Legal Approach for the Armed Conflict in Saddah Area (Yemen) 2004 - 2005. Adel Aldhahab July 12, 2005 Table of contents Subject Page Introduction (the question) 3 General information about Yemen 4 What is Zidi Islamic school 6 difference between Hashemite and Shiat 8 History of Hashemite and Zidi in Yemen 9 Hashemite and current president 11 Yemen and human rights conventions 12 Freedom of religion in Yemen in 2003 13 Other human rights issues in 2003 15 Events according to government 17 Events according to the other party 27 Events according to third parties 29 Testimonies for witness 44 How to make the Assessment? 46 The legal doctrine that govern the issue 46 Assessment A. answering 6 questions 57 Assessment B- Answering the question of the genocide, war crime and crime against humanity 65 Conclusions 87 Recommendations 89 Introduction There were two big military campaigns in Yemen. One was in 2004 and the other in 2005 and some people talk about a third expected one . These campaigns were the strongest in the recent history of the country . Its cost according to Yemeni government was $350 million . (Annual budget of Yemen is $4 Billion ) Yemeni government claimed different stories about these campaigns but mostly there is a claim that foreign powers are behind the anti government forces. Opponents claimed different stories and some of them claimed it is a genocide campaigns. There was an agreement between the government and other concerned parties that, targeted people are belonging to Zaidi faith and of Hashemite race. Currently a group called Believed Youth which was led by Shiat scholar Hussein Bader Aldeen Alhouthi until his death in September 2004, Afterwards led by his father Bader Aldeen Alhouthi in March 2005. My paper is going to address these campaigns by trying to assess whether these campaign were against group of criminals, or was disproportionate abuse of power, or was it genocide? Or some thing else? And to address these questions may I will need to address other questions. To address these questions I will supply background about the political life and the human rights conditions and situations in the country in 2003 prior to these events in 2004/05. I will also relate certain background information about this particular group and its relations with the government. I will then provide details about the military operations, and present information about some of the different players and certain witnesses to these events to impart further evidence as they describe their personal experiences with these campaigns. Then I will make my assessment and conclusion. General information about Yemen Yemen is an Arab, Middle Eastern, Muslim, and an Asian country that is located on the southern side of Arab peninsula. Its area is 527,970 sq km and its population is 20,727,063 as of June 2005. Saddah the area of operation is located north of capital Sana’a 244 km, close to Saudi Arabia borders. The ethnic groups consists mainly of Arabs with majority of the population totaling over 97 , as well there are Turkish, African, and India ethnicities each at about 1% of the population each . Religious group are comprised mainly of Muslims holding over 99% of the population. There is a small Jewish sect of about 5000, and a very small division of either Christians, and Hindu, All three of the latter combined total actually less than 1 % of the religious sects. Style of government is republican; the political system is mixed system based on French style system. There is a president that holds a majority of the authority and decision making control, and there also a prime minister with less authority. The current President has held power since 1978. There is a parliament that was elected three times since 1990. The political system is multi party system, the General Conference Party (President’s party) is the ruling party with 244 seats majority out of 301 seats in the parliament according to the result of 2003 parliamentary election. The Yemen collation for reform is the main opponent party with 45 seats in parliament and it is considered an Islamic party certainly Muslim brotherhood movement. Socialist party has 7 seats in parliament. Then Nasri party (named after former Egyptian president, Nasser) has two seats in parliament and it is a secular party that has socialist values. Baath party (Syrian branch) has two seats in parliament. There are other parties that don’t have representation in parliament (about 20), the related ones to our subject are Alhaq party (the Just) and coalition of people powers . Alhaq had one seat in 1993 parliament who was occupied by Hussien Bader Aldeen Alhouthi the head of antic government movement in 2004 events. Both of these two parties are well known as representatives of Zaidi Islamic school (certain type of Shiat) Legal system is based on Islamic law, Turkish law, local tribal customary law, and English common law. Judicial authority is independent by law but it is not in practice. What is the Zaidi Islamic school ? Zaidi sect is an Islamic school that belongs to Shiat in general but it has more similarity with Sunni in others. In order to make this clear, I will figure out the difference between Sunni and Shiat Islamic schools. Both schools believe in one Allah, all prophets and the last one was Mohammed. They prayed five times a day, fast Ramadan; go to Hajj at least once in life. Both believe in the Day of Judgment, angels, hell and heaven. Both believe in Quran and they have the same version of it. And the only difference is about the political theory. First I have to mention historical facts about the 4 governors who handled Muslims issues after the death of the prophet; they are AbuBaker, Omar, Othman and Ali. The difference is about the following points: Sunnis believe that the best Muslims after the prophet are Abubaker (the first governor) then Omar (the second Governor) Then Othman (the third governor) then Ali (the fourth governor). Also Sunnis believe the mandates of these people were correct and they were legitimate governors. -Shiat (they called some times Ethna Ashryah or twelvers. they exists in many places in the world (especially Iran, Iraq, Lebanon and Pakistan) believe that the best of Muslim after the prophet was Ali then his two sons. they Also believe that the most deserving to be a governor after the prophet was Ali, so they think Abubaker, Omer and Othman were illegitimate governors and Shiat insult these governors. Now it will be easy to put Zaidi sect among these two groups: Zaidis exists only in Yemen, according to US department of the states international freedom report of 2004; the Shiat Zaidis in Yemen are 30% of the population. Zaidis shares some value of Sunnis and others of Shiat; they share Shiat that Ali was the best of the Muslims after the prophet and he supposed to be the first governor after the prophet. On the other hand, they think like Sunnis that Abubaker and Omar were legitimate governors (because Ali accepted their mandate and dealt with them accordingly) so Zaidis talk respectfully about these governors. This difference was about the past. What about the general political theory? Sunnis believe there are conditions for Muslim governor and in the end of the conditions; they said it is preferable if this person would be from Hashemite family (some times they called Alalbiet). Shiat believe that being a Hashemite is one of the essential conditions and usually they required him to be from certain race in Hashemite family (Ali, then Alhasan, then Alhussien, then his son and his son until the tenth grand son of Ali). This is according to Shiat except Zaidis who requires him to be Hashemite from Ali’s son what ever the branch in addition to other conditions. What is the difference between Hashemite and Shiat? Shiat is a faith, the people who believe in what we mentioned earlier. But Hashemite is a race, which means it is family that belongs to the Prophet Mohammed. So it is not necessary that each Hashemite to be a Shiat or each Shiat is from a Hashemite family. But practically and generally speaking most Hashemite are Shiat (in Yemen). Also being a Shiat means among other things to believe in the spiritual status of Hashemite. Although there are no statistics about Hashemite in Yemen, but if I will try to guess from my observation as a Yemeni, I would say Hashemite are about from 10 % to 15% of Yemeni population. Brief about the role of Hashemite in Yemen and the existence of Zaidi School there Yemenis entered Islam from the beginning, certainly during the life of Prophet (sixth century). In the second Islamic century (seventh century), many bad events happened in Yemen, so, some Yemenis asked one of the Hashemite family who were living in Madenah- part of Saudi Arabia now- (Imam Al-haddi Yehya bin Alhussien) to be their governor, he came and ruled Yemen and spread the Zaidi faith, as a result some scholars now are named Zaidi Hadoi . From that moment until 1962 Hashemite family (mostly Haddi’s sons and grand sons) ruled Yemen. By taking into consideration these Hashemite states were challenged from time to time by local and external powers, so it was ruling all Yemen some times including part of Oman and part of what called now Saudi, on the other hand during weakness time, it shrunk in Saddah area (which is the area of the conflict of 2004 and 2005). Because of that, Saddah is widely considered the capital or the center of Zaidis or Hashemite movement. Example about the weakness period is during the occupation of Yemen by the Turkey Empire which ended in 1921 because of Hashemite resistance . In 1948 the Hashemite regime by that time was a repressing one. A revolution took place and because of the deep legacy of Hashemite family the revaluation’s makers themselves were Hashemite, but this was a failure one and another attempt to change in 1955 was also a failure, until 1962 when a revolution took place in Yemen. This ends more than 1000 years of Hashemite ruling. There was attempt by the former Hashemite Zaidi governor to return again by military campaign in 1967 by supporting of UK, USA and Saudi government, but Hashemite couldn’t make it . Some Hashemite participated in 1962 revolution as Ali Kaseem Almoaueed and Mohamed Oshish, Yahya ALmotokeel and Mohamed Motaher, but it wasn’t a Hashemite movement. It was some how anti Hashemite movement. After this event many Hashemite were executed others found refuge in Saudi, Jordan, UK and USA. Others were excluded from their jobs and generally speaking there was discrimination against them. (Hashemite claim this continues until today). In 1990 Yemen reunited (South and North) and a marginal democracy started. So multi party system was found and free elections and newspapers . Therefore Hashemite established four movements and four news papers. First was Alhag party (the just party) and their news paper was Alomah (the nation). Ethad Alqua Alshbyah (union of people power) UPP the head of this movement is Ibrahim Ali Alwazeer who is the nephew of the maker of the failure revolution of 1948 that was mentioned earlier and their news paper is Alshoura (democracy or consultation ), Rabetat Abna AlYemen (union of children of Yemen) and their news paper is Ray . Harkat Altoheed Walamel Aleslami (movement of Islamic activities) and their news paper Alblagh (the declaration). The relations between Hashemite movement and current president Since the President is the key person of political life since 1978, we must address this relation to have an idea about the motivation and background of the war. After the 1962 revolution the general campaign started and continue until today against Hashemite because of their bad rule from 1921 (independence from Turkish Empire) until 1962 . This president took power in 1978. The tone continues same as in the past. Socialist party was leading South Yemen and President Salah was leading the North. When Yemen reunited in 1990, there was a big dispute between the president and social party because of the result of 1993 election. Hashemite stood with social party, so when the dispute was solved by force (general war of 1994 that President won .) the president took revenge actions against Hashemite because of their support to social party . These actions were closing the party of Union of people Power UPP and confiscating their equipment with out judicial actions and stop the news paper of this party . But on the other hand the president appointed the secretary general of Alhaq party as a minister for Islamic affaires in 1997, and then he resigned and said there was a plan to hurt his reputation by encouraging corruption in this ministry . When the former Imam (the king) that was kicked out in 1962 died in 1997 in Britain, his family asked to bury him in Yemen, the president refused then after he was buried already in Saudi , the official news paper of Yemeni army 26th of September welcomed burying him in Yemen . Alshoura news paper, which is the official news paper of union of people powers UPP, was closed more than time by judicial judgments some times and others with out for example in 1994, in 1998, 2000 and in 2004. On the other hand some Hashemite occupied high position during this president such as Yahyal Almotokeel who was occupying the Assistant of Secretary General of ruling party and who was killed in car accident in 2003 and Hashemite