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State Crime and the Rule of Law: Suppression of Insurgency in the Yemeni Conflict

Wed, Nov 12, 11:00am to 12:20pm, Tulip - Second Floor

Abstract

Yemen has seen increased counter-insurgency operations aimed at reducing the combat effectiveness of Houthi Rebel forces. These operations have been conducted by multiple state actors concerned with neutralization of both proximate and distal threats posed by insurgent forces within the theater of operation. Unfortunately, these counter-insurgency operations have raised concerns regarding human rights violations as well as violations of the Laws of Armed Conflict. Building on Badalič’s work on preventive warfare (2024) and Rothe’s theoretical framework of State Criminality (2009), this ongoing conflict was analyzed as it relates to both jus ad bellum and jus in bello embedded within international norms. The ACLED dataset was used to analyze counter-insurgency operations conducted by various state actors within this particular theater of operation to explore the targeting practices, nature of forces employed, and conduct of operations as they align with international law and accepted counter-insurgency strategy and tactics. The analysis shows that there are concerning issues with the conduct of warfare by multiple parties as well as violations of human rights as established by customary international law. Specific incidents as well as overarching strategies are discussed as they relate state crime and violations of customary international law of human rights.

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