COUNCIL HOLDS INTERACTIVE DIALOGUE WITH COMMISSION OF INQUIRY ON ALLEGED HUMAN RIGHTS VIOLATIONS IN LIBYA
The Human Rights Council in a midday meeting today held an interactive dialogue on the report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in Libya.
Presenting the report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in Libya, Cherif Bassiouni, Chairperson of the Commission of Inquiry, said the report was the result of meetings with over 350 persons and the study of a large number of reports, submissions and other documentation, amounting to more than 5,000 pages, over 580 videos and over 2,200 photographs. The Commission found that what had started as a series of peaceful demonstrations was met with violent opposition by the Government and those supporting it, which then escalated into a civil war in which opposing forces fought battles in cities and for the control of territory.
In these contexts, there had been acts constituting murder, unlawful imprisonment and other forms of severe violations of fundamental rules of international law. These included torture, persecution and enforced disappearance, committed by Government forces and their supporters as part of a widespread or systematic attack against a civilian population with the knowledge that the attack was directed against part of the Libyan population. Such acts fell within the meaning of “crimes against humanity” as defined in Article 7 of the International Criminal Court status and under customary international law. The Commission also found that Government forces and their supporters had committed many serious violations of international humanitarian law amounting to “war crimes”. The Commission was not of the view that the violations committed by the opposition armed forces had been part of any “widespread or systematic attack” against a civilian population such as to amount to crimes against humanity. However, it had received reports of facts that would indicate that forces connected with the opposition had committed international crimes.
Libya, speaking as a concerned country, said Libya had cooperated fully with the Chairperson of the Commission of Inquiry, Cherif Bassiouni. Despite the tension and turmoil, Libya remained committed to its international obligations, including its firm commitment to ensure rights and freedoms. Libya had presented a written report to the International Commission of Inquiry ensuring that no widespread and systematic violations of human rights had taken place under the orders of the Libyan authorities. The Libyan report also denied widespread and systematic attacks against civilians, torture and other violations. Libya had been condemned in the resolution approved by the Council on 25 February, but this resolution was based on fabricated information reported by media that was hostile to the country. Libya had handled the peaceful protests of 15 February in the normal way with no violations of human rights. The protests were quickly used by terrorist and criminal groups which started an armed rebellion and widespread violence, attacking police stations and army camps and taking weapons and using them in a violent way to overthrow the legitimate regime. The misunderstanding about the situation in Libya was because of the developments in the region and the anti-Libya media plan. The media had fabricated information that incited the international community to violence against Libya. Libya warned the international community against relying on this information.
In the interactive dialogue on the report of the International Commission of Inquiry, speakers thanked the Commission for its hard work and the resulting recommendations, despite the fact that the members had worked under difficult circumstances and time constraints. Several speakers condemned the gross and systematic human rights violations in Libya and they said that the Commission’s findings reinforced the conviction that the international community was right in reacting swiftly and firmly to events in Libya. They also shared the Commission’s conclusion that there was evidence that international crimes, specifically crimes against humanity and war crimes, had been committed in Libya. The authorities in Libya had lost all legitimacy and could not longer claim to represent the Libyan people; Gaddafi should go. At the same time, speakers called on the National Transitional Council to promote and protect human rights. Many speakers also expressed support for the extension of the mandate of the Commission of Inquiry. Other speakers said that despite the fact that diplomatic channels and peaceful methods had not been exhausted, NATO had used lethal weapons, killing the civilians it ostensibly was supposed to protect; reports of indiscriminate use of force by NATO deserved equal attention and investigation.
Speaking in the interactive dialogue were Palestine on behalf of the Arab Group, the European Union, Jordan (reading a statement on behalf of the Libyan National Transitional Council), Cuba, Nigeria on behalf of the African Group, the United Kingdom, Iraq, France, Qatar, China, the Russian Federation, Thailand, the Maldives, Argentina, the United States, Mexico, Norway, Brazil, Spain, Italy, Venezuela, Turkey, Morocco, Poland, Denmark, Canada, Germany, Japan, Mauritania, Ireland, Switzerland, Malaysia, Belgium, Sweden, Portugal, Australia, Uganda, the Republic of Korea, Slovakia, Sudan, Lebanon and Chile.
