السلام عليكم
قرأت بالامس موضوع أكثر من رائع و مجهود يشكر عليه الاخ عادل الذهب عن أحداث صعدة و قد كان هذا البحث رسالة الماجستير للتخرج من جامعة north western > بأمريكا. الاخ عادل أخذ ماجستير في قانون حقوق الانسان. البحث مكتوب باللغة الانجليزيه و رغم تخلل بعض الاخطاء الاملائية (النسخه الاولى)الا انه مجهود جبار. البحث يصلح لان يكون مرجعا لغير الناطقين بالعربية . على العموم , البحث في تصرفكم و قد أجاز الاخ عادل نشرة..... المشكله انني لا أعرف كيف أحمله على الموقع...... الرجاء الافادة....
......................................و السلام
A Master Degree on the Events in Sada'a
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truth_seeker
- مشترك في مجالس آل محمد
- مشاركات: 44
- اشترك في: الأربعاء مايو 25, 2005 10:12 pm
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truth_seeker
- مشترك في مجالس آل محمد
- مشاركات: 44
- اشترك في: الأربعاء مايو 25, 2005 10:12 pm
السلام عليكم
هذه هي رسالة الاخ عادل الذهب لنيل درجة الماجستير
وهي كما وصفها اخي truth seeker وقد بذل فيها الاخ عادل الذهب جهدا كبيرا ونتمنى له التوفيق
الرساله تحت عنوان حرب صعده مدخل قانوني
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Legal Approach for the Armed Conflict in Saddah Area (Yemen) 2004 - 2005.
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Adel Aldhahab June 15, 2005[1]
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Table of contents
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Subject
Page
Introduction (the question)
3
General information about Yemen
4
What is Zidi Islamic school
5
difference between Hashemite and Shiat
7
History of Hashemite and Zidi in Yemen
8
Hashemite and current president
9
Yemen and human rights conventions
11
Freedom of religion in Yemen in 2003
12
Other human rights issues in 2003
13
Events according to government
15
Events according to the other party
22
Events according to third parties
25
Testimonies for witness
32
The legal doctrine that govern the issue
36
Assessment
48
Conclusions
68
Recommendations
69
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Introduction
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There were two big military campaigns in Yemen. One was in 2004 and the other in 2005 and some people talk about a third expected one[2].آ These campaigns were the strongest in the recent history of the country[3].آ Its cost according to Yemeni government was $350 million[4]. (annual budget of Yemen is $4 Billion[5])آ Yemeni government claimed different stories about these campaigns but mostly there is a claim that foreign powers are behind the anti government forces. Opponents claimed different stories and some of them claimed it is a genocide campaigns.
There was an agreement between the government and other concerned parties that, targeted people are belonging to Zidi faith and ofآ Hashemite race.آ Currently a group called Believed Youth which was led by Shiat scholar Hussein Bader Aldeen Alhouthi until his death in September 2004.آ Afterwards led by his father Bader Aldeen Alhouthi in March 2005.آ My paper is going to address these campaigns by trying to assess whether these campaign were against group of criminals, or was disproportionate abuse of power, or was it genocide?
To address these questions I will supply background about the political life and the human rights conditions and situations in the country in 2003 prior to these events in 2004/05.آ I will also relate certain background information about this particular group and its relations with the government.آ I will then provide details about the military operations, and present information about some of the different players and certain witnesses to these events to impart further evidence as they describe their personal experiences with these campaigns.آ Then I will make my conclusion.
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General information about Yemen[6]
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Yemen is an Arab, Middle Eastern, Muslim, and an Asian country that is located on the southern side of Arab peninsula. Its area is 527,970 sq km and its population is 20,727,063 as of June 2005.آ Sadah the area of operation is located north of capital Sanaa 244 km, close to Saudi Arabia borders.
The ethnic groups consists mainly of Arabs with majority of the population totaling over 97% , as well there are Turkish, African, and India ethnicities each at about 1% of the population each .آ
Religious group are comprised mainly of Muslims holding over 99% of the population.آ There is a small Jewish sect of about 5000, and a very small division of either Christians, and Hindus.آ All three of the latter combined total actually less than 1 % of the religious sects.
Style of government is republican.آ The political system is mixed system based on French style system.آ آ آ There is a president that holds a majority of the authority and decision making control, and there also a prime minister with less authority.آ The current President has held power since 1978.آ There is a parliament that was elected three times on time since 1990.آ آ The political system is multi party system, the General Conference Party (President’s party) is the ruling party with 244 seats majority out of 301 seats in the parliament according to the result of 2003 parliamentary election. The Yemen collation for reform is the main opponent party with 45 seats in parliament and it is considered an Islamic party certainly Muslim brotherhood movement. Socialist party has 7 seats in parliament. Then Nasri party (named after former Egyptian president, Nasser) has two seats in parliament and it is a secular party that has socialist values. Baath party (Syrian branch) each of them has two seats in parliament. There are other parties that don’t have representation in parliament (about 20), the related ones to our subject are Alhaq party (the Just) and coalition of people powers. Alhaq had one seat in 1993 parliament. Both of these two parties are well known as representatives of Zidi Islamic school (certain type of Shiat)آ
Legal system is based on Islamic law, Turkish law, local tribal customary law, and English common law. Judicial authority is independent by law but it is not in practice.آ
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What Zidi Islamic school ? [7]
Zidi is an Islamic school that belongs to Shiat in general but it has more similarity with Suni in others. In order to make this clear, I will figure out the difference between Suni and Shiat Islamic schools. Both schools believe in one Allah, all prophets and the last one was Mohammed. They prayed five times a day, fast Ramadan; go to Haj once inآ life. Both believe in Day of Judgment, angels, hell and heaven. Both believe in Quran and they have the same version of it. And the only difference is about the political theory.
آ First I have to mention historical facts about the 4 governors who handled Muslims issues after the death of the prophet; they are AbuBaker, then Omar then Othman then Ali. And the difference is about the following points:
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Suni believe that the best Muslims after the prophet are Abubaker (the first governor) then Omar (the second Governor) Then Othman (the third governor) then Ali (the fourth governor). Also Suni believe the mandates of these people were correct and they were legitimate governors.آ آ
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ -Shiat (they called some times Ethna Ashryah or Gafryah and they exists in many places in the world (especially Iran, Iraq, Lebanon and Pakistan) believe that the best of Muslim after the prophet was Ali then his two sons. Also Shiat believe that the most deserving to be a governor after the prophet was Ali, so they think Abubaker, Omer and Othman were illegitimate governors and Shiat insult these governors.
Now it will be easy to put Zidi among these two groups:
Zidi is exists only in Yemen, according to US department of the states international freedom report of 2004 Shiat Zidi in Yemen are 30%[8] of the population.آ آ
Zidi shares some value of Suni and others of Shiat, they share Shiat that Ali was the best of the Muslims after the prophet and he supposed to be the first governor after the prophet. On the other hand they think that Abubaker and Omar were legitimate governors (because Ali accepted their mandate and dealt with them accordingly) so Zidi talk respectfully about these governors.آ آ
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This difference was about the past. What about the general political theory? [9]
Suni believe there are conditions for Muslim governor and in the end of the conditions they said it is preferable if this person would be from Hashemite family[10]
Shiat believe that being a Hashemite is one of the essential conditions and usually they required him to be from certain race in Hashemite family (Ali, then Alhasan, then Alhussien, then his son and his son until the tenth grand son of Ali). This is according to Shiat except Zidi. Zidi requires him to be Hashemite from Ali’s son what ever the branch in addition to other conditions.
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What is the difference between Hasimate and Shiat?آ
Shiat is a faith, the people who believe in what we mentioned earlier. But Hashemite is a race, which means it is family that belongs to Prophet. So it is not necessary that each Hashemite to be a Shiat or each Shiat is from a Hashemite family.آ But practically and generally speaking most Hashemite are Shiat (in Yemen). Also being a Shiat means among other things to believe in the spiritual status of Hashemite.آ Although there are no statistics about Hashemite in Yemen, but if I will try to guess from my observation as a Yemeni, I would say Hashemite are about from 10 % to 15% of Yemeni population. [11]آ آ
Brief about the role of Hashemite in Yemen and the existence of Zidi School there[12]
Yemenis interred Islam in the beginning, certainly during the life of Prophet (sixth century).آ Then when many bad events happened in Yemen during the second Islamic century (seventh century). Some Yemenis asked one of Hashemite family who was living in Madenah- part of Saudi Arabia now- (Imam Alhaddi Yehya bin Alhussien) to be their governor, he came and ruled Yemen and spread Zidi faith as a result some scholars named Zidi Hadoi[13].
From this moment until 1962 Hashemite family (Haddi’s sons and grand sons) ruled Yemen. By taking into consideration these Hashemite states were challenged from time to time by local and external powers, so it was ruling all Yemen some times including part of Oman and part of what called now Saudi, on the other hand during weakness time, it was shrinking in Sadah area (which is the area of the conflict of 2004 and 2005). Because of that Sadah is widely considered the capital or the center of Zidi or Hashemite movement. Example about the weakness period is during the occupying of Turkey Empire which ended in 1921 because of Hashemite resistance[14].
In 1948 the Hashemite regime by that time was a repressing one. A revolution took place and because of the deep legacy of Hashemite family the revaluation’s makers themselves were Hashemite, but this was a failure one and another attempt to change in 1955 was also a failure, until 1962 when a revolution took place in Yemen. This ends more than 1000 years of Hashemite ruling.
آ آ آ آ آ آ آ آ آ آ آ There was attempt by the former Hashemite Zidi governor to return again by military campaign in 1967[15] by supporting of UK, USA and Saudi government, but Hashemite couldn’t make it[16].آ Some Hashemite participated in 1962 revolution as Ali Kaseem Almoaueed, but it wasn’t a Hashemite movement. The contrary it was anti Hashemite movement. After this event many Hashemite were executed[17] others found refuge in Saudi, Jordan, UK and USA. Others were excluded from their jobs and generally speaking there was discrimination against them.[18] (Hashemite claim this to continue until today).
آ آ آ آ آ آ آ آ آ آ آ In 1990 Yemen reunited (South and North) and a marginal democracy started. So multi party system was found and free elections and newspapers[19]. Therefore Hashemite established four movements and four news papers.آ First was Alhag party (the just party) and their news paper was Alomah (the nation). Ethad Alqua Alshbyah (union of people power) UPP the head of this movement is Ibrahim Ali Alwazeer who is the son of the maker of the failure revolution of 1948 that was mentioned earlier and their news paper is Alshoura (democracy or consultation[20]), Rabetat Abna AlYemen (union of children of Yemen) and their news paper is Ray[21]. Harkat Altoheed Walamel Aleslami (movement of Islamic activities) and their news paper Alblagh (the declaration). آ
The relations between Hashemite movement and current president
Since the President is the key person of political life[22] since 1978, we must address this relation to have an idea about the motivation and background of the war.
After the 1962 revolution the general campaign started and continue until now against Hashemite because of their bad rule from 1921 (independence from Turkish Empire) until 1962[23]. This president took power in 1978.آ The tone continues same as in the past. Socialist party was leading South Yemen and President Salah was leading the North. When Yemen reunited in 1990, there was a big dispute between the president and social party because of the result of 1993 election. Hashemite stood with social party, so when the dispute was solved by force (general war of 1994 that President won[24].) the president took revenge actions against Hasimate because of their support to social party[25]. These actions were closing the party of Union of people Power UPP and confiscating their equipment with out judicial actions and stop the news paper of this party[26]. But on the other hand the president appointed the secretary general of Alhaq party as a minister for Islamic affaires in 1997, and then he resigned and said there was a plan to hurt his reputation by encouraging corruption in this ministry[27].آ When the former Imam (the king) that was kicked out in 1962 died in 1997 in Britain, his family asked to bury him in Yemen, president refused then after he was buried already in Saudi , the official news paper of Yemeni army 26th of September welcomed burying him in Yemen[28]. Alshoura news paper, which is the official news paper of union of people powers UPP, was closed more than time by judicial judgments some times and others with out for example in 1994, in 1998, 2000 and in 2004. On the other hand some Hashemite occupied high position during this president such as Yahyal Almotokeelآ who was occupying the Assistant of Secretary General of ruling party and who was killed in car accident in 2003 and Hashemite thinks there is a mystery behind his accident.[29] Also Brigadier Yahya Alshami who is the governor of Albyda and many others but all these are members of ruling party.
Human rights situation in Yemen during 2003.
First the stand of Yemen in international human rights instrument[30]
instrument
Status (inter into force)
CAT
1991
CCPR
1987
CEDAW
1984
CERD
1972 – reservation
CESCR
1987 - reservation
CRC
1991
CRC 2nd protocol
2005
ICC
Signed but not ratified [31]
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I will give an idea about the general human rights situation in 2003 (before the events), the resource will be US department of the State human rights report[32], amnesty international report[33], and Arab human rights organization.[34]
First Freedom of religion,
Since we are talking about religious group, we need to know first the situation in this kind of right[35]
-There is traditional to restrict Jewish residents and employment. Mosques are monitored by intelligence. Closing unlicensed religious schools by justification to curb extremists. Foreigners were harassed by police for possessing religious literature. Police and security forces continued to detain suspected members of radical Islamist groups. Non Muslims may not hold elected office. Building worship places needs permission of government. The Government has attempted to prevent the politicization of mosques. Some members of the security forces occasionally censor the mail of Christian clergy who minister to the foreign community, ostensibly to prevent proselytizing. Police and security forces detained suspected members of radical Islamist groups with clear links to terrorist organizations. Since 2001, several hundred "Afghan Arabs" (Islamists who had returned after spending time in Afghanistan) have been detained for questioning. Many such persons were released within days; however, some reportedly continue to be detained beyond the maximum detention period. There were no reported incidents of violence or discrimination between the adherents of the two main orders of Islam, Zaydi and Shafa'i. In December 2002, extremists carried out two apparently religiously motivated attacks. On December 28, Ali al-Jarallah killed Yemeni Socialist Party leader Jarallah Omar at a political party conference, and on December 30, 2002, Abed Abdul Razak Kamel killed three hospital workers and injured one at an American Baptist-run hospital in Jibla. Kamel later said the two attacks were coordinated, and that they were targeting "seculars," Christians who proselytized and members of a sect of Islam called the al-Buhrah. Anti-Zionist and anti-Semitic attacks in the mass media on an almost daily basis.
Other dimensions
Ali Abdullah Saleh, the President and leader of the GPC, was elected to a 5-year term in the country's first nation-wide direct presidential election in 1999, winning 96.3 percent of the vote. In 2001, the 5-year term was later amended to a 7-year term. The President was not opposed by a truly competitive candidate .The president is the head of executive branch, army, intelligence and judiciary. Decision-making and real political power still rested in the hands of the executive branch, particularly the President. The referendum of 2001 allow the President to dissolve Parliament without a referendum in rare instances
آ Many conflict solved by mediation. A total of 166 foreigners have been kidnapped since 1992. The Government has acknowledged publicly that torture occurred. The immunity of all public employees from prosecution for crimes allegedly committed while on duty also hindered accountability; prosecutors must obtain permission from the Attorney General to investigate members of the security forces, and the head of the Appeals Court formally must lift their immunity before they are tried. Low salaries for police officers of approximately $35 to $53 (6,000 to 9,000 riyals) per month also contribute to corruption and police abuse. There were credible reports of the existence of private prisons in government installations, although senior officials did not sanction these prisons. In cases in which a criminal suspect was at large, security forces in some instances detained a relative while the suspect was being sought. The judiciary was weak and corruption and executive branch interference severely hampered it. The executive branch appointed judges, and some have been harassed, reassigned, or removed from office following rulings against the Government. There were reports of holding hundreds of prisoners with out trail for along time and their members claim no right was given to these detainees and the Minister of Interior acknowledged that the detainees were held but asserted that it was necessary for national security. The Constitution prohibits interference with privacy; however, security forces routinely searched homes and private offices, monitored telephones, read personal mail, and otherwise intruded into personal matters for alleged security reasons. Such activities were conducted without legally issued warrants or judicial supervision. Some security officials attempted to influence press coverage by threatening and harassing journalists. In 2002 the President issued an amnesty for all journalists in detention or awaiting trial. The Constitution provides for freedom of assembly; however, the Government limited this right in practice. In March, security forces killed and injured demonstrators after a gunfight broke out between demonstrators and security forces protecting a foreign embassy. The Constitution provides citizens with the right to change their government; however, there were limitations in practice. The Constitution prohibits the establishment of parties that are contrary to Islam, oppose the goals of the country's revolution, or violate the country's international commitments. Formal government authority is centralized in Sana'a. The first elections for the councils were held concurrently with the constitutional referendum in 2001.. Many Akhdam, a small ethnic minority who may be descendants of African slaves, did not participate in the political process. There were no credible reports that citizen members of religious minorities were not permitted to participate in the political process. NGOs complained that at times there was a lack of response to their requests. Tribal violence continued to be a problem during the year, and the Government's ability to control tribal elements responsible for acts of violence remained limited. Tensions, which periodically escalated into violent confrontations, continue between the Government and some tribes
Conclusionآ
From these reports there was no indication about any clash or dispute between government and any of Hashemite or Zidi School and the freedom of religion didn’t mention any clash or discrimination against this religious or ethnic group.
The events
First Government story[36] (chronological order)
-The beginning of the story started by news in the Yemeni governmental daily news paper (Althoura) that Islamic scholar condom the extremist opinion of Alhouthi[37] then after one month the news reported about military clash between government and tribes in Sadah[38].
-Yemeni government claimed in its official daily news paper[39] that Alhouthi claimed to be a prophet and to be Almahdi Almontader[40]. Yemeni government claimed that his followers just Jewish[41] (in Yemen if a person wants to insult a person he would describe him as a Jewish) [42]
آ -The first declaration of event in 26th of Sep, which is a weekly military news paper that has strong link to President. It published a statement of the cousin of the president (Brigadier Ali Mohsen Alahmar) who led the military campaign and who is military commander of Sadah region declared that the campaign just targeted Hussein Alhouthi because of his attack on military vehicles and the cousin confirmed that the government military campaign doesn’t target any certain group[43]
-26th of September weekly news paper (the official speaker of ministry of defense) in its issue number 1135 in June 24, 2004 declared the reasons of the clash without mentioning its resources, these reasons according to the agency were[44]:
1- Attacking military and security forces that led to death and emery for some of them.آ
2-prohibiting public employees from performing their duties
3-incitement for people not to pay taxes to government
4-controling mosques by forces
5-Raising flag of foreigner sides
7-attacking prayers in mosques
8-paying money for youths to do these acts.
9- other crimes.
-Military news papers confirmed president met with religious scholars in July 2004 and he explained them that Houthi’s followers have extremist ideology [45]
-July 2004, Trail of a Yemeni judge because of his support to Houthi and his insulting of the companions of the prophet and his denial of some statement of the prophet, he was convicted and sentenced to 10 years and the trail lasted one month. [46] .
-Article for minister of Islamic affairs declared that Houthi has misinterpretation for Quran[47]
-Committee of parties (governmental body) threatened opponent parties that may be it will be terminated because of its support to Houthi movement[48]
-President in July 2004 assigned new committee to convince Houthi to hand over him self and the most surprising thing of this is that President included the second person in UPP (Mohamed Abdulmalek Almotaokel and the first person in Alhaq party (Ahmed Alshami) in this committee[49]آ
-According to the head of dialogue committee Judge Alhitar who is a member judge of Supreme court, the dialogue was about (difference between Shiat Ethnaashryah and Zidiyah, also the existence of US army, also the believe, more over the companions of the prophet[50]آ
-Public declaration in August to confirm that Houthi had a plan to make terrorism attacks[51]
-July 19, 2004 Yemeni president declared that Houthi has noting to do with Zidi or Hadoy, or any certain group, he has no agenda like this, and his agenda is to implement foreign intelligence agenda to interrupt development in the country. President confirmed there is a lot of evidence and it will be declared soon publicly[52].
-July 2004, Yemeni president promised Alhouthi a (just) trail if he surrender him self[53]
-The public editor of the military news in his assessment about Houthi crisis claimed that Houthi appointed him self as a governor (Imam) and he attacked checkpoints[54].
-Cousin of Houthi to publish an article in military news paper claiming that she felt a shame because of her cousin act and she said he was a member of parliament because of the support of the president. And she claimed Yemen achieved a lot during the time of the president and no body can deny that [55]
-Military news paper in its issue1148 of September 2004 said ministry of interior discover that foreign intelligence were behind Alhouthi and the reason was because of jealous of what Yemen has achieved in fighting terror and its role in international relation. [56]
-Yemeni president in mid September to declare amnesty for Houth’s father and give him the right to live any where in Yemen[57]
-Yemeni president declared in national day 26th of September that ending Sadaa events coasts us a river of blood.[58]
-The official opening of the military newspaper accused Alhouti that he was supporting separating part of Yemen[59]. Yemen has a local war of separation in 1994 as mentioned in the introduction.
-President to declare amnesty in favor Khawani[60] Khwani, who is a chief editor of Alsowra news paper the special speaker of UPP, and who was convicted of insulting president because of his articles that criticize the governmental military campaign in Sadah and the inheritance of power.
-Minister of human rights to describe the detention of journalist Alkhewani that†his detention has nothing to do with lawâ€[61]
-Military news paper confirmed that inheritance of power is just a lie and it will not happen and opponent parties abuse this and it is illusion just exist in their minds and news paper confirmed Yemen is a democratic country and power is not like Imam system like what was going on before 1962[62], (the most ironic thing is that the same issue of the news paper publish that President to give his nephew, who is a merchant, a military metal)[63]
-March 2005 declaration from ministry of interior that Houthi (the father) is in mountain and he is still attacking military units[64]
-Military news paper confirmed that Houthi left Sanaa suddenly in March 11 to lead the military campaign[65]
-In April the former prime minister and current secretary general of ruling party and in the same time current political consultant of President said†Houth’s movement had nothing to do with Yemeni culture and saying that Government targeted Hashemite is incorrect†[66] on the other hand he said that Houthi movement is satanic tree and it is against 1000 years of Yemeni history[67].
-An article in military news paper by Hareth Alshokani declared that†Hashemite is the problem of Yemen during history; he described them as strangersآ that came from Iran. He added they wear Islamic clothes but in fact they are evil. The editor said this religious school is dangerous, political, fake and racist[68]
-People threw grenades on military cars in Sanaa in April[69] [70][71]
-Deputy of minister of education confirms Americans and other foreigners are studying in Sadah non official schools that teach inciting against Yemen, unity and republic system.
-The evidence of government against Houthi as published in 26th of September military weekly newspaper[72]
-Yemeni ambassador in Iran in press conference declared that Houthi raised the arms against government and he flamed religious hatred in the country.[73]آ
-Yemeni government accused Alhouthi that he is Ethna Ashry (being Shiat like Iran and Iraq)[74]
-26th of September, the military news paper, described Hashemite as guests and they are in Yemeni land temporarily[75]
- Yemeni army uses Ariel operation and special landed forces fight one of the heavy fights during the war[76].
