Criminal Court conscience accuses the Saudi regime of committing war crimes in Yemen

(  Tribunal in session at Beirut , May 2016 )

  Prosecutor General of the  International Criminal Tribunal of  Conscience

For the Middle East                                                        ….. Complainant


1.Salman bin Abdul  Aziz   , King of Saudi Arabia

Mohammed bin Nayef , Minister of Defense of the Kingdom of

   Saudi Arabia                                                                           ….. Accused

CORAM : Judge Niloufer Bhagwat ( President )

                          Judge Mohamed Baccar

Judge  Lilia Solano

                         Judge RatibaMiladi

     Prosecutor   General : Professor ( Dr. )Mohamed Tay

   Counsel for the People of Yemen :  Mr. El Khatib, Mr. Rafiq  Haji,

                                                               Mr. Najah  Wakim

   Amicus Curiae:    Mr. Said Alameh , Ms. MirwatHarake, MsNahlaAbdou

1.The raison d’etre  of the Tribunal   of  Conscience for the Middle East       

1.1  This Tribunal of Conscience has been convened at a time  when  a number of  heads of states,  political leaders, and  civil and military officials at the highest level of these governments  and their financiers in different regions of the world, have lost their conscience. The  same serial offenders   have established  a network  of criminal global and regional military alliances , acting  with impunity  to shore up collapsing  economic and financial  systems and  corporate fortunes ; waging serial wars of aggression, committing genocide, war crimes, and crimes against humanity, to facilitate pillage and control of resources, including hydrocarbon resources , disrupting the life of millions  in the attempt to  control  different regions  strategic for oil and gas pipelines; while simultaneously waging oil price wars, and financial and currency wars on the entire world ; camouflaging some of  the wars in the Arab world as “ sectarian warfare”, when the victims are from all denominations . This period  recalls the destruction of several regions of the world in the First and Second World Wars.

1.2  We  have no choice except to confront the truth , that the world’s legal and justice systems have abysmally failed to  protect the people of  smaller nations  in different  regions , with   few exceptions, such as the trials held  for genocide, war crimes and crimes against humanity  in Bangladesh of its own citizen; the trial for genocide in Guatemala, among others, of its former President; and the trials  and recent  conviction against a few of  those still alive and indicted for  torture, killings and disappearance in ‘ Operation Condor’ , in Argentina . The trials of the Security Council constituted   special Tribunals for Rwanda , Yugoslavia among others, have been criticized by some jurists  as serving  the geopolitical interests of dominant NATO  members of the  Security Council , whereas  the International Criminal Court  significantly has not yet  included in its statute  the  crime of ‘waging an aggressive war’ though recommended, despite the fact that the ‘Nuremberg Principles’ have been adopted by  General Assembly  Resolution  95(1) of 11th December 1946, and constitute ‘jus cogens’ , that is  peremptory norms of International Law,  applicable to all states and  are also   universally  accepted  principle  of   customary International Law. The  International Criminal Court   has  restricted   ‘jurisdiction’  by its statute to those who are signatories to the statute, likewise  the International Court of Justice also lacks wider jurisdiction. The International Criminal Court has  been critiqued  for  having  focused  predominantly   on  cases  from  Africa , overlooking serious war crimes of the  US led NATO  alliance, and its regional partners.  Several countries have been  reduced to rubble in country after country attacked, with populations  displaced  internally or across international frontiers as a consequence of war ;  victimized as refugees  for a second time, suppressing the historical truth that whole continents of Indigenous people  were  populated for over four centuries  by  those escaping economic destitution, persecution  and  religious wars in  Europe .

1.2 In this vacuum , courts or ‘Tribunals of Conscience’  have been the only forum  available to people of these  desperate nations and regions targeted for looting ,  destruction , depopulation, fragmentation or restructuring by military or other means; to  record the truth,  to revive the conscience and opposition  of  humanity , the real victims everywhere,  as wars    bankrupt   countries waging war and those countries which are victims, leaving intact or enhancing private and corporate fortunes.

1.3  The backdrop to this trial is that a  coalition of forces overt and covert, are  waging wars of aggression  in this region , to pillage  the resources of the  Arab  peoples, commencing with the war of aggression on Iraq;  all of whom are liable  for  waging  wars  of aggression , overt and covert , and for  other crimes  in their own turn ; though in this trial it is the accused , Salman  bin Abdul  Aziz , the King of Saudi Arabia, and Mohammed bin Nayef, the  Defense Minister of the Kingdom of Saudi Arabia,  in whom  absolute powers for  war and peace vest, as per submissions made by  the  Prosecutor General  and  Counsels for the people of Yemen, Iraq , Syria and Lebanon, who have been indicted in written complaints lodged with this Tribunal .

1.4  The  rules of evidence of  the  Nuremberg Tribunal  have been broadly followed by the Tribunal, as  this is  equally  a war torn region, facing absolute destruction and  chaos , with disruption of communications and civilian life,  swarming with refugees ; as  Europe  was   and as were  several  parts of Asia and Africa  in  the aftermath of the Second World War,  when the  War Crimes Tribunals at   Nuremberg and Tokyo were established  by the Allied powers.

2.Nature of Complaints Lodged

2.1   Two detailed complaints were lodged by the Prosecutor General  Professor  Dr. Mohamed Tay with the Tribunal . The first complaint  on behalf of the victims and people of Yemen relates  to waging a war of  aggression . genocide, war crimes , crimes against humanity and the violation of the 1954  Hague Convention on Cultural Property among other conventions committed in Yemen, by the two  accused; and the second complaint submitted on behalf of the people of Syria , Iraq and Lebanon against the same accused, relates to the satanic activities of ISIS/ISIL/DAESH and the AL Nusra Front , among  other such organizations, in  these countries, and  the arming, training,  funding and financing of these  terrorist mercenaries by the  Head of state  of the kingdom of Saudi Arabia. and  its Defense Minister , along with their allies , in  a criminal   conspiracy to  wage  overt and covert  wars   in these countries , causing death , destruction and  havoc; with  absolute social regress  and  descent into barbaric criminality in regions under the control of mercenary  terrorist ‘Wahhabi’ organizations, and special forces of several countries ; where extreme and primitive torture of citizens, including of soldiers on duty ; human and sexual slavery on an unprecedented scale, including the sale of female children as sex slaves ; taking  hostages of civilians and killing  of  the minority population;  imprisonment of civilian prisoners taken by mercenaries  in cages ;physical mutilation and  desecration  of dead bodies , among other barbaric atrocities  have taken place,  by   terrorists  referring  to themselves as  the  ‘ Caliphate’;  in reality  hired mercenaries from all continents, including from the Arab world ,  Europe , from other parts of   Asia, Africa, and  the Americas, trained by the armed forces of the best and brightest governments. There is widespread   desecration and looting  of ‘cultural property’, of archeological and historical monuments  in all three countries of  Yemen , Iraq and Syria , in  an attempt to erase  historical memories  of religious and cultural diversity , to  fragment the  entire region in an attempted second colonial  “Sykes- Picot “ restructuring  .