The following non-governmental organizations also took the floor: the Cairo Institute for Human Rights Studies, Reporters without Borders, Human Rights Watch, Amman Centre for Human Rights Studies and Nord-Sud XXI.
The scheduled interactive dialogue on the report of the High Commissioner on the situation of human rights in Libya was postponed until noon on Friday, 9 June. The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. In the afternoon meeting, the Council will consider the outcome of the Universal Periodic Review on Paraguay, and will then hold a general debate on its agenda item on the Universal Periodic Review. It will meet in private from 5 p.m. to 6 p.m. to take up its Complaint Procedure
Interactive Dialogue on the Report of the International Commission of Inquiry to Investigate all Alleged Violations of International Human Rights Law in Libya
Documentation
The Report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in the Libyan Arab Jamahiriya, (A/HRC/17/44), outlines the findings of the Commission charged with investigating all alleged violations of international human rights law in the Libyan Arab Jamahiriya, establishing the facts and circumstances of such violations and of the crimes perpetrated and, where possible, identifying those responsible, and making recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable.
Presentation of the Report
CHERIF BASSIOUNI, Chairperson of the Commission of Inquiry to investigate all alleged violations of international human rights law in Libya, said that the report was based on the Commission’s findings gathered during its visits to Libya, Egypt and Tunisia. The report was the result of meetings with over 350 persons, including high-level officials from the Libyan Government and representatives of the National Transitional Council, victims, direct witnesses, doctors, medical staff, patients and members of their families, as well as detainees and refugees. As part of its investigative process, the Commission also studied a large number of reports, submissions and other documentation, amounting to more than 5,000 pages, over 580 videos and over 2,200 photographs. The Commission found that what had started as a series of peaceful demonstrations aimed at achieving reforms in governance was met with violent opposition of the Government and those supporting it. Within a relatively short period, this initial phase had escalated into a civil war in which opposing forces fought battles in cities and for the control of territory.
In these contexts, there had been acts constituting murder, unlawful imprisonment and other forms of severe violations of fundamental rules of international law. These included torture, persecution and enforced disappearance, committed by Government forces and their supporters as part of a widespread or systematic attack against a civilian population with the knowledge that the attack was directed against part of the Libyan population. Such acts fell within the meaning of “crimes against humanity” as defined in Article 7 of the International Criminal Court status and under customary international law. The Commission also found that Government forces and their supporters had committed many serious violations of international humanitarian law amounting to “war crimes”. These included attacks on civilians and civilian objects, attacks on humanitarian-related personnel, medical units and transport using the distinctive emblems of the Geneva Conventions, as well as violence to life and person, and humiliating and degrading treatment.
The Commission was not of the view that the violations committed by the opposition armed forces had been part of any “widespread or systematic attack” against a civilian population such as to amount to crimes against humanity. However, it had received reports of facts that would indicate that forces connected with the opposition had committed international crimes. The Commission had established that opposition armed forces had committed some acts of killings, torture and cruel treatment, as well as some outrages upon personal dignity, in particular against persons in detention, migrant workers and those believed to be mercenaries. Those acts that occurred during the period of armed conflict constituted war crimes. The Commission had requested both sides to conduct exhaustive, impartial and transparent investigations, and had notified them about the need to release all prisoners not charged with crimes in accordance with international due process standards. Future work was needed and would permit to assess the veracity of the allegations received and to visit Libyan locations affected by the conflict. The Commission recommended that the Human Rights Council remain seized of the situation by extending the mandate of the Commission or by establishing a mechanism able to continue the necessary investigations.