thinks there is a mystery behind his accident. Also Brigadier Yahya Alshami who is the governor of Albyda and many others but all these are members of ruling party. Human rights situation in Yemen during 2003. First the stand of Yemen in international human rights instrument Instrument Status (inter into force) CAT 1991 CCPR 1987 CEDAW 1984 CERD 1972 – reservation CESCR 1987 - reservation CRC 1991 CRC 2nd protocol 2005 ICC Signed but not ratified I will give an idea about the general human rights situation in 2003 (before the events), the resource will be US department of the State human rights report , amnesty international report , and Arab human rights organization. First Freedom of religion Since we are talking about religious group, we need to know first the situation in this kind of rights. The resource for that will be International Religious Freedom Report 2003that Released by the Bureau of Democracy, Human Rights and Labor of Department of the State US. “There is traditional to restrict Jewish residents and employment. Mosques are monitored by intelligence, closing unlicensed religious schools by justification to curb extremists. Foreigners were harassed by police for possessing religious literature. Police and security forces continued to detain suspected members of radical Islamist groups. Non Muslims may not hold elected office. Building worship places needs permission of government. The Government has attempted to prevent the politicization of mosques. Some members of the security forces occasionally censor the mail of Christian clergy who minister to the foreign community, ostensibly to prevent proselytizing. Police and security forces detained suspected members of radical Islamist groups with clear links to terrorist organizations. Since 2001, several hundred "Afghan Arabs" (Islamists who had returned after spending time in Afghanistan) have been detained for questioning. Many such persons were released within days; however, some reportedly continue to be detained beyond the maximum detention period. There were no reported incidents of violence or discrimination between the adherents of the two main orders of Islam, Zaidis and Shafa'i. In December 2002, extremists carried out two apparently religiously motivated attacks. On December 28, Ali al-Jarallah killed Yemeni Socialist Party leader Jarallah Omar at a political party conference, and on December 30, 2002, Abed Abdul Razak Kamel killed three hospital workers and injured one at an American Baptist-run hospital in Jibla. Kamel later said the two attacks were coordinated, and that they were targeting "seculars," Christians who proselytized and members of a sect of Islam called the al-Buhrah. Anti-Zionist and anti-Semitic attacks in the mass media are on almost on daily basis”. Other dimensions (the resource will be US department of the State human rights report , amnesty international report , and Arab human rights organization). “Ali Abdullah Saleh, the President and leader of the GCP, was elected to a 5-year term in the country's first nation-wide direct presidential election in 1999, winning 96.3 percent of the vote. In 2001, the 5-year term was later amended to a 7-year term. The President was not opposed by a truly competitive candidate .The president is the head of executive branch, army, intelligence and judiciary. Decision-making and real political power still rested in the hands of the executive branch, particularly the President. The referendum of 2001 allow the President to dissolve Parliament without a referendum in rare instances Many conflict solved by mediation. A total of 166 foreigners have been kidnapped since 1992. The Government has acknowledged publicly that torture occurred. The immunity of all public employees from prosecution for crimes allegedly committed while on duty also hindered accountability; prosecutors must obtain permission from the Attorney General to investigate members of the security forces, and the head of the Appeals Court formally must lift their immunity before they are tried. Low salaries for police officers of approximately $35 to $53 (6,000 to 9,000 riyals) per month also contribute to corruption and police abuse. There were credible reports of the existence of private prisons in government installations, although senior officials did not sanction these prisons. In cases in which a criminal suspect was at large, security forces in some instances detained a relative while the suspect was being sought. The judiciary was weak and corruption and executive branch interference severely hampered it. The executive branch appointed judges, and some have been harassed, reassigned, or removed from office following rulings against the Government. There were reports of holding hundreds of prisoners with out trail for along time and their members claim no right was given to these detainees and the Minister of Interior acknowledged that the detainees were held but asserted that it was necessary for national security. The Constitution prohibits interference with privacy; however, security forces routinely searched homes and private offices, monitored telephones, read personal mail, and otherwise intruded into personal matters for alleged security reasons. Such activities were conducted without legally issued warrants or judicial supervision. Some security officials attempted to influence press coverage by threatening and harassing journalists. In 2002 the President issued an amnesty for all journalists in detention or awaiting trial. The Constitution provides for freedom of assembly; however, the Government limited this right in practice. In March, security forces killed and injured demonstrators after a gunfight broke out between demonstrators and security forces protecting a foreign embassy. The Constitution provides citizens with the right to change their government; however, there were limitations in practice. The Constitution prohibits the establishment of parties that are contrary to Islam, oppose the goals of the country's revolution, or violate the country's international commitments. Formal government authority is centralized in Sana'a. The first elections for the local councils were held concurrently with the constitutional referendum in 2001.. Many Akhdam, a small ethnic minority who may be descendants of African slaves, did not participate in the political process. There were no credible reports that citizen members of religious minorities were not permitted to participate in the political process. NGOs complained, but there was a lack of response to their requests. Tribal violence continued to be a problem during the year, and the Government's ability to control tribal elements responsible for acts of violence remained limited. Tensions, which periodically escalated into violent confrontations, continue between the Government and some tribes”. Conclusion From these reports there was no indication about any clash or dispute between government and any of Hashemite or Zaidi School and the freedom of religion didn’t mention any clash or discrimination against this religious or ethnic group. But the reports confirm that the record of human rights of the country remains poor. The events First Government story (chronological order) -The beginning of the story started by news in the Yemeni governmental daily news paper (Althoura) that Islamic scholar condom the extremist opinion of Alhouthi then after one month the news reported about military clash between government and tribes in Saddah . -Yemeni government claimed in its official daily news paper that Alhouthi claimed to be a prophet and to be Almahdi Almontader . Yemeni government claimed that his followers were just Jewish (in Yemen if a person wants to insult a person he would describe him as a Jew) -The first declaration of event in 26th of Sep, which is a weekly military news paper that has strong link to President. It published a statement of the unsibling brother of the president (Brigadier Ali Mohsen Alahmar) who led the military campaign and who is the military commander of Saddah region declared that the campaign is to target Hussein Alhouthi because of his attack to military vehicles and the brother of the President confirmed that the government military campaign doesn’t target any certain group -26th of September weekly news paper (the official speaker of ministry of defense) in its issue number 1135 in June 24, 2004 declared the reasons for the clash without mentioning its resources, these reasons according to the agency were : 1- Attacking military and security forces that led to death and injury for some of them. 2-prohibiting public employees from performing their duties 3-incitement for people not to pay taxes to government 4-controling mosques by forces 5-Raising flag of foreigner sides 7-attacking prayers in mosques 8-paying money for youths to do these acts 9- Other crimes. -Military news papers confirmed president met with religious scholars in July 2004 and he explained them that Houthi’s followers have extremist ideology -July 2004, a trial of a Yemeni judge because of his support to Houthi and his insulting of the companions of the prophet and his denial of some statement of the prophet, he was convicted and sentenced to 10 years and the trial lasted one month. . -Article for minister of Islamic affairs declared that Houthi has misinterpretation for Quran -the Committee of Parties (governmental body) threatened opponent parties that may be it will be terminated because of its support to Houthi movement -the president in July 2004 assigned new committee to convince Houthi to hand over himself -According to the head of dialogue committee Judge Alhitar who is a member judge of Supreme Court, the dialogue was about (difference between the twelver’s shiat and Zaidi sect, the existence of US army, the beliefs, and the companions of the prophet -Judge Alhitar, the head of dialogue committee, said the claim of Alhouthi is that” Allah gives knowledge and assigned power just to one group” -Public declaration in August to confirm that Houthi had a plan to make terrorist attacks -July 19, 2004 Yemeni president declared that Houthi has nothing to do with Zaidis or Hadoies, or any certain group, he has no agenda like this, and his agenda is to implement foreign intelligence agenda to interrupt development in the country. President confirmed there are a lot of evidences and they will be declared soon publicly . -July 2004, Yemeni president promised Alhouthi a (just) trial if he surrenders himself -The public editor of the military news in his assessment about Houthi crisis claimed that Houthi appointed him self as a governor (Imam) and he attacked checkpoints . -A cousin of Houthi published an article in the military news paper claiming that she felt a shame because of her cousin’s act and she said he was a member of parliament because of the support of the president. And she claimed Yemen achieved a lot during the time of the president and no body can deny that -Military news paper in its issue1148 of September 2004 said ministry of interior discover 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. -Yemeni president in mid September to declare amnesty for Houthi’s father and give him the right to live any where in Yemen - The Yemeni president declared in national day 26th of September that ending Saddah’s events which costs us a river of blood. -The official opening of the military newspaper accused Alhouti that he was supporting the separating part of Yemen .