Joint Incidents Assessment Team issues a statement regarding allegations against Coalition Forces
Saudi Press Agency
Monday 1441/9/18 - 2020/05/11
Riyadh, May 11, 2020, SPA – Joint Incidents Assessment Team has issued a statement regarding allegations that Coalition Forces targeted Souq Al-Raqou in the Directorate of Munabih in Saada Governorate, two fishing boats near the island of Zaqar off the Yemeni coast, in Sohar Directorate in Saada, and bombed a house in the area of Mahdaidiya in the Directorate of Baqim. Following is the text:
Regarding case number: 188 and with regard to the statement of the United Nations Humanitarian Coordinator in Yemen issued on (25/12/2019) entitled (a third attack within a month on (Souq Al-Raqou) in (Saada) governorate, that caused the deaths of at least (17) civilians, which includes that the initial field reports indicate that an attack on (Souq Al-Raqou) on (24/12/2019) caused the death of at least (17) civilians, including (12) Ethiopian citizens, and the injury of at least (12) others, and this is the third attack on the same market within one month, when (32) civilians were killed and injured in the attack that occurred on (27/11/2019).
Coalition Forces also referred to JIAT the results of one of the targeting operations in the area of operations, for the possibility of accidental losses and collateral damage on Tuesday (24/12/2019), during the clash with hostile elements that infiltrated into the Saudi borders.
JIAT vetted the incident, and reviewed all documents, including procedures and rules of engagement, daily mission schedule, after mission report, satellite images, border monitoring images, records of artillery and mortar units, video recordings of the reconnaissance for (Souq Al-Raqou) area after the date of the claim, provisions and principles of International Humanitarian Law and its customary rules, JIAT's visits to the relevant units, interviewing and listening to the statements of the relevant personal of operations on (27/11/2019) and (24/12/2019), and assessment of evidences, JIAT found that on Wednesday (27/11/2019), the Coalition Forces carried out the following tasks:
1. An aerial mission on a military target consisting of (gatherings of elements of Al-Houthi armed militia) in the (Baqem) district in the (Al-Jawf) governorate, which is (35) km away from (Souq Al-Raqou) of the claim.
2. Artillery shooting at a military target (firing source) in (Qataber) directorate of (Saada) governorate, (16) km away from (Souq Al-Raqou) of the claim.
3. Mortar shooting at a military target (firing source) in (Monabih) directorate of (Saada) governorate, (9.5) km from (Souq Al-Raqou) of the claim.
By studying the satellite imagery, border monitoring images, and the reconnaissance video, after the claim date for the location of the claim and the location of military operations carried out by the Coalition Forces on (27/11/2019), JIAT found the following:
1. (Souq Al-Raqou), the place of the claim, is located in (Monabih) directorate at the north western part of (Saada) governorate, and at the international border of the Kingdom of Saudi Arabia, and it is not a (market) in the known meaning, but it can be described as a slum location that includes shops, services, and housing.
2. No signs of targeting were observed on (Souq Al-Raqou).
JIAT studied and evaluated the artillery operations of the Coalition Forces, and air missions for the previous day and the day after (27/11/2019) and found the following:
1. On Tuesday (26/11/2019), the day before the date of the claim, the nearest mission was carried out by the artillery units on a military target, (15) km away from (Souq Al-Raqou) of the claim, while no air missions were carried out on (26/11/2019) inside Yemen.
2. On Thursday (28/11/2019), the day after the date of the claim, the nearest task carried out by the artillery units on a military target, (16) km away from (Souq Al-Raqou) of the claim, and an aerial mission was carried out on a military target in (Kitaf) directorate of (Saada) governorate, (50) km from (Souq Al-Raqou) of the claim.
With regard to the claim that this was the third attack on the site within a month, JIAT has already announced the results of its investigations regarding what was stated by the United Nations Humanitarian Coordinator in Yemen, issued on (22/11/2019), that an attack occurred on (Souq Al-Raqou) in the (Munbih) district of (Saada) governorate on (20/11/2019).
As for the claim on Tuesday (24/12/2019), JIAT examined the events and operations implemented by Coalition Forces and found the following:
1. One of the border units was subjected to intense shooting by combatants who infiltrated into the international borders of Saudi Arabia.
