American Journal of International Law

Draft Version

The Conflict of Armed Parties in Yemen and their Impacts

Journal: American Journal of International Law

Manuscript ID Draft

Manuscript Type: Article

Primary Subject Matter

International Human Rights Law
Category:

Subject Matter Categories: International Criminal Law

Keywords: conflict in Yemen, Armed parties in Yemen

The world has known many wars and conflicts, which prompted the
development of
international legal rules to limit their effects. After the prohibition of war,
today the law of war is known as international humanitarian law.
International events are stil
witnessing many armed conflicts, whether internal or international,
which has devoted
attention to international humanitarian law, which is one of the branches
Abstract:
of international law for defining the armed conflict types, this is reflected
in the four Geneva Conventions and their additional Protocols. The
situation in Yemen has now become the subject of international debates,
with no clear answers on how to deal with it. As result, the country was
divided into sections, and the situation of violence remained unresolved.
The researcher relied on analysis and discussion as an analytical method
for the
effects of the conflict in Yemen

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The Conflict of Armed Parties in Yemen and their

Impacts
1*Hiemyar Yahya Hamoud Alquhaly 2Salawati Mat Basir
1,2 Faculty of law, Universiti Kebangsaan Malaysia– Malaysia
*Corresponding Email: himyar2010@yahoo.com

Abstract

The world has known many wars and conflicts, which prompted the development of
international legal rules to limit their effects. After the prohibition of war, today the
law of war is known as international humanitarian law. International events are still
witnessing many armed conflicts, whether internal or international, which has devoted
attention to international humanitarian law, which is one of the branches of
international law for defining the armed conflict types, this is reflected in the four
Geneva Conventions and their additional Protocols. The situation in Yemen has now
become the subject of international debates, with no clear answers on how to deal
with it. As result, the country was divided into sections, and the situation of violence
remained unresolved.
The researcher relied on analysis and discussion as an analytical method for the
effects of the conflict in Yemen, using consistent evidence of violations and violence
against civilians, and monitoring samples from conflict areas in Yemen. This chapter
try to answer two (first and second) research questions of the study about the
classification of international law for the armed conflict in Yemen and the impacts of
violations and violence against civilians and the interpretation of international law for
them. The first section dealt with the definition of the term "armed conflict", its
concept and its dimensions, and explore the historical context of the predicament in
Yemen from the seventies until the current situation, and the legal framework for war.
It also dealt with the definition of the parties to the conflict, groups loyal to parties to
the conflict, the factors contributing to the outbreak of the armed conflict. This
chapter also deals with verifying whether the armed conflict in Yemen falls under the
term “armed conflict” under international humanitarian law and the Geneva
Conventions as international armed conflict (IAC) or Non-international armed conflict
(NIAC), using the conflict analysis framework (CAF) method to prove the type of
conflict in Yemen.

Key words: Yemen, A.C, International Law, Conflict, Protection of Civilians

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DEFINITION OF ARMED CONFLICT

Armed conflict is still a contested term in international law debates. There are no clear
lines that indicate the nature of an armed conflict in which to be applied in different
levels of skirmishes. However, certain characteristics are necessary in recognizing
whether a conflict is an armed conflict or not. Such recognition is crucial for the
exercise and application of humanitarian law in resolving and monitoring the conflict.
The humanitarian law acts as a guideline for parties involved in an armed conflict as
well as being the bastion for the safeguard of people who are not involved in the
conflict, yet being in the middle of it particularly the civilians.
Armed conflict is distinguished by international humanitarian law into two
types: (1) international armed conflicts involving opposing two or more states and;
(2) non-international armed conflicts involving governmental forces and non-
governmental
groups such as rebels . Therefore, to speak, the legal definition provides that there are
only two types of armed conflicts that are legally recognized .
Observations made by Wallensteen & Sollenberg on the occurrence of armed conflicts
from 1989 to 2000 provides three categories of armed conflicts, each is distinguished
according to battle-related deaths
count:
• Minor Armed Conflict – Number of battle-related deaths during conflict is below
1000.
• Intermediate Armed Conflict – Number of battle-related deaths during conflict is
more than 1000, but fewer than 1000 in any given year .

•War – Number of battle-related deaths exceed 1000 in any given year.

ARMED CONFLICTS DIMENSIONS

There are numerous of complex factors which can lead to armed conflicts within
States. Certain conditions are able to increase the probability of war including the
failure of the Governments to provide basic good governance and protection. In many
situations, weak Governments normally have less capacity to stop the eruption and
spread of violence compared to a more organized and legitimate Governments. In
addition to that, armed conflicts can also be viewed as the struggle for power by a
certain section of the elite which was excluded from the authoritarian systems of one-
party rule.