( Yemen has a local war of separation in 1994 as mentioned in the introduction). -September,8, 2004, Yemeni authority detained Chief Editor of Al-shoura, Abdualkarim Alkhaiwani because of his covering to Saddah’s event and because of his articles criticizing inheritance of power, he was threatened inside the prison, prohibited from visit, and banned from right of appeal . -The president declared amnesty in favor of Al Khaiwani, who is a chief editor of Alshoura newspaper, the special speaker of UPP, and who was convicted of insulting the president because of his articles that criticize the governmental military campaign in Saddah and the inheritance of power. -The Minister of human rights to describe the detention of the journalist, Alkhaiwani,” has nothing to do with law” -Military newspaper confirmed that inheritance of power is just a lie and it will not happen and opponent parties abuse this and it is illusion just exist in their minds, the newspaper also confirmed that Yemen is a democratic country and power is not like Imam system, ( what was going on before 1962) . (The most ironic thing is that the same issue of the newspaper publishes that the President gave his nephew, who is a merchant, a military ....l) -March 2005 declaration from ministry of interior that Houthi (the father) is in the mountains and he is still attacking military units -Military newspaper confirmed that Houthi, the father, left Sana’a suddenly in March 11 to lead the military campaign -In April the former prime minister and current secretary general of ruling party and at the same time, the current political consultant of President said to Alsharaq Alawsat, which is one of the most popular regional news paper in the Arab world” Houthi’s movement had nothing to do with the Yemeni culture. He also rejected the claims that the government targets the Hashemite”. On the other hand he said that Houthi movement is satanic tree and it is against 1000 years of Yemeni history . -An article in military newspaper by Hareth Alshokani declared that” Hashemite is the problem of Yemen during history; he described them as strangers that 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 -People threw grenades on military cars in Sana’a in April -Deputy of minister of education confirms Americans and other foreigners are studying in Saddah at non official schools that teach inciting against Yemen, unity and republic system. -Yemeni ambassador in Iran in press conference declared that Houthi raised the arms against government and he flamed religious hatred in the country. -Yemeni government accused Alhouthi that he is twelvers (the same Shiat sect in Iran and Iraq) -26th of September, the military news paper, described Hashemite as guests and they are in the Yemeni land temporarily - Yemeni army uses Ariel operation and special landed forces fight one of the heavy fights during the war . (The president’s son is the commander of these forces) - The opening of the military newspaper makes prejudgment against Badr Aldeen Alhouthi that he is against the Yemeni people and he is against the republic regime. -The President addressed the members of parliament and religious scholar about the two wars, he said the fighters are in fact the military wing of Alhaq and union people powers UPP parties and they had a plan to return the regime that was ruling before 1962. (the ironic is that this President always talk about 1962 revolution, although what is well known is that he, his family, and his tribe were fighting against revolution from 1962 until 1968 ) He said there is strong evidence and the most important one is the interview with a member of union people power UPP in Annas news paper that he said” we will use the external to reform the inside” the president added I gave 2 million Yemeni riyal to children of Alhouthi after his death and I ordered the military leader of the area to give monthly salary of 200,000 YR. -The Minister of interior affairs said the victims of the war are 525 killed and 2708 wounded. He gave the evidence of convicting Alhouthi which is a lecture to Alhouthi to a group of youths asked them to take governmental jobs and pretending to agree with current regime and explaining to the people the situations during this regime and the situations during Hashemite regime (before 1962) -Minister of local administration said 22 schools were affected by events and 532 homes were effected (some were destroyed and others were damaged and thirds were effected) -The minister of planning said direct losses in this war is $350 million but the indirect losses are above the ability to account it, we missed our reputation in front of the foreign investors . -The government to publish the lecture of Alhouthi that the government believes it is the BIG evidence to convict Alhouthi . The lecture talks about the importance for the member of group to get education and get high jobs within government and show loyalty to current regime in order to get this done and finally to educate the people about the bad things of the current regime and reminding people about good things of Imam regime (Previous regime before 1962 revolution). -Government declared many Houthi’s followers will be sent to court and Alhaq party and UPP -Arresting the first Yemeni female as first precedence (Entesar Alsyani) -Minister of foreign relation declared that, we found foreign financial supplier for these people and we will declare them soon -Minister of Foreign affairs visited Iran to explain the war there (Iranian constitution obliged Iranian government to protect Shiat every where in the world) -The Yemeni president to order to give the salary of Yahya ALhouthi (who is a member of Parliament!!, suppose the President has no power over parliament) . -Government surrounded Bader Aldeen Alhouthi is ALnaqaah area. -Also government claimed Bader Aldeen Alhouthi is dead and his military commander surrenders him self and opponent deny that . -Court to sentenced a Shiat religious scholar to death and other to 8 years imprisoned because of their support to Alhouthi -Minister of human rights to address the prime minister concerning the firing of Alhakemi because of his assessment to Saadah’s events . The story of the targeted people -Abdulmaliek Alhouthi, the brother of Hussien Alhouthi said ” Yemeni government is using against us all kind of weapons including the international prohibited one such as poisoned Color gas, also government burned some of the wounded people in Saddah city and make cars pull their bodies” He added we were patient, during the last two and half years, we were detained and when they attacked us we defended ourselves, they didn’t treat us well. -Bader Aldeen Alhouthi (the father) sent a message to the head quarter of Shiat in Njaf (Iraq) which called Hozat, he asked them to do what ever possible to stop the genocide war against Zaidi followers and Hashemite, he added, government refused to hand over bodies of killed persons and government burned the books of Zaidi school in the main square in the Capital Sana’a in addition to confiscating libraries and prohibiting dealing with Zaidi books. He added there is a campaign of arrest for students, scholars and librarians, and many were kicked out from their job, finally he asked for truth commission to investigate the situations. -Abdulmaliek Alhouthi, Hussion’s brother said ” we are prohibited from practicing our religion, we are targeted, our homes have been destroyed, we have been displaced, some of our brothers were killed and others subjected to genocide. He criticized the stand of Union of Islamic scholars by saying” we don’t know whether these are group of religious scholars or members of intelligence or military unit; they always agree with the authority and doing what it wants. He denied the news of the government that they attempt to change the republican system or he met the president or make a promise to stop his activity and said “I am not doing some thing wrong, I am saying death for Israel, death for the US and victory for Islam and I will continue to say this slogan, which doesn’t violate the law”. He said “this State fight people for their ideas, if the state is determined to continue its genocide against us, we will defend ourselves; we will not hand over ourselves to the government because it is practicing genocide against us.” He continued “The judicial system in Yemen is not just, and the head of this judiciary is the president, so how can we hand over ourselves?”. When he was asked about their relation with Iran because he has been interviewed by Iranian radio, he said “making an interview doesn’t mean a relation, now I am making this interview with you, is this mean I am with you?!!” -Mohamed Aysh in his article in May 11, 2005 claimed a military officer encouraged his soldiers to fight by saying their blood; children, and women are free (meaning kill their children, rape their women, and take their money) -Opponents claim that Yemeni intelligence confiscated the library of religious scholar Mohamed Meftah -Dr Almotawkeel, the deputy of UPP when being asked by Annas news paper about his opinion about the accusation that Saddah war was against Zaidi school and Hashemite, he replied” when the situation escalates to confiscating books, detaining religious scholars and students who didn’t hold guns, when actions reach the way how to call people for pray (shiat has a special one, and it was ban recently among other procedures), all that make such statement believe able. -Declaration of UPP because of occupying its building and kidnapping its member Nabeil Alwazeer -UPP declaration that deny existence of military wing and condemn the accusation of the president Alkhaiwani who is an important figure in Hashemite movement said, “We have military wing and three soldiers controlled us” kind of taunting indicating to the incident of taking over their office by three soldiers. Hashemite to declare that detainees are over 1000 persons The story of third parties -Amnesty report of 2005 about Yemen said about this event” Hundreds of people were killed, including many who may have been killed unlawfully, during armed clashes between security forces and political opponents in Saddah Province. Hundreds of people were arrested and most of those detained from previous years remained held without charge or trial. In the rare instances where detainees were brought to trial, the proceedings invariably failed to meet international standards. There were increased punitive measures against journalists and restrictions on press freedom. “ -Also Amnesty International concluded that” Tension between the government and cleric Hussain Badr al-Din al-Huthi, from the Zaidi community, has been growing since the US invasion of Iraq in 2003. Hundreds of his followers have been detained every week for shouting anti-American and anti-Israeli slogans after Friday prayers. The recent clashes began after the government asked Badr al-Din al-Huthi to hand himself to the security forces, and he refused” - Amnesty international said” Amnesty International is concerned at reports that 14 year-old Ibrahim al-Saiani has been held in incommunicado detention since May and maybe at risk of torture and ill-treatment. He reportedly has injuries which require medical treatment. Ibrahim al-Saiani was reportedly arrested on 8 May after the security forces stormed his family home in the capital Sana’a. He is believed to be held in the Political Security (al- Amn al- Seyasi) prison in Sana’a and may be a prisoner of conscience, held solely for being part of the Zaidi community, whose other members have recently clashed with the authorities” - ICRC visited Saddah ICRC will not visit unless there is a strong and continuous area of conflict and as usual ICRC didn’t declare any thing except that visit happened. Also ICRC to start campaign of aiding Mrran area -US department of the State human rights report of Yemen of 2004 said” the Government used military force against an armed rebellion in the northern governorate of Saada. The rebellion was led by Shi'ite cleric Hussein Badr Eddine Al-Houthi, founder of the "Shabab al-Moumineen" (The Believing Youth). Numerous cease-fires and mediation attempts failed to end the conflict. On September 10, the Government announced that Al-Houthi had been killed in combat. The Government prevented the media from fully conveying the extent of casualties on both sides, as well as the collateral damage. Estimates of civilian deaths ranged from 500 to 1,000, according to Amnesty International (AI).Opposition media and political leaders claimed the Government used excessive force in suppressing the rebellion. Some Al-Houthi supporters captured during the conflict remained in detention at year's end” • -Yemen was classified according to a study held by (the Fund for Peace- building peace in the 21st century-), which is an American NGO that is concern about preventing war and alleviate the conditions that cause war. The study puts Yemen as one of the most ten Failed countries in the world and they put it in red colour under the de......ion (very critical) and they said such countries are candidate to have civil war (this war was among reasons that led to this classification)They reached their conclusion by applying 12 standards which are • Mounting Demographic Pressures (Yemen got 7.8) • I 2 - Massive Movement of Refugees and IDPs (Yemen got 8) • I 3 - Legacy of Vengeance - Seeking Group Grievance (Yemen got 6.4) • I 4 - Chronic and Sustained Human Flight (Yemen got 8.2) • I 5 - Uneven Economic Development along Group Lines (Yemen got 9) I 6 - Sharp and/or Severe Economic Decline (Yemen got 8.8) • I 7 - Criminalization or Delegitimization of the State (Yemen got 9.8) • I 8 - Progressive Deterioration of Public Services (Yemen got 9.3) • I 9 - Widespread Violation of Human Rights (Yemen got 6.4) • I 10 - Security Apparatus as "State within a State" (Yemen got 9) • I 11 - Rise of Factionalized Elites (Yemen got 9.4) I 12 - Intervention of Other States or External Actors (Yemen got 7.6) And Yemen got 99.7 as a total and it ranks in the world the eighths failed country in the world (60 countries were studied) . (The study was based on data from May to December 2004). -Iran to declare that it is not part of the conflict and it is not supporting Houthi. -British ambassador in Yemen declared in July 2004 that Alhouthi group is not a terrorist group because they don’t target civilians. She added they don’t constitute a threat for US or Israel, but they constitute a threat for Yemeni regime . -Dr Fahmi Houdi, who is an Egyptian scholar and widely recognized in the Arab world and member of the team of Arab human development report of 2004 said” since 10 months and the news come from Yemen regularly that heavy clash between Alhouthi and Government, tanks, military air planes heavy canons are used, hundreds of victims from both sides. And so far no body comments on that. The information is rare from Yemen and there is no transparency and from what has come to my knowledge is that; Hussien Alhouthi was a member of parliament and he was in a good relation with government, so government encouraged him to separate from his main group and establish a new one (Believe Youth), and