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The war in Yemen (2015-Present)
Introduction:
The war in Yemen has created another humanitarian catastrophe, wrecking a country
that was already the poorest in the Arab world. With millions of people now on the brink
of famine, the need for a comprehensive cease-fire and political settlement is ever more
urgent. Yemenis have suffered tremendous hardships from air bombardments, rocket
attacks, and economic blockades. According to the U.N., approximately 4,000 civilians
have been killed, the majority in Saudi-led coalition airstrikes. All parties to the conflict
stand accused of war crimes, including indiscriminate attacks on civilian areas .
Abstract:
Who is fighting whom?
Yemen is one of the Arab world's poorest countries, has been devastated by a war
between forces loyal to the internationally-recognized government of President
Abdrabbuh Mansour Hadi and those allied to the Houthi rebel movement.
More than 7,600 people have been killed and 42,000 injured since March 2015, the
majority in air strikes by a Saudi-led multinational coalition that backs the president.
The conflict and a blockade imposed by the coalition have also triggered a humanitarian
disaster, leaving 70% of the population in need of aid.
How did the war start?
According to BBC news Report March 28, 2017 “The conflict has its roots in the failure
of the political transition that was supposed to bring stability to Yemen following an
uprising that forced its longtime authoritarian president, Ali Abdullah Saleh, to hand over
power to Mr Hadi, his deputy, in November 2011.”
Mr Hadi struggled to deal with a variety of problems, including attacks by al-Qaeda, a
separatist movement in the south, the continuing loyalty of many military officers to Mr
Saleh, as well as corruption, unemployment and food insecurity.
The Houthi movement, which champions Yemen's Zaidi Shia Muslim minority and
fought a series of rebellions against Mr Saleh during the previous decade, took
advantage of the new president's weakness by taking control of their northern heartland
of Saada province and neighbouring areas.
Disillusioned with the transition, many ordinary Yemenis - including Sunnis - supported
the Houthis and in September 2014 they entered the capital, Sanaa, setting up street
camps and roadblocks.
In January 2015, the Houthis reinforced their takeover of Sanaa, surrounding the
presidential palace and other key points and effectively placing Mr Hadi and his cabinet
ministers under house arrest.The president escaped to the southern port city of Aden
the following month.
The Houthis and security forces loyal to Mr Saleh then attempted to take control of the
entire country, forcing Mr Hadi to flee abroad in March 2015.Alarmed by the rise of a
group they believed to be backed militarily by regional Shia power Iran, Saudi Arabia
and eight other mostly Sunni Arab states began an air campaign aimed at restoring Mr
Hadi's government.
The coalition received logistical and intelligence support from the US, UK and
France.After two years of fighting, no side appears close to a decisive military
victory.Pro-government forces - made up of soldiers loyal to President Hadi and
predominantly Sunni southern tribesmen and separatists - were successful in stopping
the rebels taking Aden, but only after a fierce, four-month battle that left hundreds dead.
ResearchQuestions:
1.How does International Law Categories the armed conflict in Yemen ?
International humanitarian law , or the law of war , between “International” and “non
International “ armed conflict . under the Geneva convention of 1949, the laws
concerning international armed conflicts apply to all cases of armed conflict between
two or more states . While International humanitarian law provides no guidance on
whether an entity such as the houthi’s represents the yemeni state, as a matter of
General international law , the houthi authority does not appear to meet the
requirements of statehood .
For a non international armed conflict , the parties can be between government forces
and one or more non state armed groups , or between two or more non state armed
groups . For the purpose of International Law, the armed group must exhibit sufficient
organization and control to capable of sustaining military operations and adhering to
international humanitarian law , so they can be considered “parties” to the conflict . to
constitute an armed conflict, there also needs to be a sufficient degree of intensity on
hostilities between the parties , measured by the weapons employed , duration and
other factors .
Even Though many countries are involved in the conflict in Yemen , the fighting does
not involve one state engaged in armed conflict with another state, so it is not an
international armed conflict . Instead the legel regime for a non international armed
conflict applies. As a practical matter, international humanitarian law on the means and
methods of warfare is largely the same whether an international or non-international
armed conflict . A Key difference is that during an international armed conflict , captured
soldiers from national armed forces and associated militias must be given the full
protections afforded prisoners of war
2. What law is applicable to the fighting in Yemen and who is bound
by it? 