2.2  The accused , and the highest civil and military officials of the Kingdom of Saudi Arabia and  its  allies ,  in their own short term interests,  have  ignored the clear and present danger of collaborating with the enemies of the people of the countries of  Asia , Africa and  Central and South America against the people of the Arab homelands ;  with no historical  memories of the  reality, that their  patrons , the direct  ancestors of the  leaders and oligarchs of NATO , broke every single treaty/agreement signed by colonial settlers with Native Americans and other Indigenous people , to take over their entire territories in North America and other continents .This Tribunal, being a tribunal of conscience does not  function blindfold , we are  required to take judicial notice  of the repeated  violations of  International Treaties by certain powers to usurp  territories and resources , often in alliance with neighboring or proxy governments, or tribes , once again revived in the 21st Century,  adopting new strategies.

2.3  The two complaints lodged with this Tribunal  differ in material particulars , with submissions and evidence being recorded in two different and separate trial  sessions , consequently we have pronounced  two separate verdicts , one on Yemen and the other on Syria , Iraq and Lebanon with some  of the recommendations applicable to both cases.

  1. The Kingdom of Saudi Arabia signatory to Conventions on International Humanitarian Law and other Conventions impugned in the complaints

3.1   The  kingdom  of Saudi Arabia  has  ratified several International Conventions on the Laws of War ,and several Conventions relating to International Humanitarian Law , among other Conventions relevant for  this trial, as has the state of Yemen . Yet  the accused  are in gross violation of these Conventions, though it must be said in all fairness that  the Kingdom of  Saudi Arabia is not the only  member of the United Nations presently waging an  aggressive war.

  1. The Charges against the Accused

4.1  The following are the  charges  presented by the Prosecutor General on behalf of the people of Yemen against the two accused:-

  1. a) Waging a War of Aggression on Yemen in violation of , Article VI (a) (i) and Article VI(a)(ii) , read with Article III of the Nuremberg Principles adopted by the Resolution of the General Assembly No. 95 (1) of 1946  and Article 2 ( 4 ) of the  Charter of the United Nations ;
  2. b) Genocide within the ambit of Article II (c) of the 1948 Convention on the Prevention and Punishment of  the Crime of Genocide ,namely ‘deliberately inflicting on the Yemeni people conditions of life calculated to bring about its physical destruction in whole or in part’   read with Article III (a) to ((e) of this Convention ;
  3. c) War Crimes in violation of, Article VI (b) of the Nuremberg Principles, mandatory provisions  of  the Hague Conventions of 1899 and  1907 ,  Geneva Convention I  on the treatment of  wounded and sick soldiers  1949 ,   Geneva Convention IV  on  the protection of civilians in times of war  1949,  and    Additional Protocol I  of 1977 to the Geneva Conventions 1949  , and   customary  principles of  International Humanitarian Law;
  4. d) Crimes Against Humanity in violation of , Article VI (c) of the Nuremberg Principles , the Hague Convention of 1907, the Geneva Conventions of 1949, Additional Protocol I of 1977 to the Geneva Conventions of  1949, and customary  principles of   International Humanitarian Law;
  5. e) Destruction of ‘cultural property’ in violation of  the Hague Convention of 1907  ,  the  Additional Protocol I of 1977 to the Geneva Conventions 1949,  the  mandatory provisions of the Hague Regulations, the Convention on the  Protection of Cultural Property During Armed Conflicts , 1954 and its Protocols of 1954 and 1999 , and the customary principles of International Law.
  6. Waging a War of Aggression

   5.1   Article VI (a) (i) and (ii) of the Nuremberg Principles, adopted by the General Assembly Resolution No.95(1) of 11th December 1946, universally recognized as  ‘jus cogens’ , a   peremptory norm of International Law, and as   International customary Law, criminalizes  “ the preparation, initiation or waging a war of aggression or a war in violation of International treaties , agreements or assurances ,” and conspiracy and  complicity in these acts . Article III of  the Nuremberg Principles  does not confer any impunity on  an individual from criminal liability for an act which constitutes a crime under International Law , merely because the individual is head of state or a responsible government official. The Nuremberg Principles  are binding on all heads of states, and civil and military officials.

   It is necessary  for the Tribunal to emphasize that the United Nations Charter is  a  treaty binding on all member States. The  two accused who are the  Head of State and the Defense Minister of  the Kingdom of Saudi Arabia ,   a member state of the United Nations , have  no impunity  against the violation of the United Nations Charter, which mandates by Article 2 (4) that :

“ All member states of the United Nations shall refrain from the threat or use of force against the territorial integrity or political independence of any state or in any manner inconsistent with the purposes of the United Nations.”

5.2  The Tribunal on examining the evidence , and the stand based on public and official statements of  the highest officials of the Kingdom of Saudi Arabia, adopted by Amicus Curiae , Senior  Counsel  Said Alameh , that the former President of Yemen, Abed Rabbo Mansour Hadi  requested for the assistance   of the armed forces of Saudi Arabia ; rejects this  defence advanced on behalf of the accused, as prima facie the facts on record establish that Abed Rabbo Mansour Hadi was not the  President of Yemen when the armed intervention  by Saudi Arabia and the coalition began. Abed Rabbo Mansour Hadi  officially stepped down as President  on 7th  November 2014, after several rounds of political  negotiations with parties and movements , and a new government was formed on that date in Yemen headed by President Khaled Bahah.  The  former President Abed Rabbo Mansour Hadi thereafter reneged on the ‘Peace and partnership agreement’ entered into  with  all the movements and parties in Yemen, and finally formally resigned in January 2015, leaving the capital Sanaa on  21st February 2015 for Aden , departing for Saudi Arabia on 26th March 2015. These facts  conclusively establish that former President  Abed Rabbo Mansour Hadi  having     resigned as  President of Yemen , had no constitutional or statutory right to seek the intervention/assistance of the accused and the  armed forces of the Kingdom of Saudi Arabia or its allies in the coalition.