Statement by the Concerned Country
MUSTAFA SHABAN (Libya), speaking as a concerned country, thanked the President of the Council for allowing it to attend the meeting in a procedure that was unique. This was being regarded as a wise procedure in Libya because it would allow the facts to be understood, as hearing the different points of view was the only way to find the truth. Libya had cooperated fully with the Chairperson of the Commission of Inquiry, Cherif Bassiouni. Despite the tension and turmoil, Libya remained committed to its international obligations, including its firm commitment to ensure rights and freedoms. Libya had presented a written report to the International Commission of Inquiry ensuring that no widespread and systematic violations of human rights had taken place under the orders of the Libyan authorities. The Libyan report also denied widespread and systematic attacks against civilians, torture and other violations. Libya had been condemned in the resolution approved by the Council on 25 February, but this resolution was based on fabricated information reported by media that was hostile to the country. Libya noted that this information had led to hatred against the Libyan authorities. This information gave international and regional organizations a wrong opinion of what was happening in Libya. What was taking place was not a peaceful protest. It was an armed rebellion. Libya had handled the peaceful protests of 15 February in the normal way with no violations of human rights. The protests were quickly used by terrorist and criminal groups which started an armed rebellion and widespread violence, attacking police stations and army camps and taking weapons and using them in a violent way to overthrow the legitimate regime. Even at this point, the orders sent to the police and the army were to use restraint, not to fire weapons, and to evacuate the police stations and army camps.
The misunderstanding about the situation in Libya was because of the developments in the region and the anti-Libya media plan. The success of the peaceful protests in Tunis and Egypt gave an incorrect view of the situation in Libya. From the second day, the protests in Libya turned into an armed insurgency with machine guns and heavy artillery, including tanks. The media had fabricated information that incited the international community to violence against Libya. Libya warned the international community against relying on this information. Additionally, it was regrettable that the Arab League had adopted resolutions against Libya based on this information. Libya stressed that the situation was deteriorating because of the action by the North Atlantic Treaty Organization NATO and the no fly zone. There had been a cessation of all productive services as a result of the NATO action. Daily shelling continued and in recent weeks the action took the form of political assassinations under the pretext of protecting civilians. Libya accused the NATO countries of violating human rights heinously in Libya. These counted as crimes against humanity and war crimes. Libya took the opportunity to lodge an official complaint with the Council against the actions of NATO members.
Libya asked the Commission to cover the situation in cities that were not under the authority of the Libyan State. Libya called on the Council to extend the mandate of the Commission of Inquiry to gather new evidence. It noted that NATO had attacked and targeted civilians and civilian infrastructure and architectural elements classified by UNESCO. Further, school and university students were not able to go to schools and universities. Additionally communication towers and agricultural areas were under attack. Libya wanted to allow the Commission to hear the statements of neutral parties. The Libyan authorities would give full access to the Commission to visit all necessary areas.
Interactive Dialogue
IBRAHIM KHRAISHI (Palestine), speaking on behalf of the Arab Group, thanked the Commission for its presentation and comprehensive report. The Arab Group expressed its appreciation and gratitude to the Chairman and members for fulfilling their mandate. The report provided an importance framework regarding the violation of human rights and humanitarian law. The Arab Group called on the Libyan Government to fully respect international human rights and humanitarian law. The Arab community and Arab Group expressed their support for the recommendations and the importance of their implementation and asked the Commission for further reports and investigations of the situation.
MARIANGELA ZAPPIA (European Union) thanked the Commission, which was able to accomplish meaningful and substantive work. The European Union had repeatedly condemned the gross and systematic human rights violations in Libya and the Commission’s findings reinforced the conviction that the international community was right in reacting swiftly and firmly to events in Libya. The European Union shared the Commission’s conclusion that there was evidence that international crimes and specifically crimes against humanity and war crimes had been committed in Libya. The European Union supported the cross-regional mandate for the Commission of Inquiry. The European Union posed two questions. One question concerned the concrete, immediate steps that could be taken to improve the situation on the ground. The European Union also asked how the situation of impunity could be best addressed.
SHEHAB A. MADI (Jordan), reading a statement on behalf of the National Transitional Council of Libya, said that the National Transitional Council had studied the Commission of Inquiry’s objective and professional report. The repression of the fundamental freedoms of the people and the denial of their dignity were the means Muammar Gaddafi’s regime had adopted for more than four decades, leaving thousands of people victims of human rights violations. The National Transitional Council reiterated its acceptance of the recommendations contained in the report of the Commission of Inquiry. It welcomed the Commission’s continued work and fully supported the extension of its mandate.
