World Geostrategic Insights interview with Irina Tsukerman on war crimes and human rights violations in Yemen and whether we can draw comparisons with the war in Ukraine.
Irina Tsukerman is a human rights and national security lawyer based in the US. She is also a geopolitical analyst, President of Scarab Rising, Inc., a media and security strategic advisory firm, and the Editor-in-Chief of The Washington Outsider. Irina’s comments and articles have appeared in diverse domestic and international media and have been translated into over a dozen languages.
– While Russian bombings of maternity and other civilian targets in Ukraine have drawn public outrage as war crimes, the same has not been the case in the thousands of Saudi-led airstrikes targeting Yemeni civilians, attacks thar could also be labeled war crimes. According to a joint investigation published by the Washington Post, many Saudi-led airstrikes have used U.S. support. Moreover, as reported by a congressional watchdog, the U.S. government has not fully investigated its role in perpetuating human rights abuses in Yemen. So, many raise the issue of the double standards that exist in the international community, where some of the countries that strongly oppose Russia’s human rights violations in Ukraine are the very ones currently supplying arms to Middle Eastern countries accused of similar abuses and atrocities in Yemen. What is your opinion?
I think these situations are completely different and in evaluating them, it is wise to avoid comparisons based on incomplete or erroneous information. Some of the key differences between the situation in Ukraine and Yemen are as follows:
First, Russia entered into an unprovoked invasion of Ukraine in violation of international laws. It has backed separatists groups with weapons, training, political support, and push for independence. These separatists groups have no international recognition. It has supported these separatists groups in violation of Ukraine’s national sovereignty and territorial integrity; it has defied diplomatic pressure to avoid the war, unilaterally started a conflict, and deliberately attacked civilian targets. Moreover, according to reports, it has abducted hundreds of thousands of Ukrainian civilians to Russian labor camps, and some of its officials have made genocidal comments on social media. Its official media channels also engaged in rhetoric that Ukraine should not exist as a country or is not a real country, showing plans to take over Ukraine, which was facilitated by impunity to the illegal and violent Crimea annexation in 2014. Russia has promoted military officials who have engaged in war crimes such as targeting civilian populations and denied any wrongdoing whatsoever. Its attacks on maternity wards were intentional and avoidable. There were no legitimate military targets (not that the invasion itself had any legitimacy to begin with) in those facilities.
By contrast, Saudi Arabia had been asked by Yemen’s internationally recognized legitimate government to assist in putting down a violent uprising by Ansar Allah, a political party founded by the Houthi clan with Iran’s backing, political, financial, and military support in violation of Yemen’s territorial integrity and national sovereignty. Furthermore, the Houthis have presented a direct danger to Saudi Arabia’s own civilian population and economic interests placing landmines at the borders preceding the 2014 uprising and the 2015 KSA entry into the war; and since the start of the war launched Iran-made missiles and drones into KSA, leading to deaths and injuries of civilians, destruction of property, and damage to oil sites and infrastructure. Houthis, following the tactic of all Iranian proxies in the region, have used civilian sites as warehouses for sophisticated weapons, as launch sites for missiles, and as facilities for military personnel. They have also repeatedly taken civilians as human shields in hospitals, on the streets, and elsewhere. This has made civilian casualties from airstrikes unavoidable. To the extent, intelligence errors were made (also difficult to avoid during fluid situations where the adversary does not always wear uniform and takes human shields), Saudi Arabia has issued apologies and has made reforms to its procedures. US intelligence and collaboration has made such mistakes less likely; US has also provided KSA with training to improve its intelligence capabilities and assessments in the fields. When the adversary deliberately engages in illegal and unethical actions to maximize civilian casualties and to create bad optics, the full responsibility for the outcomes is on that party and not on actors who have to defend themselves and their allies against illegitimate foreign-backed aggression.