- The opening of the military newspaper makes pre judgment against Badr ALdeen Alhouthi that he is against Yemeni people and he is against republic regime.[77]
-President addressed members of parliament and religious scholar about the two wars, he said the fighters are in fact the military wing of Alhaq and union people powers UPP parties and they had a plan to return the regime that was ruling before 1962. He said there is strong evidence and the most important one is the interview with a member of union people power UPP in Annas news paper that he said †we will use the external to reform the insideâ€[78] president added I gave 2 million Yemeni riyal to children of Alhouthi after his death and I ordered the military leader of the area to give monthly salary of 200,000 YR.
-Minister of interior said victims are 525 killed and 2708 wounded and he gave the evidence of convicting Alhouthi which is a lecture to Alhouthi to a group of youths asked them to take governmental jobs and pretending to agree with current regime and explaining to the people the situations during this regime and the situations during Hashemite regime[79] (before 1962)
-Minister of local administration said 22 schools were affected by events and 532 homes were effected (some were destroyed and others were damaged and thirds were effected)[80]
-Minister of planning said direct losses in this war is $350 million but the indirect losses are above the ability to account it, we missed our reputation before foreign investors[81].
آ
-Government to publish the lecture of Alhouthi that government believe it is the big evidence to convict Alhouthi[82]. The lecture talks about the importance for the member of group to get education and get high jobs within government and show loyalty to current regime in order to get this done and finally to educate the people about the bad things of the current regime and reminding people about good things of Imam regime (Previous regime before 1962 revolution).
آ
-Government declared many Hothi’s followers will be sent to court and Alhaq party and UPP[83]
-Arresting the first Yemeni female as first precedence (Entesar Alsyani)[84]
-Minister of foreign relation declared that, we found foreign financial supplier for these people and we will declare them soon[85]
-Minister of Foreign affaires to visit Iran to explain the war there (Irani constituation obliged Irani government to protect Shiat every where in the world)[86]
The story of the targeted people
-Abdulmaliek Alhouthi, the brother of Hussien Alhouthi said[87]†Yemeni government is using against us all kind of weapons including the international prohibited one such as poisoned color gas, also government burned some of the wounded people in Sadah city and make cars pull their bodies†He added we were patient, during the last two and half years, we were detained and when they attacked us we defend our self, they didn’t treat us well.
-Bader Aldeen Alhouthi (the father) sent a message to the head quarter of Shiat in Njaf (Iraq) which called Hozat, he asked them[88] to do what ever possible to stop the genocide war against Zidi followers and Hashemite, he added, government refused to hand over bodies of killed persons and government burned the books of Zidi school in the main square in the Capital Sanaa in addition to confiscating libraries and making dealing with Zidi books prohibited. He added there is a campaign of arrest for student scholars and librarians, and many were kicked out from their job, finally he asked for truth commission to investigate the situations.
-Abdulmaliek Alhouthi, Hussion’s brother said[89]†we are prohibited from practicing our religion, we are targeted, our homes destroyed we are displaced, some of our brothers were killed and others subjected to genocide. He criticized the stand of Union of Islamic scholars by saying†we don’t know whether these are group of religious scholars or members of intelligence or military unit; they are agreeing always with the authority and doing what it wants. He deny the news of government that they attempt to change republican system or he met the president or make a promise to stop his activity and said I am not doing some thing wrong, I am saying death for Israel, death for the US and victory for Islam and I will continue to say this slogan, which doesn’t violate the law. He said this State fight people for their ideas, if the state is determined to continue its genocide against us, we will defend our self. He said we will not hand over our selves to the government because it is practicing genocide against us. The judicial system in Yemen is not just, and the head of this judiciary is the president, so how can we hand over our self?آ then when he was asked about their relation with Iran because he was interviewed by Iranian radio, he said making an interview doesn’t mean a relation, nowآ I am making this interview with you, is this mean I am with you?!!
آ
--Mohamed Aysh in his article in may 11,2005 claimed a military officer encouraged his soldiers to fight by saying their blood, children and women are free [90] (meaning kill their children, rape their women, and take their money)
September,8, 2004, Yemeni authority to detained Chief Editor of Alshoura because of his covering to Sadah’s event and because of his articles criticizing inheritance of power, he was threatened inside the prison and he was prohibited from visit and he was banned from right of appeal[91].
-Opponents claim that Yemeni intelligence confiscated the library of religious scholar Mohamed Meftah[92]
آ آ -Dr Almotawkeel, the deputy of UPP when he was asked by Annas news paper about his opinion about the accusation that Sadah war was against Zidi school and Hashimate, he replies†when situation escalates to confiscating books detaining religious scholars and students who didn’t hold guns, when actions reach the way how to call people for pry (shiat has a special one, and it was ban recently among other procedures), all that make such statement believe able. [93]
-Declaration of UPP because of occupying its building and kidnapping its member Nabeil Alwazeer[94]
-UPP declaration that deny existence of military wing and condemn the accusation of president[95]
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Alkhywowani who is an important figure in Hashemite movement said, “we have military wing and three soldiers controlled us†[96] kind of taunting.
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Hasimate to declare that detainees are over 1000 persons[97]
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Third parties story or opinion
-Amnesty report of 2005 about Yemen said about this event†Hundreds of people were killed, including many who may have been killed unlawfully, during armed clashes between security forces and political opponents in Sa’da Province. Hundreds of people were arrested and most of those detained from previous years remained held without charge or trial. In the rare instances where detainees were brought to trial, the proceedings invariably failed to meet international standards. There were increased punitive measures against journalists and restrictions on press freedom. “[98]
- ICRC visited Sadah[99] ICRC will not visit unless it is a strong and continuous area of conflict and as usual ICRC didn’t declare any thing except that visit happened.
-Iran to declare that it is not part of the conflict and it is not supporting Houthi. [100]
-British ambassador in Yemen declared in July 2004آ that Alhouthi group is not a terrorist group because they don’t target civilians. She added they don’t constitute a threat for US or Israel, but they constitute a threat for Yemeni regime[101].آ
-Dr Fahmi Houdi, who is an Egyptian scholar and widely recognized in the Arab world and member of the team of Arab human development report of 2004[102] said†since 10 months and the news come from Yemen regularly that heavy clash between houthi and Government, tanks, military air planes heavy canons are used, hundreds of victims from both sides. And so far no body comments on that. The information is rare from Yemen and there is no transparency and from what has come to my knowledge is that; Hussien Alhouthi was a member of parliament and he was in a good relation with government, so government encouraged him to separated from his main group and established a new one (Believe Youth), and some stories said government itself supported him financially in order to weaken his main group. Then dispute happened between movement and government due to different opinions on war on Iraq, so government decided to use force against them, and the government give priority to force rather than political solution. And he asked for quick steps to solve the problem before it will become another Darfor.[103] [104]
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-Member of Yemeni parliament Yahya Alhouthi, the son of Alhouthi and who is in the same time a member of ruling party (president’s party) and who is know in Sweden and unable to return to Yemen although he has immunity as a member of parliament. said[105]†solving the problem is in the hand of the president, he asked president to stop killing and arresting Zidis. He describe the believe youth as a cultural movement that was established to stop the effect of Salfyah movement[106]. He said government bombard my father’s home in order to kill him although he is 82 years old and he did nothing to deserve that.
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- The declaration of Hozah elmyah in Najaf (Iraq) the head quarters of shiat in the world) they condemn the persecution that shiat Zidis face it in Yemen[107] Hozat added there is a systematic campaign for genocide against Zidi and Yemeni government prohibited international organization from interring the area of conflict and Yemeni government use racism tone and incitement voice[108].
-Alquds Alarbi daily news paper said it was told (with out mentioning the resources) that Shiat of Bahrain and Kuwait supporting Houthi military actions financially[109].
-Mohamed Jameel in his article in Alquds Alarabi which is one of widely recognized news paper in the Arab world, said “ authority doesn’t want any side to have an influence especially in northern part either Hashemite, nationalism or socialisms, Hashemite is not a case in Yemen, but government wants to create an enemy from time to time. Faith believe doesn’t have racism case as government claim and they don’t have separation project or religious minority as government try to show them, and they are not extremists, they don’t have ties to external powers. They are just a normal Zidi which is the same school that rulers belong to. All what happened is that they are calling in mosques death for US, death for Israel. Mr. Jameel added there was abuse of power from government that led the manager of security in sadah to declare that†this war was a great national picture†(kind of appreciation the war).
-What call them self union of religious scholars in Yemen, they condemned the intervention of Hozat of Iraq in Yemeni affaires and they said Yemen is living in peace and there is no existence of Gafry faith in Yemen, and they end by asking Hozat of Iraq to concentrate on Iraqi issues.[110][111]
آ - Asahwah news paper that belongs to Islah party, in its survey found that 91% of people believe that detention of Alkewani make clear the fake of democracy in Yemen[112].
- The International Federation of Journalists says in Alkewani case “It appears that our colleagues are being victimized by local authorities who are trying to stifle free and independent voices in the mediaâ€آ [113]
-Unity of religious scholars declared that president in his historical speech that address the reasons of Sadah events[114]
-Coalition of opponent parties[115] condemns the accusations of government and abusing the media and confirming the importance not to establish any military bodies and not to abuse the official media by ruling party. [116]
-coalition of opponent parties declared that no one has the right to establish a military unit and the national army shouldn’t be used in favor of an interest of a person or a family or a group. They condemn the intervention in party’s privacy, by occupying the place of UPP party and taking of its computer and other equipment and the interring of security forces to places of islah party and Baath party[117].
--Wahdwi party blames government because of Sadah’s events and said. Government is responsible for misadministration of its central government and local one, which led to the security crisis. They added also their vision of the conflict by saying that†the real reasons of the conflict is not the declared one, they said the real reason of the crisis is abusing the resources and bodies of the state in favor of political and personal interests that contradict the national interest [118]on the other hand statement condemn the racism and religious extreme.
-Alquds daily news paper (international newspaper) confirmed that Yemeni government to prohibited religious celebration for Shiat[119]
- A Yemeni writers said†I am ready to believe there is satellite landed in moon from universe but I am not ready to believe that Houthi wanted to return Imamas, the war was long enough to know the reality and it is difficult to fabricate a new one. [120]
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- Alhakemi, who is the deputy chief of 14th October governmental publisher and news agency[121], and also who was harassed because of his writing about the crisis, wrote an article in 7/7/2004 addressed the crisis by saying (since the beginning of the crisis, we are just hearing from one part which is the government and the government gave many and huge contradicting explanations , so I have to tell the truth) he said Houthi became convicted according to government story with things and its opposite in the same time. He describe that†Houth according to government is calling death for US and Israel and in the same time he is widely supported by Jewish and he is a US instrument to implement its strategy in the region and finally he is a big supporter for Lebanese party Hezbollah. Hakemi made fun on government accusation that Houthi was always against 1962 revolution by saying that ( Houthi was born after revolution). Hakemi made fun of government claim that houthi he is asking that governor should be Hashemite by saying (All Islamic books including that are taught by public schools and universities teach such theory and all Islamic schools believe in general in this theory).آ Hakemi describes the people who were sent as mediator that they were biased because they described Alhouthi as (Almado[122]), and they said he must hand over him self to justice.[123]آ In Alhakemi second article in May 11,2005[124] said government supported the schools of youth believe in order to limit the influence of Islah opponent religious school and salfyah movement. Government abused the dispute in theory between Houthi and other zidi in order to isolate him alone. (The war was against zidi school and because of fear of zidi uprising) Alhkemi said first war cost 4000 killed person and president according to him said this war costed us (rivers of blood).آ And the first war lasted 85 days. In July 2004 a survey by government was held for the religious school, the survey found that 651 out of 4500 schools are belonging to Imamyah , government destroyed religious school to compensate the delay in ending the war early. In July judge Mohamed Lugman was sentenced for ten years (trail just took one month from July to August 2004) by accusation of supporting Alhouthi and putting picture of Alkhomyni and leader of Hezbollah Hassen Nasser Allah. Hakemi said military campaign ended in Sep 10 2004 but the undeclared religious war was the most important goal.
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- Alhakemi in an article in 7/7 2004 in Alshoura news paper said†president asked to attend the summit of the G8 according to Condlyza Rayze and President declared to media that he met with heads of FBI and CIA before attending G8 in Georgia. Alhakemi concluded president wanted to create an impression that this military operation was by USA request to give international justification for the campaign by trying to show this campaign as part of the war on terror. But the real purpose according to Alhakemi that President wanted to get rid of an important political figure that constitute a threat for his continuing in power and his son after him and Hakemi said US ambassador confirmed US has nothing to do with Sadah events. Also according to Hakemi Yemeni government was the one who started the war[125].آ More over Hakemi said president is appointing his son, cousins, uncles and other relatives in as military commanders did the war for his own personal reason not for the nation[126].آ
-Kicking out Alhakemi from his position as the deputy manager of 14th of October institutions governmental medias and Hakemi said this is because of expressing his views on Sadah events and added minister of media asked him many times to stop writing about that[127].آ
-Dr Mohamed Shamsan in his article in Alwahdwai news paper said†Yemeni intelligence and government supported Alhouthi in purpose to weaken Islah opponent party and Salfyah’s movement, Dr Shamsan said this comes under the general government policy to make clash between different political figures to weaken it[128].
-In April 8th British embassy to warn its citizen in Yemen from expected terror (during the second war of Sadah)[129].
-in the beginning of February of 2005 government released one of the main founders of believes youths (PY) Mohamed Yahya Ezzan[130][131]
Testimonies of witness
-The journalist Gamal Amer collected some testimonies of people who witnessed the war in sadah[132]:
-what is our crimes that military to make genocide campaign against us. Sada’s buildings were destroyed. My aunt was killed and we couldn’t bury her until her body stink. . Mother of Mohamed Hussein said†I am asking international NGOs to help us and stop this genocide campaign, my neighbors their home was attacked by two missiles and two families ended in this attack any one who goes out of his home is killed; we will die because of thirst. Aisha Ahmed 14 years old, I was in the school and the wall of the school was bombarded. Umm Naser hamoud Naji , I have 8 kids and I am pregnant, my husband was injuredآ and I was trying to treat him by grass in the mountain, but soldiers prohibited me, so I was forced to leave him, I moved here by protection of one of the head of tribe who claimed that I am his wife, I was insulted by soldiers, I left my husband and the insects starts to come from his injury. Fatmah Salah, I found some soldiers that they are young آ and they wanted to return to their families. Bodies are every where streets, valleys. Mohamed Alqury, I visited sadah in April, 7th 2005 and I found it empty and in the hotels there is no phone. The journalist (Mohamed Alqury)[133] said, I found three bodies that completely were burned, this was in Friday 8th of April, then at 3 PM.آ Soldiers tied the bodies to the back of the car then started to pull bodies in streets[134] the journalist added it was a terrible view, was not enough to kill the person?! Why making this inhuman thing with these bodies. The journalist added that he was told that the three bodies were for supporters of Alhouthi, they came and killed the officer Mohamed Hussein Alaoish. People showed me the place where the battle took place. I was afraid to take pictures. There was no equality at all between two sides Houthi’s supporters were surrounded by hundreds of soldiers.
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Assessment
From the stories of both parties in addition to third one, it is obvious that the talk is about group of rights such as (minority rights, religious rights, cultural rights, political rights, express rights, the right to change government, the right to criticize government, right of fair trail, right of knowing the truth and others) and makingآ assessment for such violations whether it exist or not and to which extent needs expanded paper. But since we decided in the beginning that this paper will JUST address the military campaigns in terms of its legitimacy and it’s proportionately especially whether it constitute genocide or some thing else.آ
Also since the events is in a remote area of Yemen (sadah) and since the events is just took place and is still expected to take place soon, it was not easy to get enough information about the case, but according to the available information, I will try to reach conclusion on the events.
First legal texts related to the subject (international law related to the issue)[135] and Yemeni law
Some scholars consider Genocide roles as jus cogenes roles that obliged all States[136] and we will give details about that.
-Convention on the Prevention and Punishment of the Crime of Genocide
-Yemen is obliged by Convention on the Prevention and Punishment of the Crime of Genocide[137](signed in 9 Feb 1987 and enter into force in 1989)[138]
Article II of Convention on the Prevention and Punishment of the Crime of Genocide[139]آ
Define what genocide by stating†In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
( a )آ Killing members of the group;
( b )آ Causing serious bodily or mental harm to members of the group;
( c )آ Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
( d )آ Imposing measures intended to prevent births within the group;
( e )آ Forcibly transferring children of the group to another group
And article III states that “The following acts shall be punishable:
( a )آ Genocide;
( b )آ Conspiracy to commit genocide;
( c )آ Direct and public incitement to commit genocide;
( d )آ Attempt to commit genocide;
( e )آ Complicity in genocide
Article IV states that†Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible article III which states that: The following acts shall be punishable:
آ ( c )آ Direct and public incitement to commit genocide;rulers, public officials or private individuals.â€
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-The Charter of Nuremberg
Although Yemen is not a party to Charter of Nuremberg, but since Article 38 of the Statute of International Court of Justice, which is an appendix to the UN Charter, mention the recourses for international law as
a. International conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law,
And it was said†principles applied by the international tribunal courts and its procedures, have been those of a State’s responsibilityâ€[140]
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آ Because of that the UN committee of codifying international law has recognized the principles that Nuremberg’s Charter as principles of international law[141]
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Also آ it was said about the Nuremberg Charter “ Article 6 of Nuremberg Charter has come to represent general international law. The General Assembly affirmed the principles of international law recognized by the charter of Nuremberg tribunal and its judgment†[142] More over artilce 6 of Yemeni constituation confirm the commitment with recognized roles of international law.
All these together makes the Charter obligatory to Yemen.
-Article 6 of Charter of the Nuremberg International Military Tribunal, states that†The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:
(a) Crimes Against Peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;
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(b) War Crimes: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;
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(c) Crimes Against Humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.
Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan
-Statute of the International Tribunal of Former Yugoslavia
Although Yemen is not a part for this statute but again according to Article 38 of Statute of ICJ, we can consider Statute of the International Tribunal of Former Yugoslavia as obligatory for other States as customary international law, by taking in account the following points:
-The Statute confirmed the principles of Nuremberg that GA already confirmed its principles as part of international law.
-The establishment of tribunal was by a decision of the Security Council performing its authority under chapter 7 which makes all states obliged with such decisions
-It constitute a general principle of law, for that regard it was said†principles applied by the international tribunal court and its procedures, have been those of a State’s responsibilityâ€[143]
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-Article 2 of Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (International Tribunal for the Former Yugoslavia)[144] states that “-grave breaches of the Geneva Conventions of 12آ August 1949, namely the following acts-
آ ( a )آ willful killing;
( b )آ torture or inhuman treatment, including biological experiments;
( c )آ willfully causing great suffering or serious injury to body or health;
( d )آ extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
( e )آ compelling a prisoner of war or a civilian to serve in the forces of a hostile power;
( f )آ willfully depriving a prisoner of war or a civilian of the rights of fair and regular trial;
( g )آ unlawful deportation or transfer or unlawful confinement of a civilian;
( h )آ taking civilians as hostages
and article 4 paragraph 2 states that†آ Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
( a )آ killing members of the group;
( b )آ causing serious bodily or mental harm to members of the group;
( c )آ deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
( d )آ imposing measures intended to prevent births within the group;
( e )آ forcibly transferring children of the group to another group.
3.آ the following acts shall be punishable:
( a )آ genocide;
( b )آ conspiracy to commit genocide;
( c )آ direct and public incitement to commit genocide;
( d )آ attempt to commit genocide;
( e )آ complicity in genocide.
And article 5 states that “Crimes against humanity
The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population:
( a )آ murder;
( b )آ extermination;
( c )آ enslavement;
( d )آ deportation;
( e )آ imprisonment;
( f )آ torture;
( g )آ rape;
( h )آ persecutions on political, racial and religious grounds;
( i )آ other inhumane acts
Rome Statute of the International Criminal Court
(Yemen signed the Statute but doesn’t ratify it yet[145]) but since the Statute codify the international principles of Nuremberg charter and other recognized international roles, so the Statute is obliged to Yemen as a principles of law or/ and as a customary international law. It wasآ said about establishing the court that†the establishment of the court is regarded as making a deficiency in international legal systemâ€[146] Also by taking into account that 99 countries have ratified the Statute so far[147] and since the establishment of the court was with general Assembly resolution[148]
Article 5 of Rome Statute of the International Criminal Court Adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998[149]
States that “Crimes within the jurisdiction of the Court
1.آ The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
( a )آ The crime of genocide;
( b )آ Crimes against humanity;
( c )آ War crimes;
( d )آ The crime of aggression.
Article 6 explained what constitute genocide crimes and article 7 crime against humanity, and article 8 war crimes
Geneva Conventions and its appendixs protocols
Yemen has ratified Geneva conventions on July, 16,1970 and ratified the two protocols in April, 17,1990 with out reservations[150].
Certainly Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)[151] states that “
Article 4.-Fundamental guarantees 1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honor and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors. 2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph I are and shall remain prohibited at any time and in any place whatsoever: ( c ) Taking of hostages;
-Article 5.-Persons whose liberty has been restricted 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained: ( a ) The wounded and the sick shall be treated in accordance with Article 7; ( b ) The persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided with food and drinking water and be afforded safeguards as regards health ( d ) They shall be allowed to practice their religion and, if requested and appropriate, to receive spiritual assistance from persons, such as chaplains, performing religious functions;
Article 9.-Protection of medical and religious personnel 1. Medical and religious personnel shall be respected and protected and shall be granted all available help for the performance of their duties. They shall not be compelled to carry out tasks, which are not compatible with their humanitarian mission.
Article 13.-Protection of the civilian population 1. The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations. To give effect to this protection, the following rules shall be observed in all circumstances. 2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. 3. Civilians shall enjoy the protection afforded by this Part, unless and for such time as they take a direct part in hostilities.
آ Article 16.-Protection of cultural objects and of places of worship Without prejudice to the provisions of The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort.
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Yemeni laws
-Constitution
Article 40†it is prohibited to use the army and security forces in favor of a party, or a person, or a group, and it should be protected from racism based on tribes, areas, political orientations or any other groupsâ€
Article 48 “ State guarantee for citizens their personal freedom and keep their dignity.. Torture is prohibited
Article 52 “ homes and prayers places are protected
Article 57 “ freedom of moving from place to another inside the gurantee is guaranteed and it is not allowed to restrict itâ€
Article 121†president declared state of emergency and it should be offered to parliament to approve it, and emergency just declared because of local war.
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Law
-Article 47 of criminal procedures “ it is prohibited to torture any person or treat him badlyâ€
Article 6om the same law†it is prohibited to torture or hurt any person physically or emotionallyâ€
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[152] The assessment based on the facts and laws.
First whether this group or these people are terrorist, criminal or not
Since British ambassador confirmed that this group is not considered a terrorist group and US ambassador said we are not part of this war and since accusation of government for this group that they are terrorist has no evidence and since human rights reports of the country for 2004[153] didn’t describe this group as a terrorist group, also this group is not among the list of terrorist group either US lists or European list[154]. And nothing from what have mentioned in the three stories indicated that a terrorist attacked took place by these people. So it is obvious that this group is not a terrorist group. Also since Alhouthi name is not among terrorist names of US or EU or SC[155], so Alhouthi are not a terrorist persons and generally this group is not a criminal group.
