Just as Yemen is set to announce the results of its National dialogue Conference and thus move on with its transfer of power and decisively leave behind months of political instability and institutional limbo, NDC representatives sitting the Transitional Justice Working Group asserted their wish to see Yemen’s much controversial immunity law withdrawn.
Representatives said they want to see the NDC “endorse a proposal to strike down the country’s immunity law.”
When back in 2011 former President Ali Abdullah Saleh agreed to resign from the presidency, he did so with the assurances no group, individual or entity will ever be able to hold him accountable in a court of law to any alleged wrong doings or hold responsible for his years in power. He requested that several of his top aides and family members be extended the same preferential judicial treatment in recognition for their years of service to the nation.
While revolutionaries perceived former President Saleh’s early departure from the presidency following months of struggle and unrest, the immunity law drew much controversy, with many crying out that no man should ever be allowed to elude the rule of law. Moreover, political and rights activists challenged to the legality of the immunity bill (the proposal was approved by the parliament in 2012), stressing that should former President Saleh set foot outside Yemen, they would immediately seize the relevant authorities and take him to trial for war crimes.
Back in January when parliament first discussed the draft law Sarah Leah Whitson, executive Middle East director at Human Rights Watch wrote in a statement, “Passing this law would be an affront to thousands of victims of Saleh’s repressive rule, including the relatives of peaceful protesters shot dead last year … Yemeni authorities should be locking up those responsible for serious crimes, not rewarding them with a license to kill.”
Reacting to the news that NDC representatives seek to revoke the law, she noted, “The National Dialogue should embrace the proposal to rid Yemen of its terrible immunity law … Allowing the worst human rights violators to escape prosecution puts all Yemenis at risk of future abuses.”
The Transitional Justice Working Group’s 108th recommendation is to revoke the immunity law to allow for possible prosecutions of serious crimes by those shielded by the law.
Given that from a pure legal standpoint Yem en’s immunity law does indeed violate international legal obligations to prosecute those responsible for serious human rights violations, including crimes against humanity, war crimes, torture, enforced disappearance, and extrajudicial execution, former President Saleh could face an uncertain future.