That is not to say that atrocities can’t happen in all war contexts by all parties, but the difference is that the Arab Coalition investigates such incidents and takes necessary steps to avoid war crimes, nor does it authorize any atrocities at a high level, whereas Russia and the Iran-backed Houthis do. Trying to evaluate incidents of individual rogue action versus mass atrocities committed systematically and strategically with ideological and formal government backing is not the appropriate lens for analysis. Both Russia and Houthis committed massacres which required approval and direction; airstrikes by the Saudis were aimed at military targets, but given the context, civilians were incidentally killed. There is no evidence of intentional targeting of civilians; in fact, KSA’s capabilities of avoiding civilian casualties have improved significantly over time. The Houthis by contrast have refused to cooperate on the removal of as many as 2 million landmines they have placed in civilian areas, with an obvious interest in continuing to maximize civilian casualties even during the truce. Regarding the US government’s watchdog, there are other human rights bodies that have been assessing the actions of UAE and KSA; it is not necessary for the US government to spend taxpayers’ resources in duplicating that work. That said, the US administrations have always had open and frank discussions with both countries and have not hesitated to raise questions about the situation in Yemen. Unfortunately, many of the bodies that have accused UAE and KSA violations had been influenced by information from Houthi, Muslim Brotherhood, and Qatari sources. Despite the Al Ula agreement, Qatar-backed think tanks and NGOs continue attacking the UAE and KSA on human rights issues in various contexts, not just Yemen.
– According to Human Rights Watch, the role of Saudi Arabia and the United Arab Emirates in human rights violations in Yemen goes far beyond mere airstrikes. For example, Saudi Arabia’s recent decision not to renew labor contracts for Yemeni professions could cause a mass forced repatriation of Yemeni workers and the collapse of Yemen’s economy. The UAE continues to support local forces that have arbitrarily detained, forcibly disappeared, tortured and abused scores of people during security operations. What are your thoughts on this issue?
Human Rights Watch has been a frequently unreliable commentator on the issue involving UAE and KSA; it has faced much criticism for the poor methodology, and biased reporting on various issues in general, from NGO watchdogs and analysts. Its founder has criticized the direction HRW has taken under Ken Roth, who has been linked with Qatari and Iranian sources with particular views on Yemen and has frequently repeated identical talking points with no clear evidence that could be independently verified or corroborated. Robert Bernstein accused the organization of poor research methods and relying on “witnesses whose stories cannot be verified and who may testify for political advantage or because they fear retaliation from their own rulers.”
Many of its reports in general have relied on information by other NGOs and have not engaged in independent corroboration (also true for other issues aside from Yemen); in some cases HRW has relied on extremely unreliable sources and merely repeated statements issued by other organizations. The level of bias in its sourcing and reporting makes its evaluations hard to take seriously. Even other human rights organizations have been critical of HRW under Ken Roth.
Regarding more specific organization, KSA’s labor decision is hardly comparable to allegations of torture and abuses by Houthis and other parties. Many of the laborers are hard to vet and present a security issue; KSA is already hosting a 2.5 million Yemeni diaspora, which has caused security issues in the border areas. Furthermore, it has recently made efforts to integrate more women into its labor force which naturally makes it more difficult to find employment for foreigners in general. An economic decision is not an example of human rights abuse even if it leads to difficulties for the labor force. The collapse of Yemen’s economy will not be due to this decision, however, but to the fact that for decades the Yemen government has employed corrupt officials who have mismanaged the economy and looted the treasure. The recent restructuring of the Yemen government is meant to address the issue of corruption and mismanagement which has been devastating for the economy, in large part by Al Islah (Muslim Brotherhood) governors and ministers. KSA has donated approximately $20 billion in humanitarian aid to Yemen; the fact that much of it has not been applied consistently is due to the mismanagement on the Yemen side, not due to KSA’s disinterest in helping Yemen’s economy.
UAE’s support for the STC has been instrumental in clearing areas of Yemen from Al Qaeda and Yemen presence; they have also proved to be a formidable response to Houthi aggression; STC has had a long standing conflict with Al Islah forces and their affiliates; all of these groups have had ideological opposition to the anti-Islamist local forces and to the Arab Coalition and every incentive to use the international ignorance of internal sectarian issues and inability to corroborate such accusations to attack UAE through human rights organizations and others. I have had an opportunity to engage with a number of international humanitarian and human rights NGOs involved in Yemen; many of them are not transparent about the information they receive from various parties; some of them have an inclination to take information from various parties at face value in return for access to specific areas; most have no way of verifying accusations and base their information on self-reporting. For that reason, I would take with a great deal of caution any information targeting UAE-backed forces, particularly any claims that there is any sort of systematic approach to torture. There has been no information showing any sort of central approach to violations against POWs; however, in the context of sectarian fighting, detentions of suspected fighters and intelligence operatives are quite common.