-Second who starts the war and whether it is legitimate or illegitimate war
Government didn’t provide convincing argument that Houthi was the one who started the war, the opposite is the convincing argument (government was the one who starts) because government claimed it has clear and many evidence but it hasn’t declare consistent evidence until now. As of the document that Houthi encouraged his followers to got job in government bodies and educate people about the difference between two regimes, it doesn’t constitute a crime and it doesn’t constituate a reason to fight these people[156]. Also government gave many explanations which contradict each other[157], it is true that one of the explanations was that Houthi attacked check points, but government keep changing reasons and didn’t provide certain events (date, time, injured, killed persons, victims) also government was concentrating on foreign support and extremist ideology but not attacking check points or similar things which make such accusation unbelievable. Also the first statement of the Althoura news paper (before the war) about dispute between some Zidi and Houthi gave clear evidence bout the intention of government to target this group (what was the interest of government to interfere in religious scholars disputes especially it is not common for government to do so). Finally non of the independent Yemeni news papers confirmed that Houthi was the one who started the war. So according to all that Government was the one who started the war and this war appear to me as unjustified war. So it is illegitimate war.
Third Whether Houthi should
هذه هي رسالة الاخ عادل الذهب لنيل درجة الماجستير
وهي كما وصفها اخي truth seeker وقد بذل فيها الاخ عادل الذهب جهدا كبيرا ونتمنى له التوفيق
الرساله تحت عنوان حرب صعده مدخل قانوني
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Legal Approach for the Armed Conflict in Saddah Area (Yemen) 2004 - 2005.
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Adel Aldhahab June 15, 2005[1]
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Table of contents
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Subject
Page
Introduction (the question)
3
General information about Yemen
4
What is Zidi Islamic school
5
difference between Hashemite and Shiat
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History of Hashemite and Zidi in Yemen
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Hashemite and current president
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Yemen and human rights conventions
11
Freedom of religion in Yemen in 2003
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Other human rights issues in 2003
13
Events according to government
15
Events according to the other party
22
Events according to third parties
25
Testimonies for witness
32
The legal doctrine that govern the issue
36
Assessment
48
Conclusions
68
Recommendations
69
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Introduction
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There were two big military campaigns in Yemen. One was in 2004 and the other in 2005 and some people talk about a third expected one[2].آ These campaigns were the strongest in the recent history of the country[3].آ Its cost according to Yemeni government was $350 million[4]. (annual budget of Yemen is $4 Billion[5])آ Yemeni government claimed different stories about these campaigns but mostly there is a claim that foreign powers are behind the anti government forces. Opponents claimed different stories and some of them claimed it is a genocide campaigns.
There was an agreement between the government and other concerned parties that, targeted people are belonging to Zidi faith and ofآ Hashemite race.آ Currently a group called Believed Youth which was led by Shiat scholar Hussein Bader Aldeen Alhouthi until his death in September 2004.آ Afterwards led by his father Bader Aldeen Alhouthi in March 2005.آ My paper is going to address these campaigns by trying to assess whether these campaign were against group of criminals, or was disproportionate abuse of power, or was it genocide?
To address these questions I will supply background about the political life and the human rights conditions and situations in the country in 2003 prior to these events in 2004/05.آ I will also relate certain background information about this particular group and its relations with the government.آ I will then provide details about the military operations, and present information about some of the different players and certain witnesses to these events to impart further evidence as they describe their personal experiences with these campaigns.آ Then I will make my conclusion.
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General information about Yemen[6]
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Yemen is an Arab, Middle Eastern, Muslim, and an Asian country that is located on the southern side of Arab peninsula. Its area is 527,970 sq km and its population is 20,727,063 as of June 2005.آ Sadah the area of operation is located north of capital Sanaa 244 km, close to Saudi Arabia borders.
The ethnic groups consists mainly of Arabs with majority of the population totaling over 97% , as well there are Turkish, African, and India ethnicities each at about 1% of the population each .آ
Religious group are comprised mainly of Muslims holding over 99% of the population.آ There is a small Jewish sect of about 5000, and a very small division of either Christians, and Hindus.آ All three of the latter combined total actually less than 1 % of the religious sects.
Style of government is republican.آ The political system is mixed system based on French style system.آ آ آ There is a president that holds a majority of the authority and decision making control, and there also a prime minister with less authority.آ The current President has held power since 1978.آ There is a parliament that was elected three times on time since 1990.آ آ The political system is multi party system, the General Conference Party (President’s party) is the ruling party with 244 seats majority out of 301 seats in the parliament according to the result of 2003 parliamentary election. The Yemen collation for reform is the main opponent party with 45 seats in parliament and it is considered an Islamic party certainly Muslim brotherhood movement. Socialist party has 7 seats in parliament. Then Nasri party (named after former Egyptian president, Nasser) has two seats in parliament and it is a secular party that has socialist values. Baath party (Syrian branch) each of them has two seats in parliament. There are other parties that don’t have representation in parliament (about 20), the related ones to our subject are Alhaq party (the Just) and coalition of people powers. Alhaq had one seat in 1993 parliament. Both of these two parties are well known as representatives of Zidi Islamic school (certain type of Shiat)آ
Legal system is based on Islamic law, Turkish law, local tribal customary law, and English common law. Judicial authority is independent by law but it is not in practice.آ
آ
What Zidi Islamic school ? [7]
Zidi is an Islamic school that belongs to Shiat in general but it has more similarity with Suni in others. In order to make this clear, I will figure out the difference between Suni and Shiat Islamic schools. Both schools believe in one Allah, all prophets and the last one was Mohammed. They prayed five times a day, fast Ramadan; go to Haj once inآ life. Both believe in Day of Judgment, angels, hell and heaven. Both believe in Quran and they have the same version of it. And the only difference is about the political theory.
آ First I have to mention historical facts about the 4 governors who handled Muslims issues after the death of the prophet; they are AbuBaker, then Omar then Othman then Ali. And the difference is about the following points:
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Suni believe that the best Muslims after the prophet are Abubaker (the first governor) then Omar (the second Governor) Then Othman (the third governor) then Ali (the fourth governor). Also Suni believe the mandates of these people were correct and they were legitimate governors.آ آ
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ -Shiat (they called some times Ethna Ashryah or Gafryah and they exists in many places in the world (especially Iran, Iraq, Lebanon and Pakistan) believe that the best of Muslim after the prophet was Ali then his two sons. Also Shiat believe that the most deserving to be a governor after the prophet was Ali, so they think Abubaker, Omer and Othman were illegitimate governors and Shiat insult these governors.
Now it will be easy to put Zidi among these two groups:
Zidi is exists only in Yemen, according to US department of the states international freedom report of 2004 Shiat Zidi in Yemen are 30%[8] of the population.آ آ
Zidi shares some value of Suni and others of Shiat, they share Shiat that Ali was the best of the Muslims after the prophet and he supposed to be the first governor after the prophet. On the other hand they think that Abubaker and Omar were legitimate governors (because Ali accepted their mandate and dealt with them accordingly) so Zidi talk respectfully about these governors.آ آ
آ
This difference was about the past. What about the general political theory? [9]
Suni believe there are conditions for Muslim governor and in the end of the conditions they said it is preferable if this person would be from Hashemite family[10]
Shiat believe that being a Hashemite is one of the essential conditions and usually they required him to be from certain race in Hashemite family (Ali, then Alhasan, then Alhussien, then his son and his son until the tenth grand son of Ali). This is according to Shiat except Zidi. Zidi requires him to be Hashemite from Ali’s son what ever the branch in addition to other conditions.
آ
What is the difference between Hasimate and Shiat?آ
Shiat is a faith, the people who believe in what we mentioned earlier. But Hashemite is a race, which means it is family that belongs to Prophet. So it is not necessary that each Hashemite to be a Shiat or each Shiat is from a Hashemite family.آ But practically and generally speaking most Hashemite are Shiat (in Yemen). Also being a Shiat means among other things to believe in the spiritual status of Hashemite.آ Although there are no statistics about Hashemite in Yemen, but if I will try to guess from my observation as a Yemeni, I would say Hashemite are about from 10 % to 15% of Yemeni population. [11]آ آ
Brief about the role of Hashemite in Yemen and the existence of Zidi School there[12]
Yemenis interred Islam in the beginning, certainly during the life of Prophet (sixth century).آ Then when many bad events happened in Yemen during the second Islamic century (seventh century). Some Yemenis asked one of Hashemite family who was living in Madenah- part of Saudi Arabia now- (Imam Alhaddi Yehya bin Alhussien) to be their governor, he came and ruled Yemen and spread Zidi faith as a result some scholars named Zidi Hadoi[13].
From this moment until 1962 Hashemite family (Haddi’s sons and grand sons) ruled Yemen. By taking into consideration these Hashemite states were challenged from time to time by local and external powers, so it was ruling all Yemen some times including part of Oman and part of what called now Saudi, on the other hand during weakness time, it was shrinking in Sadah area (which is the area of the conflict of 2004 and 2005). Because of that Sadah is widely considered the capital or the center of Zidi or Hashemite movement. Example about the weakness period is during the occupying of Turkey Empire which ended in 1921 because of Hashemite resistance[14].
In 1948 the Hashemite regime by that time was a repressing one. A revolution took place and because of the deep legacy of Hashemite family the revaluation’s makers themselves were Hashemite, but this was a failure one and another attempt to change in 1955 was also a failure, until 1962 when a revolution took place in Yemen. This ends more than 1000 years of Hashemite ruling.
آ آ آ آ آ آ آ آ آ آ آ There was attempt by the former Hashemite Zidi governor to return again by military campaign in 1967[15] by supporting of UK, USA and Saudi government, but Hashemite couldn’t make it[16].آ Some Hashemite participated in 1962 revolution as Ali Kaseem Almoaueed, but it wasn’t a Hashemite movement. The contrary it was anti Hashemite movement. After this event many Hashemite were executed[17] others found refuge in Saudi, Jordan, UK and USA. Others were excluded from their jobs and generally speaking there was discrimination against them.[18] (Hashemite claim this to continue until today).
آ آ آ آ آ آ آ آ آ آ آ In 1990 Yemen reunited (South and North) and a marginal democracy started. So multi party system was found and free elections and newspapers[19]. Therefore Hashemite established four movements and four news papers.آ First was Alhag party (the just party) and their news paper was Alomah (the nation). Ethad Alqua Alshbyah (union of people power) UPP the head of this movement is Ibrahim Ali Alwazeer who is the son of the maker of the failure revolution of 1948 that was mentioned earlier and their news paper is Alshoura (democracy or consultation[20]), Rabetat Abna AlYemen (union of children of Yemen) and their news paper is Ray[21]. Harkat Altoheed Walamel Aleslami (movement of Islamic activities) and their news paper Alblagh (the declaration). آ
The relations between Hashemite movement and current president
Since the President is the key person of political life[22] since 1978, we must address this relation to have an idea about the motivation and background of the war.
After the 1962 revolution the general campaign started and continue until now against Hashemite because of their bad rule from 1921 (independence from Turkish Empire) until 1962[23]. This president took power in 1978.آ The tone continues same as in the past. Socialist party was leading South Yemen and President Salah was leading the North. When Yemen reunited in 1990, there was a big dispute between the president and social party because of the result of 1993 election. Hashemite stood with social party, so when the dispute was solved by force (general war of 1994 that President won[24].) the president took revenge actions against Hasimate because of their support to social party[25]. These actions were closing the party of Union of people Power UPP and confiscating their equipment with out judicial actions and stop the news paper of this party[26]. But on the other hand the president appointed the secretary general of Alhaq party as a minister for Islamic affaires in 1997, and then he resigned and said there was a plan to hurt his reputation by encouraging corruption in this ministry[27].آ When the former Imam (the king) that was kicked out in 1962 died in 1997 in Britain, his family asked to bury him in Yemen, president refused then after he was buried already in Saudi , the official news paper of Yemeni army 26th of September welcomed burying him in Yemen[28]. Alshoura news paper, which is the official news paper of union of people powers UPP, was closed more than time by judicial judgments some times and others with out for example in 1994, in 1998, 2000 and in 2004. On the other hand some Hashemite occupied high position during this president such as Yahyal Almotokeelآ who was occupying the Assistant of Secretary General of ruling party and who was killed in car accident in 2003 and Hashemite thinks there is a mystery behind his accident.[29] Also Brigadier Yahya Alshami who is the governor of Albyda and many others but all these are members of ruling party.
Human rights situation in Yemen during 2003.
First the stand of Yemen in international human rights instrument[30]
instrument
Status (inter into force)
CAT
1991
CCPR
1987
CEDAW
1984
CERD
1972 – reservation
CESCR
1987 - reservation
CRC
1991
CRC 2nd protocol
2005
ICC
Signed but not ratified [31]
آ
I will give an idea about the general human rights situation in 2003 (before the events), the resource will be US department of the State human rights report[32], amnesty international report[33], and Arab human rights organization.[34]
First Freedom of religion,
Since we are talking about religious group, we need to know first the situation in this kind of right[35]
-There is traditional to restrict Jewish residents and employment. Mosques are monitored by intelligence. Closing unlicensed religious schools by justification to curb extremists. Foreigners were harassed by police for possessing religious literature. Police and security forces continued to detain suspected members of radical Islamist groups. Non Muslims may not hold elected office. Building worship places needs permission of government. The Government has attempted to prevent the politicization of mosques. Some members of the security forces occasionally censor the mail of Christian clergy who minister to the foreign community, ostensibly to prevent proselytizing. Police and security forces detained suspected members of radical Islamist groups with clear links to terrorist organizations. Since 2001, several hundred "Afghan Arabs" (Islamists who had returned after spending time in Afghanistan) have been detained for questioning. Many such persons were released within days; however, some reportedly continue to be detained beyond the maximum detention period. There were no reported incidents of violence or discrimination between the adherents of the two main orders of Islam, Zaydi and Shafa'i. In December 2002, extremists carried out two apparently religiously motivated attacks. On December 28, Ali al-Jarallah killed Yemeni Socialist Party leader Jarallah Omar at a political party conference, and on December 30, 2002, Abed Abdul Razak Kamel killed three hospital workers and injured one at an American Baptist-run hospital in Jibla. Kamel later said the two attacks were coordinated, and that they were targeting "seculars," Christians who proselytized and members of a sect of Islam called the al-Buhrah. Anti-Zionist and anti-Semitic attacks in the mass media on an almost daily basis.
Other dimensions
Ali Abdullah Saleh, the President and leader of the GPC, was elected to a 5-year term in the country's first nation-wide direct presidential election in 1999, winning 96.3 percent of the vote. In 2001, the 5-year term was later amended to a 7-year term. The President was not opposed by a truly competitive candidate .The president is the head of executive branch, army, intelligence and judiciary. Decision-making and real political power still rested in the hands of the executive branch, particularly the President. The referendum of 2001 allow the President to dissolve Parliament without a referendum in rare instances
آ Many conflict solved by mediation. A total of 166 foreigners have been kidnapped since 1992. The Government has acknowledged publicly that torture occurred. The immunity of all public employees from prosecution for crimes allegedly committed while on duty also hindered accountability; prosecutors must obtain permission from the Attorney General to investigate members of the security forces, and the head of the Appeals Court formally must lift their immunity before they are tried. Low salaries for police officers of approximately $35 to $53 (6,000 to 9,000 riyals) per month also contribute to corruption and police abuse. There were credible reports of the existence of private prisons in government installations, although senior officials did not sanction these prisons. In cases in which a criminal suspect was at large, security forces in some instances detained a relative while the suspect was being sought. The judiciary was weak and corruption and executive branch interference severely hampered it. The executive branch appointed judges, and some have been harassed, reassigned, or removed from office following rulings against the Government. There were reports of holding hundreds of prisoners with out trail for along time and their members claim no right was given to these detainees and the Minister of Interior acknowledged that the detainees were held but asserted that it was necessary for national security. The Constitution prohibits interference with privacy; however, security forces routinely searched homes and private offices, monitored telephones, read personal mail, and otherwise intruded into personal matters for alleged security reasons. Such activities were conducted without legally issued warrants or judicial supervision. Some security officials attempted to influence press coverage by threatening and harassing journalists. In 2002 the President issued an amnesty for all journalists in detention or awaiting trial. The Constitution provides for freedom of assembly; however, the Government limited this right in practice. In March, security forces killed and injured demonstrators after a gunfight broke out between demonstrators and security forces protecting a foreign embassy. The Constitution provides citizens with the right to change their government; however, there were limitations in practice. The Constitution prohibits the establishment of parties that are contrary to Islam, oppose the goals of the country's revolution, or violate the country's international commitments. Formal government authority is centralized in Sana'a. The first elections for the councils were held concurrently with the constitutional referendum in 2001.. Many Akhdam, a small ethnic minority who may be descendants of African slaves, did not participate in the political process. There were no credible reports that citizen members of religious minorities were not permitted to participate in the political process. NGOs complained that at times there was a lack of response to their requests. Tribal violence continued to be a problem during the year, and the Government's ability to control tribal elements responsible for acts of violence remained limited. Tensions, which periodically escalated into violent confrontations, continue between the Government and some tribes
Conclusionآ
From these reports there was no indication about any clash or dispute between government and any of Hashemite or Zidi School and the freedom of religion didn’t mention any clash or discrimination against this religious or ethnic group.
The events
First Government story[36] (chronological order)
-The beginning of the story started by news in the Yemeni governmental daily news paper (Althoura) that Islamic scholar condom the extremist opinion of Alhouthi[37] then after one month the news reported about military clash between government and tribes in Sadah[38].
-Yemeni government claimed in its official daily news paper[39] that Alhouthi claimed to be a prophet and to be Almahdi Almontader[40]. Yemeni government claimed that his followers just Jewish[41] (in Yemen if a person wants to insult a person he would describe him as a Jewish) [42]
آ -The first declaration of event in 26th of Sep, which is a weekly military news paper that has strong link to President. It published a statement of the cousin of the president (Brigadier Ali Mohsen Alahmar) who led the military campaign and who is military commander of Sadah region declared that the campaign just targeted Hussein Alhouthi because of his attack on military vehicles and the cousin confirmed that the government military campaign doesn’t target any certain group[43]
-26th of September weekly news paper (the official speaker of ministry of defense) in its issue number 1135 in June 24, 2004 declared the reasons of the clash without mentioning its resources, these reasons according to the agency were[44]:
1- Attacking military and security forces that led to death and emery for some of them.آ
2-prohibiting public employees from performing their duties
3-incitement for people not to pay taxes to government
4-controling mosques by forces
5-Raising flag of foreigner sides
7-attacking prayers in mosques
8-paying money for youths to do these acts.
9- other crimes.
-Military news papers confirmed president met with religious scholars in July 2004 and he explained them that Houthi’s followers have extremist ideology [45]
-July 2004, Trail of a Yemeni judge because of his support to Houthi and his insulting of the companions of the prophet and his denial of some statement of the prophet, he was convicted and sentenced to 10 years and the trail lasted one month. [46] .
-Article for minister of Islamic affairs declared that Houthi has misinterpretation for Quran[47]
-Committee of parties (governmental body) threatened opponent parties that may be it will be terminated because of its support to Houthi movement[48]
-President in July 2004 assigned new committee to convince Houthi to hand over him self and the most surprising thing of this is that President included the second person in UPP (Mohamed Abdulmalek Almotaokel and the first person in Alhaq party (Ahmed Alshami) in this committee[49]آ
-According to the head of dialogue committee Judge Alhitar who is a member judge of Supreme court, the dialogue was about (difference between Shiat Ethnaashryah and Zidiyah, also the existence of US army, also the believe, more over the companions of the prophet[50]آ
-Public declaration in August to confirm that Houthi had a plan to make terrorism attacks[51]
-July 19, 2004 Yemeni president declared that Houthi has noting to do with Zidi or Hadoy, or any certain group, he has no agenda like this, and his agenda is to implement foreign intelligence agenda to interrupt development in the country. President confirmed there is a lot of evidence and it will be declared soon publicly[52].
-July 2004, Yemeni president promised Alhouthi a (just) trail if he surrender him self[53]
-The public editor of the military news in his assessment about Houthi crisis claimed that Houthi appointed him self as a governor (Imam) and he attacked checkpoints[54].
-Cousin of Houthi to publish an article in military news paper claiming that she felt a shame because of her cousin act and she said he was a member of parliament because of the support of the president. And she claimed Yemen achieved a lot during the time of the president and no body can deny that [55]
-Military news paper in its issue1148 of September 2004 said ministry of interior discover that foreign intelligence were behind Alhouthi and the reason was because of jealous of what Yemen has achieved in fighting terror and its role in international relation. [56]
-Yemeni president in mid September to declare amnesty for Houth’s father and give him the right to live any where in Yemen[57]
-Yemeni president declared in national day 26th of September that ending Sadaa events coasts us a river of blood.[58]
-The official opening of the military newspaper accused Alhouti that he was supporting separating part of Yemen[59]. Yemen has a local war of separation in 1994 as mentioned in the introduction.
-President to declare amnesty in favor Khawani[60] Khwani, who is a chief editor of Alsowra news paper the special speaker of UPP, and who was convicted of insulting president because of his articles that criticize the governmental military campaign in Sadah and the inheritance of power.
-Minister of human rights to describe the detention of journalist Alkhewani that†his detention has nothing to do with lawâ€[61]
-Military news paper confirmed that inheritance of power is just a lie and it will not happen and opponent parties abuse this and it is illusion just exist in their minds and news paper confirmed Yemen is a democratic country and power is not like Imam system like what was going on before 1962[62], (the most ironic thing is that the same issue of the news paper publish that President to give his nephew, who is a merchant, a military metal)[63]
-March 2005 declaration from ministry of interior that Houthi (the father) is in mountain and he is still attacking military units[64]
-Military news paper confirmed that Houthi left Sanaa suddenly in March 11 to lead the military campaign[65]
-In April the former prime minister and current secretary general of ruling party and in the same time current political consultant of President said†Houth’s movement had nothing to do with Yemeni culture and saying that Government targeted Hashemite is incorrect†[66] on the other hand he said that Houthi movement is satanic tree and it is against 1000 years of Yemeni history[67].
-An article in military news paper by Hareth Alshokani declared that†Hashemite is the problem of Yemen during history; he described them as strangersآ that came from Iran. He added they wear Islamic clothes but in fact they are evil. The editor said this religious school is dangerous, political, fake and racist[68]
-People threw grenades on military cars in Sanaa in April[69] [70][71]
-Deputy of minister of education confirms Americans and other foreigners are studying in Sadah non official schools that teach inciting against Yemen, unity and republic system.
-The evidence of government against Houthi as published in 26th of September military weekly newspaper[72]
-Yemeni ambassador in Iran in press conference declared that Houthi raised the arms against government and he flamed religious hatred in the country.[73]آ
-Yemeni government accused Alhouthi that he is Ethna Ashry (being Shiat like Iran and Iraq)[74]
-26th of September, the military news paper, described Hashemite as guests and they are in Yemeni land temporarily[75]
- Yemeni army uses Ariel operation and special landed forces fight one of the heavy fights during the war[76].
- The opening of the military newspaper makes pre judgment against Badr ALdeen Alhouthi that he is against Yemeni people and he is against republic regime.[77]
-President addressed members of parliament and religious scholar about the two wars, he said the fighters are in fact the military wing of Alhaq and union people powers UPP parties and they had a plan to return the regime that was ruling before 1962. He said there is strong evidence and the most important one is the interview with a member of union people power UPP in Annas news paper that he said †we will use the external to reform the insideâ€[78] president added I gave 2 million Yemeni riyal to children of Alhouthi after his death and I ordered the military leader of the area to give monthly salary of 200,000 YR.
