Amnesty International asks the Prosecutor's Office to investigate whether Spanish weapons have been used in the bombing of Yemen

A man walks through the ruins of a building destroyed by fighting in the Yemeni city of Taez, on May 20. AHMAD AL-BASHA (AFP)

Three NGOs have sent a letter to the State Attorney General, Dolores Delgado, in which they ask her to investigate the alleged use of arms exported by Spain in the Yemen conflict and the possible responsibility of Spanish authorities and companies in war crimes committed in that country by the international coalition led by Saudi Arabia.

Amnesty International (AI), the European Center for Human and Constitutional Rights (ECCHR, for its acronym in English) and the Delàs Center for Peace Studies have submitted a detailed report to the Prosecutor's Office in which they provide "new indications" of the links between the arms transfers of the company Airbus Defense and Space, SA, authorized by the Spanish Government, to the regime in Riyadh and the United Arab Emirates (UAE),

The NGOs underline "the key role of Spain" in the manufacture, export and maintenance of the Eurofighter Typhoon combat aircraft and the A330 MRTT aerial refueling tanker.

Specifically, Airbus Defense and Space, SA has manufactured in Illescas (Toledo) and Getafe (Madrid) parts of the 72 Eurofighter fighters supplied by the British company BAE Systems to Riyadh.

In addition, the six MRTT tanker aircraft sold to Saudi Arabia were converted in Getafe (Madrid) from commercial Airbus A330-200 aircraft assembled in Toulouse (France);

and have been subjected to maintenance tasks at the Iberia plant in La Muñoza (Madrid).

In total, Spain has exported military equipment to Saudi Arabia worth 1,306 million euros from 2015 to the first half of 2021;

The ECCHR already submitted a communication in December 2019 to the Office of the Prosecutor of the International Criminal Court (ICC) in which it provided "evidence and information on 26 air attacks on residential buildings, schools, hospitals, a museum and world heritage sites, which may constitute war crimes under the Rome Statute”, signed by Spain.

These attacks, the letter to the Prosecutor's Office now underlines, "have been facilitated by the supply of weapons from Spain and the provision of maintenance, training and support services, authorized by Spanish administrative bodies."

According to the ECCHR, “the persons involved in such transfers could be criminally liable, for complicity […] in the commission of war crimes,

The NGOs call on the Public Ministry to investigate the case in cooperation with their European counterparts, with the European Network of Contact Points on Persons Responsible for Genocide and Crimes Against Humanity, and suggest that a joint team be formed with the ICC Prosecutor's Office.

The International Criminal Court acts under the principle of complementarity with the member states, underlines the letter, so it is the prosecutor's offices of the countries that export weapons to the partners of the coalition that intervenes in the war in Yemen that must investigate the possible responsibility of their own companies and governments.

In the opinion of the NGOs, there appears to be “a reasonable basis to believe that coalition forces have committed war crimes in Yemen and that both Spanish government representatives and personnel with decision-making capacity at Airbus Defense and Space, SA they could have contributed to committing them or have been complicit” in them.

Therefore, they urge the Prosecutor's Office to “exercise its investigative powers” ​​and to “fully cooperate” with those carried out by the International Criminal Court;

as well as “ensuring that any credible accusation of illicit conduct by defense companies in relation to human rights abuses is investigated and, when appropriate, initiate criminal proceedings.”

Airbus has responded to the NGO complaints by stating that “it is firmly committed to conducting its activities in an ethical manner, based on company values, and in compliance with all applicable laws and regulations.

As part of this commitment”, he stresses, “Airbus supports the principles of the United Nations global compact, which includes respect for human rights”.

According to a spokesperson for the European defense company, “Airbus constantly monitors changes in international law to ensure that all sales comply with applicable legal requirements in relation to transactions with countries subject to UN, EU, the United Kingdom and the United States”.

It so happens that neither Saudi Arabia nor the Emirates are subject to an embargo on arms sales.

Exclusive content for subscribers

read without limits

subscribe

I'm already a subscriber