United Nations A/hrc/19/68



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United Nations

A/HRC/19/68




Advance Unedited Version

Distr.: General

2 March 2012


Original: English
Human Rights Council

Nineteenth session

Agenda item 4



Human rights situation that require the Council’s attention

Report of the International Commission of Inquiry on Libya* ** ***


Summary

In emergency session, the Human Rights Council on 25 February 2011 established the International Commission of Inquiry on Libya and gave it the mandate “to investigate all alleged violations of international human rights law in Libya, to establish the facts and circumstances of such violations and of the crimes perpetrated and, where possible, to identify those responsible, to make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable”.

The Commission conducted its investigations applying the international legal regimes dictated by the situation. It concluded that international crimes, specifically crimes against humanity and war crimes, were committed by Qadhafi forces in Libya. Acts of murder, enforced disappearance, and torture were perpetrated within the context of a widespread or systematic attack against a civilian population. The Commission found additional violations including unlawful killing, individual acts of torture and ill-treatment, attacks on civilians, and rape.

The Commission further concluded that the thuwar (anti-Qadhafi forces) committed serious violations, including war crimes and breaches of international human rights law, the latter continuing at the time of the present report. The Commission found these violations to include unlawful killing, arbitrary arrest, torture, enforced disappearance, indiscriminate attacks, and pillage. It found in particular that the thuwar are targeting the Tawergha and other communities.

The Commission concluded that North Atlantic Treaty Organization (NATO) conducted a highly precise campaign with a demonstrable determination to avoid civilian casualties. On limited occasions, the Commission confirmed civilian casualties and found targets that showed no evidence of military utility. The Commission was unable to draw conclusions in such instances on the basis of the information provided by NATO and recommends further investigations.

The interim Government faces many challenges in overcoming a legacy of more than 40 years of serious human rights violations and deterioration of the legislative framework, judicial and national institutions. It has nevertheless expressed a commitment to human rights and has taken positive steps to establish mechanisms for accountability. The government is gradually restoring the judiciary by reopening courts and recalling judges, and there has been some progress in the transfer of detainees to central government control.

The Commission is nevertheless concerned by the failure to hold accountable thuwar committing serious violations. Libyan authorities can break with the Qadhafi legacy by enforcing the law equally, investigating all abuses - irrespective of the perpetrator - and ensuring that amnesty processes comport with Libya’s obligations under international law.

To give effect to its commitment to improve the human rights situation in Libya, the interim Government will need considerable support from the United Nations and the international community.





Contents

Paragraphs Page

I. Introduction 1-9 5

II. Background 10-14 6

III. The Commission’s findings 15–94 7

A. Excessive use of force 15–22 7

(1) Introduction 15 7

(2) Qadhafi forces 16-21 7

(3) Conclusions 22 7

B. Unlawful killing 23–37 8

(1) Introduction 23 8

(2) Qadhafi Forces 24-29 8

(3) Thuwar 30-31 9

(4) The death of Muammar and Mutassim Qadhafi 32-34 9

(5) Conclusions 35-37 9

C. Arbitrary detentions and enforced disappearances 38–43 10

(1) Introduction 38 10

(2) Qadhafi Forces 39-40 10

(3) Thuwar 41 10

(4) Conclusions 42-43 10

D. Torture and other forms of ill-treatment 44-53 11

(1) Introduction 44 11

(2) Qadhafi Forces 45-48 11

(3) Thuwar 49-51 11

(4) Conclusions 52-53 12

E. Targeted communities 54–64 12

(1) Introduction 54 12

(2) Qadhafi Forces 55 12

(3) Thuwar 56-58 12

(4) Tawergha 59 13

(4) Targeting of other communities 60-62 13

(5) Conclusions 63-64 13

F. Sexual violence 65–70 14

(1) Introduction 65 14

(2) Qadhafi Forces 66-68 14

(3) Thuwar 69 14

(4) Conclusions 70 14

G. Attacks on civilians, civilian objects, protected persons and objects 71–82 15

(1) Introduction 71 15

(2) Qadhafi Forces 72-78 15

(3) Thuwar 79 16

(4) Conclusions 80-82 16

H. North Atlantic Treaty Organization 83–94 17

(1) Introduction 83 17

(2) Findings 84-88 17

(3) Conclusions 89 17

I. Prohibited weapons 90 18

J. Mercenaries 91 18

K. Child soldiers 92 18

L. Pillaging 93-94 19

IV. Accountability 95-100 19

(1) Introduction 95-96 19

(2) Applicable Law 97-100 19

(3) Current Situation in Libya 101-109 20

(4) Conclusions 110-115 20

V. Assessment and Findings 116–50 21

(1) Introduction 116-117 21

(2) Qadhafi Forces 118-119 21

(3) Thuwar 120-121 22

(4) NATO 122 22

(5) Current situation in Libya 123-126 22

VI. Recommendations 127-135 22

Annexes


  1. Full Report of the International Commission of Inquiry on Libya

  2. Correspondence from NATO

  3. Map of Libya

  4. UNOSAT imagery analysis

  5. Glossary of weapons used in Libya



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