Yemen: Coalition used UK cruise missile in unlawful airstrike

Yemen: Coalition used UK cruise missile in unlawful airstrike

UK should stop selling air-to-ground munitions to Saudi Arabia-led forces

AMNESTY INTERNATIONAL
HUMAN RIGHTS WATCH
JOINT PRESS RELEASE

25 November 2015

The Saudi Arabia-led coalition used a British-made cruise missile to destroy a Yemeni ceramics factory, a civilian object, on 23 September, 2015, Amnesty International and Human Rights Watch said today, based on field research and interviews with eyewitnesses at the scene.

The attack on the factory in the Sana’a governorate, which appeared to be producing only civilian goods, killed one person, and was in apparent violation of international humanitarian law (IHL), the laws of war.

This strike, using a British missile supplied in the 1990s, undermines the claim of Ministers that the Saudi Arabia-led coalition’s use of UK military equipment is consistent with IHL, and that the UK monitors such compliance “very carefully”. The organizations are unaware of any credible coalition investigation into this or other apparently unlawful airstrikes for possible IHL violations.

“The UK Foreign Secretary Philip Hammond claims he favours ‘proper investigations’ into possible breaches of the laws of war in Yemen. This strike provides a perfect test case – the UK should urgently press the Saudi Arabia-led coalition to open a credible investigation into this strike, as well as others that appear to have violated the laws of war,” said Lama Fakih, Senior Crisis Advisor at Amnesty International.

“The latest revelations show UK policy to be both misleading and seriously ineffective. Despite multiple, well-documented cases of violations of the laws of war by the Gulf coalition in Yemen, UK Ministers have consistently refused to acknowledge this. The UK should suspend further sales of aerial munitions to coalition members pending a thorough investigation into this case, and other apparently unlawful air strikes,” said David Mepham, UK Director at Human Rights Watch.

Analysis of weapon remnants
Amnesty International and Human Rights Watch have examined the weapon remnants at the 23 September strike site and identified the munition used as a PGM-500 ‘Hakim’ air-launched cruise missile, supplied in the mid-1990s and manufactured by the UK firm Marconi Dynamics. The analysis compared fragments photographed at the strike site with unexploded remnants of the same missile type from a separate strike and found both were consistent with the deployment of an air-launched PGM-500 ‘Hakim’. The other recorded strike using this type of cruise missile hit an open field on 4 or 5 November in Sahar in Sa’da governorate in northern Yemen and did not result in any known casualties.

Marconi markings are clearly visible on a component part recovered from the Sana’a strike site. Stocks of this missile are in service with the United Arab Emirates (UAE) Air Force, which has the capability to fire them from both Mirage 2000s and F-16F aircraft.

Witness accounts of 23 September strike
Amnesty International staff visited the Sana’a strike site on 6 November and they, as well as Human Rights Watch, later interviewed one of the factory owners and other witnesses to the strike.

The airstrike took place between 11 and 11:30 a.m. on 23 September in the village of Matna in Beni Matar district, west of Sana’a. Witnesses and one of the factory owners said that four missiles hit the Radfan Ceramics Factory in quick succession.

Ibrahim Ghaleb Mohammad al-Sawary, the son of one of the factory directors, who was in the vicinity during the attack, told Human Rights Watch: “I was getting ready to pray, leaning back on the wall of the factory when suddenly I heard whizzing followed by a very loud explosion. I started running away but less than two minutes later we heard the second explosion. I saw people running away from their homes – kids, older people and young people – all of them scared like us and running away without knowing where.”

He later returned to the factory, which had smoke rising from it and was in ruins, particularly the section with heavy machines used to heat and press the ceramics, which was entirely destroyed.

One man in the vicinity, Yahya Abd al-Karim al-Sawary, 28, was killed by shrapnel as he was fleeing the area. A local resident who asked to remain anonymous told Human Rights Watch that the victim had been working as a guard at a makeshift detention facility run by Ansarullah, the political wing of the Huthis, a Zaidi Shi’a armed group in northern Yemen. The site had originally been a government building known as the Productive Families Centre, approximately 140 metres from the factory compound. The airstrikes did not hit the detention facility.