5.3  The  evidence on record  discloses that the accused  and  allies in  the coalition waging war , and those countries covertly  assigning military and intelligence advisers to Saudi Arabia for the conduct of this war of aggression ; are  in violation of the express prohibition of  Article VI (a ) (i ) and Article VI (a) (ii)  of the Nuremberg Principles against the waging of a war of aggression and the mandatory provisions of the United Nations Charter , that no member state of the United Nations “shall  use force or threats of force against the territorial integrity and political independence of a member state of the UN”. All powers to wage war in Saudi Arabia  vest in  the King accused No. 1 who is Head of State  and accused No.2  is the  Defense Minister of the kingdom of Saudi Arabia, the highest political authority after the King , directing military operations. As per submissions made,  the kingdom is an absolute monarchy. Amicus Curiae has not denied this position. Apart from the issue  of  Abed  Rabbo  Mansour Hadi having  no authority to request for intervention, an individual as distinguished from the people, duly represented by a government/cabinet/political council, cannot  seek armed intervention/assistance  of this nature to destroy his own country, which  as  per evidence and submissions made, is an  aggressive and indiscriminate war, accompanied by bombing operations on the civilian population of Yemen , with the objective of allowing another country to seize and control Yemen’s hydrocarbon resources and strategic regions .Admittedly the people of Yemen have no defensive weapons against the brutal and  indiscriminate  air war launched by the accused and the coalition , using weapons of mass destruction supplied by the Arms Corporations of the United States and the UK among others.

5.4  Documented  facts  and evidence  disclose that  the armed forces of the  Kingdom of Saudi Arabia, under orders of the accused, attacked Yemen ,while negotiations were on  under UN auspices. Jamaal bin Omar, the former UN mediator for  Yemen  disclosed  in an interview of 15th May 2015,  that  –“ Ten Yemeni parties, including rebels were on the verge of a power sharing agreement before the first Saudi shell was dropped on Yemen on 26th March 2015”.

  1. Genocide

 6.1  Article II( c)  of the   Convention on the Prevention and Punishment of the Crime of Genocide, 1948 is  applicable to  Yemen , “Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part ;Article III of the said convention criminalizes genocide , the  conspiracy to commit genocide,  and complicity in genocide.

   6.2   Videos  recorded on the ground in Yemen  of  the bombings of   the  civilian population  of  men, women and children  and destruction of  the entire civilian  infrastructure of the country were officially  lodged with the Tribunal, giving details, such as description of the site, on the  site interviews of  number of people killed and their identities . Specific  bombings  operations were also reported in the media, including in the international media. None  of these  reports and videos of   bombing operations  have been contradicted by official spokesman for and on behalf of the accused .The  videos are  corroborated  by oral evidence of  journalists and students deposing on  oath  before the Tribunal ,stating  that it  was vital for them and their  organizations,  to video and audio  record  the  destruction, as  a total air , road , sea and communications blockade  was imposed on Yemen,  by orders of the accused; Television channels had been bombed and radio and other communication networks  disrupted , there was no other way of disclosing the genocide and war crimes  being committed on the people of Yemen  to the outside world.

6.3  Four eye witnesses of the bombings of Yemen , Yahya  Al Shahedi, AbdalMalek Al Mutawakil, Ali Al Marouani, Saddam Al Khadame, citizens of Yemen , gave evidence of  the indiscriminate nature of  the  bombing operations  on  the civilian population , on  Houthis  and those not Houthi , even though Houthi regions were  the first to be targeted. Homes, buildings, markets, hospitals and medical clinics, schools including sports schools ,colleges, universities , water reservoirs , dairy factories , farms and manufacturing plants  including those producing oxygen cylinders, food, medicines and bottled water  have all  been indiscriminately bombed. Ware houses storing food were  bombed, as were all essential supplies,  including fuel supplies and   humanitarian convoys conveying food   and fuel supplies . The entire infrastructure for  distribution of electricity and water supply in many regions have been bombed .These witnesses testified to the absolute and complete blockade of  Yemen from land, sea and air , cutting off of all supply routes as all  roads, ports and airports have been  bombed  by the Air force of the Kingdom of Saudi Arabia and its allies , and by Naval Ships   of the kingdom of Saudi Arabia  enforcing a naval blockade , bombing all ports and installations. including construction material and  fast erecting cranes in the Port of Hodieah ,among other Ports.

6.4  This evidence is supported by official statements of  United Nations officials, including the statement made by OuldChiek Ahmed ,  the United Nations Special Envoy to Yemen, warning that Yemen was on the verge of starvation and that 80 percent of Yemenis , more than  21 .1 million Yemenis are desperately and in urgent need of humanitarian assistance ; that  13 million are suffering from  severe food shortages and the access to water for 9. 4 million people has substantially decreased  due to the bombings of water bottling factories and water reservoirs.  According to the UNICEF spokesperson ,shortage of water is ‘the gateway to many diseases’ and  that 8 children are killed or maimed every day ; that due   to  the bombings  10 million children need urgent humanitarian assistance. As a consequence of the bombings of hospitals and clinics 15.2 million people have no access to basic health care whether civilians or soldiers, and  1.8 million children have been exposed to severe malnutrition , whereas  5.2 children face immediate  risk of communicable diseases .

6.5 The oral evidence before the Tribunal and the  report of the United Nations agencies and officials on the ground in  Yemen , establish beyond a shadow of doubt that the accused in alliance with the coalition to wage war on Yemen , have deliberately inflicted on the people of Yemen conditions of life  calculated to bring about the physical destruction of a large part of its population. The  bombings, the   air , road and naval  blockade are clearly  intended to impose   hunger and famine  as a criminalized strategy of the war , to deprive the population of the essential and minimal requirements required to sustain life and the right to life .

6.6 The principles of  International Criminal law whereby leaders, political and military, are legally responsible both for orders given and conduct of military officers in the field,  are well established from the  precedents of the Nuremberg and Tokyo trials, without prejudice to the fact that Article III of the Nuremberg Principles confers no immunity on Heads of State and senior officials for crimes against peace .

