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Joint Incidents Assessment Team Issues Statement Regarding Allegations against Coalition Forces

Saudi Press Agency

Wednesday 1441/12/29 - 2020/08/19

Riyadh, Aug 19, 2020, SPA -- Official Spokesman of the Joint Incidents Assessment Team (JIAT) in Yemen Legal Counsellor Mansour Al-Mansour refuted a number of claims raised by global bodies and international organizations on errors allegedly committed by the Coalition Forces to Support Legitimacy in Yemen during their military operations inside Yemen.

In a press conference held at the Armed Forces Officers Club in Riyadh today, Al-Mansour reviewed the results of assessing four incidents included in those claims as follows:

With regard to what was stated in the MSF memo, that at (8:30) am on (21/11/2017), an airstrike hit near (a hospital supported by the organization) at a distance of (380) meters from the hospital in (Abs) city of (Hajjah) governorate, the explosion opened the doors of the operating theater inside the hospital, causing panic for patients and impeding the provision of medical care to patients, the impact of the airstrike was a few meters from the main road used at that time by MSF to move to and from the hospital. 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 the Coalition Forces received intelligence information from ground sources inside Yemen about the presence of (fighting elements gatherings) of Al-Houthi armed militia in a specific location in (Abs) city of
(Hajjah) governorate.

At (8:30) am on Tuesday (21/11/2017), the Coalition Forces carried out an air mission against a military target consisting of fighting elements gatherings of Al-Houthi armed militia, using one guided bomb that hit the target. By studying the documents related to the information from the MSF memo, and the documents held by the Coalition Forces, JIAT found the following:
a. The hospital, which is supported by MSF (place of the claim), is located in the north of (Abs) city.
b. The hospital which is supported by MSF (place of the claim) is listed in the Coalition Forces No Strike List (NSL).

By analyzing satellite images of the claim sites and the location of the military target after the date of the claim, the following was found:
1. The military target is located in a semi-isolated area from the buildings.
2. Traces of aerial targeting at the site of the military target.
3. The hospital which is supported by MSF of the claim is located, (920) meters away from the military target, and at a safe distance outside the range of the side effects of targeting.
4. The paved road mentioned in the claim is (440) meters away from the military target, and at a safe distance outside the range of the side effects of targeting.
5. There are no signs of damages to the (hospital) building.
6. There are no signs of damage to the buildings adjacent to the hospital.
7. There are buildings between the hospital and the targeting site, and those buildings were not affected by the targeting.
8. There is a small (hangar) in the site mentioned in the claim, and satellite images after the date of the claim showed that it was safe from any damages.

In light of that, JIAT found that Coalition Forces did not target the claimed location in (Abs) city of (Hajjah) governorate.

With regard to what was stated in the speech of the Special Rapporteur on extrajudicial, summary or arbitrary executions, issued on (15/08/2018) that the Coalition Forces, on (07/05/2018), carried out two airstrikes on the presidential office in the city of (Sana'a), the first airstrike directly hit the presidential building, which was located in a densely populated area at the time, after about (7) minutes, another airstrike hit the building, causing additional losses among the paramedics from the first strike, while the exact number of casualties is unknown, at least (6) civilians were reported dead and (90) others were injured.

With regard to what was stated in the (Billing Cat) website report No. (SAN 10017) issued on (02/11/2019), which states that late in the morning of (07/05/2018) two airstrikes hit (a government building) located in the central (Tahreer) area in the Yemen's capital, munitions were used in quick succession on the building, it is important to note that the presidential palace, or presidential complex, is a large and relatively isolated building and targeting it is likely not to risk a large number of civilian casualties.

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, the open sources, provisions and principles of International Humanitarian Law and its customary rules, and assessment of evidences, JIAT found that , based on intelligence information received by the Coalition Forces, that prominent leaders and members of Al- Houthi armed militia were planning to be present on Monday morning (07/05/2018) in the (Presidential Office) building in (Sana'a), which was seized by Al-Houthi armed militia, and using it to hold meetings of prominent leaders and elements of Al-Houthi armed militia, to plan combat operations, which effectively contributes to the military action for its purpose and use, which is considered a high-value legitimate military target 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, and rule No. (8) of the customary International Humanitarian Law.

The availability of degrees of verification for this mission were available through the intensification of monitoring operations by ground sources, which confirmed the presence of prominent leaders and elements of Al-Houthi armed militia inside the eastern part of the (Presidential Office) building in (Sana'a) before the targeting, based on rule No. (16) of customary international humanitarian law. The legal protection of the civilian objects of the (Presidential Office) building in (Sana'a) city lost, and has become a legitimate military target, because (the building) has been seized and used by Al- Houthi armed militia in planning combat operations and contributes effectively to military action, in accordance with Article (52) of the First Additional Protocol to the Geneva Conventions.

On Monday (07/05/2018) at (9:55) am, the Coalition Forces carried out an air mission on a target consisting of gatherings of prominent leaders and elements of Al-Houthi armed militia, in the (Presidential Office) building in (Sana'a), using two guided bombs that hit their target.

