions, states demonstrate their commitment to upholding the fundamental principles of humanity, impartiality, and the protection of vulnerable populations in times of armed conflict.
2.2. Armed Conflict History in Yemen
Yemen has always been divided along the north-south divide, each having its own ideological stance and belief to assert into a “unified Yemen”. Before the unification of Yemen materialized on May 1990, the north-south relation was in tumultuous state particularly during the 1970s and early 1980s―characterized by the competing interstate relation between the city of Sanaa in the north and Adden in the south respectively trying to assert their dominance over each other until now [16] .
The flame of Saada that was ignited in 2004 by the Houthis was never subsided. Over the time, it gradually escalated into open rebellion, which reignited in 2009 and eventually drawn Saudi Arabia to provide assistance to Yemeni government. The insurgence was quieted with a ceasefire but later found its way again following the Arab Spring in 2011 in which Houthi leader, Abdul Malik al-Houthi denounced Salih and demanded for his resignation. The election of President Hadi in 2012 did not has any significant effect on the Houthis. They boycotted the single-candidate elections in early 2012 and demonstrated their opposition to extending Hadi’s term in 2014 [17] . The year also saw the increasing hostility between Sunni tribes and Houthis group in Norther Yemen, which slowly spread to different areas including capital of county (Sana’a). A battle followed the fuel subsidies cut made by Hadi’s government in September 2014 that led to negotiation in which the Houthis forced Hadi to stop the violence. The aftermath left the Houthis with considerable power and influence over Yemeni institutions and politics due to the resignation of Hadi’s government [18] .
The tension escalated once more in January 2015 that saw the Houthis seized presidential compound in Sanaa, which incited the ousting of President Hadi and responsible members of his government and quickly met with response by Saudi Arabia [19] . Later, the Houthis moved into the disintegration of parliament and the development of Progressive Board, which implying their growing influence and power over Yemeni politics [20] . In a month after his arrest, President Hadi managed to slip out from the capital. His move was to publicly denounce Houthis action as illegitimate and at the same time indicating that he would remain as Yemeni president [21] . This was followed with a turn of event, when ousted president Salih went public and denounced Hadi, which partially confirm the allegation that he has been backing the Houthis insurgency from the shadow. U.N bodies and agencies estimated that 23.4 million in need of some form of assistance and 15.8 million in need of protection in Yemen [5] .
2.2.1. The Main Actors Involved in the A.C in Yemen
1) The Government of Yemen
Since the start of the conflict, the Yemeni government has received assistance from the Gulf Arab states led by KSA and the US to reinstate Hadi as the president of Yemen. Amongst countries involved in assisting Yemen are KSA, Bahrain, the UEA, Kuwait, Morocco, Egypt, Qatar, Jordan, and Sudan from Arab states along with US and United Kingdom who provide logistical supports and intelligence to the Saudi-Led Coalition (S-L.D). The government of Yemen (legitimate) consists of the partisan blocs including the Yemeni Congregation for Reform (Islah), some members of the General People’s Congress (GPC), who support Hadi’s government, and Yemeni Socialist Party (YSP) (named the National Liberation Front prior to 1978).
2) Al-Houthis group (De Facto Authorities)
The Houthi or known as Ansar Allah (Partisan of God) emerged in the late 1980s as a vehicle for religious and cultural revivalism among Zaydi Shiites in northern Yemen that formerly ruled the North under the Imamate until the establishment of YAR in 1962. The Zaydis are a minority in the Sunni Muslim-majority country but predominant in the northern highlands along the Saudi border. The Houthis are Zaydi revivalist that felt threaten by the dominant Sunni or Wahabbi identity. The Houthis became politically active after 2003, and they rebel on government and a history of rising up against the Sunni groups and country leadership, believe that leadership is their right. The insurgence of the Houthis is closely referred to the unresolved military aggression in Saada, started in 2004 with the quasi-police attempt to arrest Husein al-Houthi, former parliament member, that quickly escalated into an A.C However, al-Houthi’s death had only made the conflict worsen with on-off battles taking place until 2007 when the Houthis―during the time was led by Hussein al-Houthi’s brothers Abd-al-Malik and Yahya―was accused of threatening a Jewish community in Saada. They took control of Yemen’s capital and largest city, Sana’a, demanding lower fuel prices and a new government.