  1. War Crimes

7.1  The Tribunal having  concluded on the basis of  the evidence on record  that the accused  by their direct orders are  waging a criminal war of aggression against the people of Yemen, every act of war, whether committed  on land, from the sea or air  by  the coalition headed by the kingdom of Saudi Arabia, which kills, injures, or harms the civilian population , or even armed contingents of the Yemeni people defending their country, which is their right of self defense under International Law and the UN Charter; and  destroys  the  property and infrastructure of Yemen  and its people , is  a war crime in violation of Article VI (b) of the Nuremberg Principles.

7.2 The Tribunal reiterates that the  political system of Saudi Arabia is an  absolute monarchy . Accused No. 1 , the  King of Saudi Arabia  and   Head of State  issues  direct orders for the conduct of the war to accused No,2 the Minister for Defense , who in turn  gives orders to the highest civil and military officials responsible  for the conduct of  operations .

7.3     More  than a century ago, the preamble to the Hague Convention of 1907  on the Laws and Customs of War on Land ( Hague IV ) specified that the “ High Contracting Parties  clearly do not intend the unforeseen cases …….be left to the arbitrary judgment of military commanders ………….in cases not  included  in the  regulations adopted by them , the inhabitants and belligerents remain under the protection and the rule of the principles of the laws of nations , as they result from the usages established among civilized peoples from the laws of humanity , and the dictates of public conscience….”

7.4  Article  22 of the Hague Convention 1907  on the laws and Customs of War on Land ( Hague IV ) mandates that  ,”the rights of belligerents to adopt means of injuring the enemy is not unlimited” ; under Article 23 of the same Convention belligerents are prohibited from “ employing arms, projectiles or material calculated to cause unnecessary suffering .” Under Article 25 of this Convention, “the attack or bombardment by whatever means of towns , villages or buildings which are undefended is prohibited.”

   The International Committee of humanitarian law  lists the rules of customary International Humanitarian Law( Cambridge University Press ) and  a few  applicable to the conflict in Yemen are reproduced below :-

 Rule I. The parties to the conflict must at all times  distinguish between civilians and combatants. Attacks may only be directed against combatant. Attacks must not be directed against  civilians.

Rule  2,Acts or threats of violence the primary purpose of which is to spread terror among the civilian population is prohibited .

Rule 7. The parties to the conflict must at all times distinguish between civilian objects and military objectives.

Rule 11. Indiscriminate attacks are prohibited.

Rule 12. Indiscriminate attacks are those :

( a )  which are not directed at a specific military objective ;

                (b)  which employ a method or means of combat which cannot

be directed  at a specific military objective ; or

              (c )  which employs a method or means of combat the effects of which

cannot be limited as required by International Humanitarian Law….     

7.5 It is a reflection on  the  criminalization and barbarism  of political  leaders  and financial interests supporting this leadership , waging serial wars , that what a civilized international community considered impermissible and  war crimes more than a century ago; considered “intransgressible” by the International Court of Justice,  in  its Advisory Opinion on the ‘ Legality of the Threat or Use of Nuclear Weapons’( ICJ  Reports 1996 ),  referring to this body of law  as ‘ International Humanitarian Law’, universally recognized as customary International law, including  the  Hague Conventions of 1899 and 1907,  the Nuremberg Principles , the Four Geneva Conventions  of 1949, and Additional Protocol I  of 1977 to the Geneva Conventions , among other conventions , are being  repeatedly violated  by the  Kingdom of Saudi Arabia and its  allies, and those covertly positioning military and Intelligence advisers with the armed forces of the Kingdom of Saudi Arabia,  for the conduct of military operations.

7.6  There is overwhelming evidence , painstakingly presented  through video and audio recordings, authenticated and corroborated  by eye witnesses deposing , of extensive war crimes committed in Yemen. Individuals  and Yemeni human rights organizations abandoning all considerations of personal safety  have risked their lives to record the evidence of bombings,  providing details of sites ,  nature of  weapons used, including extensive  and  indiscriminate use of Cluster Munitions , confirmed by statements and reports  of United Nations agencies and personnel, and other  humanitarian  organizations.

7.7   It is the admitted position that Saudi Arabia , the United States  which is  one of the countries which supplies  Cluster Munitions to the Kingdom of Saudi Arabia, and Yemen, have not ratified  the  2008 Convention prohibiting the use , production, transfer and stockpiling of Cluster munitions .On the other hand  a hundred states  are state parties to this Convention, and another 19 States are signatories. The  fact that Saudi Arabia is not a party to the Convention does not exonerate the accused from the War Crimes committed by  the Saudi Air force and Army , extensively and indiscriminately bombing the civilian population using  Cluster munitions. Homes,  buildings, hospitals ,schools, colleges , universities , factories, farms , and mosques,   the entire   civilian infrastructure in Yemen has been bombed  . The Hague Convention of 1907 ,  the Fourth Geneva Convention of 1949  and the  First Additional Protocol of 1977 to the Geneva Conventions 1949,  prohibit attacks on the civilian population  and  the indiscriminate  use of weapons on civilians, civilian infrastructure and  installations .The use of Cluster Munitions in Yemen  are war crimes wholly  unacceptable in accordance with  the customary norms of  International Humanitarian Law binding on all States, which mandate  “ that the right of parties to an armed conflict to choose methods and means of warfare is not unlimited ; that the parties to a conflict shall at all times distinguish between civilians and combatants and between civilian and military objectives …..”

7.8  Cluster munitions are specifically  designed to explode and disperse   hundreds  of   ‘submunitions’ or ‘bomblets’ over vast areas, extending  as far as two football fields, far  beyond any  immediate military target; those  submunitions or’ bomblets’ which remain unexploded,  subsequently  explode  on contact , killing  or maiming   non combatants and civilians,  even  at a future date ;  hundreds of these ‘bomblets’  are  dispersed into civilian areas and fields and farms with the dropping of even a single bomb  on a military target , therefore the  description  ‘cluster’  munitions. The weapon is clearly an ‘area weapon’, never intended to be limited to a specific military target. Consequently even  manufacturing  and  supplying  of such a weapon system ,is to be complicit in a  war crime; apart from its widespread use in Yemen bye Saudi Air force and Army and its coalition allies. Children have been  particularly vulnerable in Yemen, unaware of the deadly nature of these ‘bomblets’ and  unsuspecting farmers  and farm animals have been killed , as is clear from the videos recorded.