The causes of armed conflict are often linked with attempts to control
economic resources such as oil, metals, diamonds, drugs or contested territorial
boundaries. In countries such as Colombia and the Sudan, for instance, oilfield
exploration has caused and intensified the impoverishment of women and men. Entire
communities have been targeted and killed, displaced and/or marginalised in the name

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of oil development. The control of resources, like the exercise of power, is gendered.
Those who do not have power or resources - groups that are disproportionately,
though by no means xclusively, made up of women - do not usually start wars .

The Current Yemeni Armed Conflict

The on-going Yemeni civil war that started in 2015 was a result of accumulated
conflicts, domestic and regional alike, since the start of new millennia. Key actors that
played a major role in the war now were the product of insurgencies within the first
decade of 2000s, with the emergence of Al-Qaeda in Arab Peninsula (AQAP) post
September 11 as well as the long-held discontent of the South towards North’s
dominance. The conflict numerous of time had been portrayed as a civil war, a proxy
war between Saudi Arabia and Iran as well as a supposedly ancient schism between
Sunni and Shi’a Muslims (the later nationally represented by Zaydi Houthis) . The
diversity and sheer number of actors involved in the conflict however, demonstrates
that these characterisations are far too simplistic and that the conflict defies neat
categorization .
The armed conflict in Yemen has resulted in the largest humanitarian crisis in the
world; parties to the conflict have killed and injured thousands of Yemeni civilians.
According to the Yemen Data Project, more than 17,500 civilians were killed and
injured since 2015, and a quarter of all civilians killed in air raids were women and
children. More than 20 million people in Yemen are experiencing food insecurity; 10
million of them are at risk of famine .

Parties Included in the Armed Conflict In Yemen

i. The Houthi Insurgency

The Houthi or known as Ansar Allah (Partisan of God) and Zaydi Shia that formerly
ruled the North under the Imamate until the establishment of YAR in 1962. The
Houthis are Zaydi revivalist that felt threaten by the dominant Sunni or Wahabbi
identity. The insurgence of the Houthis is closely referred to the unresolved military
aggression in Saada, started in 2004 with the quasi-police attempt to arrest Husein al-
Houthi, former parliament member, that quickly escalated into an armed conflict
However, al-Houthi’s death had only made the conflict worsen with on-off battles
taking place until 2007 when the Houthis—during the time was led by Hussein al-
Houthi’s brothers Abd-alMalik and Yahya—was accused of threatening a Jewish
community in Saada .

Over the years, the conflict escalated along political, tribal, and religious lines
with intensifying sectarian prejudices. The involvement of other tribes—those who
allied with government or rebel—had exacerbated the sporadic and scattered

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skirmishes between rebels and government armies in the following years that went
beyond Saada into Bani Hushasyh . Both sides, the government and rebels, were tied
(or allegedly tied) to foreign powers. The government, in attempt to discredit the
rebels as fundamentalist religious group, had sought Western (US) support as well as
backed by the Saudi and alleged the rebels being funded by Iran. While the rebels
perceived the government for being bias towards the religious group as well as
cautioned the influence of Saudi Wahhabism and US in Yemen and Middle East.

ii. The Yemeni Government

Since the start of the conflict, the Yemeni government has received assistance from
the Gulf Arab states led by Saudi Arabia and the US to reinstate Hadi as the president
of Yemen. Amongst countries involved in assisting Yemen are Saudi Arabia, the
United Arab Emirates, Kuwait, Bahrain, Qatar, Morocco, Sudan, Jordan, and Egypt
from Arab states along with US and United Kingdom who provide logistical supports
and intelligence to the Saudi-led coalition. The Yemeni government (legitimate)
consists of the partisan blocs including the Yemeni Congregation for Reform (Islah),
some members of the General People’s Congress (GPC), who support Hadi's
government, and Yemeni Socialist Party (YSP) (named the National Liberation Front
prior to 1978) .

iii. The Al-Qaeda in Arabian Peninsula (AQAP)