The non-international armed conflict between coalition forces with its Yemeni allies and
the Houthi forces and their Yemeni allies is governed by international humanitarian law
set out in treaties and in the rules of customary international law. The most important
treaty law is Common Article 3 to the Geneva Conventions of 1949, to which all
members of the coalition are party. Common Article 3, as discussed below, sets forth
minimum standards for all parties to a non-international armed conflict. Yemen and
some states participating in the armed conflict are also party to Protocol II to the
Geneva Conventions, which provides further protections for combatants and civilians
during non-international armed conflicts.
All parties to Yemen’s armed conflict including non-state armed groups are responsible
for complying with the requirements of international humanitarian law. That is, each
party must respect and ensure respect for the laws of war. This obligation does not
depend on reciprocity. Parties to a conflict must respect the requirements whether or
not the opposing side abides by them. It also does not depend on the reason underlying
the conflict or why any party has resorted to using force, whether government forces or
non-state armed groups. And all parties to an armed conflict are held to the same
standards, regardless of any disparity in the harm caused by alleged violations.
3. Is the United States a party to the conflict in Yemen ?
Whether the US is a party to the armed conflict in Yemen depends on the nature of its
involvement in the fighting, which is currently unclear.
International law sets forth no specific criteria for determining when one state assisting
another state in a non-international armed conflict itself becomes a party to that conflict.
Human Rights Watch believes this would include when a state’s military forces
participate in combat operations, when the state provides a direct role in organizing,
coordinating or planning military operations, or when the state acknowledges that it is a
party to the conflict. A state’s indirect involvement by its general provision of military aid,
financial assistance or political support would not make it a party to a conflict.
The facts of US involvement in operations in Yemen are unclear. Refueling planes on a
bombing mission or providing intelligence used to strike targets would, Human Rights
Watch believes, make the US a party to the conflict.
The distinction is significant. As a party to the conflict in Yemen, the US would be fully
bound by applicable international humanitarian law. US participation in specific military
operations, such as bombing raids, could make US forces jointly responsible for laws-
of-war violations by allied forces. And the US would be obligated to assist in
investigations where there are credible allegations of war crimes and hold those
responsible to account.
4. Does International Human Rights Law still apply in Yemen ?
Even during armed conflict situations, in which the laws of war apply, international
human rights law remains in effect. Yemen and the other countries involved in the
fighting are all party to a number of human rights treaties, including, the International
Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. These treaties outline
guarantees for fundamental rights, many of which correspond to the rights to
which combatants and civilians are entitled under international humanitarian law (e.g.
the prohibition on torture and inhuman and degrading treatment, the requirements for
nondiscrimination, right to a fair trial).
While the ICCPR permits some restrictions on certain rights during wartime or an
officially proclaimed public emergency “threatening the life of the nation,” any reduction
in rights during a public emergency must be of an exceptional and temporary nature,
and limited “to the extent strictly required by the exigencies of the situation.” Certain
fundamental rights—such as the right to life and the right to be secure from torture and
other ill-treatment, the prohibition on unacknowledged detention, the duty to ensure
judicial review of the lawfulness of detention, and rights to a fair trial—must always be
respected, even during a public emergency.
5.What does internationallaw say aboutchild soldiers?
Human Rights Watch has since 2009 reported on the use of child soldiers by Houthi
forces.The Optional Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict, to which Yemen is a party, provides that non-
state armed groups “should not, under any circumstances, recruit or use in hostilities
persons under the age of eighteen." In addition, the protocol sets 18 as the minimum
age for any participation in armed conflict by national armed forces.Under the laws of
war, the recruitment or use of children under 15 by parties to a conflict is a war crime,
for which commanders can be held criminally responsible.
Conclusion:
The tragic war in Yemen needs a political solution urgently. UN Security Council
Resolution 2216 provides a one-sided path forward. A better solution would outline a
path forward for all the parties. All parties involved need to back off their extreme
positions. Some creative imagination needs to be given to this crisis sooner rather than
later .
