Saudi-led Coalition’s Use of Double Tap Airstrikes on Civilians and First Responders in Yemen
1. On 26 March 2015, a coalition led by Saudi Arabia consisting of the United Arab Emirates, Qatar, Kuwait, Bahrain, Egypt, Jordan, Morocco, (together “the Coalition”) launched a military intervention to “defend the legitimate government of President Hadi from the takeover attempts by the Houthi militias in Yemen.”[2] From the outset, the Coalition was supported politically, diplomatically, and militarily by the United States of America, the United Kingdom, France, and Turkey. The Saudi-led Coalition conducted airstrikes that killed and injured hundreds of civilians and leveled civilian infrastructure. On 14 April 2015, the U.N. Security Council adopted Resolution 2216, placing an arms embargo on 5 named individuals in Yemen.[3]
2. After about two months of war without achieving its stated official objectives and after failing to convince Egypt[4], Pakistan[5] and Turkey[6] to provide ground troops, the Coalition sought out other ways to bolster its troops on the ground in preparation for a ground invasion. To achieve that end, the Coalition hired foreign troops and mercenaries. After months of stalemate, the number of countries participating in the Coalition increased to include Sudan[7] and Senegal[8], both sending large numbers of troops to Yemen. In addition to hiring Sudanese and Senegalese troops, the Coalition relied and continues to rely on the use of mercenaries to continue hostilities.
3. According to the Legal Center for Rights and Development, in the first 600 days of war, 11,252 civilians in Yemen were killed by Saudi-led Coalition airstrikes and shelling, including 7,009 men (62%), 1,802 women (16%), and 2,441 children (22%). A further 19,203 civilians have been injured, including 15,059 men (78%), 1,902 women (10%), 2,242 children (12%). A further 3 million persons have been internally displaced.
Statement of Facts and Allegations
4. The Saudi-led Coalition has used double tap airstrikes on a number of occasions in Yemen. Double tap airstrikes occur when an initial strike is conducted on a target, an interval of time passes, and then a followup strike is conducted to kill those who show up to aid or mourn the victims.
5. On 21 January 2016, at least 20 people were killed and another 35 wounded, in what medics claim was a deliberate double tap strike attack on a residential building in the Dhahyan district of Saada. Following the initial airstrike on the residential building, first responders rushed to the scene to care for the wounded and collect the dead. Several minutes later, Coalition warplanes returned to strike again killing over 10 first responders. Shortly thereafter, a third airstrike hit the ambulance at the scene, killing the driver who was working at a clinic supported by Doctors Without Borders (MSF).[9]
6. On 15 March 2016, at around 12:00 P.M., two consecutive airstrikes hit the market in Mastaba, in the northern Hajja governorate, approximately 45 kilometers from the Saudi border. The first airstrike “landed directly in front of a complex of shops and a restaurant. The second struck beside a covered area near the entrance to the market, killing and wounding people escaping, as well as others trying to help the wounded.”[10] This double tap strike resulted in the death of 107 civilians and injury of over 45 civilians.
7. On 13 August 2016, Ali Ogri’s (a school principal) home located in Burkan village in the Razih District of the Saada governorate was targeted with an airstrike killing himself, his wife and 4 children. A second airstrike on his home followed the first and killed another 4 relatives of Ali as they tried to rescue their family members from the rubble.[11]
8. On 10 September 2016, 30 people were killed and 17 others wounded, including first responders and two children, as a result of double tap airstrikes on a water well in Beit Saadan village in the Arhab District, in the northern part of the Sanaa governorate. The first airstrike killed several workers who were drilling for water. The second airstrike minutes later when warplanes returned to target first responders who rushed to the scene.[12]
9. On 8 October 2016 at 3:30 P.M., Saudi-led Coalition warplanes targeted a funeral hall where over 2000 civilians were paying their condolences to the deceased member of the Al Rowaishan family. The first set of airstrikes hit the Hall bringing down the roof and with the force of the explosion killed and injured many people inside. As first responders rushed to the entrance to rescue the injured and remove the dead a second airstrike hit adding to the casualty count that numbered in the hundreds. The funeral attack resulted in 195 dead and over 843 injured.
