But the Coalition continued to shock. On the afternoon of 8 October 2016, a community hall near Yemen’s capital, Sana’a, was filled with about 1,500 men and boys, paying their respects at the public funeral of the father of Yemen’s Houthi appointed interior minister. At 3.30 pm, the packed event - high-profile and advertised on Facebook – was attacked by coalition aircraft, killing at least 84 and injuring at least 550.
Those not incapacitated by the first airstrike tried to save themselves by jumping out of second-storey windows, sustaining further injuries. Others stayed behind and were killed by the strikes that followed. As one of the injured victims, Esam Al-Rawishan (25) told a Mwatana researcher, “It never even occurred to me that they would bomb a funeral hall.”
When reflecting on whether or not to continue weapons sales after a massacre such as this, not many would arrive at the phrase “extremely finely balanced.” That is the wording Johnson used in an internal memo less than a month later when he communicated his recommendation for licenses to Saudi Arabia to continue.
The memo’s language, which characterises the continued supply of weapons to Saudi Arabia as a nuanced issue, implied the government was giving the decision the scrutiny it deserved. The truth later emerged in the course of litigation brought by the Campaign Against Arms Trade (CAAT): the government was not even studying individual airstrikes closely enough to take a view on whether they had violated international law. This flaw in process was so fundamental as to cause the UK’s Court of Appeal to quash the licensing decisions in June 2019 on so-called ‘rationality’ grounds – a notoriously difficult threshold to meet. The UK government has yet to decide whether it will grant further licenses to Saudi Arabia or suspend extant licenses – but the limits of the public law remedy ordered by the Court of Appeal have meant that transfers under old licenses are allowed to continue.
The CAAT decision is an important step and should be celebrated, but the UK government is currently appealing, and legal proceedings are slow and imperfect. While the case and others like it work their way slowly through judicial systems, Coalition airstrikes continue to kill and maim Yemeni civilians, often using western weapons.
A government led by Boris Johnson must also be subjected to rigorous parliamentary scrutiny, something that would be delivered by a properly constituted Select Committee. The last Parliament’s Committee on Arms Exports Controls ceased to exist when the general election was called in December 2019, and efforts are underway to push for a full Select Committee. It has been more than nine months since our organisations gave the government detailed, overwhelming evidence that the Coalition flouts international law and then whitewashes the consequences, yet the responsible minister has failed to respond.
As the litany of appalling civilian tragedies continues, we are calling for the UK Parliament to establish an arms exports Select Committee without delay. To highlight the urgent need for renewed scrutiny, we at Mwatana and GLAN are releasing the evidence, along with international law analysis and a formal submission, in anticipation of a much-needed Committee. Evidence like this needs to be actively considered and highlights the urgent need to ensure that this government adheres to its moral and legal obligations to deny licenses where there is a clear risk of the weapons being used in the commission of serious violations of international humanitarian law.
Boris Johnson’s 2016 memo – comprising seven lines - determined that licenses could continue because “the Saudis appear committed both to improving processes and to taking action to address failures/individual incidents.” Our submission shows that the government should never have relied on such worthless assurances, and that the UK has ample evidence that, without further action on the part of the UK and other arms-supplying states, coalition-inflicted tragedies have continued, and almost certainly will continue, for Yemenis.
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