United Nations A/hrc/19/68

Targeting of other communities

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5. Targeting of other communities

60. Thuwar from Zintan have targeted Mashashiya towns, perceived as loyalist. The Commission was able to confirm reports that Mashashiya detainees have been tortured, towns looted, and property burnt. Mashashiyans who have attempted to return to their homes have reportedly been beaten. In December 2011, Zintani thuwar reportedly shelled a town containing Mashashiya IDPs. The Military Council twice refused to allow the Commission to enter one of the towns. Nonetheless, damage was visible. Graffiti was written on the town signs, including “Mashashiya - Qadhafi’s dogs”.

61. The inhabitants of Tiji and Badr are Arabs in an originally Amazigh region. When Nalut thuwar entered Tiji and Badr in August 2011 they reportedly demanded that its remaining residents leave, and killed three brothers. Thuwar from Nalut subsequently shelled Tiji in October 2011 with Grad rockets, killing at least three young women. According to testimony received, Nalut thuwar detained a number of adult men, called them “Arab dogs” and told them “this is not your land”. The Commission observed that evidence of burning could still be seen in the town.

62. The Commission has received reports of beatings and looting in Abu Kammesh by Zowara thuwar. One interviewee stated that a work colleague told him “you’re an Arab living on Amazigh land, we’re going to kick you all out”. Sub-Saharan Africans were also arbitrarily arrested and beaten in detention and even killed, by various thuwar.

6. Conclusions

63. The Misrata thuwar have killed, arbitrarily arrested and tortured Tawerghans across Libya. The destruction of Tawergha has been done to render it uninhabitable. Murder, torture and cruel treatment, and pillaging which occurred during the hostilities constitute a war crime. Where they have continued since, they violate international human rights law. The torture and killing by Misratan thuwar would also, given the widespread and systematic manner in which they have occurred here, be capable of constituting a crime against humanity and the facts indicate crimes against humanity have taken place.

64. The Commission finds that Zintan thuwar have killed, arbitrarily arrested and tortured members of the Mashashiyan community; that Nalut thuwar have committed unlawful killings and torture in Tiji, as well as looting and destroying property; and that Zowara thuwar have committed unlawful killings and torture, as well as looting and destruction of property in Abu Kammesh. In these cases, while there were clear indications that the communities were targeted and the consequences for individuals were severe, the Commission did not find the necessary evidence to indicate that the attacks against these communities were as widespread or as systematic as is the case with the Misratan thuwar and Tawergha. Insofar as these acts took place within the context of the armed conflict, however, they constitute war crimes; where they have occurred since the armed conflict ceased, they constitute a violation of international human rights law.

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