10. The above double tap airstrikes resulted in 330 civilian deaths and 940 civilian injuries.
Legal Analysis
11. Double tap airstrikes are intended to target first responders. Common Article 3 of the Geneva Conventions applicable to the armed conflict in Yemen prohibits attacks against civilians. Common Article 3 also requires, “The wounded and sick shall be collected and cared for.” The Saudi-led Coalition is failing to treat humanely those who have been placed ‘hors de combat’ and is interrupting the efforts of first responders to rescue the wounded by targeting them with airstrikes.
12. Article 7 of Additional Protocol II, to which members of the Coalition are party, provides that “[a]ll the wounded, sick and shipwrecked, whether or not they have taken part in the armed conflict, shall be respected and protected.” The use of double tap airstrikes to hit first responders, nurses, and medics arriving at the scene violates Article 9 of Additional Protocol II, which afford that “[m]edical … personnel shall be respected and protected and shall be granted all available help for the performance of their duties.” Article 10 of Additional Protocol II calls on warring factions to respect the obligation of persons engaged in medical activities. The double tap airstrikes reported in this complaint violate international humanitarian law and may amount to war crimes.
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Citations
[1] All statements of allegations are based on field work and discussions with local and international NGOs, the various UN organs, the Yemeni Ministry of Human Rights, the Yemeni Ministry of Health, and the Executive Director of ARWA. Media reports are only cited to show that the statements made herein have been reported by media outlets from various countries across the world.
[2] The then Saudi Ambassador to US, Adel Jubeir, stated the following reasons in a press conference announcing the launching of the war: “I wanted to meet with you to inform you that the Kingdom of Saudi Arabia launched military operations in Yemen. The objective is to defend the legitimate government of President Hadi from the takeover attempts by the Houthi militias in Yemen.” https://www.youtube.com/watch?v=gxrDC4fS-EI
[3] Security Council Demands End to Yemen Violence, Adopting Resolution 2216 (2015), with Russian Federation Abstaining, 14 April 2015, http://www.un.org/press/en/2015/sc11859.doc.htm
[4] Mohammed Aboud, Egypt allegedly sends ground forces into Yemen quagmire, The Middle East Eye, 9 August 2015. http://www.middleeasteye.net/news/egyptians-allegedly-sends-ground-forces-yemen-quagmire-132459953#sthash.qu9yz0EN.dpuf
[5] Mohammad Mukashaf, Pakistan declines Saudi call for armed support in Yemen fight, Reuters, 10 April 2015. http://www.reuters.com/article/us-yemen-security-idUSKBN0N10LO20150410
[6] Blog, Turkish and Saudi leaders discuss Yemen conflict, The Middle East Eye, 27 March 2015. http://www.middleeasteye.net/news/live-blog-saudi-and-arab-allies-bomb-houthi-positions-yemen-1521000548
[7] Sudan to send 10,000 troops to join Arab forces in Yemen: report, The Sudan Tribune, 19 October 2015. http://www.sudantribune.com/spip.php?article56779
[8] Ishaan Tharoor, Why Senegal is sending troops to help Saudi Arabia in Yemen, The Washington Post, 5 May 2015. https://www.washingtonpost.com/news/worldviews/wp/2015/05/05/why-senegal-is-sending-troops-to-help-saudi-arabia-in-yemen/
[9] For video footage of the strike click on https://www.youtube.com/watch?v=zMDUxfNOsxc
[10] Yemen: US Bombs Used in Deadliest Market Strike: Coalition Allies Should Stop Selling Weapons to Saudi Arabia, 7 April 2016 https://www.hrw.org/news/2016/04/07/yemen-us-bombs-used-deadliest-market-strike.
[11] Legal Center for Rights and Development
[12] Legal Center for Rights and Development