LEGITIMACY OF AIRSTRIKE ON CIVILIAN HOSPITAL IN YEMEN CIVIL WAR

Zulianto Chairul, Teddy Nurcahyawan

Abstract


Yemen is currently engulfed in a nationwide civil war. This armed confrontation occurred between Yemen’s government, with its president Abdrabbuh Mansur Hadi, against the Houthi rebels. In the course of the war, Saudi Arabia led a coalition of states to intervene the conflict in response to the request made by Yemen’s government. The coalition carried out series of military and political operations, such as an operation codenamed Operation Decisive Storm, to restore Yemen’s government prior position. In one of the operation, Saudi Arabian-led coalition conducted an airstrike which struck General Abs Hospital that was supported by Médecins Sans Frontières. This airstrike is controversial as it could lead to the violation of international humanitarian law. This research is conducted based on doctrinal research methodology that employs IRAC method and uses deductive reasoning to analyze the issue and related rules. The analysis led the researcher to conclude that this airstrike has violated International Humanitarian Law, particularly Article 11 of Additional Protocol II of 1977 and has also violated several customary and principles of International Humanitarian Law. Such violation is categorized as war crimes according to the Rome Statute of the International Criminal Court and therefore, is subject to International Criminal Court jurisdiction.

Keywords


International Humanitarian Law, Yemen Civil War, Airstrike, Médecins Sans Frontières

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