RODOLFO REYES RODRIGUEZ (Cuba) said that Cuba had from the beginning denounced the occupation plans and categorically rejected any means with such effects. Although diplomatic instruments and peaceful methods had not been exhausted, the North Atlantic Treaty Organization NATO had used lethal weapons, bringing death to civilians whom it was supposed to be protecting by its bombings. Cuba, together with others, called on the United Nations Security Council to adopt appropriate measures. The Cuban people had done a great deal to promote life and they could not accept that all measures were used for the supposed protection of civilians; this was the path to the killing of innocent people. Cuba reiterated its confidence in the ability of the Libyan people to resolve the conflict without foreign intervention of any kind.
UMUNNA HUMPHREY ORJIAKO (Nigeria), speaking on behalf of the African Group, said that the African Group was encouraged that the Council had agreed to consider acts that constituted human rights violations by all parties involved in the situation in Libya. The African Group noted that this would be important to establishing the facts in the ground which were required to carry out thorough investigations. Nigeria thanked the Council for establishing contact with the Government of Libya and civil society. There was evidence that excessive force was used against civilians by the Libyan Government. Excessive use of force against civilians was a condemnable act. The African Group was disappointed to note that torture was committed by both the Government and the opposition forces, with violations of international humanitarian law and international human rights law. It was unfortunate to know that there had been destruction of civilian infrastructure. The African Group expressed alarm that migrant workers from Africa were subjected to mistreatment. This had taken many forms including arbitrary searches, beatings and other cruel and degrading inhumane treatment. Further these actions were based on erroneous information that the migrant workers were mercenaries. Nigeria endorsed the recommendations of the Commission of Inquiry that Libya cease acts of violence against civilians and conduct investigations into the violation of international human rights law and international humanitarian law. It was necessary to ensure that humanitarian assistance was provided to the population. The heads of the African States had met on the situation and had proposed a roadmap which included humanitarian assistance and assistance to migrant workers.
PETER GOODERHAM (United Kingdom) strongly supported the report of the Commission of Inquiry. Further the United Kingdom aligned itself with the European Union statement and noted its support for NATO members as well as the statement delivered of the National Transitional Council delivered by the Ambassador of Jordan. The United Kingdom stressed that the report and its findings reinforced the decision in February to refer the situation in Libya to the International Criminal Court as well as the decision to suspend Libya from the Human Rights Council. The United Kingdom noted that there continued to be reports of violence, including attacks against civilians, blocked access to humanitarian aid, and sexual violence. The United Kingdom supported the recommendations with regard to the Government in Libya and called on the Government to heed and to act on those recommendations. It further stressed that the National Transitional Council should cooperate with the Commission. The United Kingdom welcomed the National Transitional Council’s stated commitment to human rights and the rule of law. The United Kingdom noted the allegations concerning NATO and refuted those statements. The United Kingdom stressed that there was a compelling case for the Commission to continue investigations in order that those responsible could be held to account.
HUSSEIN AL-ZUHAIRRY (Iraq) thanked the Commission of Inquiry for its report on the critical situation in Libya. Iraq appreciated interventions of other States concerning the situation in Libya. Iraq condemned all forms of violence committed by the Libyan authorities, which had greatly worsened the situation of the Libyan people. The use of mercenaries and heavy artillery against the rebels, and other actions were violations of international human rights and humanitarian law. Iraq found the legitimacy of the Human Rights Council under threat because it recognized the Libyan Government as the sole legitimate representative of the Libyan people, despite the recognition and support of the opposition by the United Nations Security Council and other international bodies. Some Arab countries had participated in the efforts to end the massacres and the flow of bloodshed. Iraq asked whether the Council had forgotten that it was a body for representing and defending the rights of people.
JEAN-BAPTISTE MATTEI (France) associated itself with the statement made by European Union and the statement made by Jordan, supported the Transitional National Council and did not recognize the representation of Libya. France supported the Commission’s report, which confirmed the gravity of violations of human rights by the Tripoli regime. There were suspicions regarding other serious crimes as well. Given the continued violations, the activities of the Commission of Inquiry were justified. France acted and continued to act in accordance with resolution 1973. The perpetrators and instigators of violence should be brought to justice and thus France supported the relationship established between the Council and the International Criminal Court. France supported the issue of warrants by the International Criminal Court. The authorities in Libya could not longer claim any call to represent the Libyan people. Gaddafi should go. France recognized the report of the Commission of Inquiry which had highlighted concerns that the Transitional Nation Council was violating human rights. The Transitional National Council had a particular obligation to promote and protect human rights.
