Navigating Justice in Post-Conflict Yemen: A Proposed Framework

Yemen: Proposal for Post-Conflict Justice Declaration from Civil Society Groups Provides Accountability Roadmap

July 26, 2023 12:00AM EDT

BEIRUT – In an effort to bring justice and reconciliation to post-conflict Yemen, more than 40 organizations, including Human Rights Watch, have issued a declaration outlining a roadmap for accountability, reparations, and redress. The Yemen Declaration for Justice and Reconciliation, issued by Yemeni civil society organizations and associations of Yemeni victims and survivors, calls on all parties to the conflict, the United Nations, and the wider international community to respond to its demands.

Failure to Address Human Rights Violations

The conflict in Yemen, which began in 2014, has been marred by widespread violations of international humanitarian law and human rights law. Both the Saudi- and UAE-led coalition and the Houthi rebels have been implicated in these violations, which include the destruction of civilian infrastructure, arbitrary detentions, disappearances, torture, and the blocking of humanitarian aid.

Since the conflict began, there has been a lack of accountability for these human rights abuses. Parties to the conflict, as well as the United Nations and powerful countries, have failed to hold violators accountable for their actions. This failure is in clear violation of customary international law, which obligates warring parties to provide reparation for their violations of international humanitarian law.

The disbanding of the UN Human Rights Council-mandated monitoring body, the Group of Eminent Experts, in 2021 has further hindered independent, international monitoring and investigation of rights violations in Yemen.

A Roadmap to Justice and Reconciliation

The Yemen Declaration for Justice and Reconciliation seeks to address the lack of accountability in Yemen by setting forth a comprehensive framework for a post-conflict justice process. The declaration emphasizes the need for inclusivity, particularly for civil society organizations, women, children, marginalized groups, and victims and survivors of rights abuses.

Key principles outlined in the declaration include:

• A victim-centered approach
• Gender equality and inclusivity
• Truth and memorialization
• Redress and reparations
• Accountability
• Reconciliation
• Social cohesion
• Prevention of future violence

The declaration also emphasizes the universality of human rights and calls for the application of international law in peace negotiations, political settlements, and post-conflict justice processes.

Importance of Civil Society Involvement

The Yemen Declaration for Justice and Reconciliation highlights the significant role that civil society organizations should play in shaping the post-conflict justice process. Throughout the nearly decade-long war, Yemeni civil society has been largely excluded from peace and ceasefire negotiations, resulting in the sidelining of human rights issues.

The declaration calls for civil society to be actively involved in peace negotiations and urges the international community to support their demands. By including civil society in the decision-making process, Yemen has a better chance of achieving a just and lasting peace.

Editorial: Prioritizing Justice and Accountability

The Yemen Declaration for Justice and Reconciliation is a crucial step towards addressing the widespread human rights violations and lack of accountability that have plagued Yemen for far too long.

Justice and accountability must be at the forefront of any post-conflict resolution in order to ensure lasting peace and prevent the recurrence of violence in the future. It is imperative that the demands outlined in the declaration are given serious consideration by all parties involved in the conflict, as well as the broader international community.

However, it is also important to note that achieving justice and reconciliation in Yemen will not be without its challenges. The conflict has deeply entrenched divisions and grievances, and navigating the complexities of post-conflict justice will require patience, determination, and a commitment to the principles outlined in the declaration.

Advice: Moving Forward

As negotiations for a possible peace deal between the Saudi-led coalition and the Houthi rebels continue, it is essential to prioritize justice and accountability. The Yemen Declaration for Justice and Reconciliation provides a valuable roadmap for navigating the post-conflict justice process.

All parties to the conflict, as well as the international community, should take heed of the declaration’s principles and work towards implementing them in any future peace agreements and transitional justice mechanisms.

Civil society organizations should be given a meaningful seat at the table to ensure that the voices and concerns of all Yemenis, particularly victims and survivors of rights abuses, are heard and addressed. Their participation is crucial for building a just and inclusive society in Yemen.

The international community must also step up its efforts to support Yemen in its pursuit of justice and accountability. This includes providing financial and technical assistance to strengthen Yemen‘s capacity to investigate and prosecute human rights violations, as well as ensuring that victims receive the reparations they are entitled to.

Ultimately, the Yemeni people have suffered the consequences of this conflict for far too long. It is time for justice and accountability to take center stage and pave the way for a brighter, more peaceful future for Yemen.

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