some stories said government itself supported him financially in order to weaken his main group, then dispute happened between movement and government due to different opinions on war on Iraq, so government decided to use force against them, and the government gave priority to force rather than political solution. And he asked for quick steps to solve the problem before it will become another Darfur. -The American Journalist Jane Novak that is concern about Yemeni issues wrote about saadah’s war that” All the natural enemies of the jihadiis are under attack in Yemen: reformers, democrats, journalists, socialists, pluralists, Shiites, Sunnis, anti-corruption advocates, human rights workers, and more. As these forces unite against them, the Yemeni people unite for democracy. ” Jane Novak added” Radio Free Europe noted the recruitment of many Iraqi generals into the Yemeni military. Recently, the Chief of the Yemeni Supreme Shia Council stated, "(Iraqi) military men advised Yemeni president Ali Abdullah Saleh to kill Shiias in the country as did Saddam in Iraq." Also she added «The Yemeni population is attacked by the military and the courts. Thousands are in jail without trial for months. Outspoken individuals are arrested and social groups targeted by identity… The Yemeni people are trapped inside a box of propaganda. On the outside is a democracy; on the inside is a tyranny -The famous religious scholar Mohamed Almansor who is the deputy of committee of Fatwa scholars in Yemen and the second most important Zidi figure; sent a message from where he lives now (Saudi, it looks kind of silent refuge) to the President which said” president (he addressed the president as- the head of the state, commander in chief, head of judicial power-) kind of showing the extreme authority of the President. “ I was honored by your reply letter which was as follow father Mohammed Al mansour (the reply from the President to ALmansoeer) i have received your letter in which you gave your opinion in the case of Al dailami and Moftah which says continue the president letter to al mansour (( we would like to confirm to you that we are thankful for your advices and we respect you and give you a high place. you have given us the advice and you will not be asked by God in the day of judgment for not giving advice for your ruler but we ask you not to give the bad people who belong to those extremist and racist groups the chance to ask for your advice so you will not drop your self and get confused with them regarding what you mentioned about moftah and aldailami ,they are convicted with conspiracy on the well of the nation and its security and we have the evidence their case is being looked by the court to give its judgment. my advice to you to avoid such people and not listen to them. i wish you a good health and a long life. (That was the president letter) (the reply of Almansor to the president) sir president i love for you as i love for my self i would not like you to be a sinner in the day of judgment or in front of the people. Because when you convict or rule against some one without any evidence and proves some thing angers GOD and angers people and not according to religion o r according to low or humanity when innocent people are convicted or ruled against or sentenced in unjust way they are not the only one who get hurt. Their families their wives their children, who would give them food who would pay house rent who would pay their daily expenses. Who would look after them when they are sick and many things? sir the president your reply letter prohibits us from begging you to have mercy for these people and not saying what we are obliged in front of GOD in front of the people. but we want you to know what people talk also we confirm the necessity of obeying wali al amr (( Muslim ruler )) as long he obeys GOD on us. And protecting national interest and security. And avoiding all things that might hurt the interest of Yemen people and country. But from the responsibility we bear as a Muslim scholar we condemn all things that happened in the previous months such as 1- excessive use of force by the Gov forces and the use of internationally prohibited weapons 2- burning and dragging bodies in the streets of Saadda and missing with them 3- arresting religious scholars and students journalists teachers many of them and torturing them physically and mentally on many of them 4- arresting under age children 5- demolishing homes and closing schools and making thousands of families homeless, firing many employees from their jobs and forbidding them from doing their jobs in public and private institutions 6- burning some private old ......ure libraries which include some of the most valuable and rare books in human and Islamic heritage and stealing others 7- closing some libraries and confiscating others and prohibiting the dealing or handling of some books 8- harsh court ruling with any evidence or proves as those on Logman and Al dailami , Miftah therefore we ask the president as a representative of the Yemeni people to : 1- stopping those military and security officials from attacking civilians 2- helping and compensating the thousands of affected families 3- ordering security authority to respect human rights and stop using violence and chasing people 4- forming a medical team to treat those wounded people in the war 5- giving the bodies of those killed to their families 6-order security to give a list of all arrested people and their condition and allow their families to visit them 7- to free all those who are arrested with out any charge and free all children 8- compensate all affected people 9- accepting all those who have been fired from their jobs to their jobs and compensating them 10- bring the violators for human rights to courts 11- dismiss all court rules by the special court because they were un constitutional 12- stop all illegal chasing on people” -Member of Yemeni parliament Yahya Alhouthi, the son of Alhouthi and who is in the same time a member of ruling party (president’s party), now in Sweden and unable to return to Yemen although he has immunity as a member of parliament. Said ” solving the problem is in the hand of the president, he asked the president to stop killing and arresting Zaidis. He describes the “Believe Youths” as a cultural movement that was established to stop the effect of Wahabi movement . He said “the government bombards my father’s home in order to kill him although he is 82 years old and he did nothing to deserve that. - The declaration of Hozah elmyah in Najaf (The shiat references in Iraq and the head quarters of shiat in the world) they condemn the persecution that shiat Zaidis face in Yemen Hozat added there is a systematic campaign for genocide against Zaidis and Yemeni government prohibited international organization from entering the area of conflict. They also added that “the Yemeni government use racism tone and incitement voice” . -Alquds Alarbi daily news paper said it was told (with out mentioning the resources) that Shiat of Bahrain and Kuwait supporting Houthi military actions financially . -Mohamed Jameel in his article in Alquds Alarabi which is one of widely recognized news paper in the Arab world, said “ authority doesn’t want any side to have an influence especially in northern part either Hashemite, nationalism or socialisms, Hashemite is not a case in Yemen, but government wants to create an enemy from time to time. The believed youth do not have a racism case as the government claims and they do not have a separation project or religious minority as government try to portray them, they are not extremists, they don’t have ties to external powers. They are just a normal Zaidi movement which is the same school that rulers belong to. All what happened is that they are calling in mosques death for US, death for Israel”. Mr. Jameel added there was an abuse of power from government that led the manager of security in saddah to declare that” this war was a great national picture” (kind of appreciation the war). -What call themselves union of religious scholars in Yemen, they condemned the intervention of Hozat of Iraq in Yemeni affaires and they said Yemen is living in peace and there is no existence of the twelvers faith in Yemen, and they end by asking the Hozat of Iraq to concentrate on Iraqi issues. - Asahwah news paper that belongs to Islah party, in its survey found that 91% of people believe that detention of Alkhaiwani elucidates the fake of democracy in Yemen . - The International Federation of Journalists said in Alkhaiwani case “It appears that our colleagues are being victimized by local authorities who are trying to stifle free and independent voices in the media” -Unity of religious scholars declared that president in his historical speech that address the reasons of Saddah events -Coalition of opponent parties condemns the accusations of government and the abusing of media, they confirmed the importance of not to establish any military bodies and not to abuse the official media by ruling party. -coalition of opponent parties declared that no one has the right to establish a military unit and the national army should not be used in favor of an interest of a person or a family or a group. They condemned the intervention in party’s privacy, by occupying the place of UPP party and raping the offices from its computer and other equipments and the intruding of security forces to the places of Islah party and Baath party . --Wahdwi party blames government because of Saddah’s events and said. “the government is responsible for the misadministration of its central government and local ones, which led to the security crisis”. They added also their vision of the conflict by saying that “the real reasons of the conflict are not the declared one, they said the real reason of the crisis is abusing the resources and bodies of the state in favor of political and personal interests that contradict the national interest on the other hand, the statement condemned the racism and religious extremism. -Alquds daily news paper (international newspaper) confirmed that the Yemeni government prohibited the religious celebration for Shiat - A Yemeni writer said” I am ready to believe there is satellite landed in moon from universe but I am not ready to believe that Houthi wanted to return the Imami regime, the war was long enough to release the reality and it is difficult to fabricate a new one. - Alhakemi, who is the deputy chief of 14th October governmental publisher and news agency , was harassed because of his writing about the crisis, he wrote an article in 7/7/2004 addressing the crisis by saying (since the beginning of the crisis, we are just hearing from one part which is the government and the government gave many and huge contradicting explanations , so I have to tell the truth) he said Houthi became convicted according to government story with claims that are contradicted at the same time. He elaborated “Houthi , according to the government, is calling “death for US and Israel” and at the same time “he is widely supported by Jewish and he is a US instrument to implement its strategy in the region” and finally “he is a big supporter for Lebanese party Hezbollah”. Hakemi made fun on government accusation that Houthi was always against 1962 revolution by saying that ( Houthi was born after revolution). Hakemi belittled the governmental claim “that houthi’s demand for the governor to be Hashemite” by saying (All Islamic books including the ones taught by public schools and universities teach this theory and all Islamic schools believe in general in this theory). Hakemi described the people who were sent as mediators by being biased because they described Alhouthi as (Almado ), and they said he must hand over himself to justice. In Al-hakemi’s second article in May 11, 2005 , he said the government supported the schools of “Believe Youth” in order to limit the influence of Islah opponent religious school and Wahabi movement. The government abused the dispute in theory between Houthi and other Zaidis in order to isolate him alone. (The war was against Zaidi school and because of fear of Zaidi uprising). He said “the first war’s cost was 4000 killed persons, and according to the president’ saying that this war cost us (rivers of blood). The first war lasted 85 days. In July 2004 a survey by government was held for the religious school, the survey found that 651 out of 4500 schools are belonging to Imamyah , the government destroyed religious school to compensate the delay in ending the war early. In July judge Mohamed Lugman was sentenced for ten years (trial just took one month from July to August 2004) by accusation of supporting Alhouthi and putting picture of Alkhomyni and leader of Hezbollah Hassen Nasser Allah. Hakemi said the military campaign ended in Sep 10 2004 but the undeclared religious war was the most important goal. - Alhakemi in an article in 7/7 2004 in Alshoura news paper said” president asked to attend the summit of the G8 according to Condoleezza Rayze, the president declared to media that he met with the heads of FBI and CIA before attending G8 in Georgia. Alhakemi concluded that the president wanted to create an impression that this military operation was by USA request to give international justification for the campaign by trying to show