Saudi officials claimed that their aggression against Yemen was based on the principle of self-defense, as explained in Article 51 of the Charter of the United Nations, by taking advantage of all necessary means, including military meddling.
The important question is whether this military assault is legal and legitimate in terms of international law? This issue can be assessed from three different viewpoints: Yemens domestic laws, international law and international humanitarian law.
- Domestic laws of Yemen
According to articles 37 and 38 of Yemens constitution, the conditions in which another country can meddle to stabilize the situation in Yemen do not conform to the status quo in the country. The constitution has mentioned two conditions, which may legitimize recourse to military forces of other governments in order to stabilize domestic affairs in Yemen: firstly, through parliamentary approval (Article 37), and secondly through approval of the countrys National Defense Council, which is headed by the president (Article 38).
According to Article 37 of the Yemeni constitution, The president is authorized to announce mobilization of the forces following approval of the parliament. Although the president of Yemen is, according to Article 111 of the constitution, the commander in chief of the armed forces, he cannot make an independent decision without getting the parliaments approval about mobilization of forces or intervention of other governments in the countrys internal affairs, including through military intervention.
On the other hand and based on Article 38 of the constitution, the National Defense Council had not convened any meeting before the Saudi Arabias aggression against Yemen to make a decision in this regard.
Therefore, the aggression launched by the coalition of Arab countries against Yemen has been in blatant violation of Yemens constitution and recognized norms of international law, and there is no legal ground in this case to justify resort to use of force, intervention in internal affairs of another country, and violation of the territorial integrity of Yemen, all of which are among international principles recognized by the UN Charter and the resolutions adopted by the UN Security Council.
2. International law
Since the UN Charter plays a pivotal role in measures taken by countries at international level, and since Saudi Arabia and its allies have mentioned this Charter to justify their aggression against Yemen, it is necessary to discuss and analyze relevant articles of the Charter in this regard.
In the first chapter of the Charter, Paragraph 3, Article 2, says, All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. This paragraph has explicitly forbidden recourse to non-peaceful means by the member states. Paragraph 4 of the same article has also specified that all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.
In Article 6 of its second chapter, the Charter says, A Member of the United Nations, which has persistently violated the Principles contained in the present Charter may be expelled from the Organization by the General Assembly upon the recommendation of the Security Council.
The aforesaid articles, in their totality, have explicitly denounced the use of force by member states of the United Nations against other members in a way, which would be inconsistent with the purposes of the United Nations (including protection of international peace and security). All the measures taken by Saudi Arabia in Yemen up to the present time have been totally inconsistent with the purposes of the United Nations.
The sixth chapter of the UN Charter is about peaceful settlement of disputes and has specified in Paragraph 1, Article 33 that all parties to any dispute should first of all seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. The notable point in this chapter is the way that the Security Council can intervene to settle such disputes. Accordingly, the Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means, (Para. 2, Article 33). Otherwise, the parties to a dispute (both parties, not just one party), shall refer it to the Security Council (Article 37). Of utmost importance is the role that has been assigned to the Security Council in the last article (Article 38) of this chapter according to which the Security Council may make recommendations to the parties with a view to a pacific settlement of the dispute.
The seventh chapter of the UN Charter (articles 39-51) is about threats to the peace, breaches of the peace, and acts of aggression. Article 51 of this chapter says, Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations.... Measures taken by Members in the exercise of this right of self-defense shall be immediately reported to the Security Council.
It should be noted that Saudi Arabias allegations about having responded to Mansur Hadis call for stabilizing the situation in Yemen cannot be accepted because before Saudis started their aggression against Yemen, he had resigned his post and his request, therefore, could not be taken as a basis to legitimize such an act of aggression. Saudi Arabia could have used this allegation as a reason for its military assault if, firstly, Hadi was still the president of Yemen, and secondly, Saudi Arabia had reported the situation to the Security Council and obtained authorization before starting its aggression. Mansur Hadi was not the legitimate president of Yemen, but was only legitimate as the official in charge of taking Yemen through its period of transition. Therefore, he could not have asked for Saudi governments intervention in Yemen as the legitimate president of the country. This issue can be also inferred from the Security Council Resolution 2204, in which he was never mentioned as the legitimate president of Yemen.
Also, Paragraph 1, Article 53 of the UN Charter has rendered the aggression against Yemen illegitimate and illegal as it binds countries to seek the authorization of the Security Council before conducting any operation against each other. This step was not taken by Saudi Arabian officials before their aggression against Yemen and this has been in blatant contravention to the Charter of the United Nations. It goes without saying that the Security Council has practically turned a blind eye to this blatant violation of Saudis by adoption of its Resolution 2216, dated April 14, 2015; an aggression which has so far killed innocent civilians and children and destroyed the infrastructure of Yemen. As a result, the aforesaid resolution has practically lost its legitimacy.
3. International humanitarian law
Heavy military attacks and bombardment of residential and nonmilitary areas in Yemen by Saudi aggressors have caused high casualties among civilian population, especially women, children and the elderly. At the same time, destruction of urban infrastructure like water and electricity services as well as hospitals has been among major goals pursued by Saudis in order to bring the Yemeni people to their knees. Such damage and aggression is in contravention to the League of Nations declaration of September 16, 1924, which was approved in support of children under the title of Geneva Declaration of the Rights of the Child. The aggression against Yemen also contravenes the Declaration of the Rights of the Child, adopted on November 20, 1959; the Declaration on the Protection of Women and Children in Emergency and Armed Conflict, adopted by the UN General Assembly on December 14, 1974; and Article 77 of the first Protocol Additional to the Geneva Conventions of 1977 on the protection of children against any form of indecent assault.
Meanwhile, UN General Assembly resolutions 2444 (XXIII) of December 19, 1968; 2597 (XXIV) of December 16, 1969; as well as 2674 (XXV) and 2675 (XXV) of December 9, 1970, have focused on the protection of human rights and basic principles related to the protection of civilians in time of armed hostilities.
While these unequivocal and binding instruments have banned any kind of aggression against civilians during hostilities among countries, Saudi armed forces are incessantly going on with such acts of aggression having the support of the United States and the UN Security Council, while their actions are being largely ignored by other Islamic countries.
