The legal protection of the civilian objects (a hangar containing a ballistic missile) was lost, and it became a legitimate military target for the use of it by Al-Houthi armed militia and the former President's forces, for the purpose of effectively contributing to military actions to support the war effort based on Article (52) of the First Additional Protocol to the Geneva Conventions. On Saturday, (04/07/2015) at (8:45) pm, Coalition Forces targeted (a ballistic missile inside a hangar) using one guided bomb that hit its target. the Coalition Forces also at (9:40) pm on the same day, targeted (gatherings of elements of Al-Houthi armed militia, elements of the former President's forces, and military vehicles) on a specific location, using one guided bomb that hit its target. The Coalition Forces have taken all feasible precautions by studying and defining the target's environment, using of a guided bomb that commensurate with the target, and minimizing of collateral damage to a minimum, while achieving the desired military advantage of the military operation carried out, based on rule No. (17) of the customary international humanitarian law. After studying the video recordings of the executed air missions, the satellite images, and the pictures published in the open source, JIAT found the following: (1) Traces of the effects of air targeting on (a hangar containing a ballistic missile). (2) The targeting of gatherings of Al-Houthi armed militia, elements of the former President’s forces, and military vehicles in a specific location on the other side of the road across the building of the claim. (3) The vicinity of the military target (gathering of Al-Houthi armed militia, elements of the former President's forces, and military vehicles) was free of civilian vehicles. (4) After the bomb was dropped on the military target, a water truck appeared, which was not present before and during the start of the targeting, then entered the vicinity of the military target after the launch of the bomb, which caused collateral damage to it. (5) No traces of air targeting effects on the buildings surrounding the bomb site, including the building that contains (Sanaa restaurant). (6) Collateral damage to the building, located at the other side of the military target (gatherings belonging to the armed Houthi militia, elements of the former President's forces, and military vehicles) as a result of the air blast. (7) Invalidity of what a witness reported about witnessing (3) air strikes, as it was proven to JIAT through studying of all air operations carried out by the Coalition Forces on the date of the claim, that they carried out (2) operations only on legitimate military targets, the first was (a ballistic missile inside a hangar), and the second was on (a gathering of elements from Al-Houthi armed militia, elements of the former president's forces, and military vehicles). (8) JIAT did not notice the existence of a market (by description and nature), intelligence reports, as well as some reports published in open sources, confirmed that the area at that time was a stronghold by Al-Houthi armed militia, and under their control, reports also described that the sufferers as young men, and there were no women or children among them. In light of that, JIAT found that the procedures taken by Coalition Forces, in dealing with the legitimate military target (a ballistic missile inside a hangar), and (a gathering of elements from Al-Houthi armed militia, elements of the former president's forces, and military vehicles) were correct and in accordance with the International Humanitarian Law and its customary rules JIAT sees that it is appropriate for the Coalition States to provide assistance for collateral damage the building which is located across the road west of the military target (a gathering of elements from Al-Houthi armed militia, elements of the former president's forces, and military vehicles), as well as for the damage to the water truck that was not within the circle of collateral damage before and during the initial phase of targeting, and was affected due to suddenly entering the vicinity of the military target. --More 20:01 LOCAL TIME 17:01 GMT 0016 www.spa.gov.sa/w1367065
مشاركة :