ABDULLA FALAH ABDULLA AL-DOSARI (Qatar) said that the Commission of Inquiry’s report had considered the situation in Libya based on international criminal law and through meetings with representatives of both the National Transitional Council and the Libyan Government, among others. This showed that the report was credible and professional. The report confirmed the deterioration of the situation in Libya, and the Commission had been able to document crimes against humanity and war crimes. Qatar condemned the indiscriminate attacks against civilians and it had always confirmed its firm conviction that the Libyan people must be supported with a view to creating a state of law. Qatar called on the regime of Muammar Gaddafi to abide by international instruments and it urged the National Transitional Council to abide by the rights of the Libyan people. Qatar was in favour of extending the Commission’s mandate so that it could pursue its work, including investigating the recruitment of children under the age of 15 into the armed forces. Qatar would continue to show solidarity with the brotherly people of Libya on the basis of its clear foreign policy.
HE YAFEI (China) said that China was concerned about the upheaval in Libya and condemned any acts of violence against the civilian population. It was deeply worried at the loss of civilian lives and hoped that the resolution of the Human Rights Council would be respected. China called on all sides to immediately establish a ceasefire in order to avoid that the situation deteriorated further and that the humanitarian crisis worsened. All sides must comply with the United Nations Security Council resolution 1973. It was China’s hope that all parties would respect the independence and integrity of Libya and China supported any efforts aimed at politically solving the problem. China hoped that all sides in Libya would fully take on board the constructive opinions of the African Union with a view to resolve the crisis as soon as possible.
VALERY LOSHCHININ (Russian Federation) said that the Russian Federation noted that the methods that the Commission of Inquiry had chosen to conduct inquiries were appropriate given the timeframe in which the investigations had taken place. The Russian Federation also noted the appropriate legal framework employed by the Commission of Inquiry. Regardless, a number of recommendations and conclusions of the Commission of Inquiry gave rise to certain questions, such as why the experts of the Commission of Inquiry were unable to verify facts concerning inappropriate acts carried by NATO. It was also necessary to see the situation as it was today, which was characterised by the cease fire and the start of negotiations. The Russian Federation called on external forces participating in the Libyan conflict to help the parties find the solutions and not to act outside of the framework of the United Nations. The major concern today was the use of missile attacks on a range of targets, including civilians. The Russian Federation could not support the earlier decision of the NATO to extend its operation for another three months. In conclusion, the Russian Federation recommended all those concerned to be independent and impartial in their assessment of the human rights situation in Libya.
SEK WANNAMETHEE (Thailand) said that the interactive dialogue today was a proof of the concern that all the members of the Council shared about the situation in Libya and the deteriorating humanitarian situation. Thailand urged all parties to fully respect international humanitarian law and international human rights law and the relevant United Nations Security Council resolutions, particularly those related to the immediate ceasefire and protection of civilians. Thailand called on both the Government of Libya and the National Transitional Council to conduct independent and impartial investigations into all alleged violations of international humanitarian law and to bring those responsible to justice. As the protection of civilians was of paramount concern to Thailand, the delegation reiterated the need for an immediate cease fire and immediate return of humanitarian agencies and resumption of humanitarian aid. Thailand strongly supported the extension of the mandate of the Commission of Inquiry for one year.
IRUTHISHAM ADAM (Maldives) noted that the Maldives was ashamed to share the room with the representatives of a person who had used his military and paramilitary forces to kill and torture thousands of innocent people, including women and children. Instead of listening to the legitimate aspirations of the protest movement, the regime of Muammar Gaddafi had chosen to use state security to crack down and to intimidate rather than to talk, to put the narrow self interest of Gaddafi before the well-being of his people and his country. The moment that the Government did so, it became directly responsible for the tragic events which had unfolded ever since, including the death of thousands of innocent men, women and children, and the serious and widespread violations of all human rights.