7.9 In September 2015 , 60 states attending the first  Review Conference on the 2008  Convention prohibiting Cluster munitions , in  a  declaration   condemned the use of cluster munitions in  Yemen.  Human Rights Watch though it is funded by foundations and individuals of NATO countries , in its report in 2015,  confirmed the use cluster bombs at  seven locations in  the Hajjah governorate of Yemen, and the directorates of Harad and Hiran, collecting traces of the munitions, photographs and  testimony of witnesses. The Tribunal was informed that  the  memorandum presented to the Kingdom of Saudi Arabia has not been replied till date.

7.10 Oral evidence authenticates and corroborate videos lodged  with  the Tribunal  of cluster munitions  extensively used  in  the Governorate of Saada and in other areas of Yemen . It is established that  the armed forces of the Kingdom of Saudi Arabia and its coalition allies  have used   American made  CBU -105 Sensor Fuzed Weapons; CBU 87 Cluster bombs containing BLU-97 secondary ammunition; mortar and rocket munitions containing  39ZB secondary  ammunition ; and  missiles carrying M-26 ammunition made in the United States with a range of 10-32 km,  among other weapon systems,  fired indiscriminately into civilian areas in Yemen , spread over pastures and agricultural fields , aggravating food security . In  the videos  civilians and  children are  seen killed and  maimed by these munitions.

7.11  The Saudi Air Force under orders of the accused  and  military aircraft of the Emirates and other members of the coalition has  conducted   extensive bombing operations terrorizing   the civilian population of Yemen  in undefended hamlets, towns and cities . Yemen has no means of air defense.  The  Saudi Navy launched bombing operations from Yemen’s territorial waters, including on Ports and installations and civilian infrastructure of coastal areas and fishermen . The Army of the Kingdom of Saudi Arabia acting on the orders of the accused indiscriminately bombed neighborhoods in the Governorates of Saada, Sanaa and Taiz  .

  1. 12 The hospital of the organization Medecins Sans Frontiers was admittedly destroyed in the bombings. Several hospitals and clinics were deliberately targeted, to prevent the wounded, and sick and injured  civilians and soldiers , from accessing medical treatment,  in violation of  the Hague Convention of 1907,  Geneva Conventions I and IV of 1949,  the Additional Protocol I of 1977 to the Geneva Conventions  and customary  International Humanitarian Law . In the air raids of the alliance led by the Kingdom of Saudi Arabia on Zabid, there was a massacre, with  seventy civilians killed  and one hundred  injured in one attack alone. Sanaa airport was targeted  when it was expected to receive humanitarian aid. A list of  the civilian infrastructure destroyed was  submitted to the Tribunal. Items  on this list   include   hundreds of thousands  of homes and buildings;  hundreds of hospitals and clinics ; more than a thousand schools  including 40 sports schools ;  240 markets , 530 roads, 10 Ports, 14 Airports , 140 electric stations/generators , 41 University facilities  and  60 mosques apart from the other civilian infrastructure  destroyed of which evidence has been given . War planes of the coalition led by the Kingdom of Saudi Arabia carried out a raids even  against the hospital of the University of Science and Technology in Sanaa   and the police academy and the state security centre , leaving many  dead and wounded .

7.13  The United Nations Secretary General  Ban Ki-Moon strongly condemned  the destruction of Hidan main hospital in Sadaa by the Kingdom of Saudi Arabia and its coalition allies .This hospital was assisted by UNICEF and the organization    Doctors Without Borders .The Co-ordinator for Humanitarian Affairs of the United Nations in Yemen , Johannes van de Klaus has  called for “ an end to attacks against hospitals and civilian infrastructure….”.

7.14 UNICEF has  commented on the high death toll of children killed in bombing operations in Yemen. This is   a direct consequence of the bombing of homes , buildings,  schools, farms , hospitals and clinics, by the Saudi and Emirati Air Forces , assisted  by other members of the coalition .The statistical data   released by several UN humanitarian agencies and representatives on the ground in Yemen,  and submitted to the   UN  committee  on Children and Armed conflict  indicates  that  785 children have been killed in Yemen in this war ,  and over  1018 children are  injured ,apart from the more than 10,000 Yemeni children who have died from preventable diseases directly due to the war .

7.15  The United Nations Security Council despite this widespread destruction  has not declared any  embargo on weapon sales to the Kingdom of Saudi Arabia.  Arms contracts continue to be  signed by the Kingdom and its allies  worth  billions.    Companies in the  United States and the UK have supplied  weapons and platforms after  the war began , and  France  generously supplies  weapons to Qatar .

  1. Crimes Against Humanity

8.1  Witnesses deposing before the Tribunal stated that  in conditions caused by the destruction of hospitals and clinics under orders of the accused and coalition allies, no health services exist in Yemen either for the civilian population or soldiers , and there is no access to life saving drugs .This is supported by official statements of humanitarian organizations, including   United Nations Agencies . Students gave evidence that  all  educational institutions have been targeted by bombing operations . As a direct  consequence of widespread destruction of schools, colleges and  universities, and the displacement of approximately over   half a  million people; children , college  and university students  have no choice but to discontinue their education .

8.2  The Tribunal has already referred to the   public and official statements of United Nations humanitarian personnel and aid organizations that the impact of the air, road and sea blockade on Yemen has resulted in starvation of a large section of  the civilian population and that the bombings  of ware houses storing food, and convoys carrying food and other aid, including essential  fuel supplies,  has been used as a strategy of war .

8.3  The bombings ordered by the accused have affected all communications and transport  by land, sea  and air of the people of Yemen , and all sources of livelihood. In these bombing operations the entire civilian infrastructure of  water supply , electricity and all communications networks , including television and  radio  have  been deliberately destroyed  in serial crimes against humanity. Witnesses  stated  that the  entire civilian infrastructure of Yemen is being  targeted and destroyed , not because citizens are members of any Houthi  militia or  the Yemeni  army, but because  Yemen  is   potentially rich , with  hydrocarbon reserves and strategic regions, sought to be seized by the accused and their  alliance partners, by effecting forcible regime change through war.

8.4 More  than a thousand schools and   colleges have been destroyed in bombings in Sanaa, Aden, Saada, Taiz, Amran, Hadramout, Hodeidah, Hajah  and Ibb , along with mass destruction of university libraries , devices and laboratories .

9.Bombing of ‘cultural property’ movable and immovable including  archeological sites.