this campaign as part of the war on terror. But the real purpose, according to Alhakemi, is that the president wanted to get rid of an important political figure that constitutes a threat for his continuation in power and his son after him. AlHakemi said that the United States’s ambassador confirmed that the United Stated has nothing to do with Saddah events. According to Al-Hakemi “the Yemeni government was the one who started the war . More over AlHakemi said the president is appointing his son, cousins, uncles and other relatives as military commanders and he launched the war for his own personal reason but not for the nation . - Alhakemi was forced out from his position as the deputy manager of 14th of October institutions governmental Medias (which is one of the most important governmental media). He said “this is because of expressing his views on Saddah events” and added that the minister of media asked him many times to stop writing about that . -Dr Mohamed Shamsan in his article in Alwahdwai news paper said “the Yemeni intelligence and government supported Alhouthi in order to weaken Islah opponent party and Salfyah’s movement”, Dr Shamsan added “this comes under the general government policy to make clash between different political figures to weaken it” . -In April 8th British embassy warned its citizens in Yemen from expected terror (during the second war of Saddah) . -In the beginning of February of 2005, the government released one of the main founders of Believed Youths (PY) Mohamed Yahya Ezzan Testimonies of witness -The journalist Gamal Amer collected some testimonies of people who witnessed the war in Saddah : -“What is our crime that military to make genocide campaign against us. Saddah’s buildings were destroyed. My aunt was killed and we could not bury her until her body stunk”. Mother of Mohamed Hussein said” I am asking the international NGOs to help us and stop this genocide campaign, the home of my neighbor was attacked by two missiles and two families ended in this attack any one who goes out of his home is killed; we will die because of thirst. - Aisha Ahmed 14 years old “I was in the school and the wall of the school was bombarded.” - Umm Naser hamoud Naji “I have 8 kids and I am pregnant, my husband was injured and I was trying to treat him by grass in the mountain, but the soldiers prohibited me, so I was forced to leave him, I moved here by protection of one of the head of tribe who claimed that I am his wife, I was insulted by soldiers, I left my husband and the insects starts to come from his injury.” - Fatmah Salah “I found some soldiers that they are young and they wanted to return to their families. Bodies are every where in the streets and valleys.” - Mohamed Alqury (a Journalist) “I visited Saddah in April, 7th 2005 and I found it empty and in the hotels there is no phone.” The journalist (Mohamed Alqury) said “I found three bodies that completely were burned; this was in Friday 8th of April, then at 3 p.m. three soldiers tied the bodies to the back of the car then started to pull bodies in streets” the journalist added “it was a terrible scene, was not enough to kill the person?! Why making this inhuman thing with these bodies”. The journalist added that he was told that the three bodies were for supporters of Alhouthi, they came and killed the officer Mohamed Hussein Alaoish. People showed me the place where the battle took place. I was afraid to take pictures. There was no equality at all between two sides Houthi’s supporters were surrounded by hundreds of soldiers. How to make the Assessment? From the stories of both parties in addition to a third party and witness, it is obvious that the talk is about group of rights such as (minority rights, religious rights, cultural rights, political rights, express rights, the right to change government, the right to criticize government, right of fair trial, right of knowing the truth and others) and making assessment for such violations whether it exist or not and to which extent needs expanded paper. But since we decided in the beginning that this paper will JUST address the military campaigns in terms of its legitimacy and it’s proportionately especially whether it constitute genocide or some thing else. Also since the events is in a remote area of Yemen (Saddah) and since the events just took place and is still taking place, it was not easy to get enough information about the case, but according to the available information, I will try to reach conclusion on the events. First legal texts related to the subject (international law related to the issue) and Yemeni law Some scholars consider Genocide roles as jes cogenes roles that obliged all States and we will give details about that. -Convention on the Prevention and Punishment of the Crime of Genocide -Yemen is obliged by Convention on the Prevention and Punishment of the Crime of Genocide (signed in 9 Feb 1987 and validated in 1989) Article II of Convention on the Prevention and Punishment of the Crime of Genocide Define what genocide by stating” 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, as such: ( a ) Killing members of the group; ( b ) Causing serious bodily or mental harm to members of the group; ( c ) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; ( d ) Imposing measures intended to prevent births within the group; ( e ) Forcibly transferring children of the group to another group And article III states that “The following acts shall be punishable: ( a ) Genocide; ( b ) Conspiracy to commit genocide; ( c ) Direct and public incitement to commit genocide; ( d ) Attempt to commit genocide; ( e ) Complicity in genocide Article IV states that” Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible article III which states that: The following acts shall be punishable: rulers, public officials or private individuals.” -The Charter of Nuremberg Although Yemen is not a party to Charter of Nuremberg, but since Article 38 of the Statute of International Court of Justice, which is an appendix to the UN Charter, mention the recourses for international law as . International conventions, whether general or particular, establishing rules expressly recognized by the contesting states; international custom, as evidence of a general practice accepted as law; the general principles of law recognized by civilized nations; subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law, So, It is said” principles applied by the international tribunal courts and its procedures, have been those of a State’s responsibility” Because of that the UN committee of codifying international law has recognized the principles that Nuremberg’s Charter as principles of international law Also it was said about the Nuremberg Charter “Article 6 of Nuremberg Charter has come to represent general international law. The General Assembly affirmed that the principles of international law recognized by the charter of Nuremberg tribunal and its judgment” More over article 6 of Yemeni constitution confirms “the commitment of Yemeni state of the recognized roles of international law.” All these together make the Charter obligatory to Yemen. -Article 6 of Charter of the Nuremberg International Military Tribunal, states that” The following acts, or any of them, are crimes coming within the jurisdiction of the Tribunal for which there shall be individual responsibility: (a) Crimes Against Peace: namely, planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing; (b) War Crimes: namely, violations of the laws or customs of war. Such violations shall include, but not be limited to, murder, ill-treatment or deportation to slave labor or for any other purpose of civilian population of or in occupied territory, murder or ill-treatment of prisoners of war or persons on the seas, killing of hostages, plunder of public or private property, wanton destruction of cities, towns or villages, or devastation not justified by military necessity; (c) Crimes Against Humanity: namely, murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated. Leaders, organizers, instigator and accomplices participating in the formulation or execution of a common plan or conspiracy to commit any of the foregoing crimes are responsible for all acts performed by any persons in execution of such plan -Statute of the International Tribunal of Former Yugoslavia Although Yemen is not party to this instrument, but according to Article 38 of Statute of ICJ, we can consider Statute of the International Tribunal of Former Yugoslavia as obligatory for other States as customary international law, by taking into account the following points: -The Statute confirmed the principles of Nuremberg that GA already confirmed its principles as part of international law. -The establishment of tribunal was by a decision of the Security Council performing its authority under chapter 7 which makes all states obliged with such decisions -It constitutes a general principle of law, for that regard it was said “principles applied by the international tribunal court and its procedures, have been those of a State’s responsibility” -Article 2 of Statute of the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 (International Tribunal for the Former Yugoslavia) states that “-grave breaches of the Geneva Conventions of 12 August 1949, namely the following acts- ( a ) willful killing; ( b ) torture or inhuman treatment, including biological experiments; ( c ) willfully causing great suffering or serious injury to body or health; ( d ) extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; ( e ) compelling a prisoner of war or a civilian to serve in the forces of a hostile power; ( f ) willfully depriving a prisoner of war or a civilian of the rights of fair and regular trial; ( g ) unlawful deportation or transfer or unlawful confinement of a civilian; ( h ) taking civilians as hostages and article 4 paragraph 2 states that” Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: ( a ) killing members of the group; ( b ) causing serious bodily or mental harm to members of the group; ( c ) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; ( d ) imposing measures intended to prevent births within the group; ( e ) forcibly transferring children of the group to another group. 3. The following acts shall be punishable: ( a ) genocide; ( b ) conspiracy to commit genocide; ( c ) direct and public incitement to commit genocide; ( d ) attempt to commit genocide; ( e ) complicity in genocide. And article 5 states that “Crimes against humanity The International Tribunal shall have the power to prosecute persons responsible for the following crimes when committed in armed conflict, whether international or internal in character, and directed against any civilian population: ( a ) murder; ( b ) extermination; ( c ) enslavement; ( d ) deportation; ( e ) imprisonment; ( f ) torture; ( g ) rape; ( h ) persecutions on political, racial and religious grounds; ( i ) other inhumane acts Rome Statute of the International Criminal Court (Yemen signed the Statute but doesn’t ratify it yet ) but since the Statute codify the international principles of Nuremberg charter and other recognized international roles, so the Statute is obliged to Yemen as a principles of law or/ and as a customary international law. It was said about establishing the court that “the establishment of the court is regarded as making a deficiency in international legal system” Also by taking into account that 99 countries have ratified the Statute so far and since the establishment of the court was with general Assembly resolution Article 5 of Rome Statute of the International Criminal Court Adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998 States that “Crimes within the jurisdiction of the Court 1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes: ( a ) The crime of genocide; ( b ) Crimes against humanity; ( c ) War crimes; ( d ) The crime of aggression. Article 6 explained what constitute genocide crimes and article 7 crime against humanity, and article 8 war crimes Geneva Conventions and its appendixes protocols Yemen has ratified Geneva conventions on July, 16, 1970 and ratified the two protocols in April, 17, 1990 with out reservations . -Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) states that “Article 4.-Fundamental guarantees 1. All persons who do not take a direct part or who have ceased to take part in hostilities, whether or not their liberty has been restricted, are entitled to respect for their person, honor and convictions and religious practices. They shall in all circumstances be treated humanely, without any adverse distinction. It is prohibited to order that there shall be no survivors. 2. Without prejudice to the generality of the foregoing, the following acts against the persons referred to in paragraph I are and shall remain prohibited at any time and in any place whatsoever: ( c ) Taking of hostages; -Article 5.-Persons whose liberty has been restricted 1. In addition to the provisions of Article 4, the following provisions shall be respected as a minimum with regard to persons deprived of their liberty for reasons related to the armed conflict, whether they are interned or detained: ( a ) The wounded and the sick shall be treated in accordance with Article 7; ( b ) The persons referred to in this paragraph shall, to the same extent as the local civilian population, be provided with food and drinking water and be afforded safeguards as regards health ( d ) They shall be allowed to practice their religion and, if requested and appropriate, to receive spiritual assistance from persons, such as chaplains, performing religious functions; Article 9.