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SAUDI WAR AND IRAN PROPAGANDA AMIDST YEMENI CRY FOR HUMANITARIAN LAW
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SAUDI’S WAR AND IRAN'S PROPAGANDA
AMIDST YEMENI CRY FOR HUMANITARIAN LAW
AUTHORED BY - KARTIK SRIVASTAVA
Abstract –
from the very long time the middle
east has been known for international conflict and disputes .yemen crisis which
is considered as one of the biggest dispute that assisted in middle east was
not caused because of domestic players but it causes because of the involvement
of regional and transregional forces such as saudi arabia ,and united arab emirates the main aim of the
research paper is to analyze in detail the yemen crisis and to find out the
reason for such international dispute . The paper would also try to find out
the role of foreign players in the Yemen dispute with respect to humanitarian
laws . The paper would discuss in detail the provisions and laws that were
being violated by the member states during the war . The broader framework of
the research is focussed on the legal legitimacy of Iran and Saudi Arabia
actions in the Yemen crisis .
Research question
? What are the political and economic
causes that lead to the Yemen crisis ?
? What are the roles played by Saudi
Arabia and Iran in the Yemen crisis?
?
How
saudi arabia break the rules of international humanitarian laws by interfering in yemen dispute
Hypothesis-
Saudi Arabia intervention in Yemen
lead to major violation of international law principles. According to the
hypothesis, the Yemen crisis is a complex and multifaceted conflict fueled by a
mix of internal political and economic challenges, regional rivalries, and
external interests. Any efforts to address the crisis must take into account
these complex factors and involve sustained international engagement.
Introduction
Yemen crisis a historical background
Yemen civil war began in 2014 when
Houthi insurgents who had the history of rising up against the sunnis attacked
yemen and took control of yemen capitals . Sanas, the largest city of Yemen,
was captured by the insurgents and then they demanded lower fuel prices and a
new government .When the negotiations between the group and the government
failed , rebels seized the presidential palace and forced Abdrabbuh Mansu the president of yemen
to resign. In the beginning of 2015 the gulf states along with saudi arabia
launched a tactical operation against the houthi insurgents . The operation includes multiple air strikes in
their territory and all this operation was done with the help of logistical and intelligence support from the United states of america . Hadi after the
resignation left Yemen and later returned to Aden in 2015 . The UN effort to
maintain peace in the territory took a back seat in summer 2016 . Later in july
2016 the houthis insurgents and the former president ali abdullah saleh decided
to come together and formed a political council to govern sana and yemen .
later in 2017 salleh separated with the houtis and he urged his follower to
take arm and revolt against houthis . saleh was killed and his full force was
defeated within 2 days . The intervention of many regional powers including
Iran and gulf states which was led by Saudi Arabia has led to the division of
sunni and Shia in Yemen . The intervention made the situation in Yemen worse .
Many weapons shipments were blocked by Saudi Arabia in the gulf of aden and in
response to this Iran supported the yemen by dispatching more naval convoys
which further scaled the military tensions .
Major humanitarian problems
The conflict in Yemen has led to big human rights
violations . The country is marked as
the country which suffered the worst humanitarian crisis . The UN estimates
that a total of 1310000 deaths took place in Yemen not because of direct war
but because of indirect causes like food insecurity , lack of health services .
There were about 25 million yemeni who
were in dire need of assistance but unfortunately no help was able to be
reached to them . more than 5 million were
affected because of famine and a cholera outbreak has affected more than
1 million people . all these incidents are being known for violating human
rights.
Root causes of yemen crisis : what
factors triggered
the civil war in yemen
The Yemeni Civil War in 2014 was a complex conflict with
various factors and actors involved. However, some of the root causes of the
conflict are:
1.
Political instability: Yemen had been facing political instability for several
years, and the situation worsened after the Arab Spring protests in 2011. The
government's response to the protests, corruption, and economic struggles were
some of the reasons that led to political instability.
2.
Sectarianism:
Yemen has a history of sectarian tensions, particularly between the Zaidi
Shiite Muslim minority and the Sunni Muslim majority. This divide was exploited
by various actors, leading to increased sectarianism and violence.
3.
Economic challenges: Yemen is one of the poorest countries in the Middle East, and the
economy was struggling due to corruption, unemployment, and lack of resources.
4.
Houthi insurgency: The Houthi rebel group had been fighting the Yemeni government for many
years. The group gained momentum in 2014 and took control of the capital city,
Sana'a, in September 2014. This led to the collapse of the government, which
triggered the civil war.
5.
Regional rivalries: The conflict in Yemen was also fueled by regional rivalries, particularly
between Saudi Arabia and Iran. Saudi Arabia, a Sunni-majority country, saw the
Houthis as an Iranian-backed Shia group, and they intervened in the conflict to
prevent Iran from gaining influence in Yemen.
