During 2017, Mwatana has documented as many as 89 incidents of ground attacks, most of which took place in Taizz Governorate (66 incidents). The rest of the incidents occurred in other governorates, including Al-Jawf, Marib, Sana’a, Abyan and Lahj. Ansar Allah group (the Houthis) was responsible for most of these bloody indiscriminate attacks, while the Popular Resistance and pro-Hadi forces were responsible for at least two of these attacks, as verified by Mwatana.

 

These attacks resulted in killing at least 160 civilians, including 99 children and 14 women, as well as wounding 184 others, including 92 children and 30 women.

 

Throughout the year 2017, the civilians have suffered from indiscriminate ground attacks, which the parties to the conflict continue to carry out in several Yemeni governorates, particularly in Taizz.  

In its report “Chapters from Hell”, released in November 2016, Mwatana documented the use of indiscriminate weapons by parties to the conflict. Such indiscriminate weapons included high-explosive guided mortar (HEGM), the RPG-7 and the M-21 Grad Rockets that are launched from BM-21 Grad Rockets Launchers.

 

The Legal Framework:

Article (13) of Protocol II relating to the protection of victims of non-international conflicts provides that at all times “all parties shall distinguish between the civilian population and combatants, and between civilian objects and military objectives.

 

Pursuant to the provisions of this Article, and for the sake of the protection of the civilians, the parties to the conflict shall take all feasible precautions to avoid, and in any event minimize harm to civilians and civilian objects.

 

Moreover, under the IHL, the parties to the conflict shall distinguish between the civilian and military targets during actions of hostility. 

 

It’s worth mentioning that even the attacks, which are carried out against combatants or military targets, shall be subject to rules that aim to ensure the protection of civilians during actions of hostility. For instance, the parties to the conflict shall assess/evaluate the type, nature, potential effect and range of the weapons they use, and whether they can use another tactic that may serve the protection of civilians and entities in a better way. They shall also assess/evaluate the site, whether they intended to use it for military purposes or/ and combatants. In densely-populated areas, where a military target is located, the parties to the conflict shall only use accurate weapons in a way that minimizes the risks of incurring civilian deaths and/or injuries.  

 

The IHL prohibits the use of unguided projectiles in densely-populated areas, which makes it impossible to be aimed with precision at specific targets. Such projectiles are randomly guided or directed due to their design, and thus their use shall be deemed a war crime. Moreover, the mortars can be described as munitions that lack accuracy. They shall never be used in attacking military targets located in or near civilian areas.

 When using precision-guided weapons to attack a military target located in densely-populated areas, the evaluation/assessment shall ensure that the attack is proportionate. Failure to do so, the indiscriminate attacks shall be deemed as violations against the IHL, and as a war crime.

 

Incidents:

·         On Wednesday, January18, 2017, about 08:45 pm, a projectile landed on the house of Waleed Mohammed Rashed Al-Shameeri, which is located in Madinat Al-Nour in Taizz. Another projectile landed roughly three meters away from the house. This attack resulted in killing nine civilians, including three children, and wounding six others, including two children.

 

According to the statements obtained by Mwatana for Human Rights, the two projectiles were fired from a point to the north of Taizz City, Al-Siteen St. to be precise, which is half a kilometer away from the scene. Forces allied to Ansar Allah group (the Houthis) were stationed at this point. The nearest checkpoint belonging to the popular resistance was located about 400 meters from the scene.  

 

In his statement to Mwatana for Human Rights, Abdu Ahmed Al-Shameeri, (40 years old), who was wounded together with five others in the attacks, said: “Before the incident, I was in my house, which is located 10 meters from where the projectile landed. I heard something hurtling through with a whoosh. I could realize then that the projectile would land in the neighborhood. Seconds later, I heard a powerful explosion, louder than a clap of thunder. I rushed out of the house, only to see a crowd of local residents outside of the house of our neighbor, Waleed. I then knew that the projectile landed on his house. The house residents were also outside at the time. Then the neighborhood chief came to the scene and dispersed the crowd, fearing that another projectile would be fired, so I went a little away from the crowd at the scene. Four or five minutes later, I heard something whooshing again, and I ran away to the opposite side. The other projectile landed about two or three meters from the crowd. I was screaming, out of fear! People in the neighborhood gathered at the scene and were taking the wounded to the hospital. One of them carried me when he saw blood coming out from my head and right hand.”[1]

 

Mohammed Mohammed Ali Nasser, a 24-year old eyewitness, spoke to Mwatanah for Human Rights. He said: “I was at a khat-chewing session in the neighborhood, along with other young people. I heard the explosion of the first projectile that landed about 16 meters away. I rushed to the scene and arrived there at the same time as the neighborhood chief. The chief yelled at me: ‘Don’t crowd into the place… They would strike again! The crowd walked to one direction while I walked to the other. One minute later, I heard an explosion of another projectile. I could know that it hit the crowd of people. I ran back to the place only to see people strewn on the ground. I was in a state of shock! I just kept feeling the bodies around; I had no idea what I was doing!”[2]

 

Mohammed went on to describe the appalling incident: “I stopped to see Hashem Mohammed Mohammed Saleh (27 years old). He was hewn out of his belly, and his bowels came out of his body; I felt dizzy. One of the rescuers grabbed my arm and dragged me to Ali Mohsen Thabet Al-Wahassi (45 years old), who was crying in pain from wounds in his feet, just to help him carry Ali. I tried to, but my hands were shaking and I was overwhelmed with fear. Every time I tried to carry him, the wounded would fall until we reached the car that took the victims to the hospital. Then I just wept uncontrollably….After we took the victims to Al-Buraihi Hospital who were later transferred to Al-Thawrah Hospital, I went back home.