Refrences :
1. Sultan Barakat ( Tuesday, March 31, 2015 ) ,Topic : Saudi Arabia’s war in Yemen
Retreived 26.04.2017 12:23am from
https://www.brookings.edu/blog/markaz/2015/03/31/saudi-arabias-war-in-yemen-the-
moral-questions/
2. Jeremy Shapiro (Thursday, March 26, 2015) , Topic : Why are 10 countries attacking
Yemen Retreived 26.04.2017 12:26am from
https://www.brookings.edu/blog/order-from-chaos/2015/03/26/why-are-10-countries-
attacking-yemen/
3. Steven R. Koltai With Matthew Muspratt (August 30, 2016) Book : Peace Through
Entrepreneurship Retreived 26.04.2017 12:29am from
https://www.brookings.edu/book/peace-through-entrepreneurship/
4. Hafez Ghanem ( December 29, 2015 ) Book : The Arab Spring Five Years Later
Retreived 26.04.2017 12:31am from
https://www.brookings.edu/book/the-arab-spring-five-years-later-toward-greater-
inclusiveness/
5. Human Rights Watch The Conflict in Yemen and International Law April 2015
Retreived 26.04.2017 12:33am from
https://www.hrw.org/sites/default/files/related_material/qa.2015.4.7.TheConflictinYemen
andInternationalLaw.pdf
6. ALAN TAYLOR (MAY 7, 2015) Topic : The Saudi Arabia-Yemen War of 2015
Retreived 26.02.2017 12:57am from
https://www.theatlantic.com/2015/05/the-saudi-arabia-yemen-war-of-2015/392687/
7. BBC NEWS ( 28 March 2017 ) Yemen crisis: Who is fighting whom? Retreived
26.02.2017 12:59am from
http://www.bbc.com/news/world-middle-east-29319423
8. Al Jazeera (1 AUGUST 2016) Key facts about the war in Yemen , Retreived
26.02.2017 1:01am from
http://www.aljazeera.com/news/2016/06/key-facts-war-yemen-160607112342462.html
9. Amnesty International ( 09/2015 ) Yemen The Forgotten War , Retreived 26.02.2017
1:04am from
https://www.amnesty.org/en/latest/news/2015/09/yemen-the-forgotten-war/
10. Matt Purple (April 12, 2016) Why Saudi Arabia is Hammering Yemen Retreived
26.02.2017 1:07am from
http://nationalinterest.org/feature/why-saudi-arabia-hammering-yemen-15748
11. Mohammed Alyahya (June 3, 2015) Why did Saudi Arabia intervene in Yemen?
Retreived 26.02.2017 1:08am from
http://www.al-monitor.com/pulse/originals/2015/06/yemen-saudi-arabia-iran-houthis-
support-military.html
12. Bruse Reide (October 27,2015) How to end the War in Yemen Retrieved
02.08.2017 2:05am from
http://www.al-monitor.com/pulse/originals/2015/10/yemeni-endgame.html

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The war in yemen

  • 1. The war in Yemen (2015-Present) Introduction: The war in Yemen has created another humanitarian catastrophe, wrecking a country that was already the poorest in the Arab world. With millions of people now on the brink of famine, the need for a comprehensive cease-fire and political settlement is ever more urgent. Yemenis have suffered tremendous hardships from air bombardments, rocket attacks, and economic blockades. According to the U.N., approximately 4,000 civilians have been killed, the majority in Saudi-led coalition airstrikes. All parties to the conflict stand accused of war crimes, including indiscriminate attacks on civilian areas . Abstract: Who is fighting whom? Yemen is one of the Arab world's poorest countries, has been devastated by a war between forces loyal to the internationally-recognized government of President Abdrabbuh Mansour Hadi and those allied to the Houthi rebel movement. More than 7,600 people have been killed and 42,000 injured since March 2015, the majority in air strikes by a Saudi-led multinational coalition that backs the president. The conflict and a blockade imposed by the coalition have also triggered a humanitarian disaster, leaving 70% of the population in need of aid.
