Crise iemenita: da atuação de mercenários contratados à jurisdição do tribunal penal internacional frente às violações de direito humanitário

Abstract

The War in Yemen completes, in 2020, six years of duration, being routinely rated as the worst existing humanitarian crisis, given that the number of fatalities has already exceeded 100,000 dead. Despite being an internal conflict, hostilities involve numerous fronts, both state and nonstate, what makes it difficult to resolve. One aspect, however, that makes the conflict even more peculiar is the use of mercenaries, that is, private combatants who are identified as the cause of several atrocities classified as war crimes and crimes against humanity by the international society. In light of this scenario, a recurring question has been the possibility of bringing these situations to the attention of the International Criminal Court (ICC), so that it can judge these actors by their conduct, being this the central object of analysis of the article, which is carried out through the hypothetical-deductive method and from a descriptive-explanatory view. Therefore, parting from a bibliographic and documentary analysis, after verifying the details of the Yemeni conflict and studying the performance of the parties involved, we examine the performance of the ICC, concluding that only mercenaries from State-parties to the Rome Statute could be tried by it, despite the prosecution of the Court having rejected, in 2019, the complaints intended to try those involved in the conflict.