The Coalition Forces have taken all possible precautions to protect civilian objects and reduce collateral damage to a minimum, to achieve the principle of proportionality in choosing the means and methods of warfare, and to achieve the desired military advantage, in accordance with Article (57) of the First Additional Protocol to the Geneva Conventions, and rules No. (15) and (17) of the customary international humanitarian law through the following:

1. The use of two precision-guided bombs proportional to the size of the military target.
2. Targeting the eastern part of the building in which the prominent leaders were present.
3. Ensuring that no civilians were present at the site before and during targeting.

JIAT also found that the (principle of distinction) during the planning and implementation of this military operation was achieved through the following:
1. Confirmation of the presence of the military target (a gathering of prominent leaders and members of Al-Houthi armed militia), and identification of the part of the (Presidential Office) building in (Sana'a) city.
2. Distinguishing the military target by the flight carrying out the mission, in accordance with the mission planning, based on Article (48) of the First Additional Protocol to the Geneva Conventions, and Rule No. (7) of the customary international humanitarian law.

Reports confirmed that (Abdulhakim Al-Mawri), Minister of Interior of Al-Houthi Armed Militia, one of the leaders present in the building, was injured in this operation, and was transferred to (Lebanon) for treatment and died later, reports also confirmed that (Mahdi Hassan Al-Mashat), head of the Supreme Political Council of Al-Houthi armed militia, and four other leaders were injured, in addition to the killing and injuring of many members of Al-Houthi armed militia present at the targeted site, thus, the desired military advantage was achieved based on Article (52), paragraph (2) of the First Additional Protocol to the Geneva Conventions.

By analyzing the satellite images of the military targeted site, the (Presidential Office) building, JIAT found the following:
1. Traces of air targeting on the eastern part of the (Presidential Office) building.
2. No traces of air targeting on the buildings adjacent to the military target shall.

By studying the targeting videos, JIAT found the following:
1. The targeting pod was pointing directed to the eastern part of the (Presidential Office) building.
2. The first bomb fell on the eastern part of the (Presidential Office) building, and was a direct hit.
3. The second bomb fell on the same place as the first bomb, and was a direct hit.
4. No civilians and vehicle movements around the (Presidential office) building, before and during the targeting.
5. There were no ambulances and paramedics in the claimed sight after the first targeting, and before and during the second targeting operation.

By analyzing the videos and reports that were published in the media and open sources JIAT found the following:
1. Civilian vehicles parked next to the (Presidential office) building, on the northern side were damaged as a result of the air blast.
2. Some of those vehicles parked next to the (Presidential office) building carrying pictures of Al-Houthi armed militia leaders.

In light of that; JIAT reached the following results:
1. The procedures taken by Coalition Forces, in dealing with the legitimate military target the (Presidential office) building in the city of (Sana'a) of the claim, which was seized and used by Al-Houthi armed militia to hold meetings, were correct and in accordance with the International Humanitarian Law and its customary rules.
2. It is appropriate for the Coalition States to provide assistance, as a result of the damage to some parked vehicles next to the fence of the (Presidential office) building caused by the air blast.

With regard to what was stated in the (Human Rights Watch) report issued in (November 2015), entitled (What is the military objective in my brother's house), that on (12 July 2015) at about (00:30) am, an airstrike killed (23) persons from one family, including (7) women and (14) children, in (Al-Ummal neighborhood in Sawan area) in (Sana'a), on the coordinate (N15 ° 22 '48.43 "E44 ° 14' 19.99"), the airstrike also wounded (31) people, (Human Rights Watch) inspected the site on (20 July 2015), the explosion resulted in the destruction of (10) small single-story houses, and damaging (50) other buildings, (the Amnesty International) photographed the remains of the control and guidance wings of a laser-guided bomb at the site of the attack, we could not distinguish whether the bomb was deliberately directed to the point at which it exploded, or if the guidance system malfunctioned or another error occurred. The JIAT vetted the incident, and reviewed all documents, including procedures and rules of engagement, daily mission schedule, after mission report, interviewing and listening to the statements of those involved, reviewing the documents related to the targeting, satellite images, provisions and principles of International Humanitarian Law and its customary rules, and assessment of evidences, JIAT found that before midnight of Sunday (12/07/2015) and early morning of Monday (13/07/2015), the Coalition Forces carried out two air missions on (4) military targets inside a military base consisting of (weapons depots) as follows:
1. On Sunday NIGHT (12/07/2015) At (23:55), an air mission was carried out on a (military target) consisting of (2) (weapons depots) on specific point inside a military base in the city of (Sana'a), using two guided bombs that hit their target.
2. On Monday night (13/07/2015) at (00:30) am, an air mission was carried out on a (military target) consisting of (2) (weapons depots) on specific point inside a military base in the city of (Sana'a), using two guided bombs, the first bomb hit its target, but the second bomb did not hit its target.