-Minister of interior said victims are 525 killed and 2708 wounded and he gave the evidence of convicting Alhouthi which is a lecture to Alhouthi to a group of youths asked them to take governmental jobs and pretending to agree with current regime and explaining to the people the situations during this regime and the situations during Hashemite regime[79] (before 1962)
-Minister of local administration said 22 schools were affected by events and 532 homes were effected (some were destroyed and others were damaged and thirds were effected)[80]
-Minister of planning said direct losses in this war is $350 million but the indirect losses are above the ability to account it, we missed our reputation before foreign investors[81].
آ
-Government to publish the lecture of Alhouthi that government believe it is the big evidence to convict Alhouthi[82]. The lecture talks about the importance for the member of group to get education and get high jobs within government and show loyalty to current regime in order to get this done and finally to educate the people about the bad things of the current regime and reminding people about good things of Imam regime (Previous regime before 1962 revolution).
آ
-Government declared many Hothi’s followers will be sent to court and Alhaq party and UPP[83]
-Arresting the first Yemeni female as first precedence (Entesar Alsyani)[84]
-Minister of foreign relation declared that, we found foreign financial supplier for these people and we will declare them soon[85]
-Minister of Foreign affaires to visit Iran to explain the war there (Irani constituation obliged Irani government to protect Shiat every where in the world)[86]
The story of the targeted people
-Abdulmaliek Alhouthi, the brother of Hussien Alhouthi said[87]†Yemeni government is using against us all kind of weapons including the international prohibited one such as poisoned color gas, also government burned some of the wounded people in Sadah city and make cars pull their bodies†He added we were patient, during the last two and half years, we were detained and when they attacked us we defend our self, they didn’t treat us well.
-Bader Aldeen Alhouthi (the father) sent a message to the head quarter of Shiat in Njaf (Iraq) which called Hozat, he asked them[88] to do what ever possible to stop the genocide war against Zidi followers and Hashemite, he added, government refused to hand over bodies of killed persons and government burned the books of Zidi school in the main square in the Capital Sanaa in addition to confiscating libraries and making dealing with Zidi books prohibited. He added there is a campaign of arrest for student scholars and librarians, and many were kicked out from their job, finally he asked for truth commission to investigate the situations.
-Abdulmaliek Alhouthi, Hussion’s brother said[89]†we are prohibited from practicing our religion, we are targeted, our homes destroyed we are displaced, some of our brothers were killed and others subjected to genocide. He criticized the stand of Union of Islamic scholars by saying†we don’t know whether these are group of religious scholars or members of intelligence or military unit; they are agreeing always with the authority and doing what it wants. He deny the news of government that they attempt to change republican system or he met the president or make a promise to stop his activity and said I am not doing some thing wrong, I am saying death for Israel, death for the US and victory for Islam and I will continue to say this slogan, which doesn’t violate the law. He said this State fight people for their ideas, if the state is determined to continue its genocide against us, we will defend our self. He said we will not hand over our selves to the government because it is practicing genocide against us. The judicial system in Yemen is not just, and the head of this judiciary is the president, so how can we hand over our self?آ then when he was asked about their relation with Iran because he was interviewed by Iranian radio, he said making an interview doesn’t mean a relation, nowآ I am making this interview with you, is this mean I am with you?!!
آ
--Mohamed Aysh in his article in may 11,2005 claimed a military officer encouraged his soldiers to fight by saying their blood, children and women are free [90] (meaning kill their children, rape their women, and take their money)
September,8, 2004, Yemeni authority to detained Chief Editor of Alshoura because of his covering to Sadah’s event and because of his articles criticizing inheritance of power, he was threatened inside the prison and he was prohibited from visit and he was banned from right of appeal[91].
-Opponents claim that Yemeni intelligence confiscated the library of religious scholar Mohamed Meftah[92]
آ آ -Dr Almotawkeel, the deputy of UPP when he was asked by Annas news paper about his opinion about the accusation that Sadah war was against Zidi school and Hashimate, he replies†when situation escalates to confiscating books detaining religious scholars and students who didn’t hold guns, when actions reach the way how to call people for pry (shiat has a special one, and it was ban recently among other procedures), all that make such statement believe able. [93]
-Declaration of UPP because of occupying its building and kidnapping its member Nabeil Alwazeer[94]
-UPP declaration that deny existence of military wing and condemn the accusation of president[95]
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Alkhywowani who is an important figure in Hashemite movement said, “we have military wing and three soldiers controlled us†[96] kind of taunting.
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Hasimate to declare that detainees are over 1000 persons[97]
آ
Third parties story or opinion
-Amnesty report of 2005 about Yemen said about this event†Hundreds of people were killed, including many who may have been killed unlawfully, during armed clashes between security forces and political opponents in Sa’da Province. Hundreds of people were arrested and most of those detained from previous years remained held without charge or trial. In the rare instances where detainees were brought to trial, the proceedings invariably failed to meet international standards. There were increased punitive measures against journalists and restrictions on press freedom. “[98]
- ICRC visited Sadah[99] ICRC will not visit unless it is a strong and continuous area of conflict and as usual ICRC didn’t declare any thing except that visit happened.
-Iran to declare that it is not part of the conflict and it is not supporting Houthi. [100]
-British ambassador in Yemen declared in July 2004آ that Alhouthi group is not a terrorist group because they don’t target civilians. She added they don’t constitute a threat for US or Israel, but they constitute a threat for Yemeni regime[101].آ
-Dr Fahmi Houdi, who is an Egyptian scholar and widely recognized in the Arab world and member of the team of Arab human development report of 2004[102] said†since 10 months and the news come from Yemen regularly that heavy clash between houthi and Government, tanks, military air planes heavy canons are used, hundreds of victims from both sides. And so far no body comments on that. The information is rare from Yemen and there is no transparency and from what has come to my knowledge is that; Hussien Alhouthi was a member of parliament and he was in a good relation with government, so government encouraged him to separated from his main group and established a new one (Believe Youth), and some stories said government itself supported him financially in order to weaken his main group. Then dispute happened between movement and government due to different opinions on war on Iraq, so government decided to use force against them, and the government give priority to force rather than political solution. And he asked for quick steps to solve the problem before it will become another Darfor.[103] [104]
آ
-Member of Yemeni parliament Yahya Alhouthi, the son of Alhouthi and who is in the same time a member of ruling party (president’s party) and who is know in Sweden and unable to return to Yemen although he has immunity as a member of parliament. said[105]†solving the problem is in the hand of the president, he asked president to stop killing and arresting Zidis. He describe the believe youth as a cultural movement that was established to stop the effect of Salfyah movement[106]. He said government bombard my father’s home in order to kill him although he is 82 years old and he did nothing to deserve that.
آ
- The declaration of Hozah elmyah in Najaf (Iraq) the head quarters of shiat in the world) they condemn the persecution that shiat Zidis face it in Yemen[107] Hozat added there is a systematic campaign for genocide against Zidi and Yemeni government prohibited international organization from interring the area of conflict and Yemeni government use racism tone and incitement voice[108].
-Alquds Alarbi daily news paper said it was told (with out mentioning the resources) that Shiat of Bahrain and Kuwait supporting Houthi military actions financially[109].
-Mohamed Jameel in his article in Alquds Alarabi which is one of widely recognized news paper in the Arab world, said “ authority doesn’t want any side to have an influence especially in northern part either Hashemite, nationalism or socialisms, Hashemite is not a case in Yemen, but government wants to create an enemy from time to time. Faith believe doesn’t have racism case as government claim and they don’t have separation project or religious minority as government try to show them, and they are not extremists, they don’t have ties to external powers. They are just a normal Zidi which is the same school that rulers belong to. All what happened is that they are calling in mosques death for US, death for Israel. Mr. Jameel added there was abuse of power from government that led the manager of security in sadah to declare that†this war was a great national picture†(kind of appreciation the war).
-What call them self union of religious scholars in Yemen, they condemned the intervention of Hozat of Iraq in Yemeni affaires and they said Yemen is living in peace and there is no existence of Gafry faith in Yemen, and they end by asking Hozat of Iraq to concentrate on Iraqi issues.[110][111]
آ - Asahwah news paper that belongs to Islah party, in its survey found that 91% of people believe that detention of Alkewani make clear the fake of democracy in Yemen[112].
- The International Federation of Journalists says in Alkewani case “It appears that our colleagues are being victimized by local authorities who are trying to stifle free and independent voices in the mediaâ€آ [113]
-Unity of religious scholars declared that president in his historical speech that address the reasons of Sadah events[114]
-Coalition of opponent parties[115] condemns the accusations of government and abusing the media and confirming the importance not to establish any military bodies and not to abuse the official media by ruling party. [116]
-coalition of opponent parties declared that no one has the right to establish a military unit and the national army shouldn’t be used in favor of an interest of a person or a family or a group. They condemn the intervention in party’s privacy, by occupying the place of UPP party and taking of its computer and other equipment and the interring of security forces to places of islah party and Baath party[117].
--Wahdwi party blames government because of Sadah’s events and said. Government is responsible for misadministration of its central government and local one, which led to the security crisis. They added also their vision of the conflict by saying that†the real reasons of the conflict is not the declared one, they said the real reason of the crisis is abusing the resources and bodies of the state in favor of political and personal interests that contradict the national interest [118]on the other hand statement condemn the racism and religious extreme.
-Alquds daily news paper (international newspaper) confirmed that Yemeni government to prohibited religious celebration for Shiat[119]
- A Yemeni writers said†I am ready to believe there is satellite landed in moon from universe but I am not ready to believe that Houthi wanted to return Imamas, the war was long enough to know the reality and it is difficult to fabricate a new one. [120]
آ
- Alhakemi, who is the deputy chief of 14th October governmental publisher and news agency[121], and also who was harassed because of his writing about the crisis, wrote an article in 7/7/2004 addressed the crisis by saying (since the beginning of the crisis, we are just hearing from one part which is the government and the government gave many and huge contradicting explanations , so I have to tell the truth) he said Houthi became convicted according to government story with things and its opposite in the same time. He describe that†Houth according to government is calling death for US and Israel and in the same time he is widely supported by Jewish and he is a US instrument to implement its strategy in the region and finally he is a big supporter for Lebanese party Hezbollah. Hakemi made fun on government accusation that Houthi was always against 1962 revolution by saying that ( Houthi was born after revolution). Hakemi made fun of government claim that houthi he is asking that governor should be Hashemite by saying (All Islamic books including that are taught by public schools and universities teach such theory and all Islamic schools believe in general in this theory).آ Hakemi describes the people who were sent as mediator that they were biased because they described Alhouthi as (Almado[122]), and they said he must hand over him self to justice.[123]آ In Alhakemi second article in May 11,2005[124] said government supported the schools of youth believe in order to limit the influence of Islah opponent religious school and salfyah movement. Government abused the dispute in theory between Houthi and other zidi in order to isolate him alone. (The war was against zidi school and because of fear of zidi uprising) Alhkemi said first war cost 4000 killed person and president according to him said this war costed us (rivers of blood).آ And the first war lasted 85 days. In July 2004 a survey by government was held for the religious school, the survey found that 651 out of 4500 schools are belonging to Imamyah , government destroyed religious school to compensate the delay in ending the war early. In July judge Mohamed Lugman was sentenced for ten years (trail just took one month from July to August 2004) by accusation of supporting Alhouthi and putting picture of Alkhomyni and leader of Hezbollah Hassen Nasser Allah. Hakemi said military campaign ended in Sep 10 2004 but the undeclared religious war was the most important goal.
آ
- Alhakemi in an article in 7/7 2004 in Alshoura news paper said†president asked to attend the summit of the G8 according to Condlyza Rayze and President declared to media that he met with heads of FBI and CIA before attending G8 in Georgia. Alhakemi concluded president wanted to create an impression that this military operation was by USA request to give international justification for the campaign by trying to show this campaign as part of the war on terror. But the real purpose according to Alhakemi that President wanted to get rid of an important political figure that constitute a threat for his continuing in power and his son after him and Hakemi said US ambassador confirmed US has nothing to do with Sadah events. Also according to Hakemi Yemeni government was the one who started the war[125].آ More over Hakemi said president is appointing his son, cousins, uncles and other relatives in as military commanders did the war for his own personal reason not for the nation[126].آ
-Kicking out Alhakemi from his position as the deputy manager of 14th of October institutions governmental medias and Hakemi said this is because of expressing his views on Sadah events and added minister of media asked him many times to stop writing about that[127].آ
-Dr Mohamed Shamsan in his article in Alwahdwai news paper said†Yemeni intelligence and government supported Alhouthi in purpose to weaken Islah opponent party and Salfyah’s movement, Dr Shamsan said this comes under the general government policy to make clash between different political figures to weaken it[128].
-In April 8th British embassy to warn its citizen in Yemen from expected terror (during the second war of Sadah)[129].
-in the beginning of February of 2005 government released one of the main founders of believes youths (PY) Mohamed Yahya Ezzan[130][131]
Testimonies of witness
-The journalist Gamal Amer collected some testimonies of people who witnessed the war in sadah[132]:
-what is our crimes that military to make genocide campaign against us. Sada’s buildings were destroyed. My aunt was killed and we couldn’t bury her until her body stink. . Mother of Mohamed Hussein said†I am asking international NGOs to help us and stop this genocide campaign, my neighbors their home was attacked by two missiles and two families ended in this attack any one who goes out of his home is killed; we will die because of thirst. Aisha Ahmed 14 years old, I was in the school and the wall of the school was bombarded. Umm Naser hamoud Naji , I have 8 kids and I am pregnant, my husband was injuredآ and I was trying to treat him by grass in the mountain, but soldiers prohibited me, so I was forced to leave him, I moved here by protection of one of the head of tribe who claimed that I am his wife, I was insulted by soldiers, I left my husband and the insects starts to come from his injury. Fatmah Salah, I found some soldiers that they are young آ and they wanted to return to their families. Bodies are every where streets, valleys. Mohamed Alqury, I visited sadah in April, 7th 2005 and I found it empty and in the hotels there is no phone. The journalist (Mohamed Alqury)[133] said, I found three bodies that completely were burned, this was in Friday 8th of April, then at 3 PM.آ Soldiers tied the bodies to the back of the car then started to pull bodies in streets[134] the journalist added it was a terrible view, was not enough to kill the person?! Why making this inhuman thing with these bodies. The journalist added that he was told that the three bodies were for supporters of Alhouthi, they came and killed the officer Mohamed Hussein Alaoish. People showed me the place where the battle took place. I was afraid to take pictures. There was no equality at all between two sides Houthi’s supporters were surrounded by hundreds of soldiers.
آ
آ
Assessment
From the stories of both parties in addition to third one, it is obvious that the talk is about group of rights such as (minority rights, religious rights, cultural rights, political rights, express rights, the right to change government, the right to criticize government, right of fair trail, right of knowing the truth and others) and makingآ assessment for such violations whether it exist or not and to which extent needs expanded paper. But since we decided in the beginning that this paper will JUST address the military campaigns in terms of its legitimacy and it’s proportionately especially whether it constitute genocide or some thing else.آ
Also since the events is in a remote area of Yemen (sadah) and since the events is just took place and is still expected to take place soon, it was not easy to get enough information about the case, but according to the available information, I will try to reach conclusion on the events.
First legal texts related to the subject (international law related to the issue)[135] and Yemeni law
Some scholars consider Genocide roles as jus cogenes roles that obliged all States[136] and we will give details about that.
-Convention on the Prevention and Punishment of the Crime of Genocide
-Yemen is obliged by Convention on the Prevention and Punishment of the Crime of Genocide[137](signed in 9 Feb 1987 and enter into force in 1989)[138]
Article II of Convention on the Prevention and Punishment of the Crime of Genocide[139]آ
Define what genocide by stating†In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
( a )آ Killing members of the group;
( b )آ Causing serious bodily or mental harm to members of the group;
( c )آ Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
( d )آ Imposing measures intended to prevent births within the group;
( e )آ Forcibly transferring children of the group to another group
And article III states that “The following acts shall be punishable:
( a )آ Genocide;
( b )آ Conspiracy to commit genocide;
( c )آ Direct and public incitement to commit genocide;
( d )آ Attempt to commit genocide;
( e )آ Complicity in genocide
Article IV states that†Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible article III which states that: The following acts shall be punishable:
آ ( c )آ Direct and public incitement to commit genocide;rulers, public officials or private individuals.â€
آ
-The Charter of Nuremberg
Although Yemen is not a party to Charter of Nuremberg, but since Article 38 of the Statute of International Court of Justice, which is an appendix to the UN Charter, mention the recourses for international law as
a. International conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
b. international custom, as evidence of a general practice accepted as law;
c. the general principles of law recognized by civilized nations;
d. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law,
And it was said†principles applied by the international tribunal courts and its procedures, have been those of a State’s responsibilityâ€[140]
آ
آ Because of that the UN committee of codifying international law has recognized the principles that Nuremberg’s Charter as principles of international law[141]
آ
Also آ it was said about the Nuremberg Charter “ Article 6 of Nuremberg Charter has come to represent general international law. The General Assembly affirmed the principles of international law recognized by the charter of Nuremberg tribunal and its judgment†[142] More over artilce 6 of Yemeni constituation confirm the commitment with recognized roles of international law.
All these together makes the Charter obligatory to Yemen.
-Article 6 of Charter of the Nuremberg International Military Tribunal, states that†The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility:
(a) Crimes Against Peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;
آ
(b) War Crimes: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity;
آ
(c) Crimes Against Humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.
Leaders, organizers, instigators and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan
-Statute of the International Tribunal of Former Yugoslavia
Although Yemen is not a part for this statute but again according to Article 38 of Statute of ICJ, we can consider Statute of the International Tribunal of Former Yugoslavia as obligatory for other States as customary international law, by taking in account the following points:
-The Statute confirmed the principles of Nuremberg that GA already confirmed its principles as part of international law.
-The establishment of tribunal was by a decision of the Security Council performing its authority under chapter 7 which makes all states obliged with such decisions
-It constitute a general principle of law, for that regard it was said†principles applied by the international tribunal court and its procedures, have been those of a State’s responsibilityâ€[143]
آ
-Article 2 of Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (International Tribunal for the Former Yugoslavia)[144] states that “-grave breaches of the Geneva Conventions of 12آ August 1949, namely the following acts-
آ ( a )آ willful killing;
( b )آ torture or inhuman treatment, including biological experiments;
( c )آ willfully causing great suffering or serious injury to body or health;
( d )آ extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
( e )آ compelling a prisoner of war or a civilian to serve in the forces of a hostile power;
( f )آ willfully depriving a prisoner of war or a civilian of the rights of fair and regular trial;
( g )آ unlawful deportation or transfer or unlawful confinement of a civilian;
( h )آ taking civilians as hostages
and article 4 paragraph 2 states that†آ Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
( a )آ killing members of the group;
( b )آ causing serious bodily or mental harm to members of the group;
( c )آ deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
( d )آ imposing measures intended to prevent births within the group;
( e )آ forcibly transferring children of the group to another group.
3.آ the following acts shall be punishable:
( a )آ genocide;
( b )آ conspiracy to commit genocide;
( c )آ direct and public incitement to commit genocide;
( d )آ attempt to commit genocide;
( e )آ complicity in genocide.
And article 5 states that “Crimes against humanity
The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population:
( a )آ murder;
( b )آ extermination;
( c )آ enslavement;
( d )آ deportation;
( e )آ imprisonment;
( f )آ torture;
( g )آ rape;
( h )آ persecutions on political, racial and religious grounds;
( i )آ other inhumane acts
Rome Statute of the International Criminal Court
(Yemen signed the Statute but doesn’t ratify it yet[145]) but since the Statute codify the international principles of Nuremberg charter and other recognized international roles, so the Statute is obliged to Yemen as a principles of law or/ and as a customary international law. It wasآ said about establishing the court that†the establishment of the court is regarded as making a deficiency in international legal systemâ€[146] Also by taking into account that 99 countries have ratified the Statute so far[147] and since the establishment of the court was with general Assembly resolution[148]
Article 5 of Rome Statute of the International Criminal Court Adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998[149]
States that “Crimes within the jurisdiction of the Court
1.آ The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:
( a )آ The crime of genocide;
( b )آ Crimes against humanity;
( c )آ War crimes;
( d )آ The crime of aggression.
Article 6 explained what constitute genocide crimes and article 7 crime against humanity, and article 8 war crimes
Geneva Conventions and its appendixs protocols
Yemen has ratified Geneva conventions on July, 16,1970 and ratified the two protocols in April, 17,1990 with out reservations[150].
Certainly Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)[151] states that “
Article 4.-Fundamental guarantees 1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honor and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors. 2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph I are and shall remain prohibited at any time and in any place whatsoever: ( c ) Taking of hostages;
-Article 5.-Persons whose liberty has been restricted 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained: ( a ) The wounded and the sick shall be treated in accordance with Article 7; ( b ) The persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided with food and drinking water and be afforded safeguards as regards health ( d ) They shall be allowed to practice their religion and, if requested and appropriate, to receive spiritual assistance from persons, such as chaplains, performing religious functions;
Article 9.-Protection of medical and religious personnel 1. Medical and religious personnel shall be respected and protected and shall be granted all available help for the performance of their duties. They shall not be compelled to carry out tasks, which are not compatible with their humanitarian mission.
Article 13.-Protection of the civilian population 1. The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations. To give effect to this protection, the following rules shall be observed in all circumstances. 2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. 3. Civilians shall enjoy the protection afforded by this Part, unless and for such time as they take a direct part in hostilities.
آ Article 16.-Protection of cultural objects and of places of worship Without prejudice to the provisions of The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort.
آ
آ
آ
Yemeni laws
-Constitution
Article 40†it is prohibited to use the army and security forces in favor of a party, or a person, or a group, and it should be protected from racism based on tribes, areas, political orientations or any other groupsâ€
Article 48 “ State guarantee for citizens their personal freedom and keep their dignity.. Torture is prohibited
Article 52 “ homes and prayers places are protected
Article 57 “ freedom of moving from place to another inside the gurantee is guaranteed and it is not allowed to restrict itâ€
Article 121†president declared state of emergency and it should be offered to parliament to approve it, and emergency just declared because of local war.
آ
آ
Law
-Article 47 of criminal procedures “ it is prohibited to torture any person or treat him badlyâ€
Article 6om the same law†it is prohibited to torture or hurt any person physically or emotionallyâ€
آ
آ
[152] The assessment based on the facts and laws.
First whether this group or these people are terrorist, criminal or not
Since British ambassador confirmed that this group is not considered a terrorist group and US ambassador said we are not part of this war and since accusation of government for this group that they are terrorist has no evidence and since human rights reports of the country for 2004[153] didn’t describe this group as a terrorist group, also this group is not among the list of terrorist group either US lists or European list[154]. And nothing from what have mentioned in the three stories indicated that a terrorist attacked took place by these people. So it is obvious that this group is not a terrorist group. Also since Alhouthi name is not among terrorist names of US or EU or SC[155], so Alhouthi are not a terrorist persons and generally this group is not a criminal group.