Ali Ahmad al-Faqih, 55, who was injured in the attack, said that he had been on a motorbike trying to check on his family who live next to the factory during a brief lull between airstrikes – not realizing the attack had not finished: “I heard a whizz and knew it was a rocket coming,” he said. “I lay down and prayed out loud. I saw all my body covered in blood.” Al-Faqih was later taken to a private hospital, where he underwent surgery to remove shrapnel from his chest.

Another local resident told Human Rights Watch that a second civilian, Elham Hussein Hussein Taher, a 14-year-old girl who lived near the factory, was also injured in the attack.

Ghalib Muhammad al-Sawary, one of the factory owners, told Amnesty International that the factory had never been used for any military purpose. Other witnesses told Human Rights Watch that no fighters or military vehicles were in or near the factory at the time of the attack.

On-site investigation
During its on-site investigation Amnesty International did not observe any evidence that would indicate that the factory had been used for a military purpose. The organization observed that the area directly surrounding the factory compound appeared to be residential and that it was next to the 26 September Hospital.

The strikes on the factory caused minor damage to the hospital. Amnesty International visited the hospital on 6 November and observed the damage and spoke with staff who had been there during the strike.

The owners of the ceramics factory, which opened in 1994, said that it was the only such facility in the country, and employed around 330 workers, primarily from the village of Matna. However, its owners said they were forced to stop operations in April this year due to security fears for its staff and difficulties obtaining fuel to operate machinery.

IHL prohibits deliberate attacks on civilians not taking a direct part in hostilities and on civilian objects, and attacks that do not distinguish between civilians or civilian objects and combatants or military objectives, or that cause disproportionate harm to civilians or civilian objects in relation to the direct military advantage that may be anticipated. Such attacks are serious violations of IHL and if committed with criminal intent can constitute war crimes.

All countries have legal responsibilities under international law to control the transfer of weapons and to restrict or prohibit their transfer in certain circumstances. The UK is a party to theArms Trade Treaty (ATT), which came into force in late 2014, and played a leading role in its establishment. Under article 6 of the treaty, a country is prohibited from authorizing an arms transfer if it has knowledge at the time of authorization that the arms would be used in the commission of “attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party.” Further, article 7 of the ATT requires that states assess the potential that the arms being exported could be used to commit a serious violation of international human rights or humanitarian law; if there is an overriding risk of this, their export shall not be authorized.

As it is now evident that there is such a risk, the UK and all other countries that supply arms to the members of the Saudi Arabia-led coalition should suspend all transfers of weapons that pose a substantial risk of being used in unlawful airstrikes in Yemen, particularly air-to-ground munitions, Amnesty International and Human Rights Watch said.

An independent international inquiry should be established to investigate alleged violations by all parties to the conflict in Yemen, establish the facts, and identify those responsible for violations with a view to ensuring that they are held accountable.

Public Document
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To download images of the weapon remnants from the 23 September airstrike, please visit:
https://www.dropbox.com/sh/rkmojcws9e265m7/AAD-_H99Ci0-j2tGzsHa7zkSa?dl=0


For more information or to arrange interviews, please contact:
For Amnesty International:
In London, Amnesty International’s press office:+44 20 7413 5566 or +44 (0) 777 847 2126; email: press@amnesty.org

For Human Rights Watch:
In London, David Mepham (English): +44-7572-603-995 (mobile); or mephamd@hrw.org. Twitter @mephamd
In Erbil, Belkis Wille (English, Arabic, French, German): +964-751-139-4857 (mobile); orwilleb@hrw.org. Twitter: @belkiswille

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Saudi War Fought with US help

In Yemen, a Saudi War Fought With U.S. Help

The unexploded cluster bombs are an increasingly common sight in Yemen’s farms and small villages, a visible reminder of Saudi Arabia’s continuing air war there – and of Washington’s large but little-known role in arming and fueling Riyadh’s warplanes.