By analyzing of satellite images of the targeting site of the air mission executed on military targets after the date of the claim, the following was found:
1. The military target (4weapons depots) is located inside a military base in the capital (Sana'a), at a distance of (1.3) km from the claimed location.
2. Traces of aerial targeting on three (weapons depots).
3. No traces of aerial targeting on the fourth military target (weapons depots).

By analyzing of satellite images of the claimed site in the (Sawan) area, after the date of the claim, the following was found:
1. The coordinate issued by the claim authority, is located on a vacant land free of buildings.
2. A number of buildings were damaged approximately (100) meters away from the claimed location.

By studying and evaluating the after-mission report carried out on Sunday (12/07/2015) at (23:55), on the two military targets, it was found that the two bombs fell on the two specified targets (weapons depots) and was a direct hit.

By analyzing the video recordings of the air mission carried out on the two military targets on Sunday (12/07/2015) at (23:55), the following was found:
1. Reconnaissance of the target area before executing the first mission, and identifying the target by the executing air formation.
2. The two bombs fell on the two targets specified for the first mission (two weapons depots) as planned.

By studying and evaluating the after-mission report carried out on Monday (13/07/2015) at (00:30), on the military targets (2weapons depots), the following was found:
1. The first bomb hit the specified target (weapons depot) and was a direct hit.
2. The second bomb did not hit the specified target (weapons depot), as a result of a defect in the bomb.
3. The air crew could not identify the second bomb fell on the specified target.

By looking at open sources and published reports on the incident, the following was found:
1. The picture attached to the (Human Rights Watch report) of the claim site is identical in terms of description and location to the location of the prosecution contained in the open sources in (Al-Ummal neighborhood in Sawan area) in the capital (Sana'a).
2. In TV report about the incident, it was found that (a building) and a number of neighboring buildings were damaged in (Al-Ummal neighborhood in Sawan area) in the capital (Sana'a), and was the same building attached to the (Human Rights Watch) report, for the claimed site.
3. The timing of the incident reported in open sources, was after midnight on (13/07/2015), which is close to the time of the military operation carried out on (13/07/2015).

In light of that; JIAT reached the following results:
1. The procedures taken by Coalition Forces, in dealing with the legitimate military target (weapons depots) were correct and in accordance with the International Humanitarian Law and its customary rules.
2. The fourth bomb did not fall on its designated target (weapons depot).
3. JIAT believes that it is most likely the bomb that did not hit the specified target (weapons depot) was due to a defect in the bomb itself.

JAIT also recommends the following:
1. It is appropriate for the Coalition States to provide assistance for human and material losses, that occurred due to the possibility of one of the bombs falling on (Al-Ummal neighborhood in Sawan area) in the capital (Sana'a) of the claim, as a result of a bomb defect.
2. The Coalition Forces to study the reasons why the bomb did not fall on the specific military target, and put in place measures to prevent this from happening in the future.

Regarding what was stated in the MSF memo, that at (15:49) local time on (05/04/2018), an MSF plane with its crew was preparing to take-off from (Sana'a airport), and the Coalition was aware of the presence of the plane at the airport and given permission to take-off, meanwhile, explosions occurred at the western border of (Sana'a) airport, and thus the crew decided to speed up the take-off, fearing more explosions at or near the airport and to ensure departure. 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, permits given to the MSF, provisions and principles of International Humanitarian Law and its customary rules, and assessment of evidences, JIAT found that on the date of the claim Thursday (05/04/2018) at (11:40) am, the Coalition Forces carried out an air mission against a military target about (3.5) km away from (Sana'a airport), using guided bombs that hit their targets.

By analyzing the satellite imagery after the date of the claim for the targeted site and the location of the claim the following was found:
1. The military target is located in an isolated area, (3.5) km from (Sana'a airport).
2. Traces of air targeting on the military target.
3. No other traces of air targeting, except for the one mentioned above.

By studying the data related to the claim and analyzing the facts, JIAT reached the following results:
1. The MSF plane was issued a permit to take-off and landing from the (Sana'a airport) on Thursday (05/04/2018) during the period from (13:00) to (18:00) local time.
2. The targeting time was at (11:40) am on (05/04/2018).
3. The bombs hit the military target.
4. It was stated in the claim that at (15:49) local time on (05/04/2018) an MSF plane with its crew was preparing to take-off from (Sana'a airport), then explosions occurred at the western border of (Sana'a airport).
5. There was more than (4) hours difference between the timing of the explosions mentioned in the claim and the mission carried out by the Coalition Forces.
6. The timing of the air mission carried out by the Coalition Forces was sufficiently long before the time of the authorization granted to MSF, to ensure that the flight of the organization's plane was not disrupted.
7. The Coalition Forces did not carry out any other air missions on the city of (Sana'a) on the date stated in the claim (05/04/2018).

In light of that, JIAT found that the Coalition Forces were not responsible for the explosions that occurred on the western border of (Sana'a airport) at (15:49) local time on (05/04/2018) as claimed.

--SPA
18:10 LOCAL TIME 15:10 GMT
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