Human Rights Watch said today that the Houthi rebels attack of two bulk carriers in the Red Sea earlier this month are violations of the laws of war amounting to war crimes. The Houthis sunk both ships, killing and injuring several crew members, and appear to be unlawfully detaining six rescued of them.
Niku Jafarnia, Yemen and Bahrain researcher at Human Rights Watch said ““The Houthis have sought to justify unlawful attacks by pointing to Israeli violations against Palestinians. The Houthis should end all attacks on ships not taking part in the conflict and immediately release the crew members in their custody.”
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.
On July 6, Houthi rebels forces attacked the Magic Seas, 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 rebels 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 attacks continued on July 8 and the ship sank on July 9.
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 rebels 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.
Houthi forces responsible for these two attacks violated the laws of, 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.
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.
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.
Human Rights Watch previously found that that Israel’s attacks on Yemeni port infrastructure could also be viewed as war crimes
“It is critical for concerned governments to recognize 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 Ship owner 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, emphasizing the need for urgent multilateral action to ensure maritime security.