Probe Al Jawf Prison Airstrike, Conflict Risk: Yemen

Euro Med Monitor

Geneva - An urgent, independent investigation is needed into the airstrike that struck the Central Correctional Facility in Al Hazm, Al Jawf Governorate, northern Yemen, on Monday, 7 September. The attack resulted in the deaths and injuries of detainees and visitors, with some remaining trapped under the rubble. This incident could constitute a war crime. Authorities must identify those responsible and ensure justice is served.

The latest toll, released by the Health Ministry affiliated with the Houthi de facto authorities, reports 17 dead, including a child and a woman, with seven others injured, and about 20 detainees still trapped under the rubble.

The scene documentation revealed significant damage to the target facility, including collapsed concrete roofs, multiple victims trapped beneath the rubble, and some bodies torn apart by the force of the explosion.

The ongoing international neglect and lack of effective accountability for past violations in Yemen, have led all parties to continue targeting civilians and protected facilities without fear of repercussions

The Houthi de facto authorities stated that Saudi Arabia carried out the airstrike, but at the time of the statement's publication, Saudi authorities neither claimed nor denied responsibility. Euro-Med Human Rights Monitor was unable to verify this claim independently.

The airstrike should undergo a prompt, independent, impartial, and effective investigation to determine responsibility, assess whether it adhered to the rules of distinction and proportionality, and verify whether the necessary precautions were taken. Anyone found responsible for violating international humanitarian law should be held accountable.

A detention facility is a civilian object and loses this protection only if it is actively used in a way that significantly contributes to military operations. Specifically, it must provide a clear and direct military advantage at the time of an attack by supporting military efforts or being a valid target for destruction or disablement. Armed guards or being situated in an area controlled by an armed group does not automatically make the entire facility a military target.

Furthermore, even if a legitimate military target is located within the compound or part of it, the attacking party must still distinguish that target from the rest of the facility and its occupants. They must take all reasonable precautions to verify the target and select methods that minimise harm. If it becomes clear that the target is not military or that civilian casualties would be disproportionately high compared to the military benefit, the attack must be cancelled or paused. Additionally, whenever possible, effective early warning should be issued before the attack.

The visitors are civilians, as well as detainees, including anyone rendered hors de combat by detention, and they may not be targeted. If an investigation establishes that the strike was deliberately directed at detainees or a civilian facility, or was carried out indiscriminately or disproportionately and resulted in the killing or injury of civilians, it should be investigated as a potential war crime. Anyone found criminally responsible should be prosecuted, including superiors who ordered the attack or knew of the crimes and failed to take the necessary steps to prevent them or to submit them for investigation.

The strike on the correctional facility in Al Jawf occurs amid a wide-scale military escalation across several Yemeni governorates, most notably Al Jawf, Al Bayda, Taiz, and Al Hudaydah. These rapidly unfolding developments have been accompanied by fresh waves of displacement and civilian casualties, while the warring parties continue to disregard repeated UN calls for de-escalation and the protection of civilians.

Military tensions between the conflicting parties have reemerged over the past month and have significantly escalated since last week. According to the World Health Organization, from 6 August to 6 September, military operations resulted in 1,078 deaths and injuries, primarily affecting Taiz Governorate and Yemen's western coastal regions. During this period, over 21,000 displaced individuals in Taiz were compelled to flee once more under severe humanitarian conditions, worsening their suffering and limiting their access to essentials for survival.

The expansion of clashes and attacks into civilian areas, especially those with large, displaced populations, has serious and immediate impacts. On 8 September, government officials in Marib Governorate reported that two children were killed, and 15 others, mostly children, were injured in shelling by the Houthi group that targeted a gathering of displaced people in Raghwan District, north of the governorate. This shelling also destroyed about 16 shelters, damaging furniture and belongings, which resulted in 23 families losing their homes and vital possessions.

The Yemeni people face daily hardships due to the conflict and do not wish for it to be renewed, expanded, or to return to large-scale fighting that results in more loss of life. Moving the country toward another cycle of open violence effectively condemns millions of exhausted civilians to a slow death. Already, at least 18 million Yemenis face severe food insecurity and famine risks, while the health and service systems are on the verge of total collapse, lacking basic supplies. Any additional military escalation becomes a compounded crime, worsening hunger, disease spread, and severely hindering recovery efforts.

The severe impacts of conflict spillover mainly affect the most vulnerable and disadvantaged, especially women, children, and the elderly, who face repeated displacement, loss of livelihoods, and the breakdown of essential services.

The ongoing international neglect and lack of effective accountability for past violations, along with an entrenched policy of impunity in Yemen, have led all parties to continue targeting civilians and protected facilities without fear of repercussions, highlighting the urgent need for international intervention to end this deadly cycle.

The United Nations and relevant international bodies should promptly launch an independent, transparent international investigation to determine the details of the attack on the Central Correctional Facility in Al Jawf. This investigation must focus on collecting and preserving evidence and diligently work to identify responsible leaders and individuals involved, paving the way for accountability. Perpetrators must face justice, and all parties involved in the conflict are obliged to keep prisons, detention centres, and civilian protected objects separate from military actions.

The UN Security Council should refer the situation in Yemen to the International Criminal Court Prosecutor. All states are obligated to investigate and prosecute individuals suspected of international crimes in their own courts, including under universal jurisdiction.

All parties involved in Yemen's conflict must immediately and unconditionally cease all hostilities. They should exercise maximum restraint to avoid further violations and strictly adhere to international humanitarian rules protecting civilians and infrastructure. It is essential to establish safe and sustainable humanitarian corridors that allow relief teams, medical aid, and food supplies to reach those in need, including those under siege and in displaced persons' camps, without obstacles or conditions. These corridors are also vital for urgent medical evacuations of the wounded and critical cases, helping to prevent the worsening of the humanitarian crisis and providing a vital lifeline to millions.

The international community, including the Security Council and regional and global actors, must recognise its legal and moral duties and use its influence to promote a quick resumption of political negotiations. Strong political and economic pressure is essential to hold perpetrators accountable and end impunity. This should include establishing thorough oversight mechanisms for arms exports to parties involved in serious violations. Such measures are vital to creating a credible political process that addresses the conflict's core political, security, and economic challenges. Ultimately, these efforts aim to fulfil Yemenis' hopes for ending the war and living safely and with dignity in a state that upholds human rights.

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