Dassault Aviation, MDBA and Thales case in Yemen
For justice beyond
borders
Why was a legal action brought against Dassault Aviation, MBDA and Thales?
Sherpa recalls that any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.
Since 2015, a military coalition led by Saudi Arabia and the United Arab Emirates (UAE) has been intervening in the Yemen conflict against the Houthi forces who took over swathes of territory. The coalition implemented a naval and air blockade and carried out numerous airstrikes, killing and injuring civilians, damaging infrastructure and preventing the arrival of humanitarian aid. These actions were qualified as serious violations of international law by NGOs and international organisations.
The complaint, lodged in 2022 by Sherpa, the European Center for Constitutional and Human Rights (ECCHR) and Mwatana for Human Rights against Dassault Aviation, MBDA and Thales, seeks to expose their potential complicity in war crimes and crimes against humanity. These French arms companies are accused of transferring weapons and/or providing maintenance services to Saudi Arabia and the UAE, despite public sources about the crimes committed by the coalition.
Prior to this criminal complaint, Sherpa, along with other civil society organisations, had challenged before administrative courts the legality of export licences granted by France to companies selling arms to the coalition. The Arms Trade Treaty prohibits States from authorising arms exports when there is a risk that they could be used in violations of international humanitarian law. However, in 2023, France’s highest administrative court refused to rule on the legality of decisions taken by the government concerning these arms exports. This constitutes an additional hurdle to the control of French arms sales, which is already severely hampered by the lack of transparency in licensing decisions.
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Impact
Why initiate legal action?
The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.
Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate an contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.
In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.