The Houthis since before the start of conflict has always been associated and accused to be the proxy for Iran due to their shared religious lines (Shia). Both the US and Saudi Arabia have accused Houthis to receiving training and weapon from Iran. A statement made by US Secretary of State, John Kerry, claimed that there were supplies coming from Iran for Houthis, involve traveling of Houthi people to Iran and Lebanon for military trainings as well as channeling aids and money for the rebels and supporting them with weapons.
3) The Al-Qaeda in Arabian Peninsula (A.Q.A.P)
Al Qaeda in the Arabian Peninsula (A.Q.A.P) first gained control of territory in 2011 when it took advantage of political chaos, which eventually aims to establish the caliphate [22] . The AQAP is viewed as the most active and dynamic branch of al-Qaeda and presented a significant threat to the security of the region of the Middle East. In 2012, during rehearsal for Yemen’s Unity Day, a suicide bombing that claimed over 120 people’s lives had been claimed responsibility by the AQAP. The organization then moved to the key stronghold in Southern Yemen and planted mines that threaten the lives of civilians. During the early phase of the Yemeni civil war in 2015, the AQAP took advantage of the turmoil and captured Mukalla where they established their base [23] . The city was later recaptured by the S-L.D in 2016. Despite the continuous efforts by the US and coalition to contain AQAP, the conflict in Yemen actually enabled the organization to expand its power and influence. The key source of AQAP’s survival was its focus on sustaining its relationship with locals in areas they established, which had rendered the efforts to oust them difficult [24] [25] .
4) The Southern Transitional Council (STC)
On 11 May 2017, Aidrous Al-Zubaydi, Aden’s former chief representative, remained before the banner of previous Yemen’s south and reported the making of a 26-part Southern Temporary Committee (S.T.C) [26] . As per Southern Development individuals, the declaration was the summit of conversations that had been happening for quite a long time. Nonetheless, the cycle was catalyzed following A.Cs at the Aden Air terminal in mid-April between the leader of ţhe U.N-upheld government of Yemen, Hadi President, and afterward lead representative Aidrous [26] . On 27 April 2017, Hadi answered by terminating Aidrous as well as Ben Brik, Yemen’s previous clergyman of state [27] .
Not long after Aidrous’s excusable, a mass convention contrary to President Hadi’s choice was coordinated by the Southern Development which called later (Southern Movement), an alliance of political groups supporting different levels of political independence for Southern Yemen and privately known as Al-Hirak. Broadcasting the Noteworthy Aden Statement, the dissenters continued to approach Aidrous’s expulsion from office as a demonstration of hostility towards the South by Hadi, making reference to Hadi’s role in overcoming the South in the 1994 nationwide conflict [28] . The area of the assembly in Khor Maksar, in Aden―the site of horrendous fighting during the Conflict of Aden in 2015―further highlighted the difficulties of the Southern battle. The statement proceeded to “approve” Aidrous to make a “public political initiative” to address the South in view of the “legitimate authority from the desire of individuals of the South.” During the week that followed, Aidrous recorded gatherings with common society, ladies’ associations, ancestral pioneers, and Southern legislators before openly reporting the development of the STC [26] .
Table 1 shows the main actors involved in the A.C in Yemen since 2014, loyal and allied groups, parties and forces, as well as the parties supporting the main actors.
2.2.2. Losses Caused by the Armed Conflict in Yemen
The armed conflict in Yemen has resulted in profound and devastating losses, affecting the country’s population and infrastructure:
1) Humanitarian Losses: The conflict has led to a staggering loss of life, with thousands of civilians killed and injured. Millions of Yemenis are in urgent need of humanitarian assistance, including food, shelter, and medical care.
2) Children and Education: The conflict has disrupted the education system, with many schools damaged or closed. Children have suffered greatly, facing malnutrition, recruitment by armed groups, and a lack of access to education.
3) Healthcare System: Yemen’s healthcare system has been severely strained, leading to a rise in preventable diseases, inadequate maternal and child health services, and limited access to medical facilities.
4) Economic Toll: The conflict has devastated Yemen’s economy, resulting in skyrocketing inflation, unemployment, and a decline in basic services. The currency has sharply depreciated, making essential goods unaffordable for many.