-Protection of medical and religious personnel 1. Medical and religious personnel shall be respected, protected, and granted all available help for the performance of their duties. They shall not be compelled to carry out tasks, which are not compatible with their humanitarian mission. Article 13.-Protection of the civilian population 1. The civilian population and individual civilians shall enjoy general protection against the dangers arising from military operations. To give effect to this protection, the following rules shall be observed in all circumstances. 2. The civilian population as such, as well as individual civilians, shall not be the object of attack. Acts or threats of violence the primary purpose of which is to spread terror among the civilian population are prohibited. 3. Civilians shall enjoy the protection afforded by this Part, unless and for such time as they take a direct part in hostilities. Article 16.-Protection of cultural objects and of places of worship Without prejudice to the provisions of The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict of 14 May 1954, it is prohibited to commit any acts of hostility directed against historic monuments, works of art or places of worship which constitute the cultural or spiritual heritage of peoples, and to use them in support of the military effort. Yemeni laws -Constitution Article 40” it is prohibited to use the army and security forces in favor of a party, or a person, or a group, and it should be protected from racism based on tribes, areas, political orientations or any other groups” Article 48 “The State guarantees for citizens their personal freedom and keep their dignity. Torture is prohibited. Article 52 “homes and prayers places are protected.” Article 57 “freedom of moving from place to another inside the country is guaranteed and it is not allowed to restrict it” Article 121 “the president declared state of emergency and it should be offered to parliament to approve it, and emergency just declared because of local war”. Law -Article 47 of law of criminal procedures of 1991 states that “it is prohibited to torture any person or treat him badly” Article 6 of the same law” it is prohibited to torture or hurt any person physically or emotionally” The assessment based on the facts and laws. First whether this group or these people are terrorist, criminal or not Nothing from what have mentioned in the three stories indicated that a terrorist attacked took place by these people. It is true that one of the accusations of government that this group was PLANNING to commit terrorist attacks, but this accusation is among endless accusations that has no prove. Also Alhouthi name and Believed Youth are not among terrorist names of US or EU or SC Also British ambassador confirmed that this group is not considered a terrorist group and US ambassador said we are not part of this war. More over US Department of the States human rights reports of Yemen for 2004 did not describe this group as a terrorist group. So based on all that this group (Believed Youth) is not a terrorist group and Alhouthis are not terrorist persons. Generally this group is not a criminal group and Alhouthis are not criminals since accusations of government were not declared and what was declared so far doesn’t constitute a crime -Second who starts the war and whether it is lawful or unlawful war. Government didn’t provide convincing argument that Al-Houthi was the one who started the war, the opposite is the convincing argument (government was the one who starts) because government claimed it has clear and many evidence but it has not declare consistent evidence until now. As of the document that Houthi encouraged his followers to got job in government bodies and educate people about the difference between two regimes, it does not constitute a criminal act and it does not constitute a reason to fight these people . Also the government gave many explanations which contradict each other , it is true that one of the explanations was that Houthi attacked check points, but government keep changing reasons and did not provide certain events (date, time, injured, killed persons, victims) also government focused on foreign support and extremist ideology but not attacking check points or similar things which make such accusation unbelievable. Finally, none of the independent Yemeni news papers confirmed that Al-Houthi was the one who started the war. Accordingly, the Government was the one who started the war and this war appear to me as unlawful war. Third Whether Al-Houthi should hand over himself to the government or not? Since the 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 and that judges are being harassed by the government, the judge who stand against the government is removed from his position, and since the statement of ministry of human rights and others about the illegal procedures of Journalist Alkiawani who was put on trials because of his coverage to Saddah events, so if a journalist was persecuted because of his support to Al-houthi and if a judge was convicted for ten years in a trial that lasted one month because of his support to Al-houthi, it is much easier and expected that the real targeted person/s will be oppressed. So there was well founded reason for Alhouthi not to hand over himself without guarantees that he will face a fair trail. Moreover, this would be clear if we would take in account the threat of the committee of political parties that the opponent parties might be canceled because of its support to Al-houthi, these parties declared the dispute needs independent committee . Moreover, the president promised Al-houthi a fair trial if he will hand over himself, so a fair trial is not an essential right according to the president, it is a gift, he gives to whom he wants. Fourth the stand of Union of religious scholars 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: They were shown biased in favor of the president by describing his speech as (historical) speech They deny the existence of shiat Ethna Ashrya, which contradicting the fact that there is existence of such group. This union is consisting mostly of judges and all human rights reports of Yemen confirmed that judges are subjected to the influence of the executive authority . -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 . -All human rights reports confirms that the parliament and judiciary are influenced by executive authority and executive authority is concentrating in the president’s hand , so if the president is able to influence the parliament and the judicial powers, so it is more easier for him to influence one single union. Fifth the stand of committee on 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 State, military, intelligence, judiciary 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?!! -The head of this committee, who is a judge in the supreme court, is the head of Yemeni organization for human rights and this organization is widely recognized as government defender and has ties to government also this judge who is a key person in the committee 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 (judges are prohibited by law not to practice or promote politics ) more over this judge when interviewed by media always complements the wisdom of the president and he praying to god to keep president’s life longer , finally the brother of this judge was killed in Saadah in 2004 while fighting with governmental forces. So this judge is untrustworthy. -All sides of the crisis (opponent party, independent, foreign powers etc) criticize something in government side, but this committee always complement the government -All human rights reports confirms that the parliament and judiciary are influenced by executive authority and executive authority is concentrating in president hand of the President , so if the president is able to influence parliament and judiciary it is much easier for him to influence one single committee. If I will try to compare between this committee and the stand of the Chief Prosecutor of Yugoslavia tribunal that said” I had no wish to be photographed together with Lobodan Milosevic of Serbia against whom serious criminal allegation had been made and who were the subject of investigation by my office"” we can understand the real independence and the fake one. -Sixth the accusations of government against Alhouthi The accusations of the government against Houthi are 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 Imam, 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’s claims are inconsistent. -In the beginning of February of 2005 government released one of the main founder of Believe Youths (PY) Mohamed Yahya Ezzan so if there is a believe that these are terrorist or criminal group 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 terrorism and its role in international relation. (Yemeni government provided little things that can’t be called evidence), so in my opinion government doesn’t provide evidence since September 2004 until July 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 the president him self is the interview of one of the head of one of UPP party with Annas news paper, by returning to this interview, I found the following -The interview was with Professor Mohamed Abdulmaliek Almotokol the deputy of UPP and it was a general interview about current issues , he was asked about reform in the Arab world and the accusation from Arab 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 . This talks asking help from foreign powers for reform is common in the Arab world and it doesn’t constitute a crime. -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) 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, it is an Islamic faith and no one can claim what is the truth . - 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 of 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 . This gives 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 the 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) 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 with foreign powers. -Yemeni government accused Alhouthi that he is Ethna Ashry (being Shiat like Iran and Iraq) this doesn’t constitute a crime, it is like the first accusation that Houthi is being supported by Jewish, such accusations is just to abuse the fanatical culture in Yemeni society that doesn’t like Jewish and Shiat Gafryah (even Zidi them selves they don’t) Seventh, so what we can describe the campaigns? Again I declared that the available information is not enough to conclude sold result in each concern issues; it was said in Darfur report 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" So if an international committee was not able although with each support of UN and international community and all available resources including visiting the conflict 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. Part A- assessment of genocide Incitement, attempt and conspiracy to commit genocide and committing genocide. The existence of the three elements: To decide whether there was a genocide or not, there should be three elements; First Protected group (such as religious or ethnic group) being targeted, second certain acts, as it was mentioned earlier in the legal doctrine that governs the case, third the special intent to commit a genocide . So we will apply the three elements in our case: First A protected group being targeted, The targeted group is not all Zidis and is not All Hashemite because Hashemite and Zidis spread in different parts of Yemen and the campaigns are just in one area (Saddah). But in the same time the targeted group is part of the group (part of the Zidis and Hashemite),(Certainly the Believe Youths and the people who support and even the supporters are usually belonging to either Hashimate or Zidid school . So the targeted group was targeted because of being Zidi (faith-religion), Hashemite (race) ((which distinctive the targeted group from other people)) 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 it in 1990s) and most of the followers and supporters are belonging to Hasimate race and/ or Zidis faith. . It was said in Darfur’s report by the international commission 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 paragraph 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” . 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. 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" Also it was said” " ... many people have been arrested and detained, and many have been held incommunicado for prolonged period and tortured. 