Tom Clark

Conflicts, Weapon Sales and Arms Treaties: The Case of Yemen
April 2018

Click square for index

Almost all twenty first century wars are not between two governments. They are mostly between a government and some section of the population. Many are fanned by external countries that intensify and prolong the conflicts by supplying troops.

The war in Yemen is catastrophic for civilians and serious for international peace. Usually, the United Nations and the Security Council play the central role. The crucial first step is getting parties to agree on a form of peace process. Sometimes an international peace building force is put in place. Forms of sanctions or embargos of arms or money may be imposed. The UN also coordinates efforts to supply humanitarian assistance to civilians affected by conflict.

Yemen is different. The UN endorsed a peace proposal from the Gulf Cooperation Council to address threat of conflict in Yemen in 2011. This peace initiative began in 2012. The process turned into rebellion during 2014. In 2015 the President called for armed intervention. Intervention brought land warfare and air strikes. By 2017, after over 3 years of failed peace talks, warfare, a devastating economic toll and violations of humanitarian law and human rights law, experts and humanitarian organizations are calling for an end to the war and for an end to arms supplies.

A. Yemen and the Major conflicts

The conflict in Yemen has been largely hidden. This “forgotten war” has not been a priority on account of other conflicts that are deemed more are pressing in Syria, Iraq and Libya. Yet by April 2018 The UN Office for the Coordination of Humanitarian Affairs, OCHA, said “…the country is now facing the worst manmade humanitarian crisis in the world.”

In terms of conventional conflict deaths alone, Yemen falls into the top 10 conflicts in the world. Another measure is the number of people forced to flee within their country. This measurement agrees with conflict related death counts.

Yet statistics do not capture the whole story. Some report from those working on the ground is needed. In 2016, Yemen became the second most famine-affected country in the world according to Norwegian Refugee Council and the World Health Organisation.

B. The War in Yemen and the UN

Beginnings of Conflict in 2011 and the UN backed Peace Plan

The conflict has its roots in an Arab Spring uprising in 2011. The 2011 peace plan proposed by the Gulf Cooperation Council was endorsed by the UN Security Council. The plan persuaded Yemen’s longtime president Saleh, to hand over power to his deputy Hadi who was to lead a transition including a National Dialogue, a revised constitution and unified armed forces. Hadi was internationally recognized. Yet the Houthis and the Southern Movement boycotted his election.

The Houthis are a Zaydi Shia insurgent group in Yemen that were involved in six wars with former President Saleh between 2004 and 2010. They have marginal links with Iran and have had some training by Hezbollah. The Southern Movement, associated with the Hadik, began in 2007. It is a movement to secede from Yemen. To these two factions should be added former President Saleh. He remained active politically and could call upon loyalty from some army commanders. Saleh formed an alliance with the Houthis in 2015 that ended when he was killed in 2017. Al-Qaida in the Arabian Peninsula, AQAP, formed in 2009 and exists in parts of the South. Islamic State is also present, but it is principally of non-Yemenis. The US has had continuing authority from the Saleh and then the Hadi government to make air and drone attacks on AQAP targets.

Rebellion in 2014 and a UN Brokered National Partnership Agreement

The peace process collapsed in 2014. A National Dialogue Conference took place January 2014 with a final document outlining its results and paving the way for a new constitution. This accord was not implemented. Neither the Houthis or Hadik supported the recommendation for a federal state composed of six regions. Hadi’s term as President was supposed to end, but it was extended for a year to allow preparation of a constitution. This added to unrest. A cutting of fuel subsidies in June 2014 triggered protests. On September 21 Houthi forces backed by Saled loyalists took the capital Sana’a. A UN brokered peace, and a National Partnership Agreement brought a 4-month end to fighting promising the Houthis and Hadik a role in government.

War in 2015, Armed Intervention, the UN and the Impact on Civilians

In January 2015 the draft constitution was released proposing 6 regions and a federal state. It angered the Houthis. The Houthis backed by military units loyal to Saleh occupied the palace, took over Sana’a and established their own government. Hadi escaped and fled South to Aden. The Houthis began a campaign Southward ostensibly against AQAP. As they approached Aden, March 24, the Hadi government asked for GCC intervention. Hadi fled to Saudi Arabia as the Houthi-Saled forces arrived at Aden.

A coalition of 9 Arab countries led by Saudi Arabia (Saudi Arabia, the UAE, Bahrain, Egypt, Jordan, Kuwait, Morocco, Sudan and Qatar) immediately began an armed intervention. The coalition had US logistics and intelligence support. Both Saudi Arabia and the UAE sent ground troops into Yemen.The coalition began a naval and aerial blockade. The navel blockade aimed to block arms but the blockade also blocked fuel so that almost immediately there were shortages that impacted food and water supplies for civilians. There was a major humanitarian impact.

