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In post-conflict Yemen, the pen must be mightier than the sword Open in fullscreen

Omar Mashjari

In post-conflict Yemen, the pen must be mightier than the sword

Education must be a top priority for a post-conflict Yemen [Getty]

Date of publication: 3 November, 2017

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Comment: Only strict adherence to the rule of law can guarantee a lasting peace, writes Omar Mashjari.
Yemen is on its knees. As the world's "forgotten war" rages into its third year, there are no signs of a clear breakthrough for either side.

Already ravaged by water scarcity, famine and cholera, the impoverished nation teeters on the brink of collapse. On the ground, atrocities are committed by all sides, while few meaningful steps are being taken to hold anyone accountable for the crimes against the people of Yemen. 

The complexity of the heavily politicised conflict, involving multiple foreign actors and interests, means that an end to the suffering seems distant. In a recent address at the United Nations General Assembly in New York, ousted Yemeni President Abd-Rabbu Mansour Hadi told the world that a military solution seems more likely than a political one.

But whatever the final means, the Yemeni civil war will eventually have to come to an end.
When the war ends, the daunting task of rebuilding the country begins, with the aim to cement a lasting peace


Western governments are broadly supportive of Hadi's claim, while similar allegiances exist between the opposing Houthis and the Iranian government. Regional and international interests have led to a status quo where thousands die each year both directly from the conflict, and indirectly through a worsening humanitarian crisis that is simply not being addressed.

When the war ends, the daunting task of rebuilding the country begins, with the aim to cement a lasting peace. This period will be decisive for the future of the nation, and crucial questions must be asked. How can we break the cycle of violence? How can we ensure that future generations of Yemenis are not subject to the scourge of war? How can things simply go back to the way they were?

Many modern wars in the Middle East have been characterised by widespread violations of international law by all parties, and the conflict in Yemen is no different. Attacks against civilians, the recruitment of child soldiers and arbitrary detention are just a few of the various violations taking place on daily basis throughout the country.

Even more worrying is the prevalent impunity for those committing these crimes. Yemenis are left with no real security and are subject to the whim of whoever happens to seize power in their area, as harsh punishments are meted out to journalists and activists who speak out against abuses, with international law rarely being upheld.
 
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Lessons can and must be learned from another country thrown into turmoil after the Arab Spring.

In Libya, after the revolutionary forces overthrew Colonel Gaddafi, they failed to rein in the militias and hold people accountable for crimes committed throughout the revolution.

Emboldened by their impunity, the armed militia failed to disperse, operating above the law. While the international community lost interest, armed groups disrupted the fledgling democratic process, and the country lapsed into a second civil war.

So how can Yemen avoid the pitfalls of Libya? A large part of the answer lies in the rule of law. The idea that no man or woman is above the law must permeate throughout Yemeni society, providing justice for all citizens.

War criminals cannot be allowed to walk free and continue to undermine Yemeni society; they must face justice before the courts in Yemen or abroad. The international independent investigation established by the UN Human Rights Council is a first step to this process, yet it remains to be seen how effective this mechanism will be. Concrete decisions need to be taken to ensure justice. 
If nefarious armed actors are held accountable, any government in post-conflict Yemen will have a greater chance of ruling effectively and fairly


Secondly, the post-conflict government should prioritise the creation of a functioning system of governance which aligns itself with human rights law. Fairness breeds trust in formal institutions, which is lacking in Yemen. Whichever party wins the war will hope to unify the Yemeni people, and governance in accordance with international law can help bring the people together after years of violence.

If nefarious armed actors are held accountable, any government in post-conflict Yemen will have a greater chance of ruling effectively and fairly.

Lessons should be learned from Libya, which rushed into a transitional process without correctly establishing a reliable foundation upon which the country could be rebuilt. A peaceful and prosperous society must be rooted in fairness. Justice cannot exist while staring down the barrel of a gun.

Achieving this will no doubt prove difficult. Those committing the violations of international law are powerful, protected by their influential positions and dedicated supporters. Providing total justice for the countless crimes committed in Yemen during the civil war is likely impossible, yet the principle still stands.

Law binds a society together, safeguarding citizens from those who would see themselves above the authority of the state. For a country whose citizens have become all too accustomed to violence, the epilogue to the Yemeni civil war should be a long-lasting peace, rooted in the rule of law.

Omar Mashjari is a British-Yemeni lawyer and writer, and the Executive Director of Adalah Yemen, the country’s first legal NGO. He has previous written for a number of publications including the Huffington Post, Fair Observer and the Guardian.

Follow him on Twitter: @OmarMashjari

Opinions expressed in this article remain those of the author and do not necessarily represent those of The New Arab, its editorial board or staff.

 

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