These factors, among others,
contributed to the outbreak of the Yemeni Civil War in 2014. The conflict has
continued for years and has resulted in a humanitarian crisis, with millions of
people facing starvation and displacement[1].
What are the political,economic and social factors
that led to yemen crisis
The roots of the crisis in Yemen are complex and
multifaceted, with political, social, economic, and regional factors
contributing to the ongoing conflict.
- Political
Factors: Yemen has a history of political instability, with
frequent changes of leadership and a lack of effective governance. The
current conflict began in 2014 when Houthi rebels overthrew the government
of President Abdrabbuh Mansur Hadi, who fled to Saudi Arabia. This sparked
a coalition-led military intervention by Saudi Arabia and its allies, who
sought to restore Hadi's government[2].
- Economic
Factors: Yemen is one of the poorest countries in the Arab world,
with a weak economy and high levels of poverty. The conflict has further devastated
the country's already weak infrastructure, leading to a collapse in basic
services like healthcare, water, and electricity. This has created a
humanitarian crisis, with millions of Yemenis in need of aid and facing
food and water shortages.
- Social
Factors: Yemen is a deeply divided society, with a complex mix
of tribal, religious, and regional affiliations. The conflict has
exacerbated these divisions, pitting different groups against each other
and leading to a breakdown in social cohesion[3].
The situation has also created a refugee crisis, with thousands of Yemenis
fleeing to neighboring countries to escape the violence.
- Regional
Factors: The conflict in Yemen has regional dimensions, with
Iran backing the Houthi rebels and Saudi Arabia leading a coalition of
Arab states supporting Hadi's government. This has turned the conflict
into a proxy war between Iran and Saudi Arabia, exacerbating tensions in
the region and making a resolution to the crisis more difficult.
Saudi arabia intervention in the conflict
·
Saudi
Arabia intervened in the crisis on the request of the mansur hadi . On the
request of Hadi they formed a coalition and attacked that country . The main
question whether the intervention by
Saudi Arabia in Yemen has violated international law principles or not has to
be looked at from two perspectives.
·
In
March 2015, a coalition of countries led by Saudi Arabia launched a military
intervention in Yemen, aimed at restoring the internationally recognized
government of President Abdrabbuh Mansour Hadi, who had been ousted by Houthi
rebels. The intervention has been ongoing since then, with the coalition
conducting airstrikes and ground operations against Houthi targets in Yemen
·
Critics
of the intervention argue that it violates international law, particularly in
terms of the principles of sovereignty and non-intervention in the affairs of
other states. The UN has documented numerous incidents of civilian casualties
resulting from coalition airstrikes, which have raised concerns about possible
violations of international humanitarian law.
·
However,
supporters of the intervention argue that it is justified under international
law, particularly in terms of the right to self-defense. They argue that the
Houthi rebels, who are backed by Iran, pose a direct threat to Saudi Arabia's
security and stability, and that the intervention is necessary to protect Saudi
national interests.
In summary, the question of whether Saudi Arabia's
intervention in Yemen constitutes a breach of international law is a matter of
interpretation and debate, and may depend on one's perspective and legal
analysis of the situation.
Saudi arabia intervention a breach of
international law principles
Un charter is one the main foundations on
which full international law depends and since Saudi Arabia and its allied
countries have ratified un charter it is necessary to analyze the articles of un charter and to see to what
extent Saudi Arabia has violated the charter[4] .
In chapter 1, The clause 3 of the
article 2 of the charter:
"All member nations shall settle
their international disputes by peaceful means in such a manner that
international peace and security, and justice, are not endangered."
This clauses expressly ban that member states cannot resort to
unpeaceful instruments . it should be the duty of the member states to make
sure that all the conflicts should be settled peacefully.
In chapter 2 and according article 6,
the charter explicates that:
? "A member of the United Nation
which has persistently violated the principles contained in the present Charter
may be expelled from the Organization by general assembly and upon the
recommendation of the Security Council."
?
The
article clearly mentioned that if any member states violate any of the
principles of UN charter then in that case he can be expelled from the
organization . since Saudi Arabia used clear force against its member states
which is a clear violation of the UN charter .
Chapter 6 un charter
? Chapter 6 of the UN charter states
that there should be peaceful settlement of disputes . It also says that the
members should seek a suitable solution before resorting to any action. The
possible solution that can be used by the states can be mediation ,
conciliation , arbitration , judicial settlement . This provision is mentioned
under article 33 clause 1.
?
The
best thing in this charter is the
methods that the security council adopts to settle this dispute. First of all
the parties are called to settle their dispute through the above mentioned ways
, which is mentioned under article 33
clause 2 . if the dispute doesn't get
settled internally then in that case the security council intervenes[5] .