The UN Security Council passed a key resolution 2216(2015) in April 2015. Although the resolution was framed in terms of peace and stability for Yemen, the specific criticisms were directed at the Houthis. The resolution declared support for the GCC’s efforts and it imposed an arms embargo on Saleh and the Houthis. Only the Houthis were called on to disarm. The resolution was passed under Chapter VII of the UN Charter, opening the door for international intervention and legitimizing the Saudi-led coalition’s military approach. The Resolution established a panel of experts to examine the arms flow. Legitimizing the military intervention without a way to protect civilian rights undermined local conflict resolution mechanisms and worsened the humanitarian crisis.

The Bigger War in 2016, Air Strikes and a UN Attempt at Peace

The year 2016 was dominated by war. On February 27, 2016 coalition air strikes killed at least 40 civilians in a market Northeast of Sana’a. In March the UN High Commissioner for Human Rights condemned the repeated killing of civilians in air strikes in Yemen and the failure of the Coalition forces to take actions to prevent their recurrence. In April 2016, UN brokered peace talks among Yemeni parties began in Kuwait. However, there were several beaches of the ceasefires, there were no breakthroughs and finally the initiative petered out in August.

The situation described in the early 2017 Final Report of the UN experts says neither side of the conflict can win. There is reporting on the naval blockade that was largely working. Yet the Houthis had a capability to attack shipping with missiles. They were using anti-tank missiles and were firing ballistic missiles into Saudi Arabia. Many weapons initially came from the Yemeni army stockpile. There is evidence that the navel blockade intercepted some arms made in Iran 2015-2016.

2017, the On-Going Humanitarian Catastrophe

The 2018 Final Report of the experts described 2017 Yemen as disintegrated into factions. The Houthis had taken over the Saled network following his death in December 2017. Saudi troops controlled the area around Mirab, and the UAE together with Hadi government troops had control around Aden.

According to both the 2017 and 2018 Final Reports, there were violations of international humanitarian law, human rights law and norms by both sides. The air strikes carried out by the coalition and the indiscriminate use of explosive ordinance by Houthi-Saleh forces throughout much of 2017 continued to affect civilians disproportionally. Measures to lessen the devastating impact of these attacks on the civilian population were not taken. Both sides had impeded the distribution of humanitarian aid.

The UN Security Council received a briefing 27 February 2018 by outgoing envoy Mr. Ahmed. He reported incessant military attacks on towns and along the Saudi border and missiles fired into Saudi Arabia. He described “the world’s largest man-made humanitarian crisis.”

Questions about the formal peace Initiatives

The UN did not pull all the Yemeni parties together to establish their peace process. There were early signs that the Houthis and the Southern Movement were not in full agreement. Once that initial peace process began, the UN pushed the roadmap of the GCC with its army consolidation, national consultation and constitution.

The UN resolution establishing the arms embargo and allowing the armed intervention by the coalition blamed the Houthis rather than weaknesses in the original peace plan that could in principle have been addressed. An agreement might have been possible if the process better included the Houthis. The brief “National Partnership” peace struck by the UN on the ground in 2014 offered Houthis and Hadik a role in government. That produced a cease-fire quickly. When war resumed, there was the surprising coalition of former foes the - Houthis and former President Saleh. They set up an alternative government in Sana’a. So an agreement with the Houthis is possible.

When the UN attempted a peace process by gathering parties at a meeting in Kuwait in April 2016, a year after the armed intervention, the President of the Security Council issued a statement that insisted on conditions. He recalled the GCC plan and all the earlier Security Council Resolutions. Not surprisingly, there were reportedly sticking points around the security arrangements from the Houthis.

It seems a more stable peace process might be agreed upon by greater inclusion.

C. The Calls for an End to Arms Sales to Saudi Arabia and the Way Forward

As always, getting the parties to agree on a peace path is the first hurdle. This must involve the Yemeni parties and then the other States with interests. The Yemen arms embargo needs to be intensified. Difficulties in obtaining arms or ammunition bring some pressure on a party to the conflict.

Arms supplies to Saudi Arabia should be stopped on account of the violations of humanitarian law and human rights law. Given the Reports of the Panel of Experts there is enough evidence that Saudi Arabia uses arms in violation of humanitarian law. Promotion of arms-limiting treaties like the UN Arms Trade Treaty can only help.

Finally, it is important for humanitarian agencies to watch the UN Security Council where the details of the war can be seen and to advocate for measures that will begin or advance a more realistic peace process. The protracted work of a peace process is the only way to build an end to today’s terrible largely hidden wars like the one in Yemen.