 

In his statement, chief of the neighborhood Ali Mohsen Al-Wahassi, (45 years old),[3]described the aftermath of the second projectile. Speaking with Mwatana for Human Rights, al-Wahassi said: “I sustained shrapnel wounds in my right thigh and heel. However, I was still up on my feet; I did not fall. Then all on a sudden, Rani Mohammed Mohammed Saleh, (20 years old), threw himself at me that I fell on the ground. He was bleeding from his head. I turned to ask for help. I saw all the people round me strewn on the ground; I saw bodies with bowels out, others were charred with legs or hands cut off, and several others dead. I turned to check on Rani only to see him breathing his last. I shouted for help so loud that some of the local residents came [to the scene]. I asked them to help us, but most of them backed out when they saw the gruesome scene. We remained in that state until relatives of the victims came and took us to Al-Buraihi Hospital. We stayed there for five minutes, then we were taken to Al-Thawrah Hospital.”[4]

 

Jamal Mohammed Al-Wosabi (16 years old), one of the people wounded in the incident, said that he was taking pictures from the scene where the first projectile landed on the house of his neighbor, Waleed. After the crowd was dispersed by the neighborhood chief, Jamal was sitting with his friend Hussam Adel Qassem Al-Shameeri leafing through the pictures taken. But the second projectile was faster to hit before his finger would touch the phone’s screen. Hussam was killed in this attack.   

 

Jamal added: “I saw Hussam putting his hands on his chest as blood was coming out. I put my hands on his chest too, and was calling out his name; he could hardly see me. Then my hands were awash with blood. I thought it was Hussam’s blood, until I started to feel pain. I found out that I was wounded in my left hand and the left side of my chest and abdomen. I was crying and calling out his name, ‘Hussam’, until some people gathered around and took us to a hospital. I kept holding Hussam’s hand until he died. We were taken to Al-Buraihi Hospital; Hussam was still alive when we got there. I was begging the medical personnel there to save his life. One of them told me, “He is gone’! I screamed at the top of my voice and continued to look at him in fear until I was sure that he was dead. We were later transferred to Al-Thawrah Hospital”.[5]

 

·         In the evening of Friday, February 24, 2017, around 05:40 pm, a projectile landed near a popular restaurant in downtown Marib, which falls under the control of pro-Hadi forces. The attack resulted in killing three civilians and wounding 16 others, including children.   

 

Eyewitness Aqlan Mohammed Al-Jaberi, (21 years old), said: “As usual, I was in my store selling spices, which is some 150 meters away from the restaurant. When the restaurant workers were preparing for the dinner shift, a big explosion occurred, knocking me off my feet and throwing me inside the store. I jumped up and ran outside to see what that was. I saw smoke and dust engulfing the entire area, which was coming out from the frontal side of the restaurant. I saw people in a frenzy; some were running away and others rushing to the scene. One of the cooks came out running and horrified. He got to my store, screaming and saying that there were seven or eight people dead inside the restaurant. Then I and a group of people, who gathered there, tried to help rescue and take the casualties to the hospital.  We started with those who were wounded outside of the restaurant before the fire inside was put off. Then we turned to those who were killed and wounded inside the restaurant. We also rescued the owner of the next-door grocery, whose left leg was cut off while he was chewing khat inside.”[6]

 

Another eyewitness, Fayyadh Mohammed Hassan, (23 years old), was installing a florescent banner – outside of “Al-Rassam” for Advertising – when the explosion took place. Fayyadh said: “The restaurant was on fire and people were in a frenzy. I saw a child on the ground with blood all over his body. He was taken [to hospital] in a car. I also saw two of the restaurant workers as they were taken to a hospital aboard a Hilux pick-up truck; they were charred due to the explosion of the projectile and the fire that was caused by the explosion of one of the gas cylinders”.[7]

Seven months before the restaurant incident took place, Abbas Hassan Hameed, (15 years old) – one of the survivors of the restaurant incident – left Al Hudaydah for Marib, along with his brother, following the death of their father, in search for work. In the evening of that Friday, Abbas was chewing khat, along with his brother and about 10 other people at one of the doshams (small huts built with small rocks, with cardboards and plastic sheets as rooftops). In the spot where cattle feed was being sold. The spot was on the opposite side of the restaurant. Hameed sustained shrapnel wounds to his neck and chest, as well as to his left hand. Four other people also sustained shrapnel wounds to different parts of their bodies.[8]

 

One of the rescuers, Mohammed Ateq Al-Kharraz (23 years old), believes that the projectile was fired from the western side, specifically from Sirwah area.[9]

 

The areas in western Marib, especially those located between the governorates of Marib and Sana’a – including Sirwah, continue to witness fierce confrontations between pro-Hadi forces and the Saudi-UAE-led Coalition, on the one hand, and the Ansar Allah forces (the Houthis), on the other.

