United Nations A/hrc/19/68

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4. Legal regimes in effect

  1. In its first report, the Commission set out in some detail the legal regimes applicable during Phases I and II of the conflict.48 It noted that at the outset of the conflict, Libya was in a state of peace and the applicable international legal regime comprised international and regional human rights law. The Commission determined that the organization of the thuwar and the intensity of the violence gave rise on 24 February 2011 to a non-international armed conflict which triggered the application of international humanitarian law, and more specifically Protocol II and Common Article 3. This situation remained in place as the Security Council adopted resolution 1973 putting in place a no-fly zone and permitting “all necessary measures” to protect civilians. An international coalition enforcing resolution 1973 began employing force on approximately 19 March 2011. In so doing, the Commission concluded that the necessary elements of an “international armed conflict” had been fulfilled. The Commission further concluded that this was legally separate to the non-international armed conflict, and was thus a “co-existing international armed conflict.”49

  2. The legal regimes applicable during the international and non-international armed conflicts in Libya, including international human rights law, remained in force until the close of hostilities on 24 October 2011.50 From that point onward, human rights law was once again predominant as the applicable international legal regime, save for residual international humanitarian law matters.51

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