5) Cultural and Historical Heritage: Yemen’s rich cultural and historical heritage, including its ancient cities and landmarks, has been damaged or destroyed due to conflict-related violence.
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Table 1. Key parties involved in Yemen conflict.
It is essential to recognize the immense losses suffered by Yemen and its people as a result of the ongoing armed conflict. The international community’s efforts to address these losses and find a peaceful resolution to the conflict are of paramount importance.
2.2.3. Classifying A.C in Yemen
The application of the Law of A.C (L.O.A.C) is determined by the rate to which a legal situation of violence occurred. The International Human Rights Law (I.H.R.L) legislation implements to any form of violence that isn’t a full-fledged armed war [31] . However, IHL regulations recognize only two scenarios in which the LOAC applies: International A.C (IAC) and Non-International A.C (NIAC). An A.C between at least two states is known as an IAC, but an A.C between a state and at least one coordinated armed bunch is known as an NIAC (s). The qualification among these A.C circumstances is important because the appropriateness of the Law of A.C (L.O.A.C) is determined by whether the idea of the A.C falls within N.I.A.C or I.A.C [31] .
According to the provisions of I.L and the rules of engagement between the parties to the conflict, the A.C in Yemen falls under the criterion of non-international armed types. In the case of the S-L.D involvement, one could argue that the help of forces of government of Yemen has no bearing on the nature the fight in Yemen because the S-L.D mediations don’t meet the needed measures for an internationalized A.C based on the data accessible. As a result, the S-L.D doesn’t apply in general authority over the Yemeni government troops or issue particular orders to them. Finally, on this premise, it is clear that Iran’s engagement and the Saudi-led coalition’s intervention do not imply a shift in the war from NIAC to IAC.
3. Research Methodology
In this research, the authors utilized qualitative exploration techniques through previous studies review from significant, and dependable assets. Qualitative examination is an approach that is more exploratory and expects to get a comprehension along with the solutions from the examination directed [32] . Report-based research and Web-based were utilized as the collection of data methods. Also, the authors endeavored to get more data through recently distributed archives like articles, books, reports, diaries, and electronic news to guarantee that the data in this study was refreshed. The authors utilized a study case as the exploration method. Subsequently, this study utilized a blend of distinct and insightful composing methods. The authors endeavored to explain this conversation and the function of I.L. in the work to interpret the potential violation issues in Yemen. Additionally, after analyzing U.N. agencies and N.G.Os’ performance reports in this issue, the authors checked out at the connection between circumstances and logical results among the factors (i.e., A.C in Yemen and its impacts on civilians), and analyzed and interpreted it by international law. This was finished to answer the recently resolved issue detailing.
4. Results and Analysis
4.1. Effects of Potential Violations Resulting from the Conflict in Yemen
The Group of Experts, N.G.Os, and U.N agencies kept on examining instances of erratic confinement, torment including sexual brutality, different types of abuse and authorized vanishings, committed by gatherings to the contention, expanding upon the past work of the Group. A few infringements falling inside these classifications are likewise managed in different parts of this study. The study highlights the effects of A.C on Civilians in Yemen and appears to be the most significant patterns of potential violations of the I.H.L and the IHRL in Yemen which have been verified to be committed by all parties to the A.C in Yemen. The potential violations recorded were investigated through documented reports, research, and video clips by non-governmental and governmental human rights organizations as follows:
1) Starvation and Denial of Humanitarian Aid
The term “to starve” someone generally implies deliberately subjecting them to extreme deprivation, scarcity of food, and a severe lack of sustenance, resulting in suffering or potential death due to insufficient nourishment. In the context of AC, starvation can occur through both active measures, such as targeting civilian food sources, agricultural areas, and water systems, as well as through passive actions referred to as “omissions.” These omissions involve intentionally impeding or obstructing the prompt delivery of humanitarian and emergency assistance to civilians in need, either by denying consent for aid operations or by willfully obstructing the distribution of essential supplies [33] .
IHL is broken when an air blockade endangers civilian lives or property, or when the suffering of civilians surpasses the blockade’s anticipated military advantages. Targeting people with purposeful intent and denying them needs like food, water, and health is a possible war crime and a major infringement and abuse of IHL. According to the International Criminal Court’s Rome Stat