Chapter 7 un charter
? Chapter 7 of the charter is mainly
concerned with breach of peace and the act of aggression by the member states .
The provision related to this is mentioned under article 39-51[6] .
? Article 51 of the charter states
"Nothing in the present Charter shall impair the inherent right of
individual or collective self-defense if an armed attack occurs against a
Member of the United Nations, until the Security Council has taken measures
necessary to maintain international peace and security.Measures taken by
Members in the exercise of this right of self–defense shall be immediately
reported to the Security Council..."
?
In
the present case the principle that makes this invasion by Saudi Arabia bad in
law is clause 1 of article 53 which states that before adopting any violent
means against member states the state has to first take authorisation of the
security council . This step was not complied by Saudi Arabia before they
invaded Yemen .
The resolution
2216 dated 14th april 2015 clearly tells that the security council has closed
its eyes and has been neglecting the Yemen issue . The invasion by Saudi Arabia
has created huge destruction in Yemen . Many civilians , innocent children have
lost their lives . This shows that the resolution has lost its legitimacy . not
only un charter the current invasion by saudi arabia has also led to the breach
of charter of islamic cooperation organization (OIC) and arab union . these two
charter clearly mentioned that the islamic countries should settle their
dispute in the framework of IOC and arab union charter .
Saud arabia by not consulting to any
of this two organizations before initiating attack on Yemen clearly violated
the provision of the above mentioned charter.
The breach of human rights by saudi
arabia in yemen
The Saudi
Arabia intervention in Yemen can be construed as the breach of human rights in
multiple ways . Saudi Arabia has breached the principles of universal
declaration of human rights . At the
same time the article 6 of the ICCPR also talks about the right to life and
protection of dignity which is again violated by Saudi Arabia . it clearly
states that no member states can deprive people of their basic rights . Apart
from this many other rights such as rights of children and elderly people ,
right to health, right to dignity , right to food , housing , safe drinking
water are the basic human rights which the Yemeni citizens were deprived of
because of the Saudi invasion . The use of bombs by Saudi Arabia in Yemen
cities is another gross breach of human rights violation of the Yemeni citizens
. Many people lost their lives because of the bombing and many were denied
access to proper health care services .All these incidents were reported by human
rights organizations and also there were proper photos and documents which
supplement this incident.
International humanitarian laws that applies to the
above issue
International
humanitarian laws are the set of laws that determine the rights of individuals
and the rights of countries during armed conflict. It also states the duties of
the individual and countries during such disputes. In short, humanitarian laws
are the human rights at the time of war[7]
.
Under
international humanitarian laws there are two branches
? Hague laws
?
Geneva
laws
Both of this
laws are applicable in armed conflict. Hague law basically deals with the rules
and provisions that would be applicable to ground war, it determines the rights
and duties of belligerent parties, it also limits the use of weapons and
methods that the parties use to damage the enemy parties. It also protects the
rights of properties and humans that get affected by this war. Geneva laws are
the set of laws that protect the war victims, disabled persons of armed forces
who get injured after the war. The rights of war victims and disabled people
are taken care of by geneva laws. Geneva laws include the convention of
1864,1906,1929, and 1949. Later the two additional protocols of 1977 helped the
geneva laws in its further evolution. The primary objective of humanitarian law
is to reduce the amount of human suffering and to make sure that the rights of
individuals get protected at all costs. The classic objective of humanitarian
laws was also to limit the after effects of war on people. But today the modern
concept of humanitarian laws has been evolved and it is more human centric. It
protects human dignity, it keeps humans at the top most hierarchy, and makes
sure that human dignity gets protected at all costs. it makes sure that war
criminals are not tied and prosecuted in an illegal way. The two additional
protocols of 1977 were added with the sole objective to achieve the above
mentioned goals. all countries, individual, un, red cross are considered as the
believer and followers of humanitarian laws principles. Humanitarian laws are
mandatory for all the parties who are engaged in armed conflict.
Basic principles of international
humanitarian laws
All laws that
exist are made on certain guidelines and principles and are designed under the
set of parameters which later get ratified by the parties
For instance the laws of war are
framed on certain principles that the countries should try to avoid using
force. Humanitarian laws are formed on the basic principle of protecting the
rights of human beings and individuals . Below mentioned are the set of
principles which apply during war times.