TOP Click:



Conflicts, Weapon Sales and Arms Treaties: The Case of Yemen April 2018 Click square for index Almost all twenty first century wars are not between two governments. They are mostly between a government and some section of the population. Many are fanned by external countries that intensify and prolong the conflicts by supplying troops. The war in Yemen is catastrophic for civilians and serious for international peace. Usually, the United Nations and the Security Council play the central role. The crucial first step is getting parties to agree on a form of peace process. Sometimes an international peace building force is put in place. Forms of sanctions or embargos of arms or money may be imposed. The UN also coordinates efforts to supply humanitarian assistance to civilians affected by conflict. Yemen is different. The UN endorsed a peace proposal from the Gulf Cooperation Council to address threat of conflict in Yemen in 2011. This peace initiative began in 2012. The process turned into rebellion during 2014. In 2015 the President called for armed intervention. Intervention brought land warfare and air strikes. By 2017, after over 3 years of failed peace talks, warfare, a devastating economic toll and violations of humanitarian law and human rights law, experts and humanitarian organizations are calling for an end to the war and for an end to arms supplies. A. Yemen and the Major conflicts The conflict in Yemen has been largely hidden. This “forgotten war” has not been a priority on account of other conflicts that are deemed more are pressing in Syria, Iraq and Libya. Yet by April 2018 The UN Office for the Coordination of Humanitarian Affairs, OCHA, said “…the country is now facing the worst manmade humanitarian crisis in the world.” In terms of conventional conflict deaths alone, Yemen falls into the top 10 conflicts in the world. Another measure is the number of people forced to flee within their country. This measurement agrees with conflict related death counts. Yet statistics do not capture the whole story. Some report from those working on the ground is needed. In 2016, Yemen became the second most famine-affected country in the world according to Norwegian Refugee Council and the World Health Organisation. B. The War in Yemen and the UN Beginnings of Conflict in 2011 and the UN backed Peace Plan The conflict has its roots in an Arab Spring uprising in 2011. The 2011 peace plan proposed by the Gulf Cooperation Council was endorsed by the UN Security Council. The plan persuaded Yemen’s longtime president Saleh, to hand over power to his deputy Hadi who was to lead a transition including a National Dialogue, a revised constitution and unified armed forces. Hadi was internationally recognized. Yet the Houthis and the Southern Movement boycotted his election. The Houthis are a Zaydi Shia insurgent group in Yemen that were involved in six wars with former President Saleh between 2004 and 2010. They have marginal links with Iran and have had some training by Hezbollah. The Southern Movement, associated with the Hadik, began in 2007. It is a movement to secede from Yemen. To these two factions should be added former President Saleh. He remained active politically and could call upon loyalty from some army commanders. Saleh formed an alliance with the Houthis in 2015 that ended when he was killed in 2017. Al-Qaida in the Arabian Peninsula, AQAP, formed in 2009 and exists in parts of the South. Islamic State is also present, but it is principally of non-Yemenis. The US has had continuing authority from the Saleh and then the Hadi government to make air and drone attacks on AQAP targets. Rebellion in 2014 and a UN Brokered National Partnership Agreement The peace process collapsed in 2014. A National Dialogue Conference took place January 2014 with a final document outlining its results and paving the way for a new constitution. This accord was not implemented. Neither the Houthis or Hadik supported the recommendation for a federal state composed of six regions. Hadi’s term as President was supposed to end, but it was extended for a year to allow preparation of a constitution. This added to unrest. A cutting of fuel subsidies in June 2014 triggered protests. On September 21 Houthi forces backed by Saled loyalists took the capital Sana’a. A UN brokered peace, and a National Partnership Agreement brought a 4-month end to fighting promising the Houthis and Hadik a role in government. War in 2015, Armed Intervention, the UN and the Impact on Civilians In January 2015 the draft constitution was released proposing 6 regions and a federal state. It angered the Houthis. The Houthis backed by military units loyal to Saleh occupied the palace, took over Sana’a and established their own government. Hadi escaped and fled South to Aden. The Houthis began a campaign Southward ostensibly against AQAP. As they approached Aden, March 24, the Hadi government asked for GCC intervention. Hadi fled to Saudi Arabia as the Houthi-Saled forces arrived at Aden. A coalition of 9 Arab countries led by Saudi Arabia (Saudi Arabia, the UAE, Bahrain, Egypt, Jordan, Kuwait, Morocco, Sudan and Qatar) immediately began an armed intervention. The coalition had US logistics and intelligence support. Both Saudi Arabia and the UAE sent ground troops into Yemen.The coalition began a naval and aerial blockade. The navel blockade aimed to block arms but the blockade also blocked fuel so that almost immediately there were shortages that impacted food and water supplies for civilians. There was a major humanitarian