2. It was not possible to deal with the source of fire with direct weapons, due to the lack of mutual visibility and the use of mountainous terrain by infiltrators as a cover and a veil for them, which forced the border units to request support for artillery fire to put out hostile fire sources immediately for self-defense, accordingly the Coalition Forces implemented indirect fire with (3) mortar shells (120) mm, on a military target (combat elements) inside the borders of the Kingdom of Saudi Arabia, who were shooting at one of the Coalition Forces units.
By studying the satellite imagery of the location of the claim, and the location of the military operations carried out by the Coalition Forces on (24/12/2019), JIAT found the following:
1. The specific coordinate of (infiltrated combatant elements) is located at a distance of (90) meters from (Souq Al-Raqou) of the claim.
2. Two mortar shells traces were observed at the location of the coordinate of the target at the foothill inside the Kingdom of Saudi Arabia territory.
By studying the videos and pictures published of the claimed location in the open sources, JIAT found the following:
1. The damaged site is a medium-sized building, a burning of its interior walls was observed, and the tinplate roof was damaged.
2. The internal damage to the claimed location is greater than of the mortar impact.
3. It was reported in a televised interview, that two shells landed at the foothill at the opposite of (Souq Al-Raqou), and one shell landed on the damaged site.
By assessing the military mission executed by the mortar, JIAT found the following:
1. Civilian objects are located outside the scope of the projectile side effects used to deal with the military target, and the distance is considered safe compared to the type and size of the shells used.
2. (Souq Al-Raqou) of the claim, is at the same direction as the projectile.
3. JIAT was able to determine the location of two mortar shells impact points, but was unable to determine the third mortar impact point, and it is likely that it landed on (Souq Al-Raqou) due to a technical defect, or the possibility of it being subjected to changing weather conditions.
In light of that, JIAT found the following:
1. The Coalition Air and Land Forces did not target (Souq Al-Raqou) in (Monabih) district of (Saada) governorate on (27/11/2019).
2. The Coalition Air and land Forces did not target (Souq Al-Raqou) in (Menabah) directorate of (Saada) governorate on (24/12/2019), but the Coalition Land Forces dealt with (combatant elements) that infiltrated into the Kingdom of Saudi Arabia border, and were shooting at one of the Coalition units on (24/12/2019) with indirect weapons for self-defense, as it was the only means available to deal with the threat.
3. it is likely that one of the mortar shells landed on (Souq Al-Raqou) of the claim, on (24/12/2019), and that the projectile miss was due to a technical defect, or the possibility of it being subjected to changing weather conditions.
4. JIAT sees that it is appropriate for the Coalition States to provide assistance for human and material losses, that occurred due to the possibility of the projectile falling on (Souq Al-Raqou) of the claim.
Regarding case number: 189 and with regard to what was stated in:
1. (Human Rights Watch) report issued on (21/08/2019) which states that (in mid-August 2018), the Coalition Naval Forces attacked two fishing boats near (Al-Zaqr) island off the Yemeni coast, in the waters controlled by the Yemeni government.
2. What was reported in an article in the New York Times that on (August 18), a warship opened fire on the boat named (Al-Ameerah), killing three fishermen, the bullets left at least (26) holes in the (Al-Ameerah) boat, attached a photo of the boat, the diameter and shape of the holes were identical to that of heavy and medium machine guns, which are the same type of weapons found on warships, the next day an attack helicopter sank a boat named (Al-Rannan), killing four of the ten fishermen on board.
The JIAT vetted the incident, and reviewed all documents, including procedures and rules of engagement, the daily events log for the Coalition Naval Forces, the event log for the Coalition Naval units, visit to the concerned units and meeting with the specialists, provisions and principles of International Humanitarian Law and its customary rules, and assessment of evidences, JIAT found:
1. The coalition ships were in the restricted naval area south of the Red Sea, carrying out the mission of maritime embargo, as well as escorting and protecting oil tankers.
2. Intelligence reports to the Coalition Naval Forces indicated that Al-Houthi armed militia were about to carry out operations to target Coalition Forces ships and oil tankers in the Red Sea.
