Seeking Restitution: A Proposal for Post-Conflict Justice in Yemen

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

Negotiations for Post-Conflict Justice in Yemen

More than 40 organizations, including Human Rights Watch, have called for plans for post-conflict justice in Yemen to be inclusive and victim-centered. The Yemen Declaration for Justice and Reconciliation, issued by Yemeni civil society organizations and associations of Yemeni victims and survivors, outlines their vision for achieving justice and reconciliation in post-conflict Yemen. The declaration urges Yemeni authorities, all parties to the conflict, the Office of the Special Envoy of the UN Secretary General for Yemen, the United Nations, and the wider international community to respond to its demands.

The declaration comes at a time when negotiations for a possible peace deal between the Saudis and the Houthis have stalled, with the issue of payment of government salaries being a key point of contention. Other parties to the conflict have been excluded from these negotiations, and Yemeni civil society has also been largely sidelined. Throughout the nine-year-long conflict, human rights issues have been consistently ignored, and both the Saudi-led coalition and the Houthis have been implicated in widespread violations of international humanitarian law and human rights law.

The Need for Accountability and Reparations

The Yemen Declaration for Justice and Reconciliation emphasizes the urgent need for accountability and reparations in order to address the grievances caused by the war. Under customary international law, warring parties are obligated to provide full reparation for the losses and injuries caused by their violations of international humanitarian law. However, the warring parties in Yemen have failed to effectively provide reparations. Furthermore, since the disbanding of the UN Human Rights Council-mandated monitoring body in 2021, there has been no independent, international monitoring or investigation of rights violations in Yemen. The declaration seeks to fill this gap in accountability by setting forth a set of principles to guide the post-conflict justice process.

Inclusivity and Gender Equality

The Yemen Declaration for Justice and Reconciliation also emphasizes the need for inclusivity in the post-conflict justice process. It calls for the active inclusion of civil society organizations, women, children, marginalized groups, and victims and survivors of rights abuses. The declaration advocates for a victim-centered approach, gender equality and inclusivity, truth and memorialization, redress and reparations, accountability, reconciliation, social cohesion, and the prevention of future violence. It further underscores the importance of applying international law to inform peace negotiations, political settlements, and a post-conflict justice process.

The Call for Action

As negotiations for peace and the September Human Rights Council session approach, it is crucial for all parties involved to address the demands laid out in the Yemen Declaration for Justice and Reconciliation. The declaration highlights the long-overdue need for justice and accountability for the abuses committed during the nine years of conflict in Yemen. To ensure a just and lasting peace, it is imperative that civil society’s demands for inclusion, accountability, and reparations are taken seriously. Governments, international organizations, and the United Nations must prioritize the principles and goals outlined in the declaration to provide a roadmap for post-conflict justice in Yemen.

Photo credit: AP Photo/Hani Mohammed