 

·         On Friday, September 8, 2017, around 10:45 pm, a projectile landed on the Al-Qassr crossroad in Taizz City, leaving four civilians dead, including three children. A man and a child were also wounded in this attack.

 

The projectile is believed to be fired from the western side of the targeted crossroad, where the armed popular resistance in Al-Shammasi area is stationed. Al-Shammasi area is located one and a half kilometers from the Al-Qassr crossroad.[10]

 

A number of victims and their relatives spoke to Mwatana for Human Rights about the attack. Fatima Abdul Karim Ahmed (34 years old), who lost two of her sons said: “The warring parties had our wedding party concluded with a projectile that took out two of my sons and another two from our relatives. Another two were also wounded. That day in the evening, the house was full of people; I was sitting with my sisters and the guests who came from Al Hudaydahand Sana’a along with their children. They just attended the wedding party to celebrate with us and share our joys. But they did not only share the joys with us, but also the sorrows on the last day of the wedding”.[11]

 

Fatima added: “That day we heard an explosion in the area, about half an hour before the other big blast took place. The explosion we heard was far from our place, and it was not that big. We did not pay attention to the sound of the explosion, because of the hustle and bustle of the party in the house. When the other big blast occurred in our house, which turned our joys of the wedding and Eid into sorrows, I was with my sisters, along with the other women and girls, in the northern apartment of the house. My husband, Jalal Mohammed Hassan, and my son – the groom – were there with me in the same apartment, while the rest of my sons were in the other apartment, along with the young men and children. We heard a big blast just next to our house; it shook the house strongly. The apartment was full of dust and smoke due to the explosion.”[12]

 Fatima went on to describe the incident, saying: “Then I immediately went out of the house, along with my husband; the place was overwhelmed with dust and smoke that we were choking. Lights were off in the apartment where the young men were sitting. My husband was calling to our sons, Majed (17 years old) and Ashraf (12 years old); they were not answering. At that time, I shouted at the top of my voice, asking the girls to bring torchlights. When we reached the apartment, the door was torn apart; the window of the sitting room was thrown on the ground; and the whole apartment was full of stones and shrapnel pieces. Then our neighbors came; they carried the victims one after another and brought them all to the street. Every time they brought a victim, they would say: ‘still more are inside’. They brought Basheer Hassan Awadh (24 years old). He was walking, while all the others were carried by the rescuers. I did not know how many victims they were. I passed out when I saw them carrying my son, Ashraf, whose left foot was fractured and bleeding.”[13]

 

Fatima concluded her statement, saying: “The victims were all taken to the MSF[-run] hospital. Four people were killed, including two of my sons, one of whom died immediately when the blast took place while the other died ten days later.”[14]

 

For his part, one of the wounded, Basheer Awadh Hassan Mohammed Saleh (24 years old), said in his statement: “Right after the blast, and amidst a cloud of dust and smoke, I saw Jalal Mohammed Hassan heading toward us with a torchlight in his hand. I hurried toward him and threw myself at him to get me out of the place. A bus of one local resident arrived, while the rescuers were evacuating the rest of the victims. I was taken into the bus. A military pick-up truck belonging to the Houthis (the party that has control over the area) arrived to pick up the rest of the victims.”[15]

 

Moreover, Mohammed Abdullah Saeed Al-Sana’ani (35 years old), father of the wounded child, Mahran (12 years old), spoke with us. He said: “At that time, I was in Al-Hawban area; I received a phone call from one of my neighbors who told me that a projectile landed near my house, (on the house of the wedding party), and that my son, Mahran, was injured. I called my wife. And other local residents called me to tell me that all the victims were taken to the MSF[-run] hospital in Al-Hawban area, some three kilometers away, to the east of our area. When I arrived at the hospital, I asked them about my son, Mahran. He sustained some shrapnel wounds, but he was putting one hand on his eye; he sustained a shrapnel wound to his eye in the attack. He was in the same house, along with the other victims. Medical personnel at the hospital said that eye injuries require a specialized doctor, but none is available in our governorate (Taizz). I decided to take my son to Ibb City. When I was leaving the hospital, Fathi Awadh Hassan (22 years old) was transferred to Gulf International Hospital in Al-Hawban area, but he did make it; he died on the next day.”[16]

 

Al-Sana’ani concluded his statement, saying: “A lot of local residents have abandoned our area as the fighting was coming closer. Following that incident, I moved to Al-Qasr crossroad, along with my family; and I rented a house in the Mafraq Mawiyyah area, in eastern Taizz. I have been taking my son from one clinic to another in Ibb and Sana’a. I have spent more than YR200,000 (roughly $450) all in vain. “My son still needs to undergo a surgical operation to remove the shrapnel pie