Saudi arabia intervention in yemen :
humanitarian law perspective
Saudi Arabia
engaged in heavy bombardments on residential and civilian areas which not only
led to casualties but it had resulted in destruction of cities. Among the
casualties most deaths were caused by women , elderly and children[8]. Saudi
Arabia tried their best to make Yemenis surrender and hence they targeted their
basic services like hospitals , schools etc .All these attacks were in clear
violation of an announcement under the title Geneva announcement to protect
children and women . The said announcement was made effective on September 16
1924 .there are also the violation of child rights convention approved on 20th
november 1959 and also the announcement of un general assembly dated 14th
december 1974 which was mainly related
to protection of women and children .apart from all this there was clear and
gross violation of article 77 of the additional protocol of geneva convention
of 1977 which was again related to protection of women and children from
attacks . Also, in the resolutions 2444 dated December 19th 1968, 2597 dated
December 16th 1974, 2675 and 2674 dated December 9th 1970 which were mainly
related to protection of individuals at the time of war were also violated .
Human rights watch had deeply criticized the grave violation of humanitarian
principles by Saudi Arabia . multiple
supports were send by these organization to help the civilians and to provide
aid . king of saud arabia and us defense department were asked to measure the
casualties of human rights violence and the member states were asked to end
this violence asap[9] .
Iran aid to yemen : humanitarian law
perspective
Iran aid to
Yemen was a good step and was recognized under Iranian red crescent society .
Article 4 and article 3 of the statute
determines the duties of the Iranian country toward other countries . It says
that it should help other countries who are going through war and they should
send relief measures to aid and support the injured . they should try to defend
human values , should establish friendship and should try to maintain peace .
ircs should try to send aid to other countries in the form of cash , human
services etc . In the time of war they would provide equal support and aid to
belligerent parties as well without any discrimination and the belligerent parties
should try to respect their services equally[10].
The representative of Saudi Arabia
Red Crescent denied the request of IRCS
to send their representative to help the Yemeni people . Iran was
constantly urged to help the needy people of Yemen . The foreign minister of
Iran requested the UN secretary general to allow them to help the Iranian
people in whatever way they can[11] .
Role of ICRC in yemen
The International Committee of the Red Cross (ICRC) is a
humanitarian organization that works to protect and assist victims of armed
conflict and other situations of violence. In Yemen, the ICRC has been working
to provide emergency assistance and protection to people affected by the
ongoing conflict since 1962.
The role of the ICRC in the Yemen crisis has been
multifaceted. Here are some of the main activities and initiatives that the
ICRC has undertaken in Yemen:
1.
Providing
humanitarian assistance: The ICRC has been working to provide emergency relief
to people affected by the conflict, including food, water, and medical
supplies. It has also been providing support to health facilities and helping
to improve water and sanitation infrastructure.
2.
Supporting
health services: The ICRC has been supporting health facilities in Yemen by
providing medical supplies, equipment, and training for health workers. It has
also been working to improve access to healthcare in remote and
conflict-affected areas.
3.
Protecting
civilians: The ICRC has been working to protect civilians affected by the
conflict, including women, children, and the elderly. It has been monitoring
the situation on the ground, advocating for the respect of international
humanitarian law, and raising awareness about the impact of the conflict on
civilians.
4.
Visiting
detainees: The ICRC has been visiting detention facilities in Yemen to monitor
the treatment of detainees and ensure that they are treated in accordance with
international humanitarian law. It has also been working to promote the release
of detainees and reunite them with their families.
5.
Promoting
respect for international humanitarian law: The ICRC has been advocating for
all parties to the conflict to respect international humanitarian law,
including by protecting civilians, allowing humanitarian access, and avoiding
attacks on civilian infrastructure.
Conclusion
The Yemen crisis is a complex and
ongoing conflict that has had devastating humanitarian consequences. The
conflict began in 2014, when Houthi rebels, who are aligned with Iran, seized
control of the capital city of Sana'a and other parts of the country. This led
to a military intervention by a coalition of mostly Sunni Arab states, led by
Saudi Arabia, in support of the internationally recognized government of
President Abd Rabbuh Mansur Hadi.The conflict has resulted in a significant
humanitarian crisis, with millions of people in Yemen suffering from food
insecurity, lack of access to healthcare, and other basic needs. The conflict
has also resulted in the displacement of millions of people and has exacerbated
the spread of diseases such as cholera and COVID-19.Efforts to end the conflict
through peace talks and negotiations have been largely unsuccessful, and the
situation in Yemen remains very unstable. In recent years, there have been some
diplomatic efforts to reach a political solution, including a peace agreement
signed in Stockholm in 2018, but implementation of these agreements has been
slow and incomplete.In summary, the Yemen crisis remains a tragic and ongoing
humanitarian disaster, with no easy or immediate solutions. It will require
sustained and coordinated efforts from the international community to address
the humanitarian needs of the Yemeni people and find a path towards a lasting
political solution to the conflict.
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This Congressional Research Service report provides an in-depth analysis of the
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22 December 2017.
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Article Information
SAUDI WAR AND IRAN PROPAGANDA AMIDST YEMENI CRY FOR HUMANITARIAN LAW
Authors: KARTIK SRIVASTAVA
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/07/03
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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