US military staff 'risk prosecution' over Yemen support
US military staff 'risk prosecution' over Yemen support
A congressman has warned Washington that members of the armed forces could be prosecuted for war crimes in Yemen in its support for the Saudi-led coalition
3 min read
An attack on a funeral hall last month was one of the deadliest [Getty]
US military officials could be prosecuted over war crimes potentially committed by the Saudi-led coalition in Yemen, a congressman has warned.
Members of the armed forces could be held legally responsible by providing mid-air refuelling and other military support in the battle against Houthi rebels, Congressman Ted Lieu has told the Obama administration.
"I find it deeply troubling that the US apparently has no advanced knowledge of what targets will be struck by jets that are refuelled by US personnel with US tankers,"
he said in a letter to Secretary of State John Kerry and Defence Secretary Ash Carter.
"The US would appear to be violating LOAC [laws of armed conflict] and international standards by engaging in such direct military operations if US personnel are not aware if targets are civilian or military, if the loss of life and property are disproportional, or if the operation is even militarily necessary."
Washington launched a review of its support for the Saudi-led campaign against Houthi rebels after an attack on a funeral hall last month – one of the deadliest in the country – killed 140 people.
White House National Security Council spokesman Ned Price said at the time its support for Saudi Arabia "is not a blank check".
The coalition has been repeatedly accused of war crimes in Yemen due to the mounting death toll and an increasing number of attacks on civilians, including schools and hospitals, which it has described as "errors".
Members of the armed forces could be held legally responsible by providing mid-air refuelling and other military support in the battle against Houthi rebels, Congressman Ted Lieu has told the Obama administration.
"I find it deeply troubling that the US apparently has no advanced knowledge of what targets will be struck by jets that are refuelled by US personnel with US tankers,"
he said in a letter to Secretary of State John Kerry and Defence Secretary Ash Carter.
"The US would appear to be violating LOAC [laws of armed conflict] and international standards by engaging in such direct military operations if US personnel are not aware if targets are civilian or military, if the loss of life and property are disproportional, or if the operation is even militarily necessary."
Washington launched a review of its support for the Saudi-led campaign against Houthi rebels after an attack on a funeral hall last month – one of the deadliest in the country – killed 140 people.
White House National Security Council spokesman Ned Price said at the time its support for Saudi Arabia "is not a blank check".
The coalition has been repeatedly accused of war crimes in Yemen due to the mounting death toll and an increasing number of attacks on civilians, including schools and hospitals, which it has described as "errors".
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US personnel are now at legal risk of being investigated and potentially prosecuted for committing war crimes |  |
Lieu, a former air force lawyer, said the administration's insistence it is not taking part in the Saudi campaign's target selection did not excuse the US from legal responsibility.
He said: "US personnel are now at legal risk of being investigated and potentially prosecuted for committing war crimes. Under international law, a person can be found guilty of aiding and abetting war crimes."
Jeremy Shapiro, a former state department official and research director at the European Council for Foreign Relations, said the debate over Washington's liability was hypothetical as the US is not a member of the International Criminal Court and the internationally recognised Yemen government supports the Saudi intervention.
However Lieu told The Guardian that it was a "dangerous game to play. That we're going to violate the laws of war because no one is going to prosecute us", adding a future US administration could have a different view.
In response to the warning, a state department official said: "We are aware of congressional concerns regarding the conflict in Yemen and we too remain gravely concerned by its high toll, including civilian casualties and damage to infrastructure caused by all sides of the conflict.
"We continue to have internal policy discussions to ensure our limited support for the Saudi-led coalition is consistent with our foreign policy goals and values."
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