Houthis in Cahoots with State Actors: Accounting for Violations of International Law

• Pages: 431-497
• Date: 01 October 2024
• Published date: 01 October 2024
• Author: Joseph K. Isanga
• Subject Matter: Derecho Internacional

e Indonesian Journal of International & Comparative Law

ISSN: 2338-7602; E-ISSN: 2338-770X

http://www.ijil.org

© 2021 e Institute for Migrant Rights Press

houthis in Cahoots with statE

aCtors

AccounTing for violATions of inTernATionAl lAw

Joseph K. Isanga

University of Idaho College of Law

E-mail:

is article focuses on the Yemen Houthis’ attacks on the Red-Sea seafaring ves-

sels and Israel, which have had a tremendous impact on international maritime

trade as well as international peace and security, and it investigates the plau-

sibility of accountability for the non-state actors (the Houthis) as well as their

state sponsors (particularly Iran and Russia). To those ends, Part II of the article

presents the background to the conict in Yemen which the Houthis appear to

have exploited and dominated, even though international recognition remains

elusive for the Houthi movement. e article explores how the Houthis, as de

facto rulers of Yemen, may be held liable, in conjunction with the state of Yemen,

for violations of a variety of norms of international law. Part III investigates

the impact of Houthi Red Sea attacks on maritime trade. Part IV discusses the

impact of the Houthi attacks on international peace and security, particularly

due to Houthis’ armed attacks on vessels that are extensions of their respective

ag states. Part V investigates how to ensure accountability for the violations

of international law. In this regard, the article investigates a plethora of mech-

anisms and institutions, including the International Court of Justice, Interna-

tional Criminal Court, international arbitration and, to the extent those may

not be sucient, it investigates the possibility of a new judicial institution under

the auspices of the United Nations. Lastly, Part VI presents recommendations

and conclusion.

Keywords: International Criminal Law, Humanitarian Intervention, Law of the Sea, Law

on the Use of Force, Middle East.

X Indonesian Journal of International & Comparative Law 417-38 (October 2024)

432

Isanga

INTRODUCTION

Soon aer the onset of the Gaza crisis in October 2023, the Houthis in

Yemen started using force targeting vessels in the Red Sea, “one of the

most important arteries in the global shipping system, with one-third

of all container trac owing through it.”1 While the United States and

its allies established “Operation Prosperity Guardian . . . to protect in-

ternational shipping in the Red Sea”2 and the “European Union (E.U.) .

. . established its own maritime coalition called Operation ASPIDES,”3

there is need for a legal response that ensures a more-enduring solu-

tion to the multi-faceted challenge to maritime security, international

peace, maritime trade and even food security.4 e Houthis’ “sustained

assault on shipping in the Red Sea region has led to signicant reduc-

tion in trac, creating a bottleneck in global trade.”5

is article explores the legality of the responses to Houthi attacks

1. Noah Berman, How Houthi Attacks in the Red Sea reaten Global Shipping,

C  F. R. (July 10, 2024), https://www.cfr.org/in-brief/how-

houthi-attacks-red-sea-threaten-global-shipping (noting also that “[f]earing

attacks, major shippers … announced plans to avoid the Red Sea and the

Suez Canal—diverting some $200 billion in trade” and that “[a]ny sustained

disruption in trade there could send a ripple eect of higher costs throughout

the world economy.”).

2. Raul Pedrozo, Protecting the Free Flow of Commerce from Houthi Attacks o

the Arabian Peninsula, 103 I’ L. S. S. US N W C. 49, 72

(2024).

3. Benjamin W. Haight, U.S. Strikes against the Houthis: A “Splendid Little War”

of Self-Defense, 15 N’ S. L. B 1, 13 (2024).

4. Caitlin McFall, Houthi terrorists used in major wars in Israel, Ukraine as

pawns for Iran, Russia geopolitical aims, F N (De c. 4, 2024), https://

www.foxnews.com/world/houthi-terrorists-used-in-major-wars-israel-

ukraine-pawns-iran-russia-geopolitical-aims (hereinaer ‘McFall’) (noting

that “Houthi attacks in the Red Sea not only threaten the lives of those

in international waters, but are contributing to food and trade shortages

worldwide, further exacerbating global food insecurity, particularly in Africa,

initially started by Russia’s war in Ukraine.”).

5. Natalie Venegas, Houthi Rebels Unsuccessfully Attack US Warships

With Drones and Missiles, N (Nov. 12, 2024), https://www.

newsweek.com/houthi-rebels-unsuccessfully-attack-us-warships-drones-

missiles-1984767.

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Houthis in Cahoots with State Actors

Isanga

on international shipping in the Red Sea and argues that, while the use

of force6 response can remove such threats on a provisional basis, there

is need for more enduring solutions. To that end, the article argues that

there is need to explore the prospects for international accountability

as it relates to the non-state actors, their sponsors, as well as the state of

Yemen, for violations of use of force, international humanitarian law,

and law of the sea, among others. e article attempts to establish that

Yemen—which is under the eective control of Houthi actors—could

be liable for the unprovoked use of force on seafaring vessels, that the

Houthi actors could also be liable for violations of international law,

along with their aiders and abettors—particularly the Iranian state—

which appears to have overall control over the Houthi actors—and the

Russian Federation. It is not just the non-state actors (Houthis) who

need to be held liable, but also their aiders and abettors, specically

Iran and the Russian Federation.7 e article investigates the extent to

6. It is possible to invoke the norms of use of force in relation to non-state

actors—assuming the Houthis—are merely non-state actors. See e.g., United

Nations Security Council Resolution S/RES/1368 (2001) (Aug. 8, 2024)

(recognizing “the inherent right of individual or collective self-defence

in accordance with the Charter” and condemning “terrorist attacks which

took place on 11 September 2001 in New York, Washington, D.C. and

Pennsylvania and regards such acts, like any act of international terrorism,

as a threat to international peace and security”), https://ofac.treasury.gov/

media/5651/download?inline. See also, United Nations Security Council S/

RES/1373 (2001) (Aug. 8, 2024) (recognizing that “such acts, like any act

of international terrorism, constitute a threat to international peace and

security”), https://www.unodc.org/pdf/crime/terrorism/res_1373_english.

pdf.

7. United States Department of Defense, Seized At Sea: Iranian Weapons

Smuggled to the Houthis (Jul. 17, 2024), https://www.dia.mil/Portals/110/

Documents/News/Military_Power_Publications/Seized_at_Sea.pdf

(hereinaer ‘Seized at Sea’) (indicating that “[b]etween 2015 and 2024, the

United States and its partners have interdicted at least 20 Iranian smuggling

vessels, seizing ballistic, cruise, and surface-to-air missile (SAM) components,

antitank guided missiles (ATGMs), unmanned aerial vehicles (UAVs), and

thousands of assault ries, rocket components, and other illicit weapons

destined for the Houthis” and that “[a]s of 30 April 2024, the Houthis . . .

[had] used Iran-supplied ballistic and cruise missiles to conduct . . . at least

56 attacks targeting ships in the Red Sea and Gulf of Aden.”). Morgan Phillips,

Russia is supplying Houthis with satellite data to attack ships in the Red Sea:

report, F N (O ct. 28, 2024), https://www.foxnews.com/politics/russia-

supplying-houthis-satellite-data-attack-ships-red-sea (hereinaer ‘Phillips’)