HECTOR RAUL PELAEZ (Argentina) noted that Argentina had co-sponsored the proposal to deal with the human rights situation in Libya. Argentina stressed the importance of the work done by the Commission of Inquiry. Among the recommendations made to the National Transitional Council was a recommendation regarding the implementation of international humanitarian law. Argentina emphasized that it was understood within international law that these recommendations derived from international humanitarian law which imposed obligations on all States. It further noted that this presupposed the legal status of the National Transitional Council and likened it to a State. Argentina said that it was essential to investigate the violations of human rights and that it was incumbent upon States to deal with this and not non state actors. Argentina recalled that the right to investigate events within sovereign States was inherent to States. Argentina also agreed with the suggestion that the Council should extend the mandate of the Commission or establish a mechanism with the ability to continue the investigations.
EILEEN CHAMBERLAIN DONAHOE (United States) said the Commission’s report painted a stark picture of a ruthless Government willing to use the most extreme tactics to remain in power, to punish peaceful protest and to frustrate the demands of its people. The report accurately described the Government system instituted by Muammar Gaddafi: a one-man rule built on fear, intimidation and incentives based on loyalty. This was a Government that had created the current situation by its actions and methods. The United States had a very similar picture of the events in Libya as described in the report. There was no ambiguity in the report’s conclusions that the most troubling human rights violations and crimes had been committed primarily by the Gaddafi Government through the different military, paramilitary, security and popular forces employed in pursuit of a systematic and widespread policy of repression against opponents. The United States welcomed the recommendations of the Commission and called on both parties to take immediate action in response. It shared the Commission’s concerns about continuing violations and the need for further investigations and supported an extension of the Commission’s mandate.
JUAN JOSE GOMEZ CAMACHO (Mexico) said that Mexico condemned the serious human rights violations in Libya, particularly the violations of the right to life which had worsened in the last few months. Mexico rejected the Libyan Government’s violations of international humanitarian law and the indiscriminate attacks against the civilian population. Mexico noted that, according to the report, war crimes and crimes against humanity may have been committed in Libya, leaving the international community with no other option but to act with resolve. The urgent and credible investigations to which the report further pointed were vital to avoid that such actions recurring in the future and Mexico was therefore in favour of extending the mandate of the Commission. Mexico called on the Libyan Government to protect human rights and fully comply with relevant United Nations resolutions.
BENTE ANGELL-HANSEN (Norway) said that the Special Session of the Human Rights Council on Libya had shown a remarkable unity in the face of gross and systematic human rights violations. The Council had taken a timely decision on the formation of an International Commission of Inquiry and then on recommending the suspension of Libya from the Human Rights Council. Norway took note of the Commission’s findings concerning indiscriminate attacks against civilians by Government forces and the failure to take precautionary steps to protect civilians. The report addressed a series of issues that gave cause for great concern, including the excessive use of force against demonstrators, arbitrary detentions, enforced disappearances, torture and other forms of cruel and inhumane treatment. Especially worrying were accounts of sexual violence against women and the effect of the conflict on children. Such acts were intolerable. Unlawful acts of violence must not go unpunished and those responsible must be held accountable. Norway welcomed the steps taken by the International Criminal Court. Norway urged all parties to respect international law, in particular international humanitarian law. A Government that attacked its own people lost its legitimacy and must go. Gaddafi must not be part of the political solution in a future Libya. The first step now must be to call on all parties in Libya to agree on a ceasefire and start negotiations on the transition to a new, democratic and sustainable system of government. The broad international agreement over the situation in Libya needed to continue and it was now necessary for the regional actors to play an active part in the continued political process. Norway supported the establishment of the Libya Contact Group to coordinate international efforts and assist the Secretary-General’ Special Representative to Libya.
