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To counter injustice with legal interventions – this is the aim and daily work of the European Center for Constitutional and Human Rights (ECCHR).

ECCHR is an independent, non-profit legal and educational organization dedicated to enforcing civil and human rights worldwide. It was founded in 2007 by Wolfgang Kaleck together with other international human rights lawyers, in order to protect and enforce the rights guaranteed by the Universal Declaration of Human Rights, as well as other declarations of human rights and national constitutions, through legal means.

Together with affected persons and partners worldwide, ECCHR uses legal means to end impunity of those responsible for torture, war crimes, sexualized violence, corporate exploitation and fortressed borders.

08.10.2019

The case against UAMA and RWM Italia is not about negligence, it's about Italy's role in deadly Saudi/UAE-led-Coalition airstrike

European responsibility for war crimes in Yemen

Berlin/Rome/Sana’a, 8 October 2019 – Exactly three years ago a family of six was killed in an airstrike by the Saudi/UAE-led military coalition in Deir Al-Hajari in Northwest Yemen. Those killed in the strike included a pregnant woman and her four young children. Bomb remnants were found at the site of the attack, including a suspension lug manufactured by RWM Italia S.p.A., a subsidiary of the German Arms Manufacturer Rheinmetall AG. In April 2018, the European Center for Constitutional and Human Rights (ECCHR), together with its Yemen-based partner Mwatana for Human Rights, and Italian-based Rete Italiana per il Disarmo, submitted a criminal complaint on the case.

After more than a year and a half of investigations, the Italian Public Prosecutor’s Office in Rome, instead of carrying out a complete assessment of the role of Italy and an Italian weapons manufacturer’s potential role in crimes in Yemen, has decided to request a dismissal of the case. The three organizations will appeal the Prosecutor’s decision, as the case - and Yemeni victims - deserve a proper investigation of Italy’s role in the devastating Saudi/UAE-led coalition attacks, which continue to kill, wound and gravely harm civilians.

“The decision by the prosecutor is incomprehensible. This case is not about mere business or improper commercial advantages, it’s about Italy’s potential responsibility for crimes committed in Yemen. The Saudi/UAE-led coalition has killed and injured thousands of civilians since 2015 in indiscriminate and disproportionate attacks in Yemen, fueled by arms exports from Europe. If RWM Italia managers and officials of the Italian National Authority for the Authorization of Arms (UAMA) are complicit in crimes committed the Saudi-led coalition and their partners, they must be held accountable”, the civil society organizations said in a joint statement. They argue that:

  • When looking at the offence of abuse of office (under Article 323 of the Italian Criminal Code) documents from the investigation show that still in November 2017 arms exports to Saudi/UAE-led coalition members were granted, despite the documentation of serious violations of international humanitarian law and grave human rights abuses committed by the Saudi/UAE-led coalition. The documents show that the decision making process carried out by the UAMA was not in conformity with Italian Law, the EU Common Position on arms exports and the Arms Trade Treaty.
  • The prosecutor confirmed that the RWM Italia suspension lug found at the scene of the Deir Al-Hajari attack may have been exported in November 2015, at which point UN bodies, international NGOs and Yemeni organizations had documented repeated Saudi/UAE-led coalition violations.
  • The prosecutor insufficiently examined whether the exports by RWM Italia and their licensing amount to criminal conduct on the side of RWM Italia or the UAMA.

cases

Yemen

European responsibility for war crimes in Yemen

War crimes

In October 2016, an airstrike – alleged to have been carried out by the Saudi-led military coalition – struck a civilian home in the village of Deir Al-Hajari in northwest Yemen. The intentional directing of attacks against the civilian population amounts to war crimes. ECCHR is taking legal action against this.

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Anabel Bermejo
T: +49 30 69819797

Michelle Trimborn
T: +49 30 40109454

M: presse@ecchr.eu

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