Allegations of IHL Violations in Libya
Last week, the Independent Civil Society (ICS) Fact-Finding Mission to Libya published a report documenting alleged violations of international law committed in Libya since the beginning of the 2011 uprising. The ICS mission was a coordinated effort of three Middle East-based organizations: the Palestinian Centre for Human Rights, the Arab Organization for Human Rights, and the International Legal Assistance Consortium. See here for the full report.
In many areas, the mission’s findings echo the initial findings of the Commission of Inquiry on Libya authorized by the United Nations Human Rights Council (UNHRC) in March 2011. (See here for the UNHRC commission’s original mandate, here for the commission’s initial report, here for the mandate extension authorized by the UNHRC last June, as well as here and here for summaries of interactive dialogues held last year between the commission and the UNHRC. The commission is still active in Libya and is due to produce a final report by March 2012.)
The ICS mission heard allegations that pro-Qaddafi forces were responsible for, among other violations, use of excessive force against peaceful protesters, mass arrests of political opponents, torture, indiscriminate attacks against civilians, and rape — all of which are also detailed in the UNHRC commission’s report. Additionally, the ICS report expresses concern about allegations regarding the Qaddafi killing, other revenge killings perpetrated by anti-Qaddafi forces, and mass arrests of dark skinned non-nationals (all of which the UNHRC commission has addressed as well, as noted here).
However, the ICS mission’s statements about the legality of NATO’s operations in Libya differ in certain respects from those of the UNHRC commission. While the UNHRC commission’s June 2011 report states, “[T]he Commission has not seen evidence to suggest that civilian areas have been intentionally targeted by NATO forces, nor that it has engaged in indiscriminate attacks on civilians” (see para. 235), the ICS report asserts that “the criteria and procedures used [by NATO] to classify civilian objects as military objects raises concerns and warrants effective further investigation.” Additionally, the ICS report states that “it appears that NATO participated in what could be classified as offensive actions,” thus potentially exceeding the legal authorization provided by United Nations Security Council (UNSC) in resolution 1973. (Decided under Chapter VII of the UN Charter, resolution 1973 authorized United Nations Member States “to take all necessary measures... to protect civilians and civilian populated areas under threat of attack” and to enforce a no-fly zone in Libya.)
Allegations about NATO’s actions in Libya have already drawn the attention of the International Criminal Court (ICC). In November 2011, the ICC informed the UNSC that “there are allegations of crimes committed by NATO forces [and] these allegations will be examined impartially and independently.” But press reports suggest that the ICC intends to base its decision about opening a formal investigation on the UNHRC commission’s final findings.
For additional resources on international legal aspects of the situation in Libya, see a previous HPCR blog entry on alleged extrajudicial killings committed by anti-Qaddafi forces, HPCR blog entries here and here on the complexities of the conflict’s legal classification, and a recording of HPCR’s live web seminar — “The Crisis in Libya: The International Response” — from April 2011.
