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Dear Sayyid Abd al-Malik,

Human Rights Watch is writing to acknowledge receipt of your fax communication of June 22, 2009 in which you indicated that the forces under your command will respect the laws of war in the conduct of any hostilities with government or other forces. This followed a Human Rights Watch recommendation, in our November 2008 report, Invisible Civilians, that urged Huthi forces to treat all persons under your effective control, including displaced persons, in accordance with international humanitarian law and human rights principles.

We welcome the commitment expressed in your fax, and we take that as a recognition on the part of the Huthi leadership that it is bound by article 3 common to the four Geneva Conventions of 1949, the Second Additional Protocol of 1977, to which Yemen is party, and customary international humanitarian law. This includes an obligation to distinguish at all times between civilians and combatants, and never to launch attacks that target civilians and not conducting attacks that cause indiscriminate or disproportionate loss of civilian life and property. International humanitarian law also obliges the Huthis, as it does any party engaged in armed conflict, to facilitate supplies of food, fuel, medicines, and other essential humanitarian goods to civilians suffering hardship, including displaced persons.

When Human Rights Watch visited Yemen in July 2008, government restrictions prevented us from traveling to Sa`da and other areas of conflict to assess the compliance of government forces and Huthi forces with the laws of war. Our researchers did, however, gather information on the fifth round of fighting (May 5 - July 17, 2008) that included allegations of serious laws of war violations by both sides, including the use of children under 18 in combat, use of anti-personnel landmines in civilian areas, and taking civilians hostage. Both sides also failed to facilitate humanitarian access to areas under their control.

Since your message of June 22, armed conflict has erupted once again in Sa`da governorate and other areas in northern Yemen. We urge you to take all necessary measures to ensure that in this fighting Huthi forces comply with their obligations under the laws of war, and to investigate and appropriately discipline any persons fighting with the Huthis who order or carry out actions that violate international law.

Thank you for your attention to these important matters.

Sincerely,

Joe Stork

Deputy Director

Middle East and North Africa division

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