The AQAP is considered as the most active branches of al-Qaeda and posed a
significant threat to the stability of the Arab Gulf. In 2012, during rehearsal for
Yemen’s Unity Day, a suicide bombing that claimed over 120 people lives had been
claimed responsibility by the AQAP. The organization the moved to key stronghold in
Southern Yemen and planted mines that threaten lives of civilians. During the early
phase of Yemeni civil war in 2015, the AQAP took advantage of the turmoil and
captured Mukalla in which they established their base. The city was later recaptured
by Saudiled coalition in 2016. Despite the continuous efforts by the US and coalition
to contain AQAP, the conflict in Yemen actually enabled the organization to expand
its power and influence. The key source of AQAP survival was its focus on sustaining
its relationship with locals in areas they established, which had rendered the efforts to
oust them difficult.

iv. The southern transitional council (STC)

On May 11, 2017, Aden’s former governor, Aidrous al-Zubaydi, stood in front of the
flag of former Southern Yemen and announced the creation of a 26-member Southern
Transitional Council (STC) . According to Southern Movement members, the
announcement was the culmination of discussions that had been going on for several
months . However, the process was catalyzed following armed clashes at Aden
Airport in mid-April between the president of the UN-backed Yemeni government,

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Abd Rabbu Mansour Hadi, and then-governor Zubaydi . On April 27, 2017, Hadi
responded by sacking Zubaydi as well as Hani Ali bin Brik, Yemen’s former minister
of state .

ARMED CONFLICT IMPACTS ON CIVILIANS IN YEMEN

 Starvation and denial of humanitarian aid

Both sides in the conflict in Yemen—the Ansar Allah (Houthis) group and former
president Ali Saleh on the one hand, and the Arab Coalition led by Saudi Arabia and
the United Arab Emirates and the administration of President Hadi on the other—have
employed hunger as a weapon since 2016. No less than 26 instances of access to
humanitarian supplies being denied were recorded in 2017 by a local human rights
group . Most of them occurred in the Sa'ada governorate, and their cause was Ansa
Allah (23 incidents). In Al Dhale'e, Shabwah, and Taiz governorates, three incidents
were committed by both the Popular Resistance and the pro-Hadi troops.

 The Air Attacks

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As many as 89 assaults against people and civilian-related objects were carried out by
the Saudi-Emirati-led Coalition in 10 Yemeni governorates throughout 2017
according to human rights group . At least 357 civilians were killed in these strikes,
including 161 children and 45 women, while 294 others were injured, including 101
children and 56 women. These attacks were launched by the Coalition on fisherman
as well as homes, marketplaces, schools, and farms.
Fatality numbers are often the most poorly reported component of conflict data.
The figure 1 includes only civilians killed as a result of direct civilian targeting. It
does not include collateral civilian fatalities. As such, according ACLED stated that
the number is assumed to represent an underestimate of total conflict-related civilian
fatalities in Yemen. figure 1 show all airstrikes resulting in 35 or more reported
fatalities, form 2015 to June 2019.
 The Indiscriminate Ground Attacks
As many as 89 incidences of ground attacks were recorded in the year 2017; the
majority of these events occurred in the Taiz Governorate (66 incidents). Al-Jawf,
Marib, Sana'a, Abyan, and Lahj were among the other governorates where the other
occurrences took place. Most of these heinous, indiscriminate assaults were carried
out by the Ansar Allah group (the Houthis), but Mwatana has confirmed that at least
two of them were carried out by the Popular Resistance and pro-Hadi troops. As a
result of these assaults, at least 160 civilians including 99 children and 14 women
were killed and 184 others— including 92 children and 30 women were injured.
In various Yemeni governorates, notably in Taiz, the parties to the conflict have
continued to launch indiscriminate ground strikes on civilians throughout 2017. The
use of indiscriminate weaponry by participants in the war was recorded by
organization for human right in their report "Chapters from Hell," which was
published in November 2016. High-explosive guided mortars (HEGM), RPG-7s, and
M-21 Grad Rockets fired from BM-21 Grad Rocket Launchers are a few examples of
such indiscriminate weaponry .

 The Enforced Disappearance

During one only year, local human right organization documented 33 enforced
disappearance cases, carried out by Ansar Allah group (the Houthis) in six Yemeni
governorates: Sa’ada, Sana’a, Al Bayda, Dhamar, Al Hudaydah and Taiz. It also
documented as many as 68 cases, carried out by armed groups – affiliated to the
SaudiEmirati-led Coalition and pro-Hadi forces– in six Yemeni governorates: Aden,
Abyan, Lahj, Marib, Hadramaut and Shabwah. All arbitrary detention cases
documented in this report took place in 2017; however, some victims remain
arbitrarily detained until now.
All parties involved in the Yemeni conflict: Armed organizations allied with the
pro-Hadi Saudi-Emirati-led Arab Coalition, the Ansar Allah group (the Houthis),
were in charge of incidents of forcible disappearance in the regions they ruled. Such
violations were perpetrated by all parties to the conflict against their political rivals or
against civilians who were thought to have ties to or sympathies for their rivals .

