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DEFENDERS
25
On 25 March 2015 a coalition of forces led by
Saudi Arabia began a military invention via air
attacks in Yemen under the title of Resolute Storm,
and they declared that the military operations were
in response to the request of Yemeni president,
Mansur Hadi for the protection of the people and
country from the continued aggression of the
Huthis in accordance to the self defence principle
as stated in article 51 of the UN Charter, with all
necessary tools including military intervention.
The important question is whether this military
attack is legitimate in accordance to international
laws?
In this article 4 internal law, international law,
human rights and humanitarian law subjects are
reviewed.
a) Domestic Yemeni LawAspect
According to articles 37 and 38 of the Yemeni
Constitution, conditions that
allow the intervention of another
country for the stabilization of
the internal situation of Yemen,
have been considered in such
way that conform to existing
conditions. According to this law
for the legitimization of the use
of military force to stabilize the
internal situation of Yemen: first,
ratificationoftheparliament(article
37) and second: the ratification
of the National Defence Council
that’s headed by the president
(article 38).are required Article
37 states that: “following the
ratification the Shura Parliament,
declaration of mobilization of
forces is the responsibility of the
president,” although according to article 111 of the
Constitution, the president is the highest authority
of the armed forces, but he cannot independently
and without getting the approval vote of the Shura
Parliament, make any decisions regarding the
mobilization of forces and or the intervention of
other governments in the internal affairs of the
country, that include military intervention.
Furthermore and according to article 38 of
the constitution, the National Defence Council
supreme body had not convened prior to the attack
of the coalition forces, and had not made any
decisions in this regard.
Therefore the attack of the Arab coalition forces
on Yemen clearly, while violating the constitution
of Yemen, it violated international law principles
the resorting to force, interference in the internal
affairs of another country, the violation of the
sovereignty of Yemen, the three of which are
Legal Review of the Legitimacy of the
Current Military Intervention in Yemen
By: Majid Kiani-Nejad
Mahmoudreza Golshanpazhooh