If the international community wants to see less accusations of abusive practices, it should be more hands on in providing direct assistance to Arab Coalition forces and their local counterparts in local operations against terrorist organizations. It should also provide more assistance in minimizing the impact of ideologically extreme factions. Finally, it should be careful in providing moral equivalence to all sides and parties in complex sectarian conflicts such as Yemen, as tempting as it may be to claim that all prisoners and all fighters are inherently the same and should be treated by the same standards, and while I agree that all efforts should be made to inculcate professional standards to war, fighters who are without uniform and who themselves are neither party to the Geneva Conventions nor themselves uphold the minimal standards of decent treatment of POWs, should not realistically expect the highest standard of deferential treatments in such situations.
– Houthi forces have also been accused of committing serious abuses. The record of abuses and war crimes committed by the Houthis is long and growing and includes arbitrary detentions, enforced disappearances, and torture. The group also abuses religious minority groups, unjustly condemns journalists and threatens to execute them, illegally bombs internally displaced persons, and forcibly displaces civilians. Houthi authorities have spread disinformation about the Covid-19 pandemic, subjecting civilians and health workers to risks. Can you describe the extent of human rights violations by the Houthis and their danger to the region?
It should be noted that Houthis represent a global and regional, not just a local, security and human rights threat due to their extreme ideology. Houthi slogan: “Death to America, death to Israel, curse the Jews” has reflected their tendency to indoctrinate generations of children into a hateful cult-like dogma, which in itself is a form of abuse. Houthis have recruited hundreds of thousands of children into combat in various roles; they have attacked civilians not only inside Yemen but in Saudi Arabia and KSA, and have offered assistance to Hamas in its attacks on civilians inside Israel during the May 2021 war. They have also created a risk of environmental disaster by holding a sinking oil tanker FSO Safer hostage near the port of Hodeidah, and threatening international maritime security and international energy trade near the Strait of Hormuz where 1/5 of all the global oil & gas supply passes. Houthis have also created a propaganda apparatus in Europe and the US, spreading indoctrination on campuses and through cultural centers typically funded by Iran and mirroring Iran’s own mechanisms of propaganda.
By pushing extremism, they increase the risk of violence in international communities where they reside. Concerning human rights violations, they have been extensive on all levels. Houthis pride themselves on being far more extreme than Iran while embracing the Islamic Revolution and assisting vigorous in Iran’s goal of getting a gateway to KSA and taking over the Two Holy Mosques. From putting millions of landmines around Yemen to outright erasing women from the public space with the use of female enforcers modeled after Iranian brigades, enforcing the guardianship system, depriving the women of education and the right to livelihood, and leaving vulnerable families without access to medicine or essential facilities, the Houthis have turned most of the North of Yemen into a virtual prison camp that rivals any totalitarian state. This includes even entering private homes to ensure that women are addressed according to Houthi regulations even inside their own houses.
Corruption and abuses of non-loyalists have resulted in famine, preventable epidemics such as cholera, in addition to the spread of COVID. Women are denied access to contraceptives and are forced to have large families without access to food, work, clean water, or medicine. As a result, children are literally starving to death, which has been well documented. Humanitarian aid mostly does not reach families who are not part of the Houthi support network. This means that the international community spends hundreds of millions of dollars in humanitarian assistance that never reaches its intended recipients; it is either expropriated by the Houthis for their own families or otherwise sold off to support the war effort.
Additionally, the Houthis practice racism that has a detrimental effect on the humanitarian situation, by providing preferential treatment to Hashemite families (alleged descendants of the prophet Mohammed) while enforcing the khums (one fifth) tax from the rest of the population to support these families. That contributes to poverty and to the oppression of tribes and families that do not claim such descent.
Entire villages are held hostage via child soldier recruitment; over a thousand women have been thrown in prison for social activism, human rights defense, or for being models and not adhering to Houthi doctrinal roles; in prisons they are frequently raped or are publicly accused of being prostitutes, isolating them from their conservative communities and increasing risks of forced recruitment or suicide. Houthis have taken control of the media; banning many outlets, harassing, arresting, murdering, and torturing to death journalists. Four journalists imprisoned by the Houthis are now at risk of imminent executions.