3. At (4:43) p.m. on Saturday (18/08/2018), one of the coalition ships spotted a boat heading towards the convoy of the warship and oil tanker, after arriving at a distance that posed a threat to the convoy, the boat was warned via loudspeakers not to approach, but did not obey, then the ship fired warning shots at it to turn away from the convoy, but again the boat did not obey and continued to head towards the convoy, until it reached a distance that posed imminent danger to the convoy, where it was dealt with using (50) mm machine gun, to neutralize its danger to the convoy, in accordance with the Coalitions rules of engagement, and the legitimate right to self-defense.
4. At (5:52) p.m. of the same day, while the Helicopter attached to one of the coalition ship conducting armed reconnaissance in front of the convoy, it spotted (3) boats approaching the convoy of the warship and oil tanker, the aircraft captain informed the ship of that, and after the boats crossed a distance that posed a threat to the convoy and after he took direction from the captain of the ship, it was warned by warning shots, and as a result two of the boats responded to the warnings and turned away and were not dealt with. However, the third boat did not change its course and continued to head towards the convoy, and after reaching a distance that represented an imminent danger to the convoy, it was dealt with by the Helicopter using a (20) mm gun, in accordance with the Coalitions rules of engagement, and the legitimate right to self-defense
5. The Coalition Naval Forces took the necessary precautions in dealings with the two boats according to the rules of engagement, by warning them against approaching the convoy with loudspeakers and warning shots, but in both cases the two boats did not change their course and continued heading towards the oil tanker and the warship convoy, when they reached a distance that posed an imminent danger to the convoy it was dealt with, the boats that complied with the warning and turned away from the convoy were not targeted.
6. The ship carried out search and rescue operations in both targeting areas in compliance with the coalition rules of engagement, and in accordance with Article (7) and (8) of the Second Additional Protocol to the Geneva Conventions, but no survivors were found due to the state of the sea, and the height of the wave on that day due to the bad weather.
In light of that, JIAT found that the procedures taken by Coalition Forces, in dealing with the legitimate military target (the two boats), that posed an imminent danger to the maritime convoy on (18/08/2018) were correct, and in accordance with the International Humanitarian Law and its customary rules.
Regarding case number: 190 and with regard to what was stated in:
1. The report of the Panel of Experts on Yemen No. (S/2018/68) issued on (26/01/2018), that at (02:00) on (01/11/2017) a bomb was dropped from a military plane, on or near a hotel inside A crowded night market, in (Sohar) district of (Saada) governorate, killed (31) civilians and wounded (26).
2.The annual report of the High Commissioner for Human Rights No. (A/HRC/39/43) issued on (17/08/2018) that on (01/11/2017), an air strike targeted a hotel in (Souk Al-Lail) in (Saada) governorate, killing more than (50) civilian men, and wounding (50) others.
The JIAT vetted the incident, and reviewed all documents, including procedures and rules of engagement, daily mission schedule, after mission report, satellite images, provisions and principles of International Humanitarian Law and its customary rules, and assessment of evidences, JIAT found that on Wednesday (01/11/2017), intelligence information from reliable sources were available to the Coalition Forces on the presence of a group of operators, technicians and ballistic missile experts, one of whom was identified as (Qais Al-Qimantar) at a specific location, in (Sohar) directorate of (Saada) governorate, which is considered to be a legitimate military target of high value, that the destruction of it would achieve a military advantage based on Article (52), paragraph (2) of the First Additional Protocol to the Geneva Conventions.
Verification degrees were also available through intelligence information about the presence of a high-value military target which is (a building in which a group of operators, technicians and ballistic missile experts) in a specific location, and through the implementation of the (reconnaissance and surveillance) operation, which confirmed the intelligence information received, based on customary rule (16) of customary International Humanitarian Law.
The legal protection of the civilian objects (a building in which a group of operators, technicians and ballistic missile experts) lost due to the effective contribution to military actions, and the fact that the target was of high value, in accordance with Article (52), of the First Additional Protocol to the Geneva Conventions.
Accordingly, the Coalition Forces carried out a reconnaissance mission on the target, and at (02:00) AM on Wednesday (01/11/2017), the Coalition Forces targeted (a building in which a group of operators, technicians, and ballistic missile experts), using one guided bomb that hit its target, the Coalition Forces took all feasible precautions to avoid accidental loss of or damage to civilian objects, or to reduce them in any case to a minimum, by choosing the appropriate time to target at (2:00) AM, as markets closes and civilians movement is least, as well as using a single guided bomb which proportional to the size of the target, in accordance with Article (57) of the First Additional Protocol to the Geneva Conventions, and customary rules No. (15) and No. (17) of customary international humanitarian law.