-Second who starts the war and whether it is legitimate or illegitimate war
Government didn’t provide convincing argument that Houthi was the one who started the war, the opposite is the convincing argument (government was the one who starts) because government claimed it has clear and many evidence but it hasn’t declare consistent evidence until now. As of the document that Houthi encouraged his followers to got job in government bodies and educate people about the difference between two regimes, it doesn’t constitute a crime and it doesn’t constituate a reason to fight these people[156]. Also government gave many explanations which contradict each other[157], it is true that one of the explanations was that Houthi attacked check points, but government keep changing reasons and didn’t provide certain events (date, time, injured, killed persons, victims) also government was concentrating on foreign support and extremist ideology but not attacking check points or similar things which make such accusation unbelievable. Also the first statement of the Althoura news paper (before the war) about dispute between some Zidi and Houthi gave clear evidence bout the intention of government to target this group (what was the interest of government to interfere in religious scholars disputes especially it is not common for government to do so). Finally non of the independent Yemeni news papers confirmed that Houthi was the one who started the war. So according to all that Government was the one who started the war and this war appear to me as unjustified war. So it is illegitimate war.
Third Whether Houthi should
Third Whether Houthi should hand over him self to government or not
آ Since Government was the one who started the war and since human rights reports confirmed that judiciary is weak in Yemen and subjected to Government influence[158] and that judges are being harassed by government and the judge who stand against government is remove from office, and since the statement of ministry of human rights and other about the illegal procedures of Journalist Alkwani who was put on trailed because of his covering of Sadah events, so if a journalist was harassed because of his support to Alhouthi and if a judge was convicted for ten years in a trail that lasted one month because of his support to Alhouthi,آ it is more worthy and more expected that the real targeted person will be oppressed. So there was well founded reason for Alhouthi not to hand over him self with out guarantees that he will face fair trail. More over this would be clear if we would take in account the threat of the committee of political parties that opponent parties may be will canceled because of its support to Alhouthi because these parties declared the dispute needs independent committee[159]. More over president promised Alhouthiآ a fair trail if handed over him self, so fair trail is not an essential rights according to president, it is a gift, he gave to whom he wants.
Fourth the stand of Union of religious scholars
آ Since it was a religious and political conflict in the same time, the opinion of the union of Yemeni religious scholars supposes to be an important instrument to address the question of the paper, but we can’t rely on the union of religious scholars because of the following reasons:
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ They declared their biased in favor of the president by describing his speech as (historical) speech [160]
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ They deny the existence of shiat Ethna Ashrya, which contradicting with the facts there is existence of such group. [161]
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ This union is consisting mostly of judges andآ all human rights report of Yemen confirmed that judges are subjected to the influence of the executive authority[162].
-This union doesn’t blame government for any thing, in fact it compliment the president in every thing and in a way that doesn’t agree with their missions as independent part[163].
-All human rights reports confirms that the parliament and judiciary are influenced by executive authority and executive authority is concentrating in president hand[164], so if president is able to influence parliament and judiciary it is more easier for him to influence one single union.
Fifth the stand of committee onآ dialogue
We can’t rely on the committee of dialogues because of the following reasons:
-the president, who is an involved part in the problem (as head of military and as a key person in political life and as accused of abusing country for his personal and family interest) is the one who selected these members, so how could an involved party to a problem hired a mediation committee?!!
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ The head of this committee, who is a judge in the supreme court, he is theآ head of Yemeni organization for human rights and this organization is widely recognized as government defender and has ties to government[165] also this judge who is a key person in the committee[166] before Yemeni election of 2003 gave statement for the ruling party news paper (almethq) that ruling party is the best one and it is the party of the middle and he encouraged people to vote for it[167] (judges are prohibited by law not to practice or promote politics[168]) more over this judge usually when interviewed by media usually complement the wisdom of the president and he praying to god to keep president’s life longer[169]So this judge is untrustworthy.
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ All sides of the crisis (opponent party, independent, foreign powers etc) criticize something in government side, but this committee always complement government[170]
-All human rights reports confirms that the parliament and judiciary are influenced by executive authority and executive authority is concentrating in president hand[171], so if president is able to influence parliament and judiciary it is more easier for him to influence one single committee.
If I will try to compare between this committee and the stand of the Chief Prosecuotor of Yogoslavia tribunal that said†I had no wish to be photographed together with lobodan Milosevic of Serbia against whom serious crimenal allegation had been made and who were the subject of investgation by mo office"â€[172] we cn understand the real independence and thefake one.
-Sixth the accusations of government against Alhouthi
آ The accusation of the government against Houthi is incoherent because of the following reasons:
-The contradiction in explanations the wars, starts from claiming that houthi to claim to be a prophet, being a Mahdi, being agent for foreign powers, being terrorist, being fanatical, attacking check points, and finally being willing to return old Imam regime by being a military wing for certain parties. So government is inconsistent .
-in the beginning of February ofآ 2005 government released one of the main founder of believe youths (PY) Mohamed Yahya Ezzan[173][174] so if there is a believe that these are terrorist group or criminal or implementing foreign agenda, government would not release this important figure(one of the founders of the Believe Youth).
- According to the view of government that ministry of interior discovered that foreign intelligence were behind Alhouthi and the reason was because of jealous of what Yemen has achieved in fighting terror and its role in international relation. [175] (Yemeni government provided little things that can’t be called evidence), so in my opinion government doesn’t provide evidence since September 2004 until June 2005 no single evidence, Yemeni president said in July 2004 in the media that “ there is a lot of evidence that Houthi is implementing foreign agenda and evidence will be declared publicly, but until now the most important evidence according to president him self when the president declared in his famous meeting with heads of parliaments and Islamic scholars, he said the big evidence of the involvement of foreign powers is the interview of the head of one of UPP party with Annas news paper, by returning to this interview, I found the following[176]آ
-The interview was with Professor Mohamed Abdulmaliek Almotokol the deputy of UPP and it was a general interview about current issues[177], he was asked about reform in the Arab world and the accusation from governments that they are asking help from foreigner powers. He replied, Arab governments persecute people, but Arab governments listen and subject to foreign powers, so this make Arab nation to seek support from foreign powers and he describes such seeking as a necessity,. Dr Almotokeel after the accusation of the president clarifies his statement in the interview in an article by saying who is making a reason for foreign powers to interfere is he the persecutor or the victims? He answered sure they are the governors [178].آ آ آ آ This talks asking help from foreign powers for reform is sommon in the arab world and it doesn’t constituate a crime.آ آ
-According to the head of dialogue committee Judge Alhitar, the dialogue was about (difference between Shiat Ethnaashryah and Zidiyah, also the existence of US army, also the believe, more over the accompanies of the prophet)[179]آ so there was no talk about resistance government or republican regime, more over why the dialogue contains the difference between Jafryah and Zidyah!!? Why it bothers the existence of Gafryah[180].
- In March the head of dialogue committee to give a public speech about reasons of religious extremist in general (because he is also making dialogue with AlQadaa supporters) he said this is because knowing part of Quran and part of the Statement of prophet and ignoring others and he did mention Afghanistan as only example and mention nothing about Sadah, shiat, or any related issue[181].آ This give strong indication that when this figure address some thing in general, he had nothing to say about Houthi although this lecture was during Sada’s war, so this mean there was nothing deserve to be mentioned about believed Youth and their ideology.
- President in July 2004 assigned new committee to convince Houthi to hand over him self and the most surprising thing of this is that President included the second person in UPP (Mohamed Abdulmalek Almotaokel ,and the first person in Alhaq party (Ahmed Alshami)[182]آ two of them in which the president later accused that Houthi to be a military wing for these parties. So how he assigned them while he knew that they are involved?!. More over Dr Almotokol is the same person who the president later used his media interview as a BIG evidence of involvement of foreign power. So why the assigned people to negotiation committee who later described them as inciters for violence. !!!
-Yemeni government accused Alhouthi that he is Ethna Ashry (being Shiat like Iran and Iraq)[183] this doesn’t constitute a crime, it is like the first accusation that Houthi is being supported by Jewish,آ such accusations is just to abuse the fanatical culture in Yemeni society that doesn’t like Jewish and Shiat Gafryah[184] (even Zidi them selves they don’t)
آ
Seventh, so what we can describe the campaigns?
Again I declared that the available information is not enough to conclude result in each concerning issues, it was said in Darfur report[185] that†in some instance individuals, including government officials, may commit acts with genocide intent. Whether this was the case in Darfur, however, is a determination that only a competent court can make on a case by case basis"[186] So if an international committee was not able although with each support of UN and international community and all available resources including visiting the concerned area, but still they were not able to determine in this issue and they left it to the court, so it is more worthy if this paper will not reach cut clear result in some dimensions.آ
آ
Part A- assessment of genocide
Incitement, attempt and conspiracy to commit genocide
The existence of the three elements:
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ First A protected group being targeted,
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ The targeted group is not all Zidis and is not All Hashemite because Hashemite and Zidis spread in different parts of Yemen[187] and the campaigns are just in one area (Saddah). But in the same time the targeting is part of the group (part of the Zidis and Hashemite,( Certainly the Believe Youths and the people who support them and even the supporters are usually belonging to either Hashimate or Zidid school ). So the targeted group was targeted because of being Zidi, Hashmate and active players against government. By other words the targeted group is mainly the Believe Youth, which is a cultural and educational and may be political organization, the member of the group belong to certain faith (Zidi Islamic school certainly a part of zidi that Hussien Alhouthi separated from Mother Zidi and established in 1990s ) and most of the followers are belonging to Hasimate race. It was said in Darfur’s report by international commission[188] that†the vast majority of the victims of all of these violations have been from, Fur, Zaghawa, Massalit, Jebel, Aranga and other so called African tribes" p2 para 5 . Also Commission on Darfur concluded that†and Second on the basis of subjective standard, of a protected group being targeted by the authors of criminal conduct†[189] So being four tribe doesn’t deny the existence of targeted group. article II of Convention on the Prevention and Punishment of the Crime of Genocide states†In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group†so targeting part of the group is still considering genocide.
آ
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Second Certain acts
It was said in Darfur report that†" the commission established that the Government of Sudan and the Janjaweed are responsible for serious violations of international human rights law and humanitarian law amounting to crimes under international law. In particular, the commission found that government forces and militias conducted indiscriminate attacks, including killing of civilians, torture, enforced disappearance, distraction of villages..., these acts……may amount to crimes against humanity"[190]آ Also it was said†" ... many people have been arrested and detained, and many have been held incommunicado for prolonged period and tortured. the vast majority of the victims of all of these violations have been fromâ€[191] Also it was said in Darfur report that “" while the commission didn't find a systematic a widespread pattern of these violations, it found credible evidence that rebel forces...., also are responsible for serious violations of international human rights law and humanitarian law which may amount to war crimes. In particular, these violations include cases of murder of civilians and pillage"
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ When we will return to event in Yemen, we will find that some similarity to Darfur, first 4,000 killed person (Yemeni prisedent said river of blood), over 500 destroyed homes and over 22 destroyed schools. More than 500 arrested person with out trails, some of them for more than two years. Torture to these detainees, burnning of books, targeting relgious scolars, indiscrimenate attacks and targeting civilains.
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Third intent to commit genocide
It was said in the Judgment of Nuremberg under the title persecution Jews “ A serious of discriminatory laws were passed which limited the offices and professions permitted to Jews, and restrictions were placed on their family life and their rights of citizenship…. burning and demolishing of synagogues, the looting of Jews business and the arrest of prominent Jewish authorized and the movement of Jews was restricted[192] ,
آ
If we will return to the case of Yemen we will found similarity, for example, a law was passed in 1960s that confiscated the real estate property of Hamed Aldeen fmily (a big Hashimai family[193]), also the members of Hashimate family that were ruling Yemen before 1962 (about 70) they couldn’t get Yemeni passport and they are not allowed to inter Yemen, so Saudi government asked Yemeni government (because they are living in Saudi) about their status. Yemeni government doesn’t consider them Yemenis and they said Saudi government could issue them Saudi passports[194] More over Zidis in Yemen were banned recently from calling pray according to their religion. Many High ranking zidis scholars were arrested.آ Some Zidid activist are restricted from moving to Saddah area such as Bader Aldeen Alhouthi.
More over There is discrimination by law for this group, there is a law of political parties and organizations[195] that bans establishing a party if its principles contradict republican system, this law ban these people and others who believe that the best way that Yemeni should live is in non republican system(such as Imam system)[196]. Especially there is a theory in Islamic school that believe that governor should be Hashemite, so why the law denies this group from practicing their religion. If Yemeni were convinced and select to live under system that is different than republican, why they should be ban from doing so.آ آ آ Such law in fact is contradicting religion and political rights. Also there is another law that was issued in 1963, this allow confiscated the real state of the all family of Hameed Aldeen (royal family before 1962). Another element is that the law that allows confisecating rea state of Hameed Aldeen family.
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Also it was said in Nuremberg judgement that “ The German foreign office circular, in an article of 25th of January, 1939 entitled†Jews question as a factor in Germany foreign policy in the year 1938†described the new phase in the Nazi anti-Semitic policy in these wordsâ€آ آ it is certainly no coincidence that the fateful year 1938 has brought nearer the solution of the Jewish question simultaneously with realization of the idea of Greater Germany, since the Jewish policy was both the basis and consequence of the events of the year 1938. The advance made by Jewish influence and theآ destructive Jewish spirit in politics, economy and culture paralyzed the power and the will of the German people to rise again more perhaps even than the power policy opposition of the former enemy Allied powers of the first World War. The healing of this sickness, among the people was therefore certainly one of the most important requirement exerting the force which, in the year 1938, resulted in the joining together of Greater Germany in defiance of the worldâ€. [197]
If we will collect the Yemeni official media we will find that similarity of incitement and racists tone such as:
-An article in military news paper reminded people that Imam was killing people with out trails[198] this article was during a military campaign that there is a doubt it targets certain group, sosuch statement shows the intent of yemeni government and also it constitute kind of incitements because Imam was Hashemite and he was repressing regime. And again this is the official speaker of ministry of defense and in the same time it has strong ties to the president.
-26th of September, the military news paper, described Hashemite as guests and they are in Yemeni land temporarily[199] this was an official opening of the most official news paper in the country, I could understand it is hate tone if it is in a private media but in a military media and during a war, it shows the intenet of Yemeni government and it constitute an incitement for targeting this group.
-An article in military news paper by Hareth Alshokani declared that†Hashemite is the problem of Yemen during history; he described them as strangers came from Iran. He added they wear Islamic clothes but in fact they are evil. The editor said this religious school is dangerous, political, fake and racist[200]. What is the expected reactions from a solider who read his official news paper in a country that 35% of its population is ill-treated[201], there is high possibility thatآ آ the solider will think, since this group is dangerous and since it is the problem of the country during history, so why should the country suffer more!!آ
--In April the former prime minister and current secretary general of ruling party and in the same time current political consultant of President said†Houthi movement is a satanic tree and it is against 1000 years of Yemeni history[202]. this is a statement of a former prime minister so when the solider will read that this group is an evil group, so the soldiers may ask them selves, so why should this satanic tree continue.
So all this constitute incitement and showed intent to harm this religious and ethnic group, which may be considered the third element of genocide crime.
-Also the accusation forAlhouthi that he claimed to be a prophet because in Islam such thing is considered one of the biggest sin[203] so this will make people (in ignorant society) sustain from helping or sympathy with such person.آ
-Another indication about the intent of Yemeni government to committ genocide is the fact that since the beganing of the war that Yemeni army is leading the fight, and according to Yemeni laws, police is the instrument to handel local issues, yes it is true that in certain cases and by request of police (if they are not able to handel the case) it is allowed to use the army[204], but this would need declaring state of emergency and get approval from the parleliment which is not the case[205]. More over even when army interfer the leading is still in the hand of police, but it is obvious that the first statement was by the head of military area. More over all kind of heavey weopones were used in this war except the Navy (Sadah is not on the sea). All this may shows ditermenation to terminate the group.
-Fourth other supported elements that make the claim of genocide believable
-This Area (sadah) and these people ( Hashmate, Zidis)آ subjected to war crime during 1960s by Egyptian forces that used poisoned gas against formers Yemeni regime in favor of revolution makers. It was said about that†Egypt was the first Middle East country to develop and use chemical weapons. It did so effectively in its war with Yemen between 1962-67,"[206] and it is the first time in Yemen history such weapons to be used. There were many wars in Yemen that happened such as 1994, 1967, 1995 with Eritrea, 1995 with Saudi, 1979 with South Yemen,, just two times there were claims of using poisoned gas and prohibited weapons, in 1960s and in 2004, 2005. The first one (1960s) has proven it is correct, so why not the second could be especially it is the same area, the same people (Sadah is a very remote area). As Egyptian scholar Fahmi Houdi said (no body comments on the events so far). آ Yemen is not attracting any foreign or influencing power like what happened in Lebanon because of assassination of Alhareri that led Franc and the US to work through SC to investigate the case.
In this regard Richard Goldstone of South Africa, the Chief Prosecuotor of Yogeslavia tribunal said†I was asked why Security Council had established war crimes tribunal for Yogoslavia and had not done so in the case of Iraq or Combodia or any other equally serious conflic in Asia or Africa†he gave his answers that consist of 8 points, most of them are related to Media and politics[207]
--Yemeni president said in an interview with Aljazeera TV channel when he was taking about the role of Arabs in defending Palestinians†we as Arab leaders building strong armies and instead of send these armies to help Palestinians, we are using them to fight any opponent activities[208]
-- Yemeni government accused Alhouthi that he is Ethna Ashry (being Shiat like Iran and Iraq)[209] this is by itself is not a crime , but government shows that it doesn’t believe in freedom of religion, so it was enough from (according to government) to target these people because of being Shiat as the same type of Iraq). So targeting because of faith by admitting of Yemeni official in public newspaper. Yemeni constitution and international instrument that Yemen ratified confirmed the freedom of religion[210].
- Yemeni president describe Sadah’s events, as an Intefadah[211] Intefadah is a positive word in Arabic that means uprising against occupying power or bad regime.
-According to the head of dialogue committee Judge Alhitar, the dialogue was about (difference between Shiat Ethnaashryah and Zidiyah) why the dialogue contains the difference between Jafryah and Zidyah!!? Why it is a prob;em according to yemeni government that to belong to Gafryaiah faith!!?[212]. Why Government thinks this a reason to be discussed and what is the ideal solution according to government? To leave this school and return to Zidi?! This is against Yemeni constitution and international law (freedom of religion).
-The testimony of witness[213] that talk about pulling bodied on street after connecting them to the back of the military cars. In addition to the banning of medical treatment for wounded people of opponent group.آ
-Council of coordination of opponent parties declared in April 8th, 2005 that Sadah events needs an independent and impartial committee to investigate the case.[214]
-Zidi school is the most famous Islamic school that allow (or may be requires) fighting the oppressing regimes. So if this group is allowed to grow more and more this would constitute a threat for Yemeni president and his relatives, so this makes it believable to think president decided to terminate their movement earlier[215].
-Yemeni president issued amnesty for all his opponents and for former opponent of old regimes including the people who cause the general and major local war of 1994 that Yemen lost in it over 10,000 killed person and 30,000 wounded person and over $10 Billionآ financial loss[216], but President pardon them[217] But Yemeni president refused to issue amnesty for members of former regime (Hashemite) that were ruling Yemen before 1962, even their new born children are not allowed to enter Yemen, more over even their bodies are not allowed to be buried in Yemen. (they are the only group in Yemen that don’t benifet from any amnesty and suffering from gross violation which is being in their country) President forgive the recent criminals of 1994 but not for innocent persons that are just relatives of members of former regime of 1962.آ This gives strong indications of the targeting for this group and considering them a political threat.
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ -Hussein Alhouthi is the first and the ONLY Hashemite, Zidi opponent person who won a seat in parliament. This was in 1993. So four Hashemite parties couldn’t win any seat during, 1993, 1997, 2003 election except one seat of this person (Alhouthi), is it irony? Or some thing planned. Other evidences indicate it is a planned event. More over another key element to understand this case is to relaize the fact that tribes in Yemen has strong influnce and majority of Hashimate and zidis are civilans (doesn’t belong to fighters tribe) and Alhouthi is one of a few Hasimate that belong to fighting tribe[218].
آ
--The environment of the events make such assessment is true because Yemeni president is in power since 1978 and his son and relatives occupying high positions and there is a deep discussion about the possibility that son of president to inherit power[219], and there is a fact that Zidi and Hashemite were ruling for over 1000 years. And sadah is their center of the movement.آ Most opponents parties condiment the abuse of army in personal and family interest. More over the regional and international environment for example in Gulf countries, which is small and weak, (Saudi, Bahrain, Kuwait, Oman, Qatar and UAE) are concerned from the grow of Shiat, Shiat took power recently in a strong country which is Iraq[220]آ آ Shuiat are in power in another strong country which is Iran. More over shiat constitute more than 60% of Bahrain people and they are the main opponent power[221] (Bahrain king was the only foreigner figure to congratulate Yemeni president for ending the fight[222] ). Saudi Arabia starts to suffer from the grow of its Shiat[223], and by taking in account that the faith of Gulf countries is in clash with Shiat [224] So Gulf countries became surrounded from the East by Shiat of Iran, North, Shiat of Iraq, so existence of Shiat in the South (Yemen) will be another trouble. Especially Yemen tries to join the Gulf Organization for Cooperation and Yemen wants to show it self as a protector of Gulf after (as Iraq was doing so in 1980s). More over the time of the operations was right a way after returning of Yemeni prisedent from G8 summit I Georgia (US) which makes the operation to appear as part of war on terorrism, like what happened after the summit in DC between Yemeni prisedent and US prisedent in November 2001[225].
- Yemeni president in mid September to declare amnesty for Houth’s father and give him the right to live any where in Yemen[226] (the tone of the declaring news give the impression that the President is a generous man, he gave this person the security to travel where he wants, this is an essential right for any human being to move where he wants not a gift by a governor. To make this clear we will mention the news of the military news paper “Houthi left Sanaa suddenly in March 11 â€[227] so they said he left suddenly, how he should leave?!!, should he ask a permission?!! This shows how Yemeni government looks to its authority and the rights of people.
آ
آ
Part B War crime
Since the acts that reported include destroying mosques[228], targeting religious leaders, and prohibiting practicing certain religious activities. Restricting medical relief, banning humanitarian aid, targeting civilians, burning religious books, taking hostages, banning water all that may constitute a war crime according to Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) that states
آ
آ
Conclusion
According to the information demonstrated and the assessment, I concluded the following:
-It is not enough to conclude cut clear result depending on the recourses of this paper[229]but we will try to make conclusion based on avalibe information.:
آ -There are serious reasons that make the claime that Yemeni army commits war crimes belivable.
آ -There is a well founded ground to DOUBT that Yemeni prisedent makes conspiracy to commit genocide against Believed Youth which may amount to crime punished under international law. As of the direct and public incitement to commit genocide against Believed Youth group, it is much likely to be belivable
آ
آ
Recommendations
-Since there is weak judicial institutions in the country, and since there is confirmation that very rare trails were held for official accused of abusing human rights. So Yemeni judicial institutions are not qualified to investigate these conclusions, and since regional organizations, Arab States league and Organizations of Islamic conference had no jurisdiction or precedence to investigate such events[230], so the only choice would by International organization especially UN and certainly Security Council, which should send an independent committee or truth commission to investigate the case and recommend the appropriate solutions.