MARIA NAZARETH FARANI AZEVEDO (Brazil) said that in a little time the Commission of Inquiry had gathered valuable facts from the ground and added that the report gave a clear picture of the violations committed in Libya and the possible steps forward. The report gave evidence of the serious violations of international humanitarian law committed by both parties to the conflict. Brazil agreed that more time was needed to conduct the investigations into alleged violations of international law and international humanitarian law and hoped that the renewal of the mandate of the Commission of Inquiry would allow for the necessary time to conduct proper assessment. Brazil called on both parties to cease acts of violence and to allow for the ceasefire. The protection of civilians in armed conflict was one of the crucial challenges of our days and Brazil questioned the use of force to protect civilians without the appropriate political process to accompany it. All those involved in this armed conflict had an obligation to respect the rights of civilians and refugees. Brazil reiterated its solidarity with the Libyan people in their search for a political solution and future.
AGUSTIN SANTOS MARAVER (Spain) expressed the hope that the parties to the conflict could stop the violence and engage in negotiations. Spain condemned the violation of human rights in Libya which had occurred as part of a systematic and widespread campaign against the peaceful protesters. Spain shared the Commission’s recommendation that criminal violations should be investigated and punished. It further noted that the function must be carried out by the International Criminal Court with regard to resolution 1970 and 1973. Spain was concerned over the fate of all civilians that had suffered violations of their rights in the conflict. Spain reaffirmed its support for journalists without whom the international community would not know what was happening. Spain stressed that the way in which the interactive dialogue had been held was inappropriate for a country that was divided in two and had divided authorities. It further stressed that in such a situation there should be a pragmatic approach that would make it possible for both sides to express themselves. Spain further noted that it would like to recognize the National Transitional Council as the legitimate representative of the people of Libya.
LAURA MIRACHIAN (Italy) said that Italy was deeply concerned about dramatic events taking place in Libya and condemned the acts of murder and sexual abuse as part of systemic and widespread attacks against civilians, humanitarian personnel, hospitals and mosques. Italy further noted that because of the Libyan Government’s behavior it had lost its legitimacy with regard to its people. Italy expected all those responsible for crimes against humanity to be held accountable. It supported the commencement of a process before the International Criminal Court as per the resolutions of the UN Security Council resolutions 1970 and 1973 and for the Court to issue arrest warrants. Italy recognized the National Transitional Council as the legitimate and democratic representative of the people of Libya. Italy reaffirmed its commitment to providing help to all refugees including providing facilities at Lampedusa, which it noted was operating around the clock on Italian territory.
GERMAN MUNDARAIN HERNANDEZ (Venezuela) said that Venezuela was not indifferent to those dying in Libya’s armed conflict and expressed its deep regret at the death toll which painfully affected Libyan women and children. Venezuela was convinced that the only way out was a political dialogue and not humanitarian bombings by the NATO which, in disguise of helping the people, were destroying the country with impunity. The report was a faithful confirmation of a saying according to which the first thing to die in a war was the truth; the report lacked a minimum of balance and objectivity. In addition, it omitted the grave violations committed by the North Atlantic Treaty Organization NATO which, given their magnitude and results, could be seen as war crimes. NATO, in its effort to kill Muammar Gaddafi, had gone past the resolution of the United Nations Security Council and brought death to civilians whom could not have been confused with soldiers.
OGUZ DEMIRALP (Turkey) said that the Commission’s conclusions as contained in its report were alarming. Turkey’s policy towards Libya had been based on a principled stance: a protraction of the conflict should be avoided. Turkey had developed a roadmap which notably foresaw the formation of secure humanitarian zones which provided unimpeded humanitarian aid flows and the launch of a democratic process of inclusive change. Turkey, for its part, maintained and intensified efforts to deliver humanitarian aid to Libyans and had established an effective air bridge. It had notably transferred the components of a field hospital and had donated these to the Libyan Red Cross. Turkey supported the draft resolution on the human rights situation in Libya tabled today and commended Jordan for lending its voice to the National Transitional Council of Libya, the legitimate voice of the Libyan people.
OMAR HILALE (Morocco) said that despite the very brief period of time spent on the ground, the work of the Commission of Inquiry was extremely valuable to understand the truth, identify those responsible and to ensure the protection of human rights of the Libyan people. The mission remained unfinished given the serious situation on the ground. Morocco believed that the extension of the mandate of the Commission of Inquiry was imperative. Morocco welcomed the attention the Commission had paid to the humanitarian aspects of the situation and said that the report had indicated a worsening humanitarian crisis with thousands of people dead and displaced. The situation was worrying for the North African migrants as well. The resolutions by the United Nations Security Council would be hard to implement given the ongoing human rights violations on the ground. From the very beginning of this crisis, Morocco had adopted a strictly humanitarian approach to it and had been active in the search for a solution. Morocco had provided several planeloads of goods to meet the needs of those fleeing the crises. The report by the Commission of Inquiry dispersed any doubt that the recommendations needed to be implemented.