  • 2. How did the war start? According to BBC news Report March 28, 2017 “The conflict has its roots in the failure of the political transition that was supposed to bring stability to Yemen following an uprising that forced its longtime authoritarian president, Ali Abdullah Saleh, to hand over power to Mr Hadi, his deputy, in November 2011.” Mr Hadi struggled to deal with a variety of problems, including attacks by al-Qaeda, a separatist movement in the south, the continuing loyalty of many military officers to Mr Saleh, as well as corruption, unemployment and food insecurity. The Houthi movement, which champions Yemen's Zaidi Shia Muslim minority and fought a series of rebellions against Mr Saleh during the previous decade, took advantage of the new president's weakness by taking control of their northern heartland of Saada province and neighbouring areas. Disillusioned with the transition, many ordinary Yemenis - including Sunnis - supported the Houthis and in September 2014 they entered the capital, Sanaa, setting up street camps and roadblocks. In January 2015, the Houthis reinforced their takeover of Sanaa, surrounding the presidential palace and other key points and effectively placing Mr Hadi and his cabinet ministers under house arrest.The president escaped to the southern port city of Aden the following month. The Houthis and security forces loyal to Mr Saleh then attempted to take control of the entire country, forcing Mr Hadi to flee abroad in March 2015.Alarmed by the rise of a
  • 3. group they believed to be backed militarily by regional Shia power Iran, Saudi Arabia and eight other mostly Sunni Arab states began an air campaign aimed at restoring Mr Hadi's government. The coalition received logistical and intelligence support from the US, UK and France.After two years of fighting, no side appears close to a decisive military victory.Pro-government forces - made up of soldiers loyal to President Hadi and predominantly Sunni southern tribesmen and separatists - were successful in stopping the rebels taking Aden, but only after a fierce, four-month battle that left hundreds dead. ResearchQuestions: 1.How does International Law Categories the armed conflict in Yemen ? International humanitarian law , or the law of war , between “International” and “non International “ armed conflict . under the Geneva convention of 1949, the laws concerning international armed conflicts apply to all cases of armed conflict between two or more states . While International humanitarian law provides no guidance on whether an entity such as the houthi’s represents the yemeni state, as a matter of General international law , the houthi authority does not appear to meet the requirements of statehood . For a non international armed conflict , the parties can be between government forces and one or more non state armed groups , or between two or more non state armed groups . For the purpose of International Law, the armed group must exhibit sufficient
  • 4. organization and control to capable of sustaining military operations and adhering to international humanitarian law , so they can be considered “parties” to the conflict . to constitute an armed conflict, there also needs to be a sufficient degree of intensity on hostilities between the parties , measured by the weapons employed , duration and other factors . Even Though many countries are involved in the conflict in Yemen , the fighting does not involve one state engaged in armed conflict with another state, so it is not an international armed conflict . Instead the legel regime for a non international armed conflict applies. As a practical matter, international humanitarian law on the means and methods of warfare is largely the same whether an international or non-international armed conflict . A Key difference is that during an international armed conflict , captured soldiers from national armed forces and associated militias must be given the full protections afforded prisoners of war 2. What law is applicable to the fighting in Yemen and who is bound by it? 
 The non-international armed conflict between coalition forces with its Yemeni allies and the Houthi forces and their Yemeni allies is governed by international humanitarian law set out in treaties and in the rules of customary international law. The most important treaty law is Common Article 3 to the Geneva Conventions of 1949, to which all
  • 5. members of the coalition are party. Common Article 3, as discussed below, sets forth minimum standards for all parties to a non-international armed conflict. Yemen and some states participating in the armed conflict are also party to Protocol II to the Geneva Conventions, which provides further protections for combatants and civilians during non-international armed conflicts. All parties to Yemen’s armed conflict including non-state armed groups are responsible for complying with the requirements of international humanitarian law. That is, each party must respect and ensure respect for the laws of war. This obligation does not depend on reciprocity. Parties to a conflict must respect the requirements whether or not the opposing side abides by them. It also does not depend on the reason underlying the conflict or why any party has resorted to using force, whether government forces or non-state armed groups. And all parties to an armed conflict are held to the same standards, regardless of any disparity in the harm caused by alleged violations. 3. Is the United States a party to the conflict in Yemen ? Whether the US is a party to the armed conflict in Yemen depends on the nature of its involvement in the fighting, which is currently unclear. International law sets forth no specific criteria for determining when one state assisting another state in a non-international armed conflict itself becomes a party to that conflict. Human Rights Watch believes this would include when a state’s military forces participate in combat operations, when the state provides a direct role in organizing, coordinating or planning military operations, or when the state acknowledges that it is a
  • 6. party to the conflict. A state’s indirect involvement by its general provision of military aid, financial assistance or political support would not make it a party to a conflict. The facts of US involvement in operations in Yemen are unclear. Refueling planes on a bombing mission or providing intelligence used to strike targets would, Human Rights Watch believes, make the US a party to the conflict. The distinction is significant. As a party to the conflict in Yemen, the US would be fully bound by applicable international humanitarian law. US participation in specific military operations, such as bombing raids, could make US forces jointly responsible for laws- of-war violations by allied forces. And the US would be obligated to assist in investigations where there are credible allegations of war crimes and hold those responsible to account. 4. Does International Human Rights Law still apply in Yemen ? Even during armed conflict situations, in which the laws of war apply, international human rights law remains in effect. Yemen and the other countries involved in the fighting are all party to a number of human rights treaties, including, the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. These treaties outline guarantees for fundamental rights, many of which correspond to the rights to which combatants and civilians are entitled under international humanitarian law (e.g. the prohibition on torture and inhuman and degrading treatment, the requirements for nondiscrimination, right to a fair trial).
