U.S. Lawyers Fret as the Saudis Bomb

A Saudi airstrike that destroyed a funeral hall and killed 140 people Saturday in Yemen is a scenario U.S. lawyers have been worried about under international law. Documents obtained by Reuters reveal that State Department lawyers were concerned that arms sales to the Saudis might make the U.S. liable for war crimes the Saudis might commit. The U.S. hasn’t been giving targets to the Saudis but, problematically, it has provided a no-strike list including critical infrastructure. In effect, that may make the U.S. complicit in targeting decisions like the one that tragically hit the funeral hall. Worse, the U.S. has been refueling Saudi warplanes for strikes in Yemen.

The documents suggest a welter of concerns and proposed remedies -- some of which may have made the legal situation worse. One document refers to a “paper on options for engaging the Saudis on minimizing civilian casualties in Yemen” that was ordered by the National Security Council. The paper hasn’t been released, but the available document says that it discusses “LOAC,” the laws of armed conflict. This suggests that the White House was aware of and concerned about Saudi targeting of civilians -- including the legal dimension. Another refers to “options to limit U.S. exposure to LOAC concerns.”