 The Arbitrary Detention

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the local human rights organization recorded as many as 69 instances of arbitrary

detention. These detentions were carried out by the Ansar Allah group (the Houthis)
in seven governorates: Sa'ada, Sana'a, Al-Jawf, Al Bayda, Taiz, Dhamar, and Al
Hudaydah. Armed parties associated with the Saudi-Emirati-led Coalition and
Hadisupporting forces detained 51 people in each of the seven Yemeni governorates
of Aden, Abyan, Lahj, Al Dhale'e, Marib, Taiz, and Hadramaut. All examples of
arbitrary detention that were the subject of this study occurred in 2017, however some
victims are still being held against their will today .
 The Torture
Ansar Allah (the Houthis) committed 29 incidents in four Yemeni governorates,
Sa’ada, Sana’a, Taiz, and Al-Hudaydah, including three cases where torture led to
death. It also committed 52 cases, in which armed groups – affiliated to the Saudi-
Emirati-led Coalition and pro-Hadi forces– carried out in six Yemeni governorates:
Lahj, Aden, Marib, Abyan, Hadramaut, and Shabwah, including 14 cases where
torture led to death in 2017.
 Recruitment and use of children
Through 607 observations and interviews, the NGO for human right team has
confirmed the recruitment and usage of up to 879 minors in 2017. 58% of the kids
were recruited by the Ansar Allah group (the Houthis) and troops loyal to its erstwhile
ally Saleh, mostly in Sana'a and Sa'ada. 21% of the Coalition's recruits came from the
Security Belt troops and the Hadramaut Elite forces, especially in Abyan and Lahj.
20% of the recruits were from the Popular Resistance and pro-Hadi troops, especially
in Abyan and AlJawf. In the governorates of Lahj and Taiz, the Jihadi organizations
have attracted 1% of new members .
 Attacks on Hospitals, Medical staff and other civilian targets
There were at least 18 assaults against hospitals and medical facilities in 2017. The
Security Belt forces, the Ansar Allah group (the Houthis), and the well-known
resistance organizations carried out these attacks. A gang took over Sanaa's Abdul

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Qader Al-Mutawakil Hospital in the first part of December 2017.

Figure 1 : Attacks on Hospitals in Yemen
Sowers and Weinthal conducted a study about Humanitarian challenges and the
targeting of civilian infrastructure in the Yemen war. They stated that the data
collected from UN reports and human rights organizations show a significant
escalation in the destruction of civilian infrastructure and through the entry of the
Saudi-led coalition into the war in 2015 .
Figure 2 shows the number of incidents in which different types
of infrastructure, including health centers and hospitals, were targeted between 2010
and 2019. Between 2012 and 2014, energy was the only reported type of
infrastructure targeted. After 2015, agriculture was the most frequently reported type
of infrastructure damaged, mostly through water strikes on farms and markets. Attack
frequency is only one indicator of damage, however. Conflict-related damage to a
single power plant, for example, may adversely affect drinking water, irrigation
supplies to neighboring towns and villages, and hospital supplies .

Figure 2 : Number of incidents in which different types of civilian infrastructure

were targeted, 2010–2019

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 Attacking and Using Schools

There were 24 incidences in eight different Yemeni governorates in 2017 where the
conflicting parties attacked schools directly. Schools in those areas were impacted by
the ongoing armed conflict in Yemen, which made them vulnerable to direct or
indirect air and ground attacks, as well as occupation and use for combat purposes like
converting schools into military barracks, prisons, armed group headquarters, supply
hubs, or shelters for military personnel .
Figure 3 shows the Students study in destroyed schools affected by the war in Yemen.

Figure 3 : Destroyed Schools affected by war in Yemen

CONCLUSION

The presence of factors that contributed to the existence of armed conflicts in Yemen
and were the main reason for the outbreak of civil wars, including the political,
economic, geographic, military and societal division, and these factors can also be
considered as effects that generated and produced together from the existence of
conflicts and wars. This study explicitly concludes that the conflict in Yemen remains.
Over the past year, these alliances have fractured. Houthi forces, which still control
much of northern and central Yemen, killed Saleh after clashes in December 2017. In
southern Yemen, Saudi Arabia and the UAE have backed rival Yemeni groups—the .
Saudi-supported Yemeni government led by President Abdu Rabbu Mansour Hadi
and the UAE-backed Southern Transitional Council (STC).
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