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.