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JIAT Reviews Some Reports on Allegations against Coalition Forces to Restore Legitimacy in Yemen

Saudi Press Agency

Wednesday 1440/8/12 - 2019/04/17

Riyadh, April 17, 2019, SPA -- Consultant Mansour Ahmed Al-Mansour, official spokesman of the Joint Incidents Assessment Team (JIAT) on Yemen, held here today a press conference, announcing the results reached by the joint incidents assessment team in Yemen with regard to the latest allegations against the coalition forces military operations in the field.

With regard to the fourth report on activities of the National Committee to investigate human rights violations in Yemen, stating that at about 05:45 am on 11/05/2015, the (Dahi) neighbourhood of (Almudhaffar) District was shelled with four missiles by aircrafts belonging to the Arab Coalition. One missile fell on a house and the second missile fell beside (Alsunnah) mosque killing 14 persons and injuring five others.

The Joint Incidents Assessment Team has vetted the possibility of the incident, and following verification of all related documents; including procedures and Rules of Engagement, Daily Mission Schedule, After Mission Report, satellite imagery, evidence evaluation, video recordings of the performed mission, satellite images, provisions and principles of the International Humanitarian Law "IHL" and its Customary Rules, and assessment of the evidences including the intelligence relied on and their sources, JIAT found out that on Sunday 10/05/2015, highly reliable intelligence informed of:

1. Gathering of Houthi armed militia combatants and ex-president's forces,

2. The presence of equipment and machinery belonging to Houthi militia,

3. Sites of air defence missiles and armouries at specified locations, all in Taiz Governorate

And that, the situation requires neutralizing them, as legitimate military targets which their destruction will achieve a military advantage As stated in Article 52 Para 2 of the first additional protocol of Geneva Conventions. By exercising verification of the military targets as in Article 16 of IHL Customary Rules, the Coalition forces launched an air mission on 4 (specified) targets at 06:10 on Monday 11/05/ 2015, using four guided bombs that hit their targets which were the gathering of Houthi armed militia and ex-president's forces, as well as their equipment, machinery and, air defence missiles and armouries in Taiz Governorate. The nearest to the house clamed was about 240 meters away.

By reviewing the documents of the military operation launched, including the video recordings of the performed mission and the satellite imagery of the location, JIAT found that the bombs hit their targets. The Satellite images taken on 23/05/2015 which is 12 days after the allegation's date showed that the houses, which their coordinates are stated in the claim, are free from any effects of aerial bombardment.

In the light of that, JIAT concluded that the Coalition air forces have not targeted the claimed (houses) at Almudhaffar District, Taiz Governorate.

With regard to Human Rights Watch report issued in June 2015 stating that a Coalition's air raid hit Almunadhel Hassan Fayed School at 08:30 am on 11/05/2015 where the corner of the building sustained an aerial attack, a strike on a field nearby the school, and another strike on an open area at 200 meters from the school, without victims.

JIAT has vetted the possibility of the incident, and following verification of all related documents; including the procedures and Rules of Engagement, Daily Mission Schedule, After Mission Report, video recordings of the mission, satellite imagery and evidence evaluation, provisions and principles of IHL and its customary rules, and assessment of evidences including the intelligence relied on and sources of these information, JIAT found that, based on intelligence reports confirmed that the Houthi armed militia use several schools as command and control centers in Saada Governorate, including (Almunadhel Hassan Fayed) School.

The Coalition Forces concentrated surveillance and reconnaissance operations, and on Sunday 10/05/2015 the Coalition Forces detected armed vehicles and militiamen coming out from the headquarters of a prominent commander heading to the school of the allegation. They stayed inside the school until late at night. Due to the Houthi armed militia activity and participation of the military operations in the school of the allegation, the legal protection of civil properties accourding to Article 52 para 3 of the first additional protocol of Geneva Conventions.

The armed vehicles and Houthi militiamen present in the school of the allegation are a high-value legitimate military target according to Article 52 para 3 of the first additional protocol of Geneva Conventions.