  • 7. While the ICCPR permits some restrictions on certain rights during wartime or an officially proclaimed public emergency “threatening the life of the nation,” any reduction in rights during a public emergency must be of an exceptional and temporary nature, and limited “to the extent strictly required by the exigencies of the situation.” Certain fundamental rights—such as the right to life and the right to be secure from torture and other ill-treatment, the prohibition on unacknowledged detention, the duty to ensure judicial review of the lawfulness of detention, and rights to a fair trial—must always be respected, even during a public emergency. 5.What does internationallaw say aboutchild soldiers? Human Rights Watch has since 2009 reported on the use of child soldiers by Houthi forces.The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict, to which Yemen is a party, provides that non- state armed groups “should not, under any circumstances, recruit or use in hostilities persons under the age of eighteen." In addition, the protocol sets 18 as the minimum age for any participation in armed conflict by national armed forces.Under the laws of war, the recruitment or use of children under 15 by parties to a conflict is a war crime, for which commanders can be held criminally responsible. Conclusion: The tragic war in Yemen needs a political solution urgently. UN Security Council Resolution 2216 provides a one-sided path forward. A better solution would outline a path forward for all the parties. All parties involved need to back off their extreme positions. Some creative imagination needs to be given to this crisis sooner rather than later .
  • 8. Refrences : 1. Sultan Barakat ( Tuesday, March 31, 2015 ) ,Topic : Saudi Arabia’s war in Yemen Retreived 26.04.2017 12:23am from https://www.brookings.edu/blog/markaz/2015/03/31/saudi-arabias-war-in-yemen-the- moral-questions/ 2. Jeremy Shapiro (Thursday, March 26, 2015) , Topic : Why are 10 countries attacking Yemen Retreived 26.04.2017 12:26am from https://www.brookings.edu/blog/order-from-chaos/2015/03/26/why-are-10-countries- attacking-yemen/ 3. Steven R. Koltai With Matthew Muspratt (August 30, 2016) Book : Peace Through Entrepreneurship Retreived 26.04.2017 12:29am from https://www.brookings.edu/book/peace-through-entrepreneurship/ 4. Hafez Ghanem ( December 29, 2015 ) Book : The Arab Spring Five Years Later Retreived 26.04.2017 12:31am from https://www.brookings.edu/book/the-arab-spring-five-years-later-toward-greater- inclusiveness/ 5. Human Rights Watch The Conflict in Yemen and International Law April 2015 Retreived 26.04.2017 12:33am from https://www.hrw.org/sites/default/files/related_material/qa.2015.4.7.TheConflictinYemen andInternationalLaw.pdf 6. ALAN TAYLOR (MAY 7, 2015) Topic : The Saudi Arabia-Yemen War of 2015 Retreived 26.02.2017 12:57am from https://www.theatlantic.com/2015/05/the-saudi-arabia-yemen-war-of-2015/392687/
  • 9. 7. BBC NEWS ( 28 March 2017 ) Yemen crisis: Who is fighting whom? Retreived 26.02.2017 12:59am from http://www.bbc.com/news/world-middle-east-29319423 8. Al Jazeera (1 AUGUST 2016) Key facts about the war in Yemen , Retreived 26.02.2017 1:01am from http://www.aljazeera.com/news/2016/06/key-facts-war-yemen-160607112342462.html 9. Amnesty International ( 09/2015 ) Yemen The Forgotten War , Retreived 26.02.2017 1:04am from https://www.amnesty.org/en/latest/news/2015/09/yemen-the-forgotten-war/ 10. Matt Purple (April 12, 2016) Why Saudi Arabia is Hammering Yemen Retreived 26.02.2017 1:07am from http://nationalinterest.org/feature/why-saudi-arabia-hammering-yemen-15748 11. Mohammed Alyahya (June 3, 2015) Why did Saudi Arabia intervene in Yemen? Retreived 26.02.2017 1:08am from http://www.al-monitor.com/pulse/originals/2015/06/yemen-saudi-arabia-iran-houthis- support-military.html 12. Bruse Reide (October 27,2015) How to end the War in Yemen Retrieved 02.08.2017 2:05am from http://www.al-monitor.com/pulse/originals/2015/10/yemeni-endgame.html