United Nations A/hrc/19/68

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D. Applicable law

15. In its first report, the Commission set out the three major bodies of international law most relevant to its inquiry: international human rights law, international humanitarian law, and international criminal law.22 A summary of each regime is set out below, whereas a more detailed discussion is available in the Commission’s first report.

1. International human rights law

16. At all times relevant to this report Libya was a party to major United Nations human rights treaties and a number of optional protocols.23 The Qadhafi Government did not declare a state of emergency nor otherwise seek to derogate from any of the aforementioned obligations which consequently remained in effect throughout the conflict, irrespective of the applicability of other legal regimes.24

  1. All branches of the former Libyan government were therefore bound to respect, protect, promote and fulfill the human rights of all persons within its jurisdiction. The obligation included the right to afford an effective remedy to those whose rights were violated (including the provision of reparations) and to investigate and bring to justice perpetrators of particular violations.25 Libya was also bound by relevant rules of international human rights law which form a part of customary international law.

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