Section 8: Sexual Violence

Mwatana for Human Rights documented seven cases of sexual violence against 8 children in 2018. Forces loyal to the Saudi/UAE-led Coalition and President Hadi were responsible in sexual violence against 6 children, while the armed group Ansar Allah (Houthis) responsible in sexual violence against 2 children.

Mwatana documented the rape of six children in 2018, including of five boys—9, 12, 13, 16 and 17 years old— and one girl, 15. Mwatana also documented other forms of sexual assault of two children—a 13-year-old boy and a 17-year-old girl. In all cases, survivors were vulnerable even before the sexual violence, either children or members of the muhamisheen community. In one case, the man who raped a child was responsible for humanitarian aid distribution. In another, the child had been recruited and was raped by an adult in those forces.

The real number of victims of sexual violence is likely much higher, as social customs and stigma often prevent victims from reporting. Survivors are often afraid that perpetrators may retaliate if they report the crime.

Support for survivors of sexual violence in Yemen is extremely limited, if available at all. In no cases, either committed by Ansar Allah forces or those loyal to the coalition and Hadi government, did it appear perpetrators had been charged or appropriately prosecuted.

Given continuing risks to survivors—all of whom were children—Mwatana is providing an overview of the cases, rather than a description of individual incidents.

Legal Framework

Sexual violence and rape are prohibited during international and non-international armed conflicts. Common Article 3 of the Geneva Conventions prohibits “violence to life and person” including cruel treatment and torture and “outrages upon personal dignity,” which Additional Protocol II of the Geneva Conventions specifically defines as including rape, enforced prostitution, and any form of indecent assault.

The Rome Statute of the International Criminal Court includes rape and other forms of sexual violence as war crimes. Rape, sexual slavery, enforced prostitution, or “any other form of sexual violence of comparable gravity” constitutes a crime against humanity if carried out as a part of large-scale or systematic attacks against the civilian populations.

International human rights law also prohibits sexual violence, amounting to a form of torture or cruel, inhuman or degrading treatment or punishment.