Yemen civil war: MPs demand inquiry into suspected breaches of international humanitarian law by both sides

UK arms sales to Saudi Arabia, which amounted to nearly £3bn in the past year, are under investigation by the influential Arms Export Control Committee

Flames rise from the ruins of a building destroyed by a Saudi air strike in Sanaa, Yemen, earlier this year (Getty)

MPs have called for an “immediate and independent” investigation into suspected breaches of International Humanitarian Law (IHL) by both sides during the Saudi-led intervention in Yemen’s civil war.

A damning UN report in January accused the Saudi-led coalition of “widespread and systematic” attacks on civilian targets during the year-old intervention, which has caused thousands of deaths and led to the displacement of nearly three million people.

The International Development Committee (IDC) said that an on-going unilateral investigation into air strikes alleged to have targeted civilians, led by Saudi Arabia itself, was contrary to a “longstanding principle of the rule of law” that the party being investigated should not do the investigating.

However, the UK government, which is one of Saudi Arabia’s main arms suppliers, repeated its backing for the Saudi-led investigation.

UK arms sales to Saudi Arabia, which amounted to nearly £3bn in the past year, are also under investigation by influential House of Commons Arms Export Control Committee (CAEC). Labour has called for arms sales to be suspended until a full investigation can be carried out and the IDC said the CAEC should consider such a recommendation in its final report.

Yemeni women pass graffiti in support of peace in the war-affected country (EPA)

In their report, the IDC praised the Government’s £85m contribution to the humanitarian aid effort in Yemen, but said that more needed to be done to help the UN reach its target of reaching 13 million people in need in the country.

However, it was critical of the Government’s decision to accept assurances from the regime in Riyadh over its own investigation of potential violations of IHL. The report said that evidence from humanitarian organisations and the UN was unanimous that attacks on civilians were making relief efforts more difficult.

“In light of the very strong evidence that delivery of humanitarian relief is undermined by ongoing breaches of IHL, we recommend that an independent investigation into alleged violations of IHL by both sides of the conflict in Yemen is conducted without delay,” their report said. “We remain unconvinced that Saudi Arabia is best placed to conduct investigations into reports of IHL abuses by the Saudi-led Coalition. As we stated when we wrote to the Secretary of State for International Development in February 2016, it is a longstanding principle of the rule of law that inquiries should be independent of those being investigated.”

In a letter to the committee, Foreign Secretary, Philip Hammond, said he was not opposed to an independent investigation but that “first and foremost” the Government wanted to see Riyadh investigate the claims against it.

A Foreign and Commonwealth Office spokesperson said it was the norm for combatants to investigate claims of IHL breaches made against them, citing the US investigation into the attack on an MSF medical facility in Afghanistan last year.

However, there are growing signs of frustration among ministers at the slow pace of the Saudi investigation. Middle East minister, Tobias Ellwood, said last week that their inquiry had been “frustratingly slow”.

The UK is not only a major arms exporter to Saudi Arabia, it also has military officers in the country providing support to the Saudi military. Defence Minister, Philip Dunne, revealed last week that British officers have even been given access to the Saudi Arabia’s post-bombing reports.

Mr Hammond stated that the Government has “looked at every allegation of breach of international humanitarian law, and… found no evidence of breach of international humanitarian law.“

Chair of the International Development Committee, Stephen Twigg, said that ministers “must continue to apply pressure on all parties to the conflict to agree to the next round of peace talks and ensure they are inclusive and represent the needs of the Yemeni population.”

A Government spokeswoman said: “We encourage all sides to the conflict in Yemen to conduct thorough and conclusive investigations into all alleged breaches of International Humanitarian Law. Following the standards we set ourselves and our allies, we believe it is most effective for the Saudi Arabian authorities to carry out investigations where they are alleged to have breached IHL. We encourage them to continue and complete this process in good time.”