Anti-Kidnapping and Trafficking Law

Yemen’s Anti Kidnapping and Trafficking Law is the legal framework for combating kidnapping, abduction, and hijacking. The law, adopted in 1998, is composed of 12 articles that span the following themes:

1- Key definitions and terminology (Articles 1-5): Defines key terms and details penalties and legal sentences (including provisions related to capital punishment) for each offense.

2- Penalties and sentences (Articles 6-9): Highlights penalties regarding related offenses, such as assaulting anti-trafficking law enforcement personnel, aiding and abetting, and conspiracy to commit these crimes.

3- Exemptions, and implementations (Articles 10-12): Addresses exemptions and punishment leniencies in cases of perpetrators’ cooperation and assistance in capturing perpetrators or collaboration in solving similar crimes.

This law relates specifically to the following grave violations against children in armed conflict:

• Recruitment and use of children. This law establishes penalties for perpetrators who are members of an armed group or force. The law expands punishment to all those affiliated with the offense, broadening the scope of accountability.
• Abduction of children. The law criminalizes acts of kidnapping, abduction, and hijacking and establishes graver penalties (up to a death sentence) in cases that entail physical harm to the victims and/or their livelihoods.
• Killing and maiming of children. Given that killing and maiming are often by-products of of kidnapping and/or abduction, the graver punishments imposed for instances when victims suffer physical harm—further maximized when the offender is a member of an armed group or force—relates to the grave violation of killing and maiming of children.

Regarding implementation, conflict undermined the judicial infrastructure in Yemen, even prior to the 2015 conflict, presenting challenges for prosecuting and investigating kidnaping and trafficking crimes. The multiplication of armed groups/forces has generally undermined efforts to prosecute crimes and implement the law.