United Nations A/hrc/19/68


III. The Commission’s findings



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III. The Commission’s findings

        1. Excessive Use of Force

Introduction

  1. In its first report, the Commission concluded that there was sufficient evidence to suggest that Qadhafi forces engaged in excessive use of force against demonstrators in mid to late February 2011. 120 The Commission subsequently conducted over 60 interviews looking at this issue.

  2. Analysis of allegations of excessive use of force by Qadhafi forces and the thuwar during attacks on towns and cities is contained in the examination of alleged indiscriminate attacks (see chap. III, sect. G).

Applicable Law

  1. The attacks on the demonstrators took place in Phase I when international human rights law was applicable. International human rights law prohibits arbitrary deprivation of life (Article 6 ICCPR) and guarantees security of persons (Article 9 ICCPR), the right to peaceful assembly (Article 21 ICCPR) and the right to freedom of expression (Article 19 ICCPR). Excessive use of force by law enforcement officials (whether police or military or other members of State security forces) impinges on these fundamental guarantees. International standards such as the Code of Conduct for Law Enforcement Officials and the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials121 which provide further guidance are set out in the Commission’s first report.122

  2. During Phase I, violations, if proven, might also amount to constituent acts of a crime against humanity (such as murder), if committed as part of a widespread or systematic attack against a civilian population with knowledge of that attack.



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