JIAT found that the Coalition Forces took the possible precautions to avoid inflicting human losses or damages accidently to civil properties and reduce them to the minimum by choosing a suitable time for targeting and using guided bombs commensurate with the size and type of the target in accordance with Article 57 of the first additional protocol of Geneva Conventions and customary rules number 15 and 17.

After reviewing the documents of the military operation and analysing the satellite images of the targeting locations, JIAT found that a bomb fell on a building of the alleged school and two bombs deviated; one fell on a field near the school and the other fell on an empty land about 200 meters from the school causing no damages due to technical fault in the aircraft's targeting system after which the operation was stopped.

In the light of that, JIAT concluded that the procedures of the Coalition forces in targeting (Almunadhel Hassan Fayed School) are correct and in accordance the IHL and its customary rules.

JIAT recommends that it is proper to provide assistance in view of the bomb that fell on field due to technical fault in the aircraft's targeting system.

With regard to the report of the Human Rights Watch dated 21/12/ 2015 stating that the Coalition forces launched 4 aerial attack on Al-Hasba neighbourhood, northern (Sanaa) at 04:30 am on 21/09/2015 that destroyed 4 houses, one of which was occupied by Houthi militia for one year. The air attacks damaged at least 11 houses.

The four attacks killed 20 civilians 18 of which were from one family including 6 women and 11 children. The report added: "… the Houthis endangered civilians' lives as they deployed their forces at high -density residential area…". HRW inspected the sites late October 2015 and saw burnt military vehicles.

JIAT has vetted the possibility of the incident, and following verification of all related documents; including the procedures and Rules of Engagement, Daily Mission Schedule, After Mission Reports, video recordings of the missions, satellite imagery, provisions and principles of IHL and its Customary Rules and assessment of evidences. JIAT also reviewed the history of the political and military events in (Sanaa) city and (Al-Hasba) district in particular.

JIAT found that the district witnessed a military clashes in which all weapons and ammunitions were used between Yemeni political and tribal forces leading to the control of the district by Houthi armed militia, posting fortifications and barracks at its entrances, and using residential houses and civilians' assets to protect and reinforce their presence in the district.

Intelligence confirmed that Houthi armed militia seized a fenced housing compound of a tribal Chief it had four buildings of several storeys and a courtyard, it had stronghold and was used by Houthi armed militia commanders for their meetings, other buildings for storing their military equipment.

The compound was considered legitimate military targets, which their destruction would achieve a military advantage according to Article 52/2 of, Protocol (I) Additional to the Geneva Conventions. As verification degrees are available based on Customary Rule 16 of IHL.

Furthermore, ground intelligence confirmed that there were Houthi commanders meeting late at that night in the seized building, this was supported by the dense presence of armed vehicles, and security points along the street eading to the targeted site.

The legal protection of the civilian property lost its protection based on being used by the Houthi militia to support their military operations in violation of Article 52/3 of the Additional Protocol I to Geneva Conventions. And on Monday (21/09/2015), at 04:30 am, the Coalition air forces targeted the four fenced buildings using guided bombs.

Having examined the documents related to the implemented military operation, JIAT found that there was a military advantage from the implemented operation.

However, after reviewing aerial and satellite images, video recordings, and after-mission reports, JIAT found that, due to technical fault with the aircraft guidance systems, one bomb fell on a small one-storey building 80-meter away from the military target, and second bomb fell on another building 150-meter away from the military target.

In light of that, JIAT found that the procedures taken by the Coalition forces in targeting the legitimate military target (complex) were correct and in accordance with the International Humanitarian Law and its Customary Rules. JIAT recommends that the Coalition forces reviews and correct the causes of the technical fault with the aircraft guidance systems to prevent future recurrence.

JIAT also recommends that the coalition states provide assistance for the human losses and material damages that took place to the two buildings due to the technical fault with the aircraft guidance systems.

