United Nations A/HRC/17/44 General Assembly Distr.: General 12 January 2012 Original: English Human Rights Council Seventeenth session Agenda item 4 Human rights situation that require the Council’s attention Report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya* Summary Pursuant to Human Rights Council resolution S-15/1 of 25 February 2011, entitled “Situation of human rights in the Libyan Arab Jamahiriya”, the President of the Human Rights Council established the International Commission of Inquiry, and appointed M. Cherif Bassiouni as the Chairperson of the Commission, and Asma Khader and Philippe Kirsch as the two other members. In paragraph 11 of resolution S-15/1, the Human Rights Council requested the Commission to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya, to establish the facts and circumstances of such violations and of the crimes perpetrated and, where possible, to identify those responsible, to make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable. The Commission decided to consider actions by all parties that might have constituted human rights violations throughout Libya. It also considered violations committed before, during and after the demonstrations witnessed in a number of cities in the country in February 2011. In the light of the armed conflict that developed in late February 2011 in the Libyan Arab Jamahiriya and continued during the Commission‟s operations, the Commission looked into both violations of international human rights law and relevant provisions of international humanitarian law, the lex specialis that applies during armed conflict. Furthermore, following the referral of the events in the Libyan Arab Jamahiriya by the Security Council to the International Criminal Court, the Commission also considered events in the light of international criminal law. * Late submission. GE.12-10123 A/HRC/17/44 The Commission established direct contact with the Government of the Libyan Arab Jamahiriya and the National Transitional Council, as well as with representatives of civil society and individuals throughout the country. It met with over 350 people during its field missions, including meetings with 113 people (doctors and other medical staff, patients and members of their families) in 10 hospitals, meeting with 30 people detained in two locations in the country (Tripoli and Benghazi) and meetings with 148 persons (individually or in groups) displaced either within the Libyan Arab Jamahiriya or in transit points or refugee camps outside it. The Commission reviewed all allegations raised in connection with issues arising under its mandate. It studied a large number of reports, submissions and other documentation either researched of its own initiative or provided by others, amounting to more than 5,000 pages of documents, more than 580 videos and over 2,200 photographs. 2 A/HRC/17/44 Contents Paragraphs Page Acronyms and abbreviations ............................................................................................................ 4 I. Introduction ............................................................................................................. 1–19 5 A. Mandate and methods of work ........................................................................ 1–10 5 B. Challenges faced by the Commission ............................................................. 11–13 7 C. Cooperation with Governments and other institutions .................................... 14–18 8 D. Acknowledgements ......................................................................................... 19 9 II. The Commission‟s findings of violations of international human rights law and international humanitarian law ................................................................................ 20–70 9 A. Introduction .................................................................................................... 20–25 9 B. The events from February 2011 ...................................................................... 26–35 11 C. Categories of security groups participating in the events ............................... 36–49 14 D. International legal framework for the Commission‟s analysis .......................... 50–70 17 III. Violations ................................................................................................................ 71–225 23 A. Excessive use of force against demonstrators ................................................. 72–89 23 B. Arbitrary detentions and enforced disappearances ......................................... 90–110 28 C. Torture and other forms of ill-treatment ......................................................... 111–119 32 D. Denial of access to medical treatment ............................................................ 120–129 34 E. Freedom of expression .................................................................................... 130–144 36 F. Attacks on civilians, civilian objects, protected persons and objects .............. 145–170 41 G. Prohibited weapons ......................................................................................... 171–179 49 H. Use of mercenaries ......................................................................................... 180–191 51 I. Migrant workers.............................................................................................. 192–201 54 J. Sexual violence ............................................................................................... 202–209 58 K. Children in armed conflict .............................................................................. 210–217 60 L. NATO use of force ......................................................................................... 218–225 62 IV. Assessment and findings ........................................................................................ 226–257 64 V. Recommendations ................................................................................................... 258–261 69 Annexes I. Programme of work of the International Commission of Inquiry on Libya ..................................... 71 II. Glossary of terms ............................................................................................................................. 76 III. Members States and organizations that submitted information to the International Commission of Inquiry ......................................................................................................................................... 77 3 A/HRC/17/44 Acronyms and abbreviations Protocol I Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts Protocol II Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts ESA External Security Agency ICRC International Committee of the Red Cross ISA Internal Security Agency NATO North Atlantic Treaty Organization NGO Non-governmental organization NTC National Transitional Council OHCHR Office of the United Nations High Commissioner for Human Rights Rome Statute Rome Statute of the International Criminal Court UNESCO United Nations Educational, Scientific and Cultural Organization UNHCR Office of the United Nations High Commissioner for Refugees UNICEF United Nations Children‟s Fund 4 A/HRC/17/44 I. Introduction A. Mandate and methods of work 1. On 25 February 2011, the fifteenth special session of the Human Rights Council adopted resolution S-15/1 entitled “Situation of Human Rights in the Libyan Arab Jamahiriya” which inter alia, decided to dispatch an independent, international commission of inquiry. 2. Accordingly, on 15 March 2011, the President of the Human Rights Council established the International Commission of Inquiry and appointed its three members, M. Cherif Bassiouni (Egypt); Asma Khader (Jordan) and Philippe Kirsch (Canada). The President also designated M. Cherif Bassiouni as the Chairperson of the Commission. As requested by the Human Rights Council, the Office of the United Nations High Commissioner for Human Rights (OHCHR) established a secretariat to support the Commission. 3. Paragraph 11 of resolution S-15/1 requested the Commission “to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya, to establish the facts and circumstances of such violations and of the crimes perpetrated and, where possible, to identify those responsible, to make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable”. 4. Accordingly, the Commission determined that it was required to consider actions by all parties that might have constituted human rights violations throughout the territory of Libya. The Commission was also asked to consider the “facts and circumstances of such violations and of the crimes perpetrated”. Given the Security Council‟s referral of events in Libya to the International Criminal Court, the Commission has also considered events in light of international criminal law.1 The Commission‟s temporal mandate is not limited and therefore includes violations before, during and after the demonstrations witnessed in a number of cities in Libya