The targeting resulted in the killing of the ballistic missile expert (Qais Ali Al-Qimantar) and several operators, technicians, and ballistic missile experts, , thereby achieving the desired military advantage.
By analyzing the satellite images of the military target site and comparing it with what was published in the media and the reports issued, JIAT found the following:
(1) The target site corresponds to the photos published in the media, as well as the photos attached to the reports issued by international organizations, which is (a building in which a group of operators, technicians, and ballistic missile experts).
(2) The bomb struck the military target directly.
(3) The buildings adjacent to the targeted military target were not affected.
In light of that, JIAT found that the procedures taken by Coalition Forces, in dealing with the legitimate military target (a building in which a group of operators, technicians, and ballistic missile experts) were correct and in accordance with the International Humanitarian Law and its customary rules.
Regarding case number: 191 and with regard to what was mentioned in the letter submitted by Mr. (A.A.W), in which he requested compensation, as a result of the wrong strike that targeted his house in (Saada) governorate, in (Dhul-Qa'dah 1437), his father and (5) members of his family were killed, in addition to the destruction of the house and its accessories.
The JIAT vetted the incident, and reviewed all documents, including procedures and rules of engagement, daily mission schedule, after mission report, video recordings of the mission, satellite images, interviewing and hearing the statements of those concerned, provisions and principles of International Humanitarian Law and its customary rules, and assessment of evidences, JIAT found that the period of the claim witnessed Houthi armed militia infiltrating, and attacking the guard posts and defensive points of the Coalition Forces, located on the international borders of the Kingdom of Saudi Arabia, using medium weapons and mortars to attack the defensive positions of the Coalition Forces, Moreover the Houthi armed militia mobilize their fighters and posting them on the mountain peaks overlooking (Elb) border port.
Moreover, The Coalition Forces received intelligence information which confirmed that Al-Houthi armed militia mobilized its fighters in the (Baqim) directorate to attack the borders of the Kingdom of Saudi Arabia, and that there were fighters from Al-Houthi armed militia inside (a building) using it as a starting point for carrying out hostile operations on the borders of the Kingdom of Saudi Arabia from the (Baqem) directorate, which is considered a legitimate military target whose destruction achieves a military advantage in accordance with Article No. (52), paragraph (2) of the First Additional Protocol to the Geneva Conventions and customary rule No. (8) of International Humanitarian Law.
The Coalition Forces achieved degrees of verification, through ground sources of the legitimate forces inside Yemen, stating that fighters of Al-Houthi armed militia were inside (a building) in (Baqim) directorate, based on customary rule No. (16) of International Humanitarian Law.
The legal protection for civilian objects (the building) lost for the use of it to support the war effort, and the effective contribution to military actions, by the presence of fighters from Al-Houthi armed militia inside it, and using it as a starting point for military operations, in accordance with Article No. (52) paragraph (3) of the First Additional Protocol to the Geneva Conventions.
Accordingly, at (10:55) am on Friday (12/08/2016), the Coalition Forces carried out a mission against a target consisting of (fighters of Al-Houthi armed militia inside a building).
The Coalition Forces took all feasible precautions to minimize losses and collateral damage, by ensuring that no civilians were at the target area, and using a guided bomb commensurate with the size of the building, in accordance with Article No. (57) of the First Additional Protocol to the Geneva Conventions and customary rule No. (17) of International Humanitarian Law.
By studying the satellite images of the targeted building, and the targeting video for the task carried out, JIAT found the following:
1. The military target (the building) of the claim, which elements from Al-Houthi armed militia were present inside it, was in a semi-isolated area from the urban areas.
2. Obvious damage to some parts of (the building) of the claim, before the date of targeting.
3. No movements of civilians or civilian vehicles were observed before and during the targeting.
4. The bomb hit the designated point of the military target (the building) of the claim.
In light of that, JIAT found that the procedures taken by Coalition Forces, in dealing with the legitimate military target (fighters of Al-Houthi armed militia inside a building) of the claim, in (Baqim) directorate of (Saada) governorate on (12/08/2016) were correct, and in accordance with the International Humanitarian Law and its customary rules.
--SPA
13:26 LOCAL TIME 10:26 GMT
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