Splash247: Houthi attacks branded war crimes by Human Rights Watch

The Houthi armed group in Yemen attacked two bulk carriers in the Red Sea earlier this month, which NGO Human Rights Watch said today are violations of the laws of war amounting to war crimes. The Houthis sunk both ships, killing and injuring several crewmembers, and appear to be unlawfully detaining six rescued crewmembers. The NGO has also said that Israel’s attacks on Yemeni port infrastructure could also be viewed as war crimes.

The Houthis, who have controlled most of Yemen since 2015, sought to justify the attacks as part of their hostilities with Israel which began in October 2023. Human Rights Watch found no evidence that the ships were military targets under relevant laws of armed conflict. In addition, neither ship bore any connection to Israel nor was heading there. One had recently delivered humanitarian aid to Somalia.

“The Houthis have sought to justify unlawful attacks by pointing to Israeli violations against Palestinians,” said Niku Jafarnia, Yemen and Bahrain researcher at Human Rights Watch. “The Houthis should end all attacks on ships not taking part in the conflict and immediately release the crew members in their custody.”

On July 6, Houthi naval forces attacked the Magic Seas (pictured), a Greek-operated, Liberian-flagged bulk carrier, about 51 nautical miles southwest of the Houthi-controlled port of Hodeidah. United Kingdom Maritime Trade Operations (UKMTO), a voluntary reporting program between merchant vessels and military forces in the Red Sea and Indian Ocean area, reported that multiple small craft fired rocket-propelled grenades at the Magic Seas, causing a fire onboard. A passing merchant vessel rescued the ship’s 22 crewmembers, who had abandoned ship. The ship sank the next day.

On July 7, Houthi naval forces attacked a Greek-owned, Liberian-flagged commercial vessel, Eternity C, just west of Hodeidah. UKMTO reported that a small craft deploying multiple rocket propelled grenades fired on the vessel just west of Hodeidah. The Houthis issued a statement that naval drones and six cruise and ballistic missiles attacked the ship. The attacks continued on July 8 and the ship sank on July 9. 

Eternity C had a crew of 25 with at least four killed and six taken hostage by the Houthis. Houthi spokesperson, Yahya Saree, stated that Houthi forces had rescued several of the ship’s crew members and provided them with medical care and moved them to a safe place. However, it appears that the Houthis are still holding them unlawfully. 

The Houthis stated that the attacked ships and their operating company violated the Houthi ban on dealings with Israeli ports and refused calls to stop. However, the Magic Seas was en route to Turkey from China and was carrying fertilizer and steel billets, while the Eternity C was en route to Saudi Arabia from Somalia after delivering humanitarian aid for the United Nations World Food Programme. The Houthis did meet the international law requirements for a lawful naval blockade, Human Rights Watch said.

Human Rights Watch reviewed videos and photos the Houthis posted on social media showing their forces attacking and sinking the two ships. One video includes audio of a conversation, whose authenticity Human Rights Watch could not confirm, with the Houthis ordering the Magic Sea’s crew to stop the ship. The video shows Houthi forces apparently boarding the ship, and several subsequent explosions across the ship before it sinks. Another video appears to show attacks on Eternity C and its subsequent sinking. 

Since November 2023, the Houthis have attacked dozens of merchant ships in the Red Sea, actions Human Rights Watch previously found to constitute war crimes. The Houthis previously detained 25 crewmembers of the Galaxy Leader, a British-linked and Japanese-operated vehicle carrier registered in the Bahamas, and seized the ship. They held the crew for 14 months and continue to hold the ship, although the car carrier is now likely a total loss having been bombed by Israeli aircraft earlier this month.

The 1994 San Remo Manual on International Law Applicable to Armed Conflicts at Sea, which is widely viewed as reflecting customary laws of war, strictly limits attacks to military objectives. Merchant vessels are civilian objects not subject to attack unless engaged in belligerent military acts for the enemy, carrying troops or military materials, or presenting an immediate threat to the attacking vessel. All vessels engaged in humanitarian missions are exempt from attack. 

Houthi forces responsible for these two attacks violated the laws of war applicable to the armed conflict between the Houthis and Israel, according to Human Rights Watch. They deliberately attacked commercial vessels that could clearly be identified as civilian, were not engaged in belligerent activities, and posed no military threat to Houthi forces. Detaining rescued crewmembers is also prohibited. 

“Commanders who willfully order or carry out these unlawful attacks, mistreat detainees, or are liable as a matter of command responsibility, are responsible for war crimes,” the NGO stated in a release. 

The attacks pose long-term environmental threats to the region, Human Rights Watch said. Wim Zwijnenburg, an analyst at PAX, a Dutch NGO, said that satellite imagery shows large oil slicks trailing from the areas where both vessels sank. He said the oil slicks are threatening wildlife in Bera’Isole, a protected nature reserve on Eritrea’s coast and host to a fishing community. He added that as of July 22, PAX had “seen oil slicks washing ashore near the small fishing community of Idi” as well.

Dr Abdulqader Alkharraz, a former Yemeni government environmental specialist, said that Yemen was still suffering from the environmental, livelihood, and health risks of previous Houthi attacks such as the sinking of the Rubymar, a Belize-flagged bulk carrier sunk on March 2, 2024. The ship was carrying 21,000 tons of hazardous chemical fertilizers. 

Customary international humanitarian law provides that warring parties need to respect the protection and preservation of the natural environment. All feasible steps should be taken to minimise environmental harm. Using methods or means of warfare that are intended or can be expected to cause widespread, long-term, and severe damage to the natural environment is prohibited.  

Israeli forces have deliberately attacked critical infrastructure in Yemen, including Hodeidah’s port, which is the entry point for most humanitarian aid in Yemen, and Sanaa airport. The Houthis have also deliberately and indiscriminately attacked civilian areas and civilian infrastructure in Israel, including Tel Aviv airport. Human Rights Watch previously found that both Houthi and Israeli attacks may amount to war crimes.

“It is critical for concerned governments to recognise war crimes, regardless of which party is responsible,” Jafarnia said. “Governments urgently need to address the humanitarian impact of the abuses and quickly clean up the oil and chemical spills resulting from the sunken ships to mitigate environmental disaster.” 

A joint statement from the International Chamber of Shipping, BIMCO, INTERTANKO, INTERCARGO, and the European Community of Shipowner Associations described the attacks earlier this month as “callous”, urging global stakeholders to protect seafarers and uphold the freedom of navigation in this vital sea lane. Arsenio Dominguez, the secretary-general of the International Maritime Organization, has also voiced grave concern, emphasising the need for urgent multilateral action to ensure maritime security.