Regarding the Amnesty International Report issued on October 2015 that on June 8, 2015 an air strike by the Coalition Forces hit a farm at (Bani Muaz) area northwest of Saada city, killing three children and two women, and injuring two other children and an elderly man, leaving a hole of 10-meter diameter.

The Joint Incidents Assessment Team has vetted the possibility of the incident, and following verification of all related documents; including the procedures and Rules of Engagement, Daily Mission Schedule, After Mission Reports, video recordings of the missions, satellite imagery, provisions and principles of the international humanitarian law and customary rules, and evidence evaluation, JIAT found out that on Monday 08/06/2015, based on intelligence reports that there was a gathering of Al-Houthi armed militia in big numbers in and around an isolated building at Bani Muaz area 11 km west of Saada city and 45 km from the international border of the Kingdom of Saudi Arabia.

This was considered as a legitimate military target of high value which destruction would achieve a military advantage according to Article 52/2 of the Additional Protocol (I) to the Geneva Conventions.

With the degrees of verification (intelligence) stating the existence of Houthi armed militia concentrations were in big numbers at the allegation site to support the war efforts based on Customary Rule 16. The building lost its legal protection of the civil properties due to be used by Houthi armed militia in supporting the military effort in a violation of Article 52/3 of the Additional Protocol (I) to the Geneva Conventions.

Therefore, on Monday 08/06/2015 at 11:35 am, the Coalition Forces executed an air mission on the target (Concentrations of Houthi armed militia in big numbers in and around a building) with one guided bomb that hit the target.

JIAT found that the Coalition air forces has taken the possible precautions to prevent and minimize accidental loss or damage to civilian objects based on Article 57 of Additional Protocol I to Geneva Conventions an Customary Rule 15 by the use of one guided bomb of accurate hit, which was proportion with the target. Before executing the mission, it was checked that there no civilians at the targeted site in remote isolated area.

In light of the foregoing, JIAT found that the procedures taken by the Coalition Forces were correct in targeting the gathering of Houthi armed militia in big numbers in and around a building, and that it is in accordance with IHL and its Customary Rules.

With regard to allegation from the National Committee of investigation in human rights violations stating that on 09/05/2015 the Coalition forces shelled a house near (Al-Rowaisan) School in (Al-Zaher) Directorate. The shelling led to the death of 1 person and injury of 4 others.

JIAT has vetted the possibility of the incident, and following verification of all related documents; including the procedures and Rules of Engagement, Daily Mission Schedule, After Mission Report, video recordings of the mission, satellite imagery and evidence evaluation, provisions and principles of IHL and its customary rules, and assessment of evidences including the intelligence relied on and their sources, JIAT found out that based on intelligence from highly credible sources reporting a weapons storage and a gathering of Houthi leaders with their militiamen at (Al-Hemiqan) area, (Al- Baydhaa) Governorate, which are considered legitimate military targets of high value, and their destruction would achieve a military advantage based on the Article 52 para 2 of the first additional protocol of Geneva Conventions.

As there was verification through (intelligence, surveillance and reconnaissance operations) according to the Customary Rule 16, and the loss of the legal protection of civil properties (the building) due to being used in effective participation of the military efforts supporting the Houthi militia violating of Article 52 para 3 of the first additional protocol of Geneva Conventions.

Thus, on Sunday 10/05/2015 the Coalition Forces conducted an air mission against two targets: the building used as (weapons storege) and (the gathering of Houthi leaders with their militiamen) using guided bombs, which hit the first target (weapons storge). The execution of the second target was cancelled due to escaping of the armed Houthi personnel from the location.

Moreover, the Coalition forces taken the possible precautions to prevent and minimize accidental loss or damage to civilian properties, by the use of a guided bomb, which was proportion with the building size in an isolated area. in accordance with Article 57 of Additional Protocol I to the Geneva Conventions and Customary Rules (15 and 17).In light of that, JIAT found that the procedures taken by the Coalition Forces were correct in dealing with the legitimate military target (the building) in accordance with IHL and its Customary Rules.

--SPA
19:31 LOCAL TIME 16:31 GMT
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