When the Saudi-led coalition of Sunni Arab nations began their bombing campaign against the Iranian-backed Houthi rebel movement in March, the allies promised a quick, sharp air war to push the rebels out of the capital city of Sanaa. But eight months later, the fighting has only intensified. First, ground troops from Saudi Arabia and the United Arab Emirates stormed into the country in U.S.-made armored vehicles as part of a push to blunt perceived Iranian influence in the region and return ousted President Abed Rabbo Mansour Hadi  to power. Those troops were later joined by hundreds of soldiers from Egypt, Qatar and Sudan.

While the fighting on the ground has been intense, it is the air war that has caused the most destruction, with warplanes circling Sanaa and the small villages throughout the country looking for military targets, but too often hitting civilians instead. The United Nations estimates that the war has resulted in the deaths of over 2,500 civilians, including hundreds of women and children.

A top Royal Saudi Air Force general recently insisted that his country is “sticking to the rules, the international rules and Geneva Convention, first, and law of conflict.” Despite the rising civilian death toll, “we don’t target civilians,” he said.

Riyadh has come under fierce criticism from outside human rights groups, who have charged the country’s air force of bombing civilian targets without investigating afterward, or admitting responsibility. “The obligation of any warring party is to conduct a serious investigation” into charges of civilian deaths said Joe Stork, Middle East and North Africa deputy director for Human Rights Watch. “The Saudis have simply not done that.”

Continue at: https://foreignpolicy.com/2015/11/23/in-yemen-a-saudi-war-fought-with-u-s-help/

Saudi Coalition aircraft targeted a hospital belonging to MSF [Arabic]

[Translated Summary from: http://al-akhbar.com/node/244991%5D

Saudi Coalition aircraft targeted a hospital belonging to MSF in Sa`dah a few days ago, shedding light on the fact Saudi aggression does not stop at hospitals, health facilities or paramedics.  

“Saudi attacks have targeted 289 health clinics and centres” stated Tamim as-Shami, spokesman for the Yemeni Ministry of Health.
Military aggression and the blockade imposed on Yemen is leading to a decline in the health care situation in clinics, hospitals and centres of healthcare provision at both state and private level in a country that already suffers from many basic problems in infrastructure. The war has compounded the hardships of Yemen’s hospitals which from a severe lack of drugs and medical supplies to the point of catastrophe; the numbers of victims is increasing every day because of hospitals’ inability to provide necessary medical care.  
Sanaa’s blood bank may soon be forced to closed due to a lack of fuel to run the generators and basic medical supplies
Sa`dah is an exceptional area in the current assault over Yemen, as the assault has targeted systematically its hospitals and centres and infrastructure and all elements essential for life.  The latest statistics reveal that the largest number of victims are from this area.  Dr Mahmud Ishaq whose work spans several hospitals in the region stated that “Epidemics are now spreading due to the toxic gasses produced by constant and methodical bombardment. Sa`dah has been cut off from the capital due to bombardments.”  The spokesman for the Ministry of Health, Tamim as-Shami stated that “in areas such as Sa`dah under intensive attack, only  10% of health care needs are being met since the Ministry cannot reach the area and its medical personnel given the attacks on communication networks, bridges and infrastructure.”
Dr Ishaq noted in this regard that “some health personnel have left the region following the bombardment and there are whole families buried under their houses and hundreds have been killed leading some health specialists to flee.  But we are continuing to provide what we can in the way of health services with such personnel as remains and we have not stopped.”
The Coordinator for UN Humanitarian Affairs Johannes Van der Klaauw stated at the beginning of the month that 15million of a population of 25 million now have little access to healthcare.

[See alsohttp://www.unmultimedia.org/radio/english/2015/09/humanitarian-catastrophe-unfolds-in-yemen/#.VjTvxysRrl4