- in order to diffuse the environment and to insure that no crime will be commit any more and to prevent cleaning the theater of the crimes, involved governmental figured should be frozen from practicing any authority in this conflict especially, Leader of military area Brigadier Ali Mohsen Alahmer (president’s cousin) Marshal AbdulAziz Aldhahab the front commander, Brigadier Alwash, manager of security forces of sadah, Brigadier Al Amary, Governor of sadah. Brigadier Ali Hasen Alshater, Chief Editor of 26th of September military news paper. Until truth commission come and reach their conclusion.
-Any Yemeni bodies that involve in the case such as (judicial institutions, union of religious scholars, and committee of dialogue) should not be given any authority because it proves it is not effect and it is not just.آ
-Allowing international and regional organization to visit the area
- providing immediate aid to the area.
-considering the Yemeni president part in the problem and dealing with him accordingly certainly invistgate .
-Compensating the victims of the military operations and releasing prisoners or send them before courts.
-Amending the law of political parties and organization that allow any party to be established even if the idea of this organization or party is to change republican regime, since the party will try to achieve its vision through convincing people and through elections and referendum. And oblishing the law that allowed confisecating real state of Hameed Aldeen family and allow them to return their country and enjoy their rights as citizens.
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[1] This paper was submitted for Professor Douglas Cassel, course of International Criminal law at North western university, LLM program in international human rights law.
[2] See http://www.alwasat-ye.net/visited may 20 2005.
[3] See article about that at http://www.al-tagheer.net/news/modules. ... e&sid=410آ visited May 1st 2005.
[4] See http://www.aljazeera.net/News/Templates ... INT=Guestآ visited may 1st 2005.
[5] See http://www.undp.org.ye/آ آ visited may 23, 2005.
[6] Collective of http://www.state.gov/g/drl/rls/hrrpt/2004/41736.htmآ visited at May, 1st, 2005, CIA fact book at http://www.cia.gov/cia/publications/fac ... os/ym.html visited May, 1st, 2005 , Yemeni constitution that was subjected to referendum in 1990 and were amended twice one in 1994 and other in 2001, and Amnesty international web at http://ara.amnesty.org/library/ara-rece ... &start=60آ visited may, 1st 2005.آ and the Arab human rights organization website at http://www.aohronline.com/arabic/data/A ... ٹظ…ظ†ظٹط©آ visited May, 1st, 2005.
[7]آ Almosoah Almysarah fey Aldyan walmathaheb Almoserah, 1993. Also see http://mb-soft.com/believe/txo/shiites.htmآ visited May1st 2005.
[8] http://www.state.gov/g/drl/rls/irf/2004/35512.htmآ آ visited may1st 2005.
[9] See p178-208, Mohamed ABufars, the political system in Islam, (1986)
[10] Hashimate family is the family that belongs to prophet especially through Ali who was the son in law of the Prophet and Prophet’s cousin.
[11] Balagh news paper thinks they are ( 20% ) see albalgh.net visited April, 20th 2005
[12] see Abdulrahman Alshogaa, history of Yemen in Islam, (1999)
[13] See his resume at Mohamed Alshowafi, history of Imam AlHaddi, Master thesis (1992)
[14] The official text book of grade eighth which called national history. 1988.
[15] This called the war or the sanction of 70 days because Sanaa was surrounded by Hashemite troops.
[16] Mohamed Hasaneen Hekel, Sanaoat Alghalyan, war of 1967 (1992) p76
[17] An interview with former prime minister of Yemen Mohsen Aleni in Almanar TV in 2002.
[18] Friend of mine who is working as judge assistant is refusing to be called by his family name until now and after 43 years of revolution.آ
[19] See Yemeni constitution of 1990 and it amendments in 1994 and in 2001.
[20] see http://www.al-shoura.net/آ آ visited May 9, 2005
[21] http://www.ray-yem.com/
[22] see us department of the state human rights report about Yemen in 2004, the introduction
[23] P28 Abdulmaliek Alteeb, Altaryhk yatklam, 1991.
[24] See human rights watch report about this war at http://store.yahoo.com/hrwpubs/yem.html visited may 19,2005
[25] see the speech of Yemeni president about their roles at http://www.26sep.net/narticle.php?sid=6747 visited May 2205
[26] Mohamed Almekhlafi, enhyar dolat almosasat fy alyemen, p34 and later, 1998.
[27] See his resign letter at Alomah news paper, issue of August 7th 1998.
[28] See the welcoming at issue of September2nd 1997.
[29] See Alomah news paper, January, 2003.
[30] Information was got from UNOHR home page visited May, 1st 2005.آ
[31] See http://www.icc-cpi.int/php/show.php?page=region&id=4آ visited May 1st 2005.
[32] At http://www.state.gov/g/drl/rls/hrrpt/2003/27942.htmآ visited may1st 2005. also at http://web.amnesty.org/report2003/Yem-summary-engآ visiteedMay1st 2005. and http://www.aohronline.com/arabic/data/A ... ٹظ…ظ†ظٹط©آ آ visited may 1st 2005.
[33] At http://web.amnesty.org/report2003/Yem-summary-engآ visited May 12 2005
[34] at http://www.aohronline.com/arabic/data/A ... ٹظ…ظ†ظٹط©آ visited may 11 2005
[35] International Religious Freedom Report 2003
Released by the Bureau of Democracy, Human Rights and Labor at http://www.state.gov/g/drl/rls/irf/2003/24466.htmآ آ visited May1st 2005.
[36] Most of the recourses in the government story is from the website of the weekly governmental news paper 26th of September that is the official speaker of ministry of defense and it has strong ties to president. Its website isآ http://www.26sep.netآ آ
[37] See http://www.26sep.net/newsweekarticle.php?sid=10194 visited may 19 2005
[38] see for example http://www.alwahdawi.net/آ آ visited May, 2005
[39] see http://www.aljazeera.net/News/Templates ... 8C3-9E77-آ 4ABE9A0F206C.htm&FRAMELESS=false&NRNODEGUID={664F12AE-3890-48C3-9E77-4ABE9A0F206C}&NRCACHEHINT=Guestآ آ visited may 1st 2005.
[40] Almahdi Almontader is an idea in Islam that some Muslim will come (in the end of the time when bad people will fill the earth pain) to facilitate the return of Jesus and almost al Muslims believe in that although they disagree on the details.
[41] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ visited may 23, 2005.
[42] See Adel Aldhahab, why Yemenis go to fight in Afganistan, unpublished paper that was given as a lecture for Allen and Overy team attorneys by occasion of defending 13 Yemenis detainees in Gountanamo (2004) p 2
[43] http://www.26sep.net/newsweekarticle.php?sid=10672آ visited may 15 2005
[44] http://www.26sep.net/newsweekarticle.php?sid=10536آ visited may 16.2005
آ
[45] http://www.26sep.net/newsweekarticle.php?sid=10902آ visited may, 15, 20005
[46] http://www.26sep.net/newsweekarticle.php?sid=11065 visited may, 15, 20005
[47] http://www.26sep.net/newsweekarticle.php?sid=11047آ visited may 15 2005.
[48] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ visited May 23, 2005.
[49] http://www.26sep.net/newsweekarticle.php?sid=11188 visited may 15, 2005.
[50] http://www.26sep.net/newsweekarticle.php?sid=10932آ آ آ visited May 18, 2005.
[51] http://www.26sep.net/newsweekarticle.php?sid=11741 visited may 2005
[52] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ visited May 23, 2005.
[53] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ visited may 23, 2005.
[54] http://www.26sep.net/newsweekarticle.php?sid=11740آ آ visited may 15, 2005
[55] http://www.26sep.net/newsweekarticle.php?sid=11717 visited may 15 2005
[56] http://www.26sep.net/newsweekarticle.php?sid=15538آ visited may 15, 2005.
[57] http://www.26sep.net/newsweekarticle.php?sid=15537آ visited may 2005. and fact can be get from such statement is that interring president in every details, so it is not dispute between government and some body but it is a dispute between President and Alhouthi.
[58] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ visited May 20, 2005.
[59] http://www.26sep.net/newsweekarticle.php?sid=15532 visited May 2005
[60] http://www.26sep.net/newsweekarticle.php?sid=19038آ visited may 2005.
[61] http://www.al-shoura.net/?id=ufmbubn631آ آ آ visited, May 14 2005
[62] http://www.26sep.net/newsweekarticle.php?sid=19148آ آ visited may 2005.
[63] http://www.26sep.net/newsweekarticle.php?sid=19153 visited may 2005.
[64] http://www.26sep.net/newsweekarticle.php?sid=19285 visited may 2005.
[65] http://www.26sep.net/newsweekarticle.php?sid=19416 visited may 2005.
[66]http://www.26sep.net/newsweekarticle.php?sid=19536 visited may 2005.آ
[67] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ آ visited may 22, 2005
[68] http://www.26sep.net/newsweekarticle.php?sid=19524 visited may 2005.
[69] http://www.26sep.net/newsweekarticle.php?sid=19641 visited may 2005.
[70] http://www.26sep.net/newsweekarticle.php?sid=19717 visited may 2005
[71] http://www.26sep.net/newsweekarticle.php?sid=19906آ visited may 2005
[72] See http://www.26sep.net/narticle.php?sid=6784آ visited may 17 2005.
[73] See http://www.26sep.net/narticle.php?sid=6852آ visited may 18 2005.
[74] http://www.26sep.net/narticle.php?sid=6852آ آ آ visited may 15,2005.
[75] http://www.26sep.net/narticle.php?sid=6852آ visited May 15,2005.
[76] http://www.alqabas.com.kw/news_details. ... „طظˆط«ظٹآ آ آ visited May 22,2005.
[77] http://www.26sep.net/newsweekarticle.php?sid=19167آ آ visited may 21, 2005.
[78] See http://www.26sep.net/narticle.php?sid=6747آ visited may 17 2005.
[79] See http://www.26sep.net/narticle.php?sid=6747آ آ visited may 17, 2005.
[80] http://www.26sep.net/narticle.php?sid=6747آ آ visited may 17 2005.
[81] http://www.26sep.net/narticle.php?sid=6747آ آ visited may 2005.
[82] At http://www.26sep.net/narticle.php?sid=6784آ visited may 16 2005.
آ
[83] http://us.f528.mail.yahoo.com/ym/login? ... 4okl8adr4آ visited may 16 2005.
[84] http://us.f528.mail.yahoo.com/ym/login? ... gkjmrvv04آ visited may 17, 2005.
[85] This was in April 5, 2005 seehttp://www.alquds.co.uk/index.asp?fname=2005\0 ... ظˆط«ظٹfffآ آ آ Visted May, 15, 2005.
[86] See http://www.aljazeera.net/News/Templates ... INT=Guestآ آ آ visited June, 14, 2005.
آ
[87] http://www.alquds.co.uk/index.asp?fname ... ط¬ظٹط©fffآ آ آ آ آ آ visited may 15, 2005.
[88] http://www.alquds.co.uk/index.asp?fname ... ط¯ظٹط©fffآ آ آ visited May 21, 2005.
[89] http://www.alwasat-ye.net/modules.php?n ... e&sid=622آ visited May 22, 2005
[90] http://us.f528.mail.yahoo.com/ym/login? ... ogkjmrvv04 visited may 17, 2005.
[91] http://www.al-shoura.net/?id=ufmbubn609آ آ visited may, 2005
[92] http://www.al-shoura.net/?id=ufmbubn736آ visited May 14, 2005.
[93] See the interview at http://www.nasspress.com/sub_detail.asp?s_no=137آ آ آ visited may 18 2005
[94] http://www.al-shoura.net/?id=ufmbubn&ID3=11visited May 18, 2005.
[95]http://www.al-shoura.net/?id=ufmbubn&ID3=11آ visited may 17.2005
[96] See http://www.newsyemen.net/show_details.a ... 5_18_5370آ visited May 18, 2005.
[97] See See http://www.newsyemen.net/show_details.a ... 5_18_5370آ Visited May 2005.
[98] See http://web.amnesty.org/report2005/yem-summary-engآ visited June, 10th, 2005.
[99] http://us.f528.mail.yahoo.com/ym/login? ... o1mhsrldds visited may 14 2005.
[100] http://www.alqabas.com.kw/news_details. ... „طظˆط«ظٹآ آ آ visited may 22, 2005.
[101] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ visited may 23, 2005.
[102] http://hdr.undp.org/reports/view_report ... 0&theme=0آ آ visited may 22, 2005.
[103] http://www.asharqalawsat.com/leader.asp ... tate=trueآ visited may, 14, 2005.
[104] Fars Alsaqaf response to article of Fahmi Hoediin 26th of Sep
[105] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ آ آ visited May 22, 2005.
[106] Salfyah movement is one of the conservative Islamic school that exist in Saudi
[107] http://www.alkhaleej.ae/articles/show_a ... al=160582آ آ آ visited May 22, 2005.
[108] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ visited may 22, 2005.
آ
[110] http://www.26sep.net/newsweekarticle.php?sid=19532 visited may 2005.
[111] (Reply of Hozat declaration in Althoura news paper issue No 14787[111])
[112] http://www.al-shoura.net/?id=ufmbubn657آ آ visited, May 12, 2005.
[113] http://www.ifj.org/default.asp?index=2683&Language=ENآ آ آ visited may 14 2005.
[114] http://www.26sep.net/newsweekarticle.php?sid=20059آ visited may 2005
[115] they are Islah party, the main opponent, UPP, Alhaq, Albaath, Alwahdwai, and social party.
[116] http://us.f528.mail.yahoo.com/ym/login? ... gkjmrvv04آ visited May, 20, 2005
[117] http://www.alkhaleej.ae/articles/show_a ... al=166797آ آ visited may 22, 2005.
[118] http://www.alwahdawi.net/details.asp?id=2040آ visited May 16, 2005.
[119] http://www.alquds.co.uk/index.asp?fname ... ط¸ط§طھfffآ آ visited may 22, 2005.
[120] See http://www.al-tagheer.net/news/modules. ... le&sid=410 visited may 17 2005.
[121] See http://us.f528.mail.yahoo.com/ym/login? ... gkjmrvv04آ visited may 18 2005.
[122] A negative word to address a person instead of calling his name kind of unwilling to call his name.
[123] See his article at http://us.f528.mail.yahoo.com/ym/login? ... gkjmrvv04آ visited at may 17, 2005.
[124] See it at http://us.f528.mail.yahoo.com/ym/login? ... gkjmrvv04آ آ visited in may 18, 2005.
[125] http://us.f528.mail.yahoo.com/ym/login? ... o1mhsrldds visited may 16, 2005
[126] http://us.f528.mail.yahoo.com/ym/login? ... 1mhsrlddsآ visited may 16,2005.
[127] http://us.f528.mail.yahoo.com/ym/login? ... 1mhsrlddsآ visited may 15, 2005.
[128] http://www.alwahdawi.net/details.asp?id=2042آ آ آ visited may 18, 2005.
[129] http://www.alwahdawi.net/details.asp?id=2042آ آ visited may 19 2005 .
[130] http://www.alkhaleej.ae/articles/show_a ... al=162225آ visited may 22, 2005.
[131] http://www.asharqalawsat.com/details.as ... tate=trueآ آ visited May 22, 2005.
[132] http://www.alwasat-ye.net/modules.php?n ... le&sid=512 آ visited may 22, 2005.
[133] http://www.alwasat-ye.net/modules.php?n ... e&sid=512آ آ visited may 22, 2005.
[134] It is kind of degrading the body of the killed person it called in Arabic (sahhl)
[135] http://www.ohchr.org/english/law/cerd.htmآ آ visited April 20, 2005
[136] p32, Mohamed Alwan, International human rights law, 1997.
[137] see http://www.unhchr.ch/html/menu3/b/treaty1gen.htmآ visited june, 2nd, 2005.
آ
[138] South Yemen in April, 1989 acceded article IX that talks about the jursidection of ICJ in case of dispute with other State. See http://www.unhchr.ch/html/menu3/b/treaty1gen.htmآ آ visited June,14, 2005
آ
[139] Entry into force: 12 January 1951, in accordance with article XIIIآ see http://www.ohchr.org/english/law/genocide.htmآ آ visited May 1st 2005.
[140] p23, Rebecca, Wallace, International Law 2002.
[141] see http://www.un.org/law/ilc/texts/nurnberg.htm visited june, 7th, 2005.
[142]P66 Ian Brownife, princibles of International law, 1998
[143] p23, Rebecca, Wallace, International Law 2002.
[144] Adopted by Security Council resolution 827 (1993) of 25 May 1993
Amended by Security Council resolutions 1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002 and1431 (2002) of 14 August 2002آ .see http://www.ohchr.org/english/law/itfy.htmآ آ visited may 12, 2005.آ see also
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994
آ
آ
[145] see p12 of this paper.
[146] p23, Rebecca Wallace, International law, 2002.
[147] See http://www.amnestyusa.org/icc/index.doآ visited June, 15, 2005.
[148] See p228, Rebecca Wallace, International law, 2002.
[149] Entry into force: 1 July 2002, in accordance with article 126 see http://www.ohchr.org/english/law/criminalcourt.htmآ visited may 2nd 2005
آ
[150] see http://www.icrc.org/Web/eng/siteeng0.ns ... %20ENG.pdf
visited June, 12, 2005.
[151] Adopted on 8 June 1977 by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts Entry into force: 7 December 1978, in accordance with Article 23
آ
[152] any information will be mentioned here will not be cited again, since it was mentioned in any party story earlier.
[153] See us department of the states human rights reports of 2004. and amnesty international.
[154] See Adel alDhahab, reform in the Arab world, May 2005 appendix.
[155] See last references, appendex.
[156] See Yemeni criminal law
[157] As Alhakemi asses, see third parties story.
[158] See chapter of human rights situation in Yemen that was mentioned earlier
[159] http://www.asharqalawsat.com/details.as ... state=true visited may, 21st 2005
[160] See their statement at http://www.26sep.net/newsweekarticle.php?sid=20059آ visited may 2005
[161] See the article of Fahmi Hoedi, the Egyptian scholar at http://www.asharqalawsat.com/leader.asp ... tate=trueآ آ visited May 22, 2005.
[162] See for example US department of the states human rights report of 2004.
[163] Its declarations were mention in their parts stories.
[164] See us department of the states human rights reports of 2004
[165] See for example human rights reports of UD DS of 2000.
[166] For example all media statement comes from him not from other members. See third parties sorties.
[167] See almethaq news paper of April, 23, 2003.
[168] See law of 1991 of the judicial authority.
[169] See for example his statement to 26th of September at http://www.26sep.net/newsweekarchive.phpآ آ visited May 22nd, 2005.
[170] Committee statement is in the third part stories.
[171] See us department of the states human rights reports of 2004
[172] p94, 2000
[173] http://www.alkhaleej.ae/articles/show_a ... al=162225آ visited may 22, 2005.
[174] http://www.asharqalawsat.com/details.as ... tate=trueآ آ visited May 22, 2005.
[175] http://www.26sep.net/newsweekarticle.php?sid=15538آ visited may 15, 2005.
[176] See the interview in the resources that president did mention at Annasآ http://www.nasspress.com/sub_detail.asp?s_no=137آ visited May 20,2005.
[177] He is a human rights activist on the regional level, see www.aohr.org
[178] see the interview at http://www.al-shoura.net/?id=rmbubn1316آ visited May, 15, 2005
[179] http://www.26sep.net/newsweekarticle.php?sid=10932آ visited june, 9, 2005.
[180] Jafryah or Ethna Ashryah, were very few in Yemen but they increased because of the waves of Iraqis residents in Yemen after Gulf war 1991.
[181] http://www.26sep.net/newsweekarticle.php?sid=19397 visited may 2005.
[182] http://www.26sep.net/newsweekarticle.php?sid=11188 visited may 15, 2005.
[183] آ http://www.26sep.net/newsweekarchive.php آ آ visited may 15,2005.
[184] Adel Aldhahab, why Yemenis went to fight in Afganistan, unpublished paper, it was delivered in December 2004 for group of lawyers that defending group of Yemeni detainees at Gountanamo.
[185] report of international commission of inquiry on Darfur to the United Nations Security Council, Geneva, 25 of January, 2005)
آ
[186] P3 para 4
[187] http://www.al-shoura.net/?id=usmbubn366 visited may 19, 2005.
[188] )(report of international commission of inquiry on Darfur to the United Nations Security Council, Geneva, 25 of January, 2005)
آ
[189] p3 of the report paragraph 4
[190] p2 para 2 of the report
[191] p2 para 5
[192] p22 judgment of the international military tribunal at Nuremberg, Germany 1946
[193] See the official gazette of Yemen, ministry of legal affaires, a group of laws that passed in Yemen since independence. P 443.
[194] See Alwahdwai, issue of November 2000.
[195] It is a law that was issued in 1990.
[196] Return to the chapter that talks about Zidi Islamic school in this paper.
[197] P22-23 Nuremberg judgment
[198] http://www.26sep.net/newsweekarticle.php?sid=11172 visited May 15 2005
[199] http://www.26sep.net/newsweekarchive.php visited May 15,2005.
[200] http://www.26sep.net/newsweekarticle.php?sid=19524 visited may 2005.
[201] See http://www.undp.org.ye/آ visited June, 9, 2005.
[202] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ آ visited may 22, 2005
[203] It was mentioned in Quran that the most opressing one is the one who claim some thing on behave of Allah.
[204] See article 36 of Yemeni constituation and law of police.
[205] See article 121 of Yemeni constituation.
[206] http://www.freerepublic.com/focus/f-news/1039021/postsآ آ آ آ visited may, 23, 2005.
[207] See his book, For humanity, reflections of a war crimes invistgator, 2000 p 78, 79
[208] See the interview at Aljazeera chanal, October 2000.
[209] http://www.26sep.net/narticle.php?sid=6852آ آ آ visited may 15,2005.
[210] See article 8 of Yemeni constitution.آ
[211] http://www.asharqalawsat.com/details.as ... state=true visited May 19, 2005.
[212] Jafryah or Ethna Ashryah, were very few in Yemen but they increased because of the waves of Iraqis residents in Yemen after Gulf war 1991.
[213] Return this chapter. .
[214] http://www.alquds.co.uk/index.asp?fname ... ط¹ط¯ط©fffآ visited May 22, 2005.
[215] See thesis of Dr Farwan, theآ principle of fighting the ruler in Islamic schools, 1998.آ P20 and afterآ
[216] www.undp.org.ye/آ visited june, 8, 2005.
[217] His last pardon was in March 2003, see the official gazette of Yemen that issued by ministry of legal affairs, p 26.
[218] See US department repoprt about human rights in Yemen in 2004.
[219] See Adel Aldhahab, Obstacles of reform in the Arab world, unpublished thesis, p 32
[220] they got 47% of the result of 2005 election.
[221] See amnesty international report about Bahrain in 2004.
[222] http://www.26sep.net/newsweekarticle.php?sid=15534 visited may 14, 2005.
[223] See human rights report of Saudi certainly the rights of this minority.
[224] They caled salfyah and they had strong misunderstanding with each other.
[225] By that time right a way Yemeni army attacked a village that where some Alqadda were hiding there.
[226] http://www.26sep.net/newsweekarticle.php?sid=15537آ visited may 2005.
[227] http://www.26sep.net/newsweekarticle.php?sid=19416 visited may 2005.
[228] Which I found believable because of his governmental high position and his punishment for his articles and because of being non Zidi and non Hashimate
[229] Richard Goldstone, the Chief Prosecuoter of Yogeslavia tribunal said he needed to serach CIA document and many other resourses, and UN reports and others were not enough, see his book For humanity, reflections of war crimes invistgator, 2000, p56.