9.1 The bombing,  destruction and vandalism   of ‘cultural property’ as defined by   Article I  of the Convention on the Protection of Cultural Property  in the Event of Armed Conflict,  1954,  and its Protocols  of   1954 and  1999  are   war crimes in violation of the Nuremberg Principles, the Hague Convention of 1907  and the Additional Protocol I  of 1977  , and cannot be justified by any military necessity, as the Tribunal has already held that this is a criminal war of aggression on Yemen. The  Tribunal is  dealing with such attacks on ‘cultural property’  as a separate charge,  in the context  of  the pattern observed  in  recent  wars ,  following  the   destruction of  the’ BamiyanBuddhas ’in Afghanistan  by hired mercenaries masquerading as ‘ mujahideen’or ‘ al Qaeda’.

9.2The Kingdom of Saudi Arabia has ratified the 1954 Convention on  the Protection of Cultural Property in the Event of Armed Conflict, the Geneva Conventions of 1949 ,and Protocol I and II to the Geneva Conventions 1949; the government of Yemen has also ratified these Conventions.  Irrespective of whether these Conventions have been  ratified  or not by the Kingdom of Saudi Arabia or Yemen , it is necessary for the Tribunal  to reiterate that  protection of  cultural property of the people  against destruction and pillage, is  an integral part of customary International law  binding on all nations, irrespective of whether a  state or states  have ratified or not ratified  these Conventions.

9.3 Since  “ classical times” there has been condemnation by civilized nations   (C.D. Visscher ,’International Protection of Works of Art and  Historic Monuments’   Martin Nijhoff  Publications, Anna Filipe Vrdoljak ‘ Human Rights and the Illicit Trade in Objects’  ) against targeting of  cultural property during wars and conflicts. The   Hague  Conventions of  1899 and 1907 referred to as the Hague Regulations, followed by the Washington Pact of  1935 ,also known as the  ‘Roerich Pact’ , prohibit the destruction and pillage  of cultural property of  peoples . These aforesaid conventions and pacts are  customary International law binding on all states , as per the decision of  the  Nuremberg Tribunal of   the Major War Criminals before the International Military Court 14 November 1945- 1 October 1946 ( 42 volumes 1947-1949 ); the Advisory Opinion of the International Court of Justice  on the Legality of the Threat or Use of Nuclear Weapons , ICJ Reports  1996; and  the Advisory Opinion of the ICJ on the Legal Consequences of the Construction of the Wall in Occupied Palestinian Territory , ICJ Reports 2004.Apart from the prohibition under Article 27 of the Hague Convention of 1907 which mandates that “  In sieges and bombardments all necessary steps must be taken to spare as far as possible buildings dedicated to religion , science or charitable purposes, historic monuments , hospitals and places  where the sick and wounded are collected , provided they are not used for military purpose” ;  Article 56 of the Hague Regulations prohibits “ all seizure and destruction or willful damage  done to institutions of this character , historic monuments, works of art and science .” Additional Protocols  I and II to the Geneva Conventions relating to International Armed Conflict and non international armed conflict have  widened the ambit and strict application of this prohibition of attack against movable and immovable cultural property.

9.3  This   Tribunal  of Conscience takes  judicial notice of the nature of the’ unending wars’ of the   first decade and a half of the 21st Century, which  has witnessed premeditated destruction of national heritage and world heritage sites in Iraq  and  Syria  among other countries, establishing  a consistent  and pre meditated criminal strategy , to  efface collective and  historic memories of  peoples of  these countries of  their shared  heritage , civilization and  national  culture ; to render fragile  historical  memories of the diversity and pluralism of religious and denominational belief and conviction; to destabilize  an  entire society  and nation by making it rootless,   uprooting  its cultural , archeological  , artistic, and scientific foundations and memories of   continuity with its past and  its contribution to world civilization. A poet  of the  former Soviet Union , Yevgeny Yevtushenko sensitively   observed,  “man lives not by bread alone …………. yet  when there is no bread,  food can become the ideal . ” This consistent strategy which the world has witnessed, proves beyond doubt that the agenda is the destruction of national civilizations and historical  memories , which precedes the destruction of societies , if this stands in the way of profits, a  new narrative for regime change  and  a new order for the fragmentation, take over, and re-colonization of nations for the pillage of resources and  seizure of regions ; and  with that objective to destroy the links of  the nation so targeted with its historical and cultural past. This is the real objective of the  systematic targeting of ‘cultural property’,  movable and immovable , of  importance to the cultural heritage of the people of these regions, such as monuments and archeological sites,  works of art, manuscripts , books and other objects of artistic ,historical and archeological interest,as well as libraries of  scientific and other  collections of books or archives,  museums and buildings where works of art or objects are preserved; and those  sites declared as  world heritage sites by  UNESCO, despite the fact that  these sites have  not been used for any military purpose whatsoever in any of these countries whether Yemen , Iraq or Syria , as these countries had taken  all necessary  steps to the extent possible, to  protect and preserve their cultural inheritance, which  is also the  heritage of people the world over .

9.4  There is no evidence whatsoever in Yemen or in Iraq ,Syria or Lebanon ,that those fighters defending their country which is a legitimate right of self defense  ,  used  archaeological sites ,or works of art or  monuments and places of worship for military purposes; on the other hand the accused were waging a war of aggression in Yemen and  the armed forces of Saudi Arabia and its allies in the coalition against Yemen, acting under orders of the accused attacked the old historic city of Sanaa ,recognized by  UNESCO  as  ‘world heritage ‘; a city  inhabited for more than 2,500  years located at 2,200 meters  in altitude,  with its 106 mosques,14 hamams and 6,500 houses dating back to the 11th century . Also targeted was the  famous historic mosque, the Al Masjid  an- Nabawi. Irina Bokova, the UNESCO director general in a statement after these attacks  stated , that  she was shocked by the loss of lives and the magnificent structures with serene gardens reduced to rubble, which bears “ the soul of the Yemeni people . It is a symbol of a millennia history of knowledge which belongs to all of humankind.”

