US Bombs Used in Deadliest Market Strike in Yemen
April 7, Sanaa: Saudi Arabia-led coalition airstrikes using United States-supplied bombs killed at least 97 civilians, including 25 children, in northwestern Yemen on March 15, 2016.
The two strikes, on a crowded market in the village of Mastaba that may have also killed about 10 Houthi fighters, caused indiscriminate or foreseeably disproportionate loss of civilian life, in violation of the laws of war. Such unlawful attacks when carried out deliberately or recklessly are war crimes.
Human Rights Watch conducted on-site investigations on March 28, and found remnants at the market of a GBU-31 satellite-guided bomb, which consists of a US-supplied MK-84 2,000-pound bomb mated with a JDAM satellite guidance kit, also US-supplied. A team of journalists from ITV, a British news channel, visited the site on March 26, and found remnants of an MK-84 bomb paired with a Paveway laser guidance kit. HRW reviewed the journalists’ photographs and footage of these fragments.
HRW has called on the United States, United Kingdom, France, and other countries to suspend all weapon sales to Saudi Arabia until it curtails its unlawful airstrikes in Yemen, credibly investigates alleged violations, and holds those responsible to account. Selling weapons to Saudi Arabia may make these countries complicit in violations.
On March 15 at about noon, two aerial bombs hit the market in Mastaba, in the northern Hajja governorate, approximately 45 kilometers from the Saudi border. The first bomb 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. HRW interviewed 23 witnesses to the airstrikes, as well as medical workers at two area hospitals that received the wounded.
A United Nations human rights team visited the site the day after the attack and compiled the names of 97 civilians killed in the strike, including 25 children. The UN team said that another 10 bodies were burned beyond recognition, bringing the total number of victims to 107. Two Mastaba residents said that many members of their extended families had died. One lost 16 family members, and the other 17. A local clinic supported by Doctors Without Borders (MSF) received 45 wounded civilians from the market, three of whom died and were counted in the total death toll.
A witness who helped retrieve bodies said that he saw the bodies of about 10 Houthi fighters, whom he knew previously, among those killed. He said that some armed Houthi fighters regularly ate and slept in a restaurant about 60 meters from where one bomb detonated. The restaurant was not damaged. He said some residents objected to the Houthis’ presence but were powerless to remove them. Human Rights Watch was not able to confirm these claims with other witnesses. The only Houthi military presence identified by HRW during its visit was a checkpoint manned by two or three fighters about 250 meters north of the market.
The laws of war prohibit deliberate attacks on civilians and indiscriminate attacks, which are attacks that strike military objectives and civilians or civilian objects without distinction. Attacks that are not directed at a specific military objective are considered indiscriminate. An attack is disproportionate if the anticipated loss of civilian life and property is greater than the expected military gain from the attack. The Houthis’ use of a building in the market as a barracks would have amounted to failure to take all feasible precautions to protect civilians under their control from the effects of attacks. However, this in itself would not have justified the coalition airstrikes as carried out.
Individuals who commit serious violations of the laws of war with criminal intent may be prosecuted for war crimes. Individuals may also be held criminally liable for assisting in, facilitating, aiding, or abetting a war crime. All governments that are parties to an armed conflict are obligated to investigate alleged war crimes by members of their armed forces.
Hadi’s government announced on March 18 that it had formed a committee to look into the bombing. Human Rights Watch contacted the Yemeni human rights minister, who said that a Yemeni national investigative body created in September 2015 and based in Aden was charged with the investigation. Findings have not yet been reported.
Since March 26, 2015, a coalition of nine Arab countries has conducted military operations against the Houthi armed group and carried out numerous indiscriminate and disproportionate airstrikes. The airstrikes have continued since the announcement of a ceasefire, to begin on April 10. The coalition, whose targeting decisions are made in the Saudi Defense Ministry in Riyadh, has consistently failed to investigate alleged unlawful attacks or to hold anyone accountable.
HRW and other international and Yemeni groups have called for foreign governments to halt sales and transfers of all weapons and military-related equipment to parties to the conflict in Yemen if “there is a substantial risk of these arms being used…to commit or facilitate serious violations of international humanitarian law or international human rights law.”
The US military has deployed dedicated personnel to the Saudi joint planning and operations cell to help “coordinate activities.” US participation in specific military operations, such as providing advice on targeting decisions and aerial refueling during bombing raids, may make US forces jointly responsible for laws-of-war violations by coalition forces. As a party to the conflict, the US is obligated to investigate allegedly unlawful attacks in which it took part.
The Oslo Times