Other human rights defenders or just individuals from families unaffiliated with the Houthis face high risks of arbitrary detention and torture. Houthis demand high ransom for the release of such individuals, or as parts of prisoner exchanges where they frequently demand release of violent fighters in return for civilians. In addition, Houthis demand ransoms for the release of dead bodies to families for burials. I have heard testimonies from journalists who had been subjected to excruciating ordeals and torture and have returned with injuries that required surgeries and have made them handicapped. Similarly treatment is also doled out to other Yemenis. Houthi use of civilians as human shields and hostage taking as a form of blackmail of the Arab Coalition forces, the Yemen communities, and the West have been particularly dire. Houthis have abducted several former US State Department local employees; one died after extensive torture in dire conditions.
– The war in Yemen can be considered the world’s greatest humanitarian disaster. Why does international public opinion continue to seem rather indifferent to this tragedy?
There are several contributing factors to the general international indifference to the tragedy in Yemen:
First is the short-attention span; the war has lasted for 7 years, the headline cycle in Western countries is at best 24 hours for a major story; maybe a big local scandal will keep in the headlines for a few days. With multiple conflicts breaking out across the world, the media tends to jump from one story to the next; even the worst conflicts lose relevance quickly as new issues come up. The war in Ethiopia killed over a million people; yet nothing is known about it. The horrific events around the takeover of Afghanistan by the Taliban and the resulting humanitarian disaster are already all but forgotten. Unless the story is pushed consistently, the media won’t cover it and the world won’t pay attention.
Second, the conflict is far away, and despite having international significance, most in the US especially, but also in Europe do not perceive it as affecting them personally unless there is a major refugee crisis or some other impact on their countries and lives.
Third, the conflict is highly sectarian with many fluid and moving parts, actors, and factions that are poorly understood. It is hard to identify with and sympathize with a deeply fraught tribal society when disinformation about various sides is ample, and when the “sides” or issues are not well presented to gauge the short attention span of an average viewer. Even the humanitarian aspects of it are hard to fathom due the fact that there are controversies over what happens to the international humanitarian aid.
Fourth, most people do not understand that there are global aspects to the conflict such as the Iran/Houthi effort to spread a very extremist ideology around the world, and that their level of aggression has increased over time. It is expected that the current truce will not last permanently; Houthis have suffered heavy military losses in the last months of the conflict and were calling for a ceasefire in order to recuperate. They had been granted access to the airport and ports, which means Iran can continue to import weapons and advisers into the country. It is only a matter of time before the fighters regroup; currently given how much territorial control and international support they already have on the ground they have no incentive to accept terms for a permanent ceasefire, especially that given their level of radicalization no one will accept them into the government. But that also means that while the attention is away from Yemen, they can plot how to expand their impact transnationally; the more international impact Houthis have, the more they expect the international community to try to appease them and push for concessions on the ground. They also have no incentive to improve the humanitarian situation because it lines up with their ideology which relies on oppression and tribal distinctions. If the situation were to improve, the population might be more active in opposing their presence.
Fifth, UAE and KSA have been demonized by the media, propagandists, and human rights NGOs to such an extent that most people see the conflict as having no clear “good guys” and automatically have written off the conflict or the ability to settle the war or to resolve the humanitarian situation in any way. If people feel they can’t make a difference or the situation is completely uncontrollable, they stop paying attention. In addition, the US has been struggling with its own internal polarization and other problems; two years of COVID have taken a toll on everyone, and both Europe and the US are struggling with inflation and energy crisis which takes priority over international issues, while more developing countries are dealing with food shortage issues on top of everything else. Yemen is simply not a priority due to other more immediate problems.
Sixth, Finally while no one is particularly sympathetic to the Houthis, or, for that matter, to Iran, KSA and UAE have not been particularly effective in telling the story of Yemen beyond showcasing Iran’s support for the Houthi military operations and attacks, and most of that storytelling has been aimed at officials at the UN, US , and Europe. They have not really made their case to the people in their countries, and left it up to the international NGOs and media to tell that story. As a result, there is no clear “ask” outside sanctioning Houthis, but even that has lost momentum and has been muddled in the presentation and delivery to the international community. When there is no clear “push” for any specific action, the international public opinion cannot be shaped around anything specific that is doable. And when the conflict is poorly understood with very limited information making it into English, French, German, etc. And there is no clear data about the war in one place by any of the parties, no one will spend much time digging to find out what really is going on, much less what can be done about it.
Irina Tsukerman – Human rights and national security lawyer.
Image Credit: EPA