Libya – War Crimes Committed … Before NATO’s Eyes

Human Wrongs Watch

On 19 March last year, the UN Security Council decided to intervene militarily in Libya to protect unarmed, civilian citizens. The military intervention, which lasted more than seven months, consisted of continuos air surveillance, raids, reported ground actions and arms provision to the “insurgents” as part of such “protection” to the population of the oil-rich country.

*Displaced people in eastern Libya outside Ajdabiya | Credit:United Nations

But now the UN-mandated commission of inquiry that probed human rights abuses in Libya reported that “crimes against humanity and war crimes” were committed by both the troops loyal to the former ruler, Muammar al-Qadhafi, and the forces that fought to oust him.

“Acts of murder, enforced disappearance and torture were perpetrated within the context of a widespread or systematic attack against a civilian population,” according to the summary of the findings of the International Commission of Inquiry on Libya, which comprised Philippe Kirsch, Cherif Bassiouni and Asma Khader.

“The Commission found additional violations including unlawful killing, individual acts of torture and ill-treatment, attacks on civilians, and rape,” according to a UN related report.

Violations, Killing, Torture, Pillage…

“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.”

Violations included “unlawful killing, arbitrary arrest, torture, enforced disappearance, indiscriminate attacks, and pillage.” Anti-Qadhafi fighters particularly targeted members of the Tawergha community and other groups for attack.

The panel was established by an emergency session of the UN Human Rights Council on 25 February last year and mandated to investigate all alleged violations of international human rights law in Libya, establish the facts and circumstances of such violations and of the crimes perpetrated.

It was also asked, where possible, to identify those responsible, make recommendations on accountability measures to ensure that those responsible for human rights violations are held accountable.

The Commission Is Unable to Know…!

According to UN report, the commission also concluded that the North Atlantic Treaty Organization (NATO) conducted a highly precise campaign with a demonstrable determination to avoid civilian casualties. On limited occasions, it 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,” it says in the report.

The report states that Libya’s 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 took note of the transitional Government’s expressed commitment to human rights, saying authorities have taken positive steps to establish mechanisms for accountability.

The panel said the Libyan 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 Failure

Nevertheless, it voiced concern over “the failure to hold accountable members of the thuwar who committed serious human rights 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,” the commission says.

“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.”

The Commission is scheduled to present its report to the current session of the Human Rights Council in Geneva on 9 March.

Impartial Investigations Needed

On 25 October 2011, the United Nations-ordered panel investigating human rights abuses in Libya urged the country’s interim authorities to undertake impartial investigations into allegations of violations of the rights of detainees in their custody, recommending they seek support from the international community.

“It is extremely important that the National Transitional Council (NTC) and all armed groups in Libya ensure that all detainees under their control, irrespective of their affiliations, are treated with due respect for their human rights in accordance with international standards,” said Philippe Kirsch, Chairperson of the Independent Commission of Inquiry in Libya, which was established in February by the Human Rights Council.

Stop Revenge Killings…

“In particular, I would urge all armed forces to refrain from revenge killings and arbitrary repression of Libyans and foreigners,” Kirsch added, saying the investigations were essential to ensure the new State was built on a strong foundation of human rights.

In its report to the Human Rights Council in June last year, the commission recorded serious violations of human rights and international humanitarian law committed by the ousted regime of Muammar al-Qadhafi.

*Image: Displaced people in eastern Libya outside the town of Ajdabiya | Credit:UN

Read also:

‘Libyan Society Falling Apart Without Anti-Gaddafi Glue’

Holding Libya Together?

‘Liberated’ Libya, Now Under Foreign Tutelage

Libya – “A Revolution Is Not a Cocktail Party”

‘The Morning After Qaddafi’

Libya: What Will Happen? (After NATO’s Victory Ceremony)

Who Will Replace The Libyan ‘Mad Dog’?

Libya: ‘Market Lords’ Rush In

2012 Human Wrongs Watch

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