  1. 5 The Marib Dam  and Dhamar museum with 12,500 artifacts and “hundreds of Sabaean inscriptions” from the language of the Kingdom of Sheba ( 800 BC -300 AD ) found on paintings, incense burners , and architectural elements were  bombed by the armed forces of the Kingdom of Saudi Arabia and its alliance partners  and the ‘ Al Owdi historical complex’ dating back to the Ottoman era , comprising residential buildings, historic monuments and museums and other archaeological sites and places of worship was similarly targeted . The  accused and the  armed forces of the Kingdom of Saudi Arabia , along with their allies , had detailed  and accurate knowledge of these sites , and knew that  there was no military justification whatsoever  for these attacks, in this  fratricidal war on the culture and civilization of the Arab world in furtherance  of economic  and military hegemony , guided by ‘Wahhabi’ ideology, opposed to the protection of historical sites and monuments ; to  music , the arts , poetry  literature and  science  of the Arab peoples , unless  they have a price in the international market for stolen objects of antiquity, as has happened in Syria and Iraq ,with ISIS/Daesh/ISIS and Jabhatul Nusra  among such other organizations selling priceless antiquities in markets in Istanbul ,in Turkey, and  other places in the region, and in the international markets for stolen antiques.
  2. The Verdict

 The Tribunal having considered the entire  evidence in respect of all charges  presented by the Prosecutor General and Counsel for the people of  Yemen,  and  the  submissions of  Amicus Curiae appointed by the Tribunal for and on behalf  of the  accused ,who though   notified,  did not appear directly  or through an Advocate /Counsel to present their case , is satisfied  beyond all  reasonable doubt that  accused No1,   Sultan bin Abdul Aziz, King of Saudi Arabia  and  accused No.2 Mohammed bin Nayef , Defense Minister   are guilty of :-

  1. a) Waging a war of aggression on Yemen  in violation of , Article VI (a) (i)   of the Nuremberg Principles  and Article 2 ( 4 ) of  the Charter of the United Nations ;
  1. b) Genocide in violation of , Article II (c ) of the  1948 Convention on the Prevention and Punishment of the Crime of  Genocide, read with Article III  of the said Convention  ;
  1. c) War crimes committed on the civilian population of Yemen and on the entire civilian infrastructure of Yemen, in violation of ,Article VI (b) of the Nuremberg Principles , of  the Hague Convention of 1907 , of   Convention I  of the Geneva Convention 1949   relating to medical treatment of   the sick and wounded soldiers in the field  and Convention   IV of  the  Geneva Conventions 1949   relative to the Protection of Civilians in times of war, and  the Additional Protocol I of 1977 to the  Geneva Conventions of   1949, and customary principles of   International Humanitarian Law ;
  1. d) Crimes Against Humanity, in violation of , Article VI ( c ) of the Nuremberg Principles , of the Hague Conventions of 1899 and 1907 ,  of Convention IV of the Geneva Convention  relative to the Protection of Civilian Persons in times  of War  1949,  of  Additional Protocol I of 1977  to the Geneva Conventions of 1949 and customary principles of International Humanitarian Law ;
  1. e) Deliberate and pre-meditated attacks on “cultural property” movable and immovable of the people of Yemen in violation of , Article VI ( b) of the Nuremberg Principles, of the   1954  Hague Convention on the Protection of Cultural Property in the event of Armed Conflict and  Protocol I of 1954 and Protocol II of 1999 of this Convention ,  the Hague Convention of 1907 and the Additional Protocol I of 1977 to the Geneva Conventions of  1949 and  customary principles of International Humanitarian Law.


  1. 1The Tribunal was informed by witnesses that the people of Saudi Arabia were not consulted and did not support the hemorrhaging of the financial resources of the Kingdom and the destruction of Yemen in this war. Since the Head of state and  Defense minister and other prominent  political and military  leaders of the Kingdom of  Saudi Arabia , have  violated  the Charter of the United Nations ,  the Nuremberg Principles and International Humanitarian Law , this Tribunal recommends the expulsion of the Kingdom of Saudi Arabia  from the United Nations ,all its  bodies, agencies, councils and panels of the UN, until the Kingdom of Saudi Arabia withdraws all its forces overt and covert  from Yemen ,and its irregular and mercenary forces from Syria , Iraq  and Lebanon .In recommending this expulsion the Tribunal recalls the  precedent and  approach of the General Assembly to the expulsion of the State of Libya  from the UN Human Rights Council ,though it  had not violated the United Nations Charter or committed  crimes of aggression, genocide, war crimes or crimes against humanity, and was merely defending itself against terrorists overrunning Libya and thousands of  NATO bombing sorties waging a war of aggression.

11.2 The United Nations Security Council , the General Assembly and other agencies and organizations of the United Nations have to  ensure that the   Kingdom of Saudi Arabia ceases to use  cluster munitions  in Yemen, and  that  all areas of Yemen wherever  these  munitions have been used are cleared by weapon inspectors and experts , at the expense of the Kingdom of Saudi Arabia and the companies and governments supplying these weapons.         

11.3  Different and discriminatory standards  enforced by the Security Council has led to the absolute collapse of the ‘Rule of Law’ in International relations.  Sanctions for almost a  decade and a half  followed  the temporary  Iraqi occupation of Kuwait ,despite withdrawal of forces ;  sanctions were imposed on Iran   though it has the  sovereign and scientific  right to access nuclear technology ; and   sanctions were also  imposed on Russia for  re-integrating Crimea through a referendum, and based on a decision of the International Criminal Tribunal for Yugoslavia (See TPIY, le Procureur c. DuscoTadic alias “Dule”, jugement 7 mai 1997. IT-94-1-T.§562). However in  the case of  the aggression on Yemen, no sanctions have been imposed by the Security Council or any other government or body. The  Tribunal   recommends that the United Nations Security Council , the United Nations General Assembly  and members states of the United Nations are duty  bound to impose  sanctions  on the Kingdom of Saudi Arabia and its leaders and its  highest military and civil officials, for waging a brutal war of aggression on Yemen, and on its allies and those supplying military and intelligence advisers ,to secure the  immediate cessation of the war  on Yemen, the clearance of cluster munitions  and other noxious weapons, and   an end to  the arming and financing of terrorists and special forces  for irregular warfare in  Iraq, Syria and Lebanon .Sanctions should be lifted as soon as  hostilities cease, and mercenaries and special forces are  withdrawn.

  1. 4 The legal agreements  for reparation after the First and Second World War , including the  reparations to  the Jewish citizens of  Israel,  established as a State  after the Second World  War, entirely  unrelated to the holocaust ; the reparations paid  by Iraq  to countries allegedly affected by the   first  Gulf War from its oil revenues, under directions of  the Security Council;  are  the  precedents for  the Tribunal recommending payment  of reparations by the Kingdom of Saudi Arabia  and its allies, to  Yemen , Iraq , Syria and Lebanon, in accordance with  state practice of over a century. Every corporation/company benefiting from these wars, including  for the supply of weapons, equipment and  mercenaries, are also liable.