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" When we will return to event in Yemen, we will find that some similarity to Darfur, first 4,000 killed person (the Yemeni president said river of blood), over 532destroyed homes and over 22 destroyed schools. More than 1000 arrested person with out trials, some of them for more than two years. Torture to these detainees, burning of books, targeting religious scholars, indiscriminate attacks and targeting civilians and distractions of villages. Third intent to commit genocide It means “the intent to destroy the group or part of it ”. This condition is different than motivation, which exists in any crime . Proving such element is not easy job simply because government will not declared such intent and it will not give material evidence publicly. It was said about that “ Whenever direct evidence of genocidal intent is lacking, as is mostly the case..” But we are still can get the intent from different element “this intent can be inferred from many acts and manifestation or factual circumstances” then the report took more details about these standards from Jelisic the Appeal Chamber which said” as to proof the specific intent, it may,… be inferred from a number of facts and circumstances, such as the general context, the perpetration of other culpable acts systematically directed against the same group, the scale of atrocities committed, the systematic targeting of victims on account of their membership of a particular group, or the repetition of destructive and discriminatory acts” also it was said” some elements emerging from the facts including the scale of atrocities and the systematic nature of the attacks, killing, displacement and rape, as well as racially motivated statements by perpetrators that have targeted member of the African tribes” in ICTFY, The Appeals Chamber, it was said” .. an effort to displace a community from its place traditional; residence is sufficient to show that the alleged perpetrator intended to destroy a protected group” Also it was said in ICTFY that “ Even where the method selected will not implement the perpetrator’s intent to the fullest” So we will take these elements one by one -First the general context and circum stances -The context of the events shows the possibility of the existence of the special intent and details that are as follow: A- Locally The 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 the president to inherit power , and there are group of facts that Zidi and Hashemite were ruling for over 1000 years. And sadah is their center of the movement. Most opponent parties during Saadah’s war condiment the abuse of army in personal and family interest. Hussein Alhouthi is the first and the ONLY Hashemite, Zidi opponent person who won a seat in parliament. This was in 1993. Four Hashemite parties couldn’t win ANY SEAT during, 1993, 1997, 2003 elections, is it ironic? Another key element to understand this case is to realize the fact that tribes in Yemen has strong influence and majority of Hashemite and zidis are civilians (doesn’t belong to fighters tribe) and Alhouthi is one of a few Hasimate that belong to a strong fighting tribe . 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 . B- Regionally Gulf countries (Saudi, Bahrain, Kuwait, Oman, Qatar and UAE), which are weak and small countries, are concerned from the grow of Shiat. Shiat took power recently in a strong country which is Iraq Shiat are in power in another strong country which is Iran since 1979. More over Shiat constitute more than 60% of Bahrain people and they are the main opponent power (Bahrain king was the only foreigner figure to congratulate Yemeni president for ending the fight ). Saudi Arabia starts to suffer from the grow of its Shiat and their political activities (Saadah area is neighboring area to Saudi) , and by taking into account that the faith of Gulf countries (Salfyah) is in clash with Shiat’s faith So Gulf countries became surrounded from the East by Shiat of Iran, North, Shiat of Iraq, so existence of Shiat in the South (Yemen) as a strong movement that may be occupying power in the future will be another trouble . Especially Hashimate were occupying large part of Saudi (the same rulers of Jordan) and some American conservative some times threaten to divide Saudi and let Hashemite of Jordan to re occupy their part . 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) . C-Internationally Yemen was accused of being a center for terrorist activities and Yemen after September, 11 has involved in partner ship with the US in fighting terrorism which led to perform many military campaign in Marib in 2001, Hetat area in 2003 and the killing of Alqadaah figure by US air plane in 2002 . The war of Saadah starts right a way after returning of the Yemeni president from G8 summit in Georgia (US) which makes the operation to appear as part of war on terrorism, like what happened after the summit in DC between the Yemeni president and US president in November 2001, which is that the president sent huge military campaign to ALgalal area to capture to Alqadda members which led to killing 17 soldiers in this campaign . More over the try by the president to blame Iran, which is a terrorist country according to the US and HezboAllah, which is a terrorist organization according to US. Yemen is a remote area (ranks 148 in UNDP standards). 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. As Egyptian scholar Fahmi Houdi said (no body comments on the events so far). In this regard Richard Goldstone of South Africa, the Chief Prosecutor of Yugoslavia tribunal said” I was asked why Security Council had established war crimes tribunal for Yugoslavia and had not done so in the case of Iraq or Cambodia or any other equally serious conflict in Asia or Africa” he gave his answers that consist of 8 points, most of them are related to Media and politics Second the perpetration of other culpable acts systematically directed against the same group and discriminatory acts against them This Area (sadah) and these people ( Hashmate, Zidis) subjected to gross human rights violations during 1960s by Egyptian forces that used poisoned gas against Hashemite and their supporters 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," and it is the first time in Yemen history such weapons to be used. So why not the second could be especially it is the same area, the same people. -There is discrimination by law against this group, which is a law of political parties and organizations of 1991 that bans establishing a party if its principles contradicts the 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) . Especially there is a theory in Islamic schools that believe that governor should be Hashemite, so this law denies this group from practicing their religion. - A law was passed in 1960s that allows confiscating the real estate property of Hamed Aldeen family (a big Hashimai family ), 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 (almost they are the ONLY one to suffer from such acts), 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 More over Zidis in Yemen were banned recently from calling pray according to their religion. Many High ranking zidis scholars were arrested. Some Zidid activists are restricted from moving to Saddah area. - The 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 Billion financial loss , but President pardon them . Also he pardoned the people who were responsible of the local war in South Yemen in 1986. 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 benefit from any amnesty and they are the only group that bans from interring Yemen) the President forgive the recent criminals of 1994 and all others but not for innocent persons that are just relatives of members of former regime of 1962. This gives strong indications of the targeting for this group and considering them a political threat. Third the scale of atrocities committed -The number of casualties Alhakemi said the first war coasted 4,000 killed people; the president said it coasted “rivers of blood”. Mr.Yahya Alhouthi told me it coasted 20,000 killed people. I asked some people in Yemen they said it coasted over 15,000 killed people another person told me it coasted over 5,000. The casualties of the major local war of 1994 coasted 10,000 killed people. This high amount of casualties gives an indication about the intent. The number of displaced people 65,000 people. It was said in ICTFY “the forcible transfer doesn’t constitute in and of itself a genocide act, doesn’t preclude a trial chamber from relying on it as evidence of the intentions of members of the VRS main staff” . The number of destroyed homes is 522 and 22 schools. The used weapons All kind of heavy weapons were used in this war except the Navy (Sadah is not on the sea). All this may shows determination to terminate the group. The period of the wars; the first war took 85 days and the second hasn’t finished yet (the general war of 1994 took just over 40 days. The detainees are at least 1,500 people . Also by looking to the nature of the targeted people, we will find that no one claim that they receive any kind of military training, so they are civilians and it was said in Krestic case that” though civilians undoubtly are capable of bearing arms, they don’t constitute the same kind of military threat as professional soldiers” , so there was no justification to use, Ariel forces, missiles, heavy canons, and tanks, using all these heavy weapons shows intent to do more than just trying to arrest Alhouthi. Also it was said “ .. some of the victims were severely handicapped and, for that reason, unlikely to have been combatants. This evidence further supports the Trial Chambers’s conclusion that the extermination of these men was not driven solely by a militarily rationale” this war left many severely handicap persons, for example Amnesty international made ind3ependent report about (Ibrahim Alsyani, 14 years youth) who was handicapped severely in the war and he is now in detention in Yemeni intelligence . As of the age of the victims, it was said about that” The killing of military aged men was not stem solely from the intent to eliminate them as a threat. The killing of the military aged men was, assuredly, a physical destruction, and given the scope of the killing the Trial Chamber could legitimately draw the inference that their extermination was motivated by a genocidal intent” I have noticed from the list that was given to me by Yahya Alhouthi (I couldn’t get list from other resources)of the killed people even child of 7 and 8 years were killed and elderly as of 80 and 70 were among killed people, but the most killed were between 15 and 45 years old. , so further investigation needs a complete lists of the victims, killed and wounded. The long term impact, on this regard it was said” the Trial Chamber found, the massacred men amounted to about one fifth of the overall Srebrenica community.., the destruction of such sizeable number of men would inevitably result in the physical disappearance of the Bosnian Muslim population of Srebrenica.. their spouses are unable to remarry and, consequently, to have a new children.. therefore had severe procreative implication.., potentially consigning the community to extinction” I couldn’t apply such standards due to lack of information on numbers killed in each are and the statistics of the population in each area (Yahya Alhouthi provided me with some information, but it is not complete and in the same time, I can’t rely on sensitive information like this from one recourses). Which requires further investigation. Fourth the systematic targeting of victims on account of their membership of a particular group I found there are many precedence of targeting people because of JUST belonging to certain race or faith or certain group such as: -First Hashemite them selves during their last ruling (1921-1962), committed similar crimes against religious group, which is (AlMakarmah or Alismaliyah) . News states that Imam Yahya Hameed Aldeen (ruled from 1921 until 1948) attacked them and killed a huge number of them. More over Immam Yahya burned their bodies and put the remaining of the bodies in the stables of donkeys (the reason was because of considering their faith wrong- although they are group of Muslims-) . -Second we already mentioned the poisoned gas of the Egyptian army in 1960s against Zidis and the killing of some Hashemite and detaining others and firing others after 19623 revolution. -Third in early 1970s there was a war between Zidis (Shiate) and Shafiies (Sunis) in Yemen or some people called it the war between (people of Sanaa area- mostly Zidis) and the people of Taiz area (mostly Shiafees- Suni-). There is testimonies about this war that the killing was based on answering a question (how to pronounced a caw in Arabic) because it differentiates between the two groups and the killing was based on the answer (distinguishing of the group ). -Fourth In 1986 a local war happened in South Yemen and during this war the targeted group (Children of Abyan, who are a people of certain governorate and certain tribes ) were killed based on SHOWING the ID, if it states the place of Birth or residence is Abyan that was enough for killing . Fifth the repetition of destructive and discriminatory acts In Yemen there are huge practices for that. It was said by USDS HR report of 2004” discrimination based on race, ***, and disability existed. Entrenched cultural attitudes often affected women's ability to enjoy equal rights” also it was aid” National/Racial/Ethnic Minorities The Akhdam (an estimated 2 to 5 percent of the population) were considered the lowest social class. They lived in poverty and endured persistent social discrimination. ..” some immigrants