Military Penal Law

Yemen’s Military Penal Law is the governing framework for military crimes/offenses. The law, adopted in 1998 is composed of 75 articles that span 14 chapters that address the following themes:

1- Key terminologies, general provisions, and penalties (Chapter 1-3): Defines key terms and addresses general provisions, including penalties/violations imposed on military personnel. Also includes (in Chapters 1 and 2) a comprehensive categorization of crimes related to national security.

2-Military orders, duties, and crimes (Chapter 4-10): Addresses all military duties and addresses what constitutes a violation of service, such as disobedience or abuse of authority, or crimes related to prisoners. Also includes crimes and prosecutions in military courts and the military system.

3- General crimes and military personnel (Chapter 11-14): Establishes the application of general laws in relation to military personnel.

This law intersects with the ‘Children and Armed Conflict’ agenda in several key ways, those being:

• Recruitment and use of children: Article 3 explicitly enforces the prohibition of recruitment of children under the age of 18 years old.
• Protecting children in armed conflict: Article 21 criminalizes all acts leading to killing or harming civilians, including children. The law prohibits taking civilian hostages, which includes abduction and kidnapping of children.

The conflict in Yemen, especially since 2015, led to the proliferation of armed groups in the country, along with a severe fragmentation in the governing infrastructure, presenting severe challenges to enforcing provisions under this law. These issues have been compounded by a collapsing judicial system, which was an issue that pre-existed prior to the conflict that escalated in 2015.