[230] We can use here Darfor crisis as an example for failure of regional organizations. SC only the one who was able to handle the issue.
آ Since Government was the one who started the war and since human rights reports confirmed that judiciary is weak in Yemen and subjected to Government influence[158] and that judges are being harassed by government and the judge who stand against government is remove from office, and since the statement of ministry of human rights and other about the illegal procedures of Journalist Alkwani who was put on trailed because of his covering of Sadah events, so if a journalist was harassed because of his support to Alhouthi and if a judge was convicted for ten years in a trail that lasted one month because of his support to Alhouthi,آ it is more worthy and more expected that the real targeted person will be oppressed. So there was well founded reason for Alhouthi not to hand over him self with out guarantees that he will face fair trail. More over this would be clear if we would take in account the threat of the committee of political parties that opponent parties may be will canceled because of its support to Alhouthi because these parties declared the dispute needs independent committee[159]. More over president promised Alhouthiآ a fair trail if handed over him self, so fair trail is not an essential rights according to president, it is a gift, he gave to whom he wants.
Fourth the stand of Union of religious scholars
آ Since it was a religious and political conflict in the same time, the opinion of the union of Yemeni religious scholars supposes to be an important instrument to address the question of the paper, but we can’t rely on the union of religious scholars because of the following reasons:
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ They declared their biased in favor of the president by describing his speech as (historical) speech [160]
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ They deny the existence of shiat Ethna Ashrya, which contradicting with the facts there is existence of such group. [161]
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ This union is consisting mostly of judges andآ all human rights report of Yemen confirmed that judges are subjected to the influence of the executive authority[162].
-This union doesn’t blame government for any thing, in fact it compliment the president in every thing and in a way that doesn’t agree with their missions as independent part[163].
-All human rights reports confirms that the parliament and judiciary are influenced by executive authority and executive authority is concentrating in president hand[164], so if president is able to influence parliament and judiciary it is more easier for him to influence one single union.
Fifth the stand of committee onآ dialogue
We can’t rely on the committee of dialogues because of the following reasons:
-the president, who is an involved part in the problem (as head of military and as a key person in political life and as accused of abusing country for his personal and family interest) is the one who selected these members, so how could an involved party to a problem hired a mediation committee?!!
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ The head of this committee, who is a judge in the supreme court, he is theآ head of Yemeni organization for human rights and this organization is widely recognized as government defender and has ties to government[165] also this judge who is a key person in the committee[166] before Yemeni election of 2003 gave statement for the ruling party news paper (almethq) that ruling party is the best one and it is the party of the middle and he encouraged people to vote for it[167] (judges are prohibited by law not to practice or promote politics[168]) more over this judge usually when interviewed by media usually complement the wisdom of the president and he praying to god to keep president’s life longer[169]So this judge is untrustworthy.
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ All sides of the crisis (opponent party, independent, foreign powers etc) criticize something in government side, but this committee always complement government[170]
-All human rights reports confirms that the parliament and judiciary are influenced by executive authority and executive authority is concentrating in president hand[171], so if president is able to influence parliament and judiciary it is more easier for him to influence one single committee.
If I will try to compare between this committee and the stand of the Chief Prosecuotor of Yogoslavia tribunal that said†I had no wish to be photographed together with lobodan Milosevic of Serbia against whom serious crimenal allegation had been made and who were the subject of investgation by mo office"â€[172] we cn understand the real independence and thefake one.
-Sixth the accusations of government against Alhouthi
آ The accusation of the government against Houthi is incoherent because of the following reasons:
-The contradiction in explanations the wars, starts from claiming that houthi to claim to be a prophet, being a Mahdi, being agent for foreign powers, being terrorist, being fanatical, attacking check points, and finally being willing to return old Imam regime by being a military wing for certain parties. So government is inconsistent .
-in the beginning of February ofآ 2005 government released one of the main founder of believe youths (PY) Mohamed Yahya Ezzan[173][174] so if there is a believe that these are terrorist group or criminal or implementing foreign agenda, government would not release this important figure(one of the founders of the Believe Youth).
- According to the view of government that ministry of interior discovered that foreign intelligence were behind Alhouthi and the reason was because of jealous of what Yemen has achieved in fighting terror and its role in international relation. [175] (Yemeni government provided little things that can’t be called evidence), so in my opinion government doesn’t provide evidence since September 2004 until June 2005 no single evidence, Yemeni president said in July 2004 in the media that “ there is a lot of evidence that Houthi is implementing foreign agenda and evidence will be declared publicly, but until now the most important evidence according to president him self when the president declared in his famous meeting with heads of parliaments and Islamic scholars, he said the big evidence of the involvement of foreign powers is the interview of the head of one of UPP party with Annas news paper, by returning to this interview, I found the following[176]آ
-The interview was with Professor Mohamed Abdulmaliek Almotokol the deputy of UPP and it was a general interview about current issues[177], he was asked about reform in the Arab world and the accusation from governments that they are asking help from foreigner powers. He replied, Arab governments persecute people, but Arab governments listen and subject to foreign powers, so this make Arab nation to seek support from foreign powers and he describes such seeking as a necessity,. Dr Almotokeel after the accusation of the president clarifies his statement in the interview in an article by saying who is making a reason for foreign powers to interfere is he the persecutor or the victims? He answered sure they are the governors [178].آ آ آ آ This talks asking help from foreign powers for reform is sommon in the arab world and it doesn’t constituate a crime.آ آ
-According to the head of dialogue committee Judge Alhitar, the dialogue was about (difference between Shiat Ethnaashryah and Zidiyah, also the existence of US army, also the believe, more over the accompanies of the prophet)[179]آ so there was no talk about resistance government or republican regime, more over why the dialogue contains the difference between Jafryah and Zidyah!!? Why it bothers the existence of Gafryah[180].
- In March the head of dialogue committee to give a public speech about reasons of religious extremist in general (because he is also making dialogue with AlQadaa supporters) he said this is because knowing part of Quran and part of the Statement of prophet and ignoring others and he did mention Afghanistan as only example and mention nothing about Sadah, shiat, or any related issue[181].آ This give strong indication that when this figure address some thing in general, he had nothing to say about Houthi although this lecture was during Sada’s war, so this mean there was nothing deserve to be mentioned about believed Youth and their ideology.
- President in July 2004 assigned new committee to convince Houthi to hand over him self and the most surprising thing of this is that President included the second person in UPP (Mohamed Abdulmalek Almotaokel ,and the first person in Alhaq party (Ahmed Alshami)[182]آ two of them in which the president later accused that Houthi to be a military wing for these parties. So how he assigned them while he knew that they are involved?!. More over Dr Almotokol is the same person who the president later used his media interview as a BIG evidence of involvement of foreign power. So why the assigned people to negotiation committee who later described them as inciters for violence. !!!
-Yemeni government accused Alhouthi that he is Ethna Ashry (being Shiat like Iran and Iraq)[183] this doesn’t constitute a crime, it is like the first accusation that Houthi is being supported by Jewish,آ such accusations is just to abuse the fanatical culture in Yemeni society that doesn’t like Jewish and Shiat Gafryah[184] (even Zidi them selves they don’t)
آ
Seventh, so what we can describe the campaigns?
Again I declared that the available information is not enough to conclude result in each concerning issues, it was said in Darfur report[185] that†in some instance individuals, including government officials, may commit acts with genocide intent. Whether this was the case in Darfur, however, is a determination that only a competent court can make on a case by case basis"[186] So if an international committee was not able although with each support of UN and international community and all available resources including visiting the concerned area, but still they were not able to determine in this issue and they left it to the court, so it is more worthy if this paper will not reach cut clear result in some dimensions.آ
آ
Part A- assessment of genocide
Incitement, attempt and conspiracy to commit genocide
The existence of the three elements:
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ First A protected group being targeted,
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ The targeted group is not all Zidis and is not All Hashemite because Hashemite and Zidis spread in different parts of Yemen[187] and the campaigns are just in one area (Saddah). But in the same time the targeting is part of the group (part of the Zidis and Hashemite,( Certainly the Believe Youths and the people who support them and even the supporters are usually belonging to either Hashimate or Zidid school ). So the targeted group was targeted because of being Zidi, Hashmate and active players against government. By other words the targeted group is mainly the Believe Youth, which is a cultural and educational and may be political organization, the member of the group belong to certain faith (Zidi Islamic school certainly a part of zidi that Hussien Alhouthi separated from Mother Zidi and established in 1990s ) and most of the followers are belonging to Hasimate race. It was said in Darfur’s report by international commission[188] that†the vast majority of the victims of all of these violations have been from, Fur, Zaghawa, Massalit, Jebel, Aranga and other so called African tribes" p2 para 5 . Also Commission on Darfur concluded that†and Second on the basis of subjective standard, of a protected group being targeted by the authors of criminal conduct†[189] So being four tribe doesn’t deny the existence of targeted group. article II of Convention on the Prevention and Punishment of the Crime of Genocide states†In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group†so targeting part of the group is still considering genocide.
آ
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Second Certain acts
It was said in Darfur report that†" the commission established that the Government of Sudan and the Janjaweed are responsible for serious violations of international human rights law and humanitarian law amounting to crimes under international law. In particular, the commission found that government forces and militias conducted indiscriminate attacks, including killing of civilians, torture, enforced disappearance, distraction of villages..., these acts……may amount to crimes against humanity"[190]آ Also it was said†" ... many people have been arrested and detained, and many have been held incommunicado for prolonged period and tortured. the vast majority of the victims of all of these violations have been fromâ€[191] Also it was said in Darfur report that “" while the commission didn't find a systematic a widespread pattern of these violations, it found credible evidence that rebel forces...., also are responsible for serious violations of international human rights law and humanitarian law which may amount to war crimes. In particular, these violations include cases of murder of civilians and pillage"
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ When we will return to event in Yemen, we will find that some similarity to Darfur, first 4,000 killed person (Yemeni prisedent said river of blood), over 500 destroyed homes and over 22 destroyed schools. More than 500 arrested person with out trails, some of them for more than two years. Torture to these detainees, burnning of books, targeting relgious scolars, indiscrimenate attacks and targeting civilains.
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Third intent to commit genocide
It was said in the Judgment of Nuremberg under the title persecution Jews “ A serious of discriminatory laws were passed which limited the offices and professions permitted to Jews, and restrictions were placed on their family life and their rights of citizenship…. burning and demolishing of synagogues, the looting of Jews business and the arrest of prominent Jewish authorized and the movement of Jews was restricted[192] ,
آ
If we will return to the case of Yemen we will found similarity, for example, a law was passed in 1960s that confiscated the real estate property of Hamed Aldeen fmily (a big Hashimai family[193]), also the members of Hashimate family that were ruling Yemen before 1962 (about 70) they couldn’t get Yemeni passport and they are not allowed to inter Yemen, so Saudi government asked Yemeni government (because they are living in Saudi) about their status. Yemeni government doesn’t consider them Yemenis and they said Saudi government could issue them Saudi passports[194] More over Zidis in Yemen were banned recently from calling pray according to their religion. Many High ranking zidis scholars were arrested.آ Some Zidid activist are restricted from moving to Saddah area such as Bader Aldeen Alhouthi.
More over There is discrimination by law for this group, there is a law of political parties and organizations[195] that bans establishing a party if its principles contradict republican system, this law ban these people and others who believe that the best way that Yemeni should live is in non republican system(such as Imam system)[196]. Especially there is a theory in Islamic school that believe that governor should be Hashemite, so why the law denies this group from practicing their religion. If Yemeni were convinced and select to live under system that is different than republican, why they should be ban from doing so.آ آ آ Such law in fact is contradicting religion and political rights. Also there is another law that was issued in 1963, this allow confiscated the real state of the all family of Hameed Aldeen (royal family before 1962). Another element is that the law that allows confisecating rea state of Hameed Aldeen family.
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ Also it was said in Nuremberg judgement that “ The German foreign office circular, in an article of 25th of January, 1939 entitled†Jews question as a factor in Germany foreign policy in the year 1938†described the new phase in the Nazi anti-Semitic policy in these wordsâ€آ آ it is certainly no coincidence that the fateful year 1938 has brought nearer the solution of the Jewish question simultaneously with realization of the idea of Greater Germany, since the Jewish policy was both the basis and consequence of the events of the year 1938. The advance made by Jewish influence and theآ destructive Jewish spirit in politics, economy and culture paralyzed the power and the will of the German people to rise again more perhaps even than the power policy opposition of the former enemy Allied powers of the first World War. The healing of this sickness, among the people was therefore certainly one of the most important requirement exerting the force which, in the year 1938, resulted in the joining together of Greater Germany in defiance of the worldâ€. [197]
If we will collect the Yemeni official media we will find that similarity of incitement and racists tone such as:
-An article in military news paper reminded people that Imam was killing people with out trails[198] this article was during a military campaign that there is a doubt it targets certain group, sosuch statement shows the intent of yemeni government and also it constitute kind of incitements because Imam was Hashemite and he was repressing regime. And again this is the official speaker of ministry of defense and in the same time it has strong ties to the president.
-26th of September, the military news paper, described Hashemite as guests and they are in Yemeni land temporarily[199] this was an official opening of the most official news paper in the country, I could understand it is hate tone if it is in a private media but in a military media and during a war, it shows the intenet of Yemeni government and it constitute an incitement for targeting this group.
-An article in military news paper by Hareth Alshokani declared that†Hashemite is the problem of Yemen during history; he described them as strangers came from Iran. He added they wear Islamic clothes but in fact they are evil. The editor said this religious school is dangerous, political, fake and racist[200]. What is the expected reactions from a solider who read his official news paper in a country that 35% of its population is ill-treated[201], there is high possibility thatآ آ the solider will think, since this group is dangerous and since it is the problem of the country during history, so why should the country suffer more!!آ
--In April the former prime minister and current secretary general of ruling party and in the same time current political consultant of President said†Houthi movement is a satanic tree and it is against 1000 years of Yemeni history[202]. this is a statement of a former prime minister so when the solider will read that this group is an evil group, so the soldiers may ask them selves, so why should this satanic tree continue.
So all this constitute incitement and showed intent to harm this religious and ethnic group, which may be considered the third element of genocide crime.
-Also the accusation forAlhouthi that he claimed to be a prophet because in Islam such thing is considered one of the biggest sin[203] so this will make people (in ignorant society) sustain from helping or sympathy with such person.آ
-Another indication about the intent of Yemeni government to committ genocide is the fact that since the beganing of the war that Yemeni army is leading the fight, and according to Yemeni laws, police is the instrument to handel local issues, yes it is true that in certain cases and by request of police (if they are not able to handel the case) it is allowed to use the army[204], but this would need declaring state of emergency and get approval from the parleliment which is not the case[205]. More over even when army interfer the leading is still in the hand of police, but it is obvious that the first statement was by the head of military area. More over all kind of heavey weopones were used in this war except the Navy (Sadah is not on the sea). All this may shows ditermenation to terminate the group.
-Fourth other supported elements that make the claim of genocide believable
-This Area (sadah) and these people ( Hashmate, Zidis)آ subjected to war crime during 1960s by Egyptian forces that used poisoned gas against formers Yemeni regime in favor of revolution makers. It was said about that†Egypt was the first Middle East country to develop and use chemical weapons. It did so effectively in its war with Yemen between 1962-67,"[206] and it is the first time in Yemen history such weapons to be used. There were many wars in Yemen that happened such as 1994, 1967, 1995 with Eritrea, 1995 with Saudi, 1979 with South Yemen,, just two times there were claims of using poisoned gas and prohibited weapons, in 1960s and in 2004, 2005. The first one (1960s) has proven it is correct, so why not the second could be especially it is the same area, the same people (Sadah is a very remote area). As Egyptian scholar Fahmi Houdi said (no body comments on the events so far). آ Yemen is not attracting any foreign or influencing power like what happened in Lebanon because of assassination of Alhareri that led Franc and the US to work through SC to investigate the case.
In this regard Richard Goldstone of South Africa, the Chief Prosecuotor of Yogeslavia tribunal said†I was asked why Security Council had established war crimes tribunal for Yogoslavia and had not done so in the case of Iraq or Combodia or any other equally serious conflic in Asia or Africa†he gave his answers that consist of 8 points, most of them are related to Media and politics[207]
--Yemeni president said in an interview with Aljazeera TV channel when he was taking about the role of Arabs in defending Palestinians†we as Arab leaders building strong armies and instead of send these armies to help Palestinians, we are using them to fight any opponent activities[208]
-- Yemeni government accused Alhouthi that he is Ethna Ashry (being Shiat like Iran and Iraq)[209] this is by itself is not a crime , but government shows that it doesn’t believe in freedom of religion, so it was enough from (according to government) to target these people because of being Shiat as the same type of Iraq). So targeting because of faith by admitting of Yemeni official in public newspaper. Yemeni constitution and international instrument that Yemen ratified confirmed the freedom of religion[210].
- Yemeni president describe Sadah’s events, as an Intefadah[211] Intefadah is a positive word in Arabic that means uprising against occupying power or bad regime.
-According to the head of dialogue committee Judge Alhitar, the dialogue was about (difference between Shiat Ethnaashryah and Zidiyah) why the dialogue contains the difference between Jafryah and Zidyah!!? Why it is a prob;em according to yemeni government that to belong to Gafryaiah faith!!?[212]. Why Government thinks this a reason to be discussed and what is the ideal solution according to government? To leave this school and return to Zidi?! This is against Yemeni constitution and international law (freedom of religion).
-The testimony of witness[213] that talk about pulling bodied on street after connecting them to the back of the military cars. In addition to the banning of medical treatment for wounded people of opponent group.آ
-Council of coordination of opponent parties declared in April 8th, 2005 that Sadah events needs an independent and impartial committee to investigate the case.[214]
-Zidi school is the most famous Islamic school that allow (or may be requires) fighting the oppressing regimes. So if this group is allowed to grow more and more this would constitute a threat for Yemeni president and his relatives, so this makes it believable to think president decided to terminate their movement earlier[215].
-Yemeni president issued amnesty for all his opponents and for former opponent of old regimes including the people who cause the general and major local war of 1994 that Yemen lost in it over 10,000 killed person and 30,000 wounded person and over $10 Billionآ financial loss[216], but President pardon them[217] But Yemeni president refused to issue amnesty for members of former regime (Hashemite) that were ruling Yemen before 1962, even their new born children are not allowed to enter Yemen, more over even their bodies are not allowed to be buried in Yemen. (they are the only group in Yemen that don’t benifet from any amnesty and suffering from gross violation which is being in their country) President forgive the recent criminals of 1994 but not for innocent persons that are just relatives of members of former regime of 1962.آ This gives strong indications of the targeting for this group and considering them a political threat.
-آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ آ -Hussein Alhouthi is the first and the ONLY Hashemite, Zidi opponent person who won a seat in parliament. This was in 1993. So four Hashemite parties couldn’t win any seat during, 1993, 1997, 2003 election except one seat of this person (Alhouthi), is it irony? Or some thing planned. Other evidences indicate it is a planned event. More over another key element to understand this case is to relaize the fact that tribes in Yemen has strong influnce and majority of Hashimate and zidis are civilans (doesn’t belong to fighters tribe) and Alhouthi is one of a few Hasimate that belong to fighting tribe[218].
آ
--The environment of the events make such assessment is true because Yemeni president is in power since 1978 and his son and relatives occupying high positions and there is a deep discussion about the possibility that son of president to inherit power[219], and there is a fact that Zidi and Hashemite were ruling for over 1000 years. And sadah is their center of the movement.آ Most opponents parties condiment the abuse of army in personal and family interest. More over the regional and international environment for example in Gulf countries, which is small and weak, (Saudi, Bahrain, Kuwait, Oman, Qatar and UAE) are concerned from the grow of Shiat, Shiat took power recently in a strong country which is Iraq[220]آ آ Shuiat are in power in another strong country which is Iran. More over shiat constitute more than 60% of Bahrain people and they are the main opponent power[221] (Bahrain king was the only foreigner figure to congratulate Yemeni president for ending the fight[222] ). Saudi Arabia starts to suffer from the grow of its Shiat[223], and by taking in account that the faith of Gulf countries is in clash with Shiat [224] So Gulf countries became surrounded from the East by Shiat of Iran, North, Shiat of Iraq, so existence of Shiat in the South (Yemen) will be another trouble. Especially Yemen tries to join the Gulf Organization for Cooperation and Yemen wants to show it self as a protector of Gulf after (as Iraq was doing so in 1980s). More over the time of the operations was right a way after returning of Yemeni prisedent from G8 summit I Georgia (US) which makes the operation to appear as part of war on terorrism, like what happened after the summit in DC between Yemeni prisedent and US prisedent in November 2001[225].
- Yemeni president in mid September to declare amnesty for Houth’s father and give him the right to live any where in Yemen[226] (the tone of the declaring news give the impression that the President is a generous man, he gave this person the security to travel where he wants, this is an essential right for any human being to move where he wants not a gift by a governor. To make this clear we will mention the news of the military news paper “Houthi left Sanaa suddenly in March 11 â€[227] so they said he left suddenly, how he should leave?!!, should he ask a permission?!! This shows how Yemeni government looks to its authority and the rights of people.
آ
آ
Part B War crime
Since the acts that reported include destroying mosques[228], targeting religious leaders, and prohibiting practicing certain religious activities. Restricting medical relief, banning humanitarian aid, targeting civilians, burning religious books, taking hostages, banning water all that may constitute a war crime according to Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) that states
آ
آ
Conclusion
According to the information demonstrated and the assessment, I concluded the following:
-It is not enough to conclude cut clear result depending on the recourses of this paper[229]but we will try to make conclusion based on avalibe information.:
آ -There are serious reasons that make the claime that Yemeni army commits war crimes belivable.
آ -There is a well founded ground to DOUBT that Yemeni prisedent makes conspiracy to commit genocide against Believed Youth which may amount to crime punished under international law. As of the direct and public incitement to commit genocide against Believed Youth group, it is much likely to be belivable
آ
آ
Recommendations
-Since there is weak judicial institutions in the country, and since there is confirmation that very rare trails were held for official accused of abusing human rights. So Yemeni judicial institutions are not qualified to investigate these conclusions, and since regional organizations, Arab States league and Organizations of Islamic conference had no jurisdiction or precedence to investigate such events[230], so the only choice would by International organization especially UN and certainly Security Council, which should send an independent committee or truth commission to investigate the case and recommend the appropriate solutions.
- in order to diffuse the environment and to insure that no crime will be commit any more and to prevent cleaning the theater of the crimes, involved governmental figured should be frozen from practicing any authority in this conflict especially, Leader of military area Brigadier Ali Mohsen Alahmer (president’s cousin) Marshal AbdulAziz Aldhahab the front commander, Brigadier Alwash, manager of security forces of sadah, Brigadier Al Amary, Governor of sadah. Brigadier Ali Hasen Alshater, Chief Editor of 26th of September military news paper. Until truth commission come and reach their conclusion.
-Any Yemeni bodies that involve in the case such as (judicial institutions, union of religious scholars, and committee of dialogue) should not be given any authority because it proves it is not effect and it is not just.آ
-Allowing international and regional organization to visit the area
- providing immediate aid to the area.