impact. The UN Security Council passed a key resolution 2216(2015) in April 2015. Although the resolution was framed in terms of peace and stability for Yemen, the specific criticisms were directed at the Houthis. The resolution declared support for the GCC’s efforts and it imposed an arms embargo on Saleh and the Houthis. Only the Houthis were called on to disarm. The resolution was passed under Chapter VII of the UN Charter, opening the door for international intervention and legitimizing the Saudi-led coalition’s military approach. The Resolution established a panel of experts to examine the arms flow. Legitimizing the military intervention without a way to protect civilian rights undermined local conflict resolution mechanisms and worsened the humanitarian crisis. The Bigger War in 2016, Air Strikes and a UN Attempt at Peace The year 2016 was dominated by war. On February 27, 2016 coalition air strikes killed at least 40 civilians in a market Northeast of Sana’a. In March the UN High Commissioner for Human Rights condemned the repeated killing of civilians in air strikes in Yemen and the failure of the Coalition forces to take actions to prevent their recurrence. In April 2016, UN brokered peace talks among Yemeni parties began in Kuwait. However, there were several beaches of the ceasefires, there were no breakthroughs and finally the initiative petered out in August. The situation described in the early 2017 Final Report of the UN experts says neither side of the conflict can win. There is reporting on the naval blockade that was largely working. Yet the Houthis had a capability to attack shipping with missiles. They were using anti-tank missiles and were firing ballistic missiles into Saudi Arabia. Many weapons initially came from the Yemeni army stockpile. There is evidence that the navel blockade intercepted some arms made in Iran 2015-2016. 2017, the On-Going Humanitarian Catastrophe The 2018 Final Report of the experts described 2017 Yemen as disintegrated into factions. The Houthis had taken over the Saled network following his death in December 2017. Saudi troops controlled the area around Mirab, and the UAE together with Hadi government troops had control around Aden. According to both the 2017 and 2018 Final Reports, there were violations of international humanitarian law, human rights law and norms by both sides. The air strikes carried out by the coalition and the indiscriminate use of explosive ordinance by Houthi-Saleh forces throughout much of 2017 continued to affect civilians disproportionally. Measures to lessen the devastating impact of these attacks on the civilian population were not taken. Both sides had impeded the distribution of humanitarian aid. The UN Security Council received a briefing 27 February 2018 by outgoing envoy Mr. Ahmed. He reported incessant military attacks on towns and along the Saudi border and missiles fired into Saudi Arabia. He described “the world’s largest man-made humanitarian crisis.” Questions about the formal peace Initiatives The UN did not pull all the Yemeni parties together to establish their peace process. There were early signs that the Houthis and the Southern Movement were not in full agreement. Once that initial peace process began, the UN pushed the roadmap of the GCC with its army consolidation, national consultation and constitution. The UN resolution establishing the arms embargo and allowing the armed intervention by the coalition blamed the Houthis rather than weaknesses in the original peace plan that could in principle have been addressed. An agreement might have been possible if the process better included the Houthis. The brief “National Partnership” peace struck by the UN on the ground in 2014 offered Houthis and Hadik a role in government. That produced a cease-fire quickly. When war resumed, there was the surprising coalition of former foes the - Houthis and former President Saleh. They set up an alternative government in Sana’a. So an agreement with the Houthis is possible. When the UN attempted a peace process by gathering parties at a meeting in Kuwait in April 2016, a year after the armed intervention, the President of the Security Council issued a statement that insisted on conditions. He recalled the GCC plan and all the earlier Security Council Resolutions. Not surprisingly, there were reportedly sticking points around the security arrangements from the Houthis. It seems a more stable peace process might be agreed upon by greater inclusion. C. The Calls for an End to Arms Sales to Saudi Arabia and the Way Forward As always, getting the parties to agree on a peace path is the first hurdle. This must involve the Yemeni parties and then the other States with interests. The Yemen arms embargo needs to be intensified. Difficulties in obtaining arms or ammunition bring some pressure on a party to the conflict. Arms supplies to Saudi Arabia should be stopped on account of the violations of humanitarian law and human rights law. Given the Reports of the Panel of Experts there is enough evidence that Saudi Arabia uses arms in violation of humanitarian law. Promotion of arms-limiting treaties like the UN Arms Trade Treaty can only help. Finally, it is important for humanitarian agencies to watch the UN Security Council where the details of the war can be seen and to advocate for measures that will begin or advance a more realistic peace process. The protracted work of a peace process is the only way to build an end to today’s terrible largely hidden wars like the one in Yemen. TOP Click:
Copyright 2018 All Rights Reserved