[Peace] American Bar Ass'n presses Congress to end Saudi war in Yemen on NDAA

[Robert Naiman]

https://www.americanbar.org/content/dam/aba/administrative/government_affairs_office/aba-fy20-ndaa-oct-19.pdf

October 25, 2019
The Honorable James Inhofe, Chairman
The Honorable Jack Reed, Ranking Member
Committee on Armed Services, United States Senate, Washington, DC 20510

The Honorable Adam Smith, Chairman
The Honorable Mac Thornberry, Ranking Member
Committee on Armed Services, U.S. House of Representatives, Washington, DC
20515

Dear Chairman Inhofe, Ranking Member Reed, Chairman Smith, and Ranking
Member Thornberry:

On behalf of the American Bar Association (ABA), I express our support for
several provisions of the House version of the National Defense
Authorization Act (NDAA) (H.R. 2500) for FY2020. *Specifically, we urge you
to retain the provisions in the final FY2020 NDAA which address the war in
Yemen (H.R. 2500, Sections 1099X and 1270).* We also urge the retention of
the provisions regarding the killing of Saudi journalist, Jamal Khashoggi
(H.R. 2500, Subtitle K).

The ABA,which is the largest voluntary association of lawyers and legal
professionals in the world, regards human rights and the rule of law as
cornerstones of a free and just society and is committed to strengthening
them in the United States and internationally. In August, we adopted policy
urging the United States to enforce fully and consistently the Arms Export
Control Act (AECA) and the Foreign Assistance Act (FAA), particularly the
human rights provisions thereof. The House-passed version of the NDAA
contains several provisions that would help ensure compliance with both
these laws and respect for human rights as they relate to hostilities in
Yemen.

As you know, the conflict in Yemen has created the largest humanitarian
disaster in the world today, with over 14 million people at risk of famine.
According to the UN Panel of Experts on Yemen, serious violations of
international law have been committed by many parties to the conflict,
including the Saudi-led coalition.1 These violations have been at times,
according to the panel, “widespread and systematic” and resulted in
thousands of civilian deaths.2

International law prohibits indiscriminate or disproportionate strikes on
civilians and the use of force in a manner that is not necessary to achieve
legitimate military objectives. Section 3 of the

October 25, 2019
Page 2 of 3

AECA requires the suspension of security assistance to partners who use
U.S. assistance for unauthorized purposes, including the use of force in a
manner that is not necessary and proportionate to legitimate self-defense
needs.3 The FAA prohibits the provision of security assistance to
governments that engage in a consistent pattern of gross violations of
internationally recognized human rights or restricts the delivery of U.S.
humanitarian assistance.4

*Section 1099X*

Section 1099X of the House-passed NDAA would prohibit for one year the
export of air-to-ground munitions to the Kingdom of Saudi Arabia and the
United Arab Emirates. The UN Panel of Experts identified incidents where
U.S.-origin air-to-ground munitions were used by the Saudi-led coalition in
strikes that were “almost certain[ly]” illegal.5  Human Rights Watch
recently reported that unlawful strikes by the Saudi-led coalition continue
to occur.6 Inclusion of Section 1099X as currently drafted in the final
bill would help ensure compliance with the AECA and FAA, as well as the
United States’ international treaty obligations.

*Section 1270*

Several provisions in Section 1270 of the House-passed bill would also help
ensure compliance with the AECA and the FAA. Section 1270N would prohibit
in-flight refueling for the next two years to non-U.S. aircraft engaged in
hostilities in Yemen. The Saudi-led coalition relies on U.S. in-flight
refueling to carry out airstrikes in Yemen. The UN Panel of Experts
identified a significant number of unlawful airstrikes by the Saudi-led
coalition.7 This provision is needed to ensure that U.S. assistance is not
used in furtherance of unlawful strikes. Section 1270F would prohibit the
use of special-acquisition funds to support the conduct of hostilities in
Yemen. Section 1270G would ensure that the Congress has the opportunity to
review proposed sales of defense articles to the Kingdom of Saudi Arabia
and the United Arab Emirates. Section 1270H would prohibit support for
certain military operations in Yemen, including the provision of spare
parts that could be used in unlawful airstrikes.

*Subtitle K*

The ABA policy adopted in August also urges the United States to impose
sanctions and other appropriate punitive measures against every person
directly or indirectly responsible for the murder of journalist Jamal
Khashoggi and to seek their prosecution in proceedings that are consistent
with international law. Subtitle K of the House-passed bill would begin
that accountability process. It would require the Director of National
Intelligence to submit a report to Congress to determine those responsible
for or complicit in the killing and would revoke or deny visas for those
individuals.

October 25, 2019
Page 3 of 3

The aforementioned provisions of the House-passed NDAA send the message
that the United States is committed to the just rule of law and
accountability for serious violations of international human rights and
humanitarian law. We urge you to include them in the final NDAA for FY 2020.

Sincerely,

Judy Perry Martinez

1 Final Report of the Panel of Experts on Yemen in accordance with
paragraph 6 of Resolution 2266 (2016), January 23, 2017, S/2018/193,
https://www.undocs.org/S/2018/193.
2 id. at 3
3 22 U.S.C. 2753(a). See also Michael Newton (LTC U.S. Army ret.), An
Assessment of the Legality of Arms Sales to the Kingdom of Saudi Arabia in
the Context of the Conflict in Yemen, VANDERBILT LAWRESEARCH PAPER NO.17-26
(19 May 2017).
4 22 U.S.C. 2204(a)(2).
5 UN Panel of Experts report, supranote 1, at 34.6 World Report 2019, Human
Rights Watch,
https://www.hrw.org/world-report/2019/country-chapters/saudi-arabia. 7 UN
Panel of Experts report, supra note 1, at 45.
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