-considering the Yemeni president part in the problem and dealing with him accordingly certainly invistgate .
-Compensating the victims of the military operations and releasing prisoners or send them before courts.
-Amending the law of political parties and organization that allow any party to be established even if the idea of this organization or party is to change republican regime, since the party will try to achieve its vision through convincing people and through elections and referendum. And oblishing the law that allowed confisecating real state of Hameed Aldeen family and allow them to return their country and enjoy their rights as citizens.
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[1] This paper was submitted for Professor Douglas Cassel, course of International Criminal law at North western university, LLM program in international human rights law.
[2] See http://www.alwasat-ye.net/visited may 20 2005.
[3] See article about that at http://www.al-tagheer.net/news/modules. ... e&sid=410آ visited May 1st 2005.
[4] See http://www.aljazeera.net/News/Templates ... INT=Guestآ visited may 1st 2005.
[5] See http://www.undp.org.ye/آ آ visited may 23, 2005.
[6] Collective of http://www.state.gov/g/drl/rls/hrrpt/2004/41736.htmآ visited at May, 1st, 2005, CIA fact book at http://www.cia.gov/cia/publications/fac ... os/ym.html visited May, 1st, 2005 , Yemeni constitution that was subjected to referendum in 1990 and were amended twice one in 1994 and other in 2001, and Amnesty international web at http://ara.amnesty.org/library/ara-rece ... &start=60آ visited may, 1st 2005.آ and the Arab human rights organization website at http://www.aohronline.com/arabic/data/A ... ٹظ…ظ†ظٹط©آ visited May, 1st, 2005.
[7]آ Almosoah Almysarah fey Aldyan walmathaheb Almoserah, 1993. Also see http://mb-soft.com/believe/txo/shiites.htmآ visited May1st 2005.
[8] http://www.state.gov/g/drl/rls/irf/2004/35512.htmآ آ visited may1st 2005.
[9] See p178-208, Mohamed ABufars, the political system in Islam, (1986)
[10] Hashimate family is the family that belongs to prophet especially through Ali who was the son in law of the Prophet and Prophet’s cousin.
[11] Balagh news paper thinks they are ( 20% ) see albalgh.net visited April, 20th 2005
[12] see Abdulrahman Alshogaa, history of Yemen in Islam, (1999)
[13] See his resume at Mohamed Alshowafi, history of Imam AlHaddi, Master thesis (1992)
[14] The official text book of grade eighth which called national history. 1988.
[15] This called the war or the sanction of 70 days because Sanaa was surrounded by Hashemite troops.
[16] Mohamed Hasaneen Hekel, Sanaoat Alghalyan, war of 1967 (1992) p76
[17] An interview with former prime minister of Yemen Mohsen Aleni in Almanar TV in 2002.
[18] Friend of mine who is working as judge assistant is refusing to be called by his family name until now and after 43 years of revolution.آ
[19] See Yemeni constitution of 1990 and it amendments in 1994 and in 2001.
[20] see http://www.al-shoura.net/آ آ visited May 9, 2005
[21] http://www.ray-yem.com/
[22] see us department of the state human rights report about Yemen in 2004, the introduction
[23] P28 Abdulmaliek Alteeb, Altaryhk yatklam, 1991.
[24] See human rights watch report about this war at http://store.yahoo.com/hrwpubs/yem.html visited may 19,2005
[25] see the speech of Yemeni president about their roles at http://www.26sep.net/narticle.php?sid=6747 visited May 2205
[26] Mohamed Almekhlafi, enhyar dolat almosasat fy alyemen, p34 and later, 1998.
[27] See his resign letter at Alomah news paper, issue of August 7th 1998.
[28] See the welcoming at issue of September2nd 1997.
[29] See Alomah news paper, January, 2003.
[30] Information was got from UNOHR home page visited May, 1st 2005.آ
[31] See http://www.icc-cpi.int/php/show.php?page=region&id=4آ visited May 1st 2005.
[32] At http://www.state.gov/g/drl/rls/hrrpt/2003/27942.htmآ visited may1st 2005. also at http://web.amnesty.org/report2003/Yem-summary-engآ visiteedMay1st 2005. and http://www.aohronline.com/arabic/data/A ... ٹظ…ظ†ظٹط©آ آ visited may 1st 2005.
[33] At http://web.amnesty.org/report2003/Yem-summary-engآ visited May 12 2005
[34] at http://www.aohronline.com/arabic/data/A ... ٹظ…ظ†ظٹط©آ visited may 11 2005
[35] International Religious Freedom Report 2003
Released by the Bureau of Democracy, Human Rights and Labor at http://www.state.gov/g/drl/rls/irf/2003/24466.htmآ آ visited May1st 2005.
[36] Most of the recourses in the government story is from the website of the weekly governmental news paper 26th of September that is the official speaker of ministry of defense and it has strong ties to president. Its website isآ http://www.26sep.netآ آ
[37] See http://www.26sep.net/newsweekarticle.php?sid=10194 visited may 19 2005
[38] see for example http://www.alwahdawi.net/آ آ visited May, 2005
[39] see http://www.aljazeera.net/News/Templates ... 8C3-9E77-آ 4ABE9A0F206C.htm&FRAMELESS=false&NRNODEGUID={664F12AE-3890-48C3-9E77-4ABE9A0F206C}&NRCACHEHINT=Guestآ آ visited may 1st 2005.
[40] Almahdi Almontader is an idea in Islam that some Muslim will come (in the end of the time when bad people will fill the earth pain) to facilitate the return of Jesus and almost al Muslims believe in that although they disagree on the details.
[41] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ visited may 23, 2005.
[42] See Adel Aldhahab, why Yemenis go to fight in Afganistan, unpublished paper that was given as a lecture for Allen and Overy team attorneys by occasion of defending 13 Yemenis detainees in Gountanamo (2004) p 2
[43] http://www.26sep.net/newsweekarticle.php?sid=10672آ visited may 15 2005
[44] http://www.26sep.net/newsweekarticle.php?sid=10536آ visited may 16.2005
آ
[45] http://www.26sep.net/newsweekarticle.php?sid=10902آ visited may, 15, 20005
[46] http://www.26sep.net/newsweekarticle.php?sid=11065 visited may, 15, 20005
[47] http://www.26sep.net/newsweekarticle.php?sid=11047آ visited may 15 2005.
[48] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ visited May 23, 2005.
[49] http://www.26sep.net/newsweekarticle.php?sid=11188 visited may 15, 2005.
[50] http://www.26sep.net/newsweekarticle.php?sid=10932آ آ آ visited May 18, 2005.
[51] http://www.26sep.net/newsweekarticle.php?sid=11741 visited may 2005
[52] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ visited May 23, 2005.
[53] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ visited may 23, 2005.
[54] http://www.26sep.net/newsweekarticle.php?sid=11740آ آ visited may 15, 2005
[55] http://www.26sep.net/newsweekarticle.php?sid=11717 visited may 15 2005
[56] http://www.26sep.net/newsweekarticle.php?sid=15538آ visited may 15, 2005.
[57] http://www.26sep.net/newsweekarticle.php?sid=15537آ visited may 2005. and fact can be get from such statement is that interring president in every details, so it is not dispute between government and some body but it is a dispute between President and Alhouthi.
[58] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ visited May 20, 2005.
[59] http://www.26sep.net/newsweekarticle.php?sid=15532 visited May 2005
[60] http://www.26sep.net/newsweekarticle.php?sid=19038آ visited may 2005.
[61] http://www.al-shoura.net/?id=ufmbubn631آ آ آ visited, May 14 2005
[62] http://www.26sep.net/newsweekarticle.php?sid=19148آ آ visited may 2005.
[63] http://www.26sep.net/newsweekarticle.php?sid=19153 visited may 2005.
[64] http://www.26sep.net/newsweekarticle.php?sid=19285 visited may 2005.
[65] http://www.26sep.net/newsweekarticle.php?sid=19416 visited may 2005.
[66]http://www.26sep.net/newsweekarticle.php?sid=19536 visited may 2005.آ
[67] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ آ visited may 22, 2005
[68] http://www.26sep.net/newsweekarticle.php?sid=19524 visited may 2005.
[69] http://www.26sep.net/newsweekarticle.php?sid=19641 visited may 2005.
[70] http://www.26sep.net/newsweekarticle.php?sid=19717 visited may 2005
[71] http://www.26sep.net/newsweekarticle.php?sid=19906آ visited may 2005
[72] See http://www.26sep.net/narticle.php?sid=6784آ visited may 17 2005.
[73] See http://www.26sep.net/narticle.php?sid=6852آ visited may 18 2005.
[74] http://www.26sep.net/narticle.php?sid=6852آ آ آ visited may 15,2005.
[75] http://www.26sep.net/narticle.php?sid=6852آ visited May 15,2005.
[76] http://www.alqabas.com.kw/news_details. ... „طظˆط«ظٹآ آ آ visited May 22,2005.
[77] http://www.26sep.net/newsweekarticle.php?sid=19167آ آ visited may 21, 2005.
[78] See http://www.26sep.net/narticle.php?sid=6747آ visited may 17 2005.
[79] See http://www.26sep.net/narticle.php?sid=6747آ آ visited may 17, 2005.
[80] http://www.26sep.net/narticle.php?sid=6747آ آ visited may 17 2005.
[81] http://www.26sep.net/narticle.php?sid=6747آ آ visited may 2005.
[82] At http://www.26sep.net/narticle.php?sid=6784آ visited may 16 2005.
آ
[83] http://us.f528.mail.yahoo.com/ym/login? ... 4okl8adr4آ visited may 16 2005.
[84] http://us.f528.mail.yahoo.com/ym/login? ... gkjmrvv04آ visited may 17, 2005.
[85] This was in April 5, 2005 seehttp://www.alquds.co.uk/index.asp?fname=2005\0 ... ظˆط«ظٹfffآ آ آ Visted May, 15, 2005.
[86] See http://www.aljazeera.net/News/Templates ... INT=Guestآ آ آ visited June, 14, 2005.
آ
[87] http://www.alquds.co.uk/index.asp?fname ... ط¬ظٹط©fffآ آ آ آ آ آ visited may 15, 2005.
[88] http://www.alquds.co.uk/index.asp?fname ... ط¯ظٹط©fffآ آ آ visited May 21, 2005.
[89] http://www.alwasat-ye.net/modules.php?n ... e&sid=622آ visited May 22, 2005
[90] http://us.f528.mail.yahoo.com/ym/login? ... ogkjmrvv04 visited may 17, 2005.
[91] http://www.al-shoura.net/?id=ufmbubn609آ آ visited may, 2005
[92] http://www.al-shoura.net/?id=ufmbubn736آ visited May 14, 2005.
[93] See the interview at http://www.nasspress.com/sub_detail.asp?s_no=137آ آ آ visited may 18 2005
[94] http://www.al-shoura.net/?id=ufmbubn&ID3=11visited May 18, 2005.
[95]http://www.al-shoura.net/?id=ufmbubn&ID3=11آ visited may 17.2005
[96] See http://www.newsyemen.net/show_details.a ... 5_18_5370آ visited May 18, 2005.
[97] See See http://www.newsyemen.net/show_details.a ... 5_18_5370آ Visited May 2005.
[98] See http://web.amnesty.org/report2005/yem-summary-engآ visited June, 10th, 2005.
[99] http://us.f528.mail.yahoo.com/ym/login? ... o1mhsrldds visited may 14 2005.
[100] http://www.alqabas.com.kw/news_details. ... „طظˆط«ظٹآ آ آ visited may 22, 2005.
[101] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ visited may 23, 2005.
[102] http://hdr.undp.org/reports/view_report ... 0&theme=0آ آ visited may 22, 2005.
[103] http://www.asharqalawsat.com/leader.asp ... tate=trueآ visited may, 14, 2005.
[104] Fars Alsaqaf response to article of Fahmi Hoediin 26th of Sep
[105] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ آ آ visited May 22, 2005.
[106] Salfyah movement is one of the conservative Islamic school that exist in Saudi
[107] http://www.alkhaleej.ae/articles/show_a ... al=160582آ آ آ visited May 22, 2005.
[108] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ visited may 22, 2005.
آ
[110] http://www.26sep.net/newsweekarticle.php?sid=19532 visited may 2005.
[111] (Reply of Hozat declaration in Althoura news paper issue No 14787[111])
[112] http://www.al-shoura.net/?id=ufmbubn657آ آ visited, May 12, 2005.
[113] http://www.ifj.org/default.asp?index=2683&Language=ENآ آ آ visited may 14 2005.
[114] http://www.26sep.net/newsweekarticle.php?sid=20059آ visited may 2005
[115] they are Islah party, the main opponent, UPP, Alhaq, Albaath, Alwahdwai, and social party.
[116] http://us.f528.mail.yahoo.com/ym/login? ... gkjmrvv04آ visited May, 20, 2005
[117] http://www.alkhaleej.ae/articles/show_a ... al=166797آ آ visited may 22, 2005.
[118] http://www.alwahdawi.net/details.asp?id=2040آ visited May 16, 2005.
[119] http://www.alquds.co.uk/index.asp?fname ... ط¸ط§طھfffآ آ visited may 22, 2005.
[120] See http://www.al-tagheer.net/news/modules. ... le&sid=410 visited may 17 2005.
[121] See http://us.f528.mail.yahoo.com/ym/login? ... gkjmrvv04آ visited may 18 2005.
[122] A negative word to address a person instead of calling his name kind of unwilling to call his name.
[123] See his article at http://us.f528.mail.yahoo.com/ym/login? ... gkjmrvv04آ visited at may 17, 2005.
[124] See it at http://us.f528.mail.yahoo.com/ym/login? ... gkjmrvv04آ آ visited in may 18, 2005.
[125] http://us.f528.mail.yahoo.com/ym/login? ... o1mhsrldds visited may 16, 2005
[126] http://us.f528.mail.yahoo.com/ym/login? ... 1mhsrlddsآ visited may 16,2005.
[127] http://us.f528.mail.yahoo.com/ym/login? ... 1mhsrlddsآ visited may 15, 2005.
[128] http://www.alwahdawi.net/details.asp?id=2042آ آ آ visited may 18, 2005.
[129] http://www.alwahdawi.net/details.asp?id=2042آ آ visited may 19 2005 .
[130] http://www.alkhaleej.ae/articles/show_a ... al=162225آ visited may 22, 2005.
[131] http://www.asharqalawsat.com/details.as ... tate=trueآ آ visited May 22, 2005.
[132] http://www.alwasat-ye.net/modules.php?n ... le&sid=512 آ visited may 22, 2005.
[133] http://www.alwasat-ye.net/modules.php?n ... e&sid=512آ آ visited may 22, 2005.
[134] It is kind of degrading the body of the killed person it called in Arabic (sahhl)
[135] http://www.ohchr.org/english/law/cerd.htmآ آ visited April 20, 2005
[136] p32, Mohamed Alwan, International human rights law, 1997.
[137] see http://www.unhchr.ch/html/menu3/b/treaty1gen.htmآ visited june, 2nd, 2005.
آ
[138] South Yemen in April, 1989 acceded article IX that talks about the jursidection of ICJ in case of dispute with other State. See http://www.unhchr.ch/html/menu3/b/treaty1gen.htmآ آ visited June,14, 2005
آ
[139] Entry into force: 12 January 1951, in accordance with article XIIIآ see http://www.ohchr.org/english/law/genocide.htmآ آ visited May 1st 2005.
[140] p23, Rebecca, Wallace, International Law 2002.
[141] see http://www.un.org/law/ilc/texts/nurnberg.htm visited june, 7th, 2005.
[142]P66 Ian Brownife, princibles of International law, 1998
[143] p23, Rebecca, Wallace, International Law 2002.
[144] Adopted by Security Council resolution 827 (1993) of 25 May 1993
Amended by Security Council resolutions 1166 (1998) of 13 May 1998, 1329 (2000) of 30 November 2000, 1411 (2002) of 17 May 2002 and1431 (2002) of 14 August 2002آ .see http://www.ohchr.org/english/law/itfy.htmآ آ visited may 12, 2005.آ see also
Statute of the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law Committed in the Territory of Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations Committed in the Territory of Neighbouring States, between 1 January 1994 and 31 December 1994
آ
آ
[145] see p12 of this paper.
[146] p23, Rebecca Wallace, International law, 2002.
[147] See http://www.amnestyusa.org/icc/index.doآ visited June, 15, 2005.
[148] See p228, Rebecca Wallace, International law, 2002.
[149] Entry into force: 1 July 2002, in accordance with article 126 see http://www.ohchr.org/english/law/criminalcourt.htmآ visited may 2nd 2005
آ
[150] see http://www.icrc.org/Web/eng/siteeng0.ns ... %20ENG.pdf
visited June, 12, 2005.
[151] Adopted on 8 June 1977 by the Diplomatic Conference on the Reaffirmation and Development of International Humanitarian Law applicable in Armed Conflicts Entry into force: 7 December 1978, in accordance with Article 23
آ
[152] any information will be mentioned here will not be cited again, since it was mentioned in any party story earlier.
[153] See us department of the states human rights reports of 2004. and amnesty international.
[154] See Adel alDhahab, reform in the Arab world, May 2005 appendix.
[155] See last references, appendex.
[156] See Yemeni criminal law
[157] As Alhakemi asses, see third parties story.
[158] See chapter of human rights situation in Yemen that was mentioned earlier
[159] http://www.asharqalawsat.com/details.as ... state=true visited may, 21st 2005
[160] See their statement at http://www.26sep.net/newsweekarticle.php?sid=20059آ visited may 2005
[161] See the article of Fahmi Hoedi, the Egyptian scholar at http://www.asharqalawsat.com/leader.asp ... tate=trueآ آ visited May 22, 2005.
[162] See for example US department of the states human rights report of 2004.
[163] Its declarations were mention in their parts stories.
[164] See us department of the states human rights reports of 2004
[165] See for example human rights reports of UD DS of 2000.
[166] For example all media statement comes from him not from other members. See third parties sorties.
[167] See almethaq news paper of April, 23, 2003.
[168] See law of 1991 of the judicial authority.
[169] See for example his statement to 26th of September at http://www.26sep.net/newsweekarchive.phpآ آ visited May 22nd, 2005.
[170] Committee statement is in the third part stories.
[171] See us department of the states human rights reports of 2004
[172] p94, 2000
[173] http://www.alkhaleej.ae/articles/show_a ... al=162225آ visited may 22, 2005.
[174] http://www.asharqalawsat.com/details.as ... tate=trueآ آ visited May 22, 2005.
[175] http://www.26sep.net/newsweekarticle.php?sid=15538آ visited may 15, 2005.
[176] See the interview in the resources that president did mention at Annasآ http://www.nasspress.com/sub_detail.asp?s_no=137آ visited May 20,2005.
[177] He is a human rights activist on the regional level, see www.aohr.org
[178] see the interview at http://www.al-shoura.net/?id=rmbubn1316آ visited May, 15, 2005
[179] http://www.26sep.net/newsweekarticle.php?sid=10932آ visited june, 9, 2005.
[180] Jafryah or Ethna Ashryah, were very few in Yemen but they increased because of the waves of Iraqis residents in Yemen after Gulf war 1991.
[181] http://www.26sep.net/newsweekarticle.php?sid=19397 visited may 2005.
[182] http://www.26sep.net/newsweekarticle.php?sid=11188 visited may 15, 2005.
[183] آ http://www.26sep.net/newsweekarchive.php آ آ visited may 15,2005.
[184] Adel Aldhahab, why Yemenis went to fight in Afganistan, unpublished paper, it was delivered in December 2004 for group of lawyers that defending group of Yemeni detainees at Gountanamo.
[185] report of international commission of inquiry on Darfur to the United Nations Security Council, Geneva, 25 of January, 2005)
آ
[186] P3 para 4
[187] http://www.al-shoura.net/?id=usmbubn366 visited may 19, 2005.
[188] )(report of international commission of inquiry on Darfur to the United Nations Security Council, Geneva, 25 of January, 2005)
آ
[189] p3 of the report paragraph 4
[190] p2 para 2 of the report
[191] p2 para 5
[192] p22 judgment of the international military tribunal at Nuremberg, Germany 1946
[193] See the official gazette of Yemen, ministry of legal affaires, a group of laws that passed in Yemen since independence. P 443.
[194] See Alwahdwai, issue of November 2000.
[195] It is a law that was issued in 1990.
[196] Return to the chapter that talks about Zidi Islamic school in this paper.
[197] P22-23 Nuremberg judgment
[198] http://www.26sep.net/newsweekarticle.php?sid=11172 visited May 15 2005
[199] http://www.26sep.net/newsweekarchive.php visited May 15,2005.
[200] http://www.26sep.net/newsweekarticle.php?sid=19524 visited may 2005.
[201] See http://www.undp.org.ye/آ visited June, 9, 2005.
[202] http://www.asharqalawsat.com/details.as ... tate=trueآ آ آ آ آ visited may 22, 2005
[203] It was mentioned in Quran that the most opressing one is the one who claim some thing on behave of Allah.
[204] See article 36 of Yemeni constituation and law of police.
[205] See article 121 of Yemeni constituation.
[206] http://www.freerepublic.com/focus/f-news/1039021/postsآ آ آ آ visited may, 23, 2005.
[207] See his book, For humanity, reflections of a war crimes invistgator, 2000 p 78, 79
[208] See the interview at Aljazeera chanal, October 2000.
[209] http://www.26sep.net/narticle.php?sid=6852آ آ آ visited may 15,2005.
[210] See article 8 of Yemeni constitution.آ
[211] http://www.asharqalawsat.com/details.as ... state=true visited May 19, 2005.
[212] Jafryah or Ethna Ashryah, were very few in Yemen but they increased because of the waves of Iraqis residents in Yemen after Gulf war 1991.
[213] Return this chapter. .
[214] http://www.alquds.co.uk/index.asp?fname ... ط¹ط¯ط©fffآ visited May 22, 2005.
[215] See thesis of Dr Farwan, theآ principle of fighting the ruler in Islamic schools, 1998.آ P20 and afterآ
[216] www.undp.org.ye/آ visited june, 8, 2005.
[217] His last pardon was in March 2003, see the official gazette of Yemen that issued by ministry of legal affairs, p 26.
[218] See US department repoprt about human rights in Yemen in 2004.
[219] See Adel Aldhahab, Obstacles of reform in the Arab world, unpublished thesis, p 32
[220] they got 47% of the result of 2005 election.
[221] See amnesty international report about Bahrain in 2004.
[222] http://www.26sep.net/newsweekarticle.php?sid=15534 visited may 14, 2005.
[223] See human rights report of Saudi certainly the rights of this minority.
[224] They caled salfyah and they had strong misunderstanding with each other.
[225] By that time right a way Yemeni army attacked a village that where some Alqadda were hiding there.
[226] http://www.26sep.net/newsweekarticle.php?sid=15537آ visited may 2005.
[227] http://www.26sep.net/newsweekarticle.php?sid=19416 visited may 2005.
[228] Which I found believable because of his governmental high position and his punishment for his articles and because of being non Zidi and non Hashimate
[229] Richard Goldstone, the Chief Prosecuoter of Yogeslavia tribunal said he needed to serach CIA document and many other resourses, and UN reports and others were not enough, see his book For humanity, reflections of war crimes invistgator, 2000, p56.
[230] We can use here Darfor crisis as an example for failure of regional organizations. SC only the one who was able to handle the issue.