of African origin had difficulty in securing Ministry of Interior permission to marry citizens” ..” More details as follow; - There is a racial group called (Akhdam) which a group of people who their origin is from Africa. Their name means (servants) and they are persecuted by community at all in addition to government, they are living in very miserable homes, they are not encouraged for education, they are not occupying any government gob except cleaning the streets. It is kind of insult when you will call a person (Khadem). I have never seen Khadem as an officer in a police or the army. I have never met a Khadem in a government office. I have never seen Khadem studying in a university or studying abroad as other Yemenis . - Half coast people, which means the person whose mother in not a Yemeni; he is banned from interring military academy or academy of police or being a member of parliament or a minister or a president. - Women, US department of the states human rights reports on 2004 under the title”(law and social customs discriminated against women) said” The law prohibits female genital mutilation(FGM); however, it was practiced to a limited degree. The prevalence of the practice varied substantially by region. Government health workers and officials actively continued to discourage the practice” . - Jews and other religious minorities, it was said” There were reports that citizen of religious minorities were prohibited from participating in the political process. … the General Election Committee adopted a policy barring all non-Muslims from running for Parliament (see Section 3). There were no legal restrictions on the few hundred Jews who remained, although there were traditional restrictions on places of residence and choice of employment (Section 5).” Sixth who led the military campaign? Since the beginning of the war, Yemeni army is the one who is leading the fight, and according to Yemeni laws, police is the instrument to handle local issues, yes it is true that in certain cases and by request of police (if they are not able to handle the case) it is allowed to use the army , but this would need declaring state of emergency and get approval from the parliament (according to article 121 of the constitution) which didn’t happen . More over even when army interfere; the leading is still in the hand of police, but it is obvious that the first statement was by the commander of military area and also the followed statement were by the army, so this gives an indication about the intent. More over the wars were led by the most high ranking military official such as Brigadier Ali Mohsen Alahmer (the president’s brother who widely recognized as the second person in the country), Marshal AbduAlziz Aldhahab the third person in the ministry of defense, the son of the President who led the special forces. About similar circum stances it was said” the killing was engineered and supervised by some members of the main staff of the VRS” Seventh supportive argument It was said in the Judgment of Nuremberg “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 , 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 family (a big Hashimai family ), 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 More over Zidis in Yemen were banned recently from calling pray according to their religion. Many High ranking zidis scholars were arrested. Some Zidid activists 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 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) . 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. Such law in fact is contradicting religion and political rights. Also it was said in Nuremberg judgment 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 words” 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 the 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 world”. 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 and Yemenis when they were addressing Hashimate governor, they were ending their letters by saying( the sender is the servant of the dust of your shoes) this article was during a military campaign that there is a doubt it targets certain group, so such 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, describes Hashemite as guests and they are in Yemeni land temporarily 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 intent 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 . What is the expected reaction from a solider who read his official news paper in a country that 35% of its population is ill-treated , there is high possibility that 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!! -In April the former prime minister and current secretary general of ruling party and in the same time the current political consultant of President said” Houthi movement is a satanic tree and it is against 1000 years of Yemeni history . this is a statement of a former prime minister so when the solider will read that this group is an satanic tree, 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. - Other supporting elements that make the claim of genocide believable - The accusation for Alhouthi that he claimed to be a prophet because in Islam such thing is considered one of the biggest sin so this will make people (in ignorant society) sustain from helping or sympathy with such person. - The first statement of the Althoura newspaper (before the war) about dispute between some Zaidism and Al-Houthi gave a strong indication about the intention of government to target this group (what was the interest of government to interfere in religious scholars disputes especially it is not common for government to do so) -The 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 sending these armies to help Palestinians, we are using them to end any local opponent activities -Yemeni government accused Alhouthi that he is Ethna Ashry (being Shiat like Iran and Iraq) this is by itself is not a crime, but government shows that it doesn’t believe in freedom of religion, so it was enough (according to government) to target these people because their religion. Yemeni constitution and international instrument that Yemen ratified confirmed the freedom of religion . - Yemeni president describe Sadah’s events, as an Intefadah Intefadah is a positive word in Arabic that means uprising against occupying power or bad regime. - The dialogue with Alhouthi followers was about (difference between Shiat Ethnaashryah and Zidiyah). That means; it is a problem according to Yemeni government to belong to Gafryaiah faith!!? And the war was because of that. So the government is trying to convince these people to change their religion otherwise war will continue . -The Chief Editor of 26th of September weekly and military news paper is belonging to (Ismilyah, Makaremah) Islamic minority faith that were subjected to genocide by Hashemite between 1921 and 1948 as mentioned earlier. -Council of coordination of opponent parties declared in April 8th, 2005 that Sadah events needs an independent and impartial committee to investigate the case and other political parties condemn the abuse of the national army in personal interest. -The brother of the President who is the key of the armed conflict is famous of targeting Hashemite in general including taking their real-estate by forces 9using army cars) . - The Yemeni president in mid September to declare amnesty for Houth’s father and give him the right to live any where in Yemen (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 ” 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. More over the news confirmed that When the genocide decision was made? As far as I can tell there is no genocide claim during the current prisedent which make believing the clime difficult, but from all the reading I think what happened is the following: The Yemeni president decided to get ride of an important opponent figure and( its his style to weaken them) his way to weaken this group was to have a reason to fight with this group, arrest as many of them, closing their religious schools, supporting the group that oppose such school etc), but usually what is happening is that Government forces attacked the targeted group and the targeted group usually surrender with out fight or fight for days and usually the heads of such group surrender them selves (hostages), but what happen in this case is that, -Alhouthi refused to hand over him self even after bombarding with air forces and killing thousands, which make him to appear as a hero before people. Even his father until now refused to hand over him self. - The targeted group in the beginning of the war (first week) killed over 100 soldiers when defending the state forces from interring their villages and such number is the highest in the recent history of nation, which embarrassed the president and is relatives in a society that value and appreciate heroic and people who paid their life for their ideas. -The targeted group administrated good media campaign that shows their repressing certainly through Alshoura news paper, which makes the people to sympathy with them. -The targeted group is the most serious and influential opponent group because of their history. (over 1000 year ruling Yemen). So all these together mad the president decided to commit genocide in some battles. Part B War crime Since the acts that reported include destroying mosques , 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). Part C crime against humanity As article 7 of Rome statute of international criminal court and other instruments, Define crime against humanity which include; persecution on racial or religious ground, murder force disappearance. From the facts of the case, we will found hundreds were arrested and held in incommunicado detention for pre long time and being tortured, people were fired from their jobs or transfer to remote or very far a way area because of their faith. More than 65,000 displaced person. All this together constitute crime against humanity. Conclusion According to the information demonstrated by government, opponent, third parties and witness and based on the assessment on the light of the doctrine that governs the case, I concluded the following: -It is not enough to conclude cut clear result depending on the recourses of this paper but I will make conclusion based on the available information: 1-Alhouthis are not terrorist or criminal persons and generally Believed Youth is not a criminal or terrorist group. 2-The Yemeni Government was the one who started the war and this war unlawful. 3-There was well founded reason for Alhouthis not to hand over him self with out guarantees that he will face fair trial. 4-The union of religious scholars and the Committee of dialogue are untrustworthy. 5-The accusation of the government against AlHouthi is incoherent 6-There are serious reasons that make the claim that Yemeni army commits war crimes and crimes against humanity believable. 7 -There is a well founded ground to DOUBT that the Yemeni president commits 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 believable 8-There is a well founded reasons to believe that the Yemeni president commits a big conspiracy (which is a big crime according to article -40 - of Yemeni constitution) by breaching the constitution through using the Yemeni army in favor his own interest. Recommendations 1-Since there is a weak judicial institutions in the country, and since there is confirmation that very rare trials 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 , 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 ( talk, listen, ask, visit the area, meet all concerned people, test and touch every thing closely) and recommend the gather the enough information that allow making sold conclusion in the genocidal claim and other claims and recommending the appropriate solutions. 2- In order to diffuse the environment and to insure that no crime will not 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, the commander of the special forces Brigadier Ahmed Ali AbduAllah, 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. And these people are considered the first suspected people. 3-Truth commission should include in its investigate whether opponent commit any war crimes and the tribes that fight with government. 4-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. 5-Allowing international and regional organization to visit the area 5- providing immediate aid to the area. 6-Considering the Yemeni president part in the problem and dealing with him accordingly. 7-Compensating the victims of the military operations and releasing prisoners or sending them before courts with satisfied guarantees that they would face just trial. 8-Returning the fired people to their jobs in their previous area. 9-Abolishing all the measures that restricted freedom of religion such as celebration of religious activities, the way of calling for pray. 10-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 peacefully through convincing people and through elections and referendum. And abolishing the law that allowed confiscating real state of Hameed Aldeen family and allow them to return their country and enjoy their rights as citizens. 11-The Yemeni parliament should practice its authority (according to article - 128- of the Yemeni constitution) by investigating the breach of the continuation by the President.