11.5 The resolution of the Security Council listing the names of  individuals to whom arms were not to be supplied, left  Yemen defenseless;  no such embargo was imposed on  the Kingdom of Saudi Arabia and its allies. This resolution was  similar  in impact to the ‘No Fly Zone’ over Libya,  which led to the destruction of Libya by bombing sorties .The Tribunal recommends that the  Security Council and the General Assembly,  immediately call for the cessation of  hostilities and the aggression on  Yemen, Iraq, Syria and Lebanon ,by conventional  forces or mercenaries; and the immediate suspension of all military agreements  and sale of equipment to the Kingdom of Saudi Arabia  and its allies, until after  peace returns to the entire region. 

11.6 An important trial forgotten by law makers and  jurists, is  the  trial at Nuremberg of  the Directors and leading officials of the Chemical Company I.G. Farben ,members and financiers of the Nazi party, on the charge of  the conspiracy of  planning  a war of aggression, for war crimes,  use of slave labor and crimes against humanity. The Tribunal recommends that  it  is essential  for the United Nations, its organs and agencies and member states , to black list  and impose sanctions against companies /corporations involved in  conspiracies to wage wars for  markets and resources, including for strategic regions for  hydrocarbon pipelines ;and against  those  manufacturing and selling arms and ordnances to countries waging wars of aggression and  committing war crimes .A  permanent committee  for this purpose would benefit humanity.  However this  by itself is inadequate, without a  specific provision in the Companies Act of every country,  for the  expeditious ‘winding up’  and dissolution of corporations and banks complicit in  war crimes, crimes against humanity and criminal activities.

11.7 The victims of these crimes, if their country is  a signatory to the  statute of the International Criminal Court and the  crimes  falls within the jurisdiction of the ICC , are  at liberty to apply to the Prosecutor of the ICC to try the  accused ,using the documentation before the Tribunal . Similarly if the jurisdiction of the International Court of Justice  permits,  the statute of the ICJ should be invoked by the affected countries . The Tribunal  recommends amendment to the  statute  of the ICC  to enable the filing of  complaints  for war crimes  and indictments for crimes against humanity, against the directors , CEOs ,  and concerned senior officials, personnel, and agents of companies and corporations committing such crimes; including  for the conspiracy  to wage wars of aggression . However unless all countries ratify the statute of the ICC, its impact and jurisdiction  will continue to  be discriminatory.

  1. 8 The people of Yemen , Iraq, Syria and Lebanon need the active support of people,  including  citizens of those countries waging these wars of aggression , those supporting  peace  and development; to  expose the truth, to establish political , economic, social and cultural  structures  which guarantee justice for everyone in the region ,including for the people of Palestine ; to permit  the  voices  of  the   victims of this region  to be heard , and to compensate them everywhere. It is necessary to  actively stir the conscience of people and  political movements, to  shed their  apathy to financial  and military hegemony and wars of aggression; to  cease  co-operating with the Kingdom  of Saudi Arabia and its overt and covert  allies, as long as they do not end their conspiracies for regime change ,and capture of resources by waging war, conventional or through irregular forces .
  1. 9 To prevent wars it is necessary to record not only the industrial, technological and scientific achievements of the world , but its sufferings  through war, political , social and economic  exploitation, to deter those who benefit from the fading away of historical memories, and repeating  the cycle of death and destruction. War museums , documentaries  and written historical narratives ,even for schools are necessary , to avoid support for political systems based on  the economic and military hegemony of a few, or of one country or even a small group of countries ; and to cherish the memories of those sages ,philosophers, leaders, and political  movements  and systems  dedicated  to peace , justice , culture and development,  uniting many .
  1. The Tribunal places on record the assistance of the Prosecutor General , Defense Counsels and Amicus Curiae in these proceedings, and the painstaking and accurate interpretation which enabled expeditious completion of these proceedings.

13.The judgment is directed to be  forwarded by the Secretariat  to  concerned   organizations and institutions ,  to   the  Secretary General of the  United Nations , the Secretary General of the  Arab League and the Secretariat of the  OIC , for their record and action .

 Judge Niloufer Bhagwat                     Judge Mohamed Baccar

Judge  Lilia Solano                               Judge RatibaMiladi

The individual opinion of  Mr. Roland Weyl  

Regardless to the dangerous war crimes that Saudi Arabia committed in Yemen, The mere intervention on Yemeni territory in Yemen is a dangerous violation to international law that Prohibit in accordance to article 2(4) of the united nation charter to any state to undermine in any ways the political independence to another country, Thus interference in its internal affairs.

Also the United Nations General Assembly Resolution no. 3314 in 4th of December states in Article 4 that the list contained therein is not comprehensive, and every bombing or use of any other weapons considered an aggression from the armed forces of any State against the territory of another State (article 3/b).

it’s true that article 41 admit in the collective self-defense, but only to the Security Council ,and they should notify the defense immediately, and also allow them to take the necessary arrangements .

Moreover, this intervention could not happen if the state that was intervened on its territory was a victim of aggression by another state, and never comes when the issue concerned in an internal uprising.

In the case of Yemen, The military intervention did not only ignore the requirements of Article 51 , also It did not prove in any way that Yemen was a  victim of external aggression that would justify the application of Article 51 .

We must be stressed here that this international violation by the Kingdom of Saudi Arabia and its allies will not remain confined in Yemen. So that the support and resources provided to the armed opposition in Syria – At a time when the Syrian issue should be left to the Syrians alone – this support also considered as an aggression comes under Article 4\2 of the UN Charter.

This policy of armed intervention in all parts of the region contrasts with slouching towards the Israeli continuous aggression against Palestine.

The sum of these actions confirms dominance of choice and illegal policing policy across the region, in the interest of the oil forces against the right of peoples to self-determination, as recognized and guaranteed in international law.

In this case, it’s unfortunate that the Security Council does not intervene to stop these attacks and ensure the people’s right to live in peace under sovereignty and mutual respect, which is guaranteed by the UN Charter.

Here a question raises about the criminal conspiracy from the powers that give the Alliance means to commit their crimes, including providing arms, money or diplomatic support or otherwise.

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