REMIGIUSZ A. HENCZEL (Poland) said Poland commended the Commission of Inquiry for the comprehensive approach it had taken in examining the situation in Libya. The Commission had taken into account human rights violations committed against various types of international law and had gathered information by contacting authorities, civil society and individuals. Poland was appalled at the scale of human rights violations that had been committed by the Gaddafi regime which consisted of gross breaches of various human rights treaties to which Libya was a party. Even more shocking violations had occurred since February, including the excessive use of force towards peaceful demonstrators, arbitrary detentions, preventing access to medical care and others. Poland fully shared the Commission’s conclusions that the crimes committed by the Gaddafi regime fell within the meaning of crimes against humanity and war crimes. Given the seriousness of the situation on the ground and the grave and systematic human rights violations committed in Libya, Poland fully endorsed the opinion of the Commission on the necessity of the prolongation of its mandate.
MARIA MOLLER (Denmark) said Denmark found the statement made by the Gaddafi regime unacceptable. Denmark welcomed the statement of the National Transitional Council. It also called on the Gaddafi regime to ensure that information was provided to the international community and to families and all other persons who had disappeared persons. In order to move forward those responsible must be held to account. The Commission had been able to accomplish its mandate in a very short and difficult period. Denmark stressed that further investigations must take place with regard to the violations of international human rights and international humanitarian law. It also said that the international community and the Human Rights Council must remain engaged in Libya until significant progress was made in implementing the recommendations of the Commission.
ALISON LECLAIRE CHRISTIE (Canada) welcomed the report of the Commission. Canada registered its support for the statement of the National Transitional Council. Crimes against humanity and war crimes had been committed by the Government of Libya. The international community must show continued resolve to ensure accountability and the protection of civilians in Libya. Canada noted that Misrata and cities of the Western Nafusa Mountain region had endured tremendous suffering, as had civilians in Tripoli, where a pattern of enforced disappearances had been established. It remained concerned about the displacement of Libyan civilians and migrants towards Egypt. Canada noted that the level of indiscriminate attacks that had been leveled at the population since February was deplorable. It remained concerned that the Libyan Government used sexual violence against the population and called for the investigation of these allegations. Canada continued to support the mandate of the Commission and the implementation of UN Security Council resolutions 1970 and 1973 until the situation could be brought under control.
KONRAD SCHARINGER (Germany) said that Germany called on the Gaddafi Government to immediately end the use of violence, to free all political prisoners and to end the blockade of the media. The Gaddafi Government had the responsibility to protect the rights to life, liberty and security of its citizens. Germany commended the Council members for the resolute action taken when unanimously approving the mandate for the Commission of Inquiry, which gave proof of the Council’s ability to act according to its mandate. Germany was also confident that the investigations of the International Criminal Court would send a clear signal to the Gaddafi regime that the international community would not allow impunity. To ensure that crimes committed would not stay unanswered it was essential that the Commission could conclude its work, and Germany therefore called on the Council to support a resolution extending the duration of the Commission.
OSAMU SAKASHITA (Japan) said it was vital that the civilian population be protected against violence and that the conflict be brought to an end as soon as possible. When an end to the conflict was achieved, Japan would contribute to the reconstruction of Libya. Given the dire humanitarian situation, Japan would also continue to provide humanitarian assistance. Japan noted with particular concern the finding of the Commission that numerous acts committed by Muammar Gaddafi’s regime amounted to war crimes, and it would welcome receiving more information on this matter. It was highly important that the Commission continue its mandate. The results would serve as an important basis for post-conflict recovery and restoring a peaceful relation between Libya and the international community.
CHEIKH AHMED OULD ZAHAF (Mauritania) congratulated all members of the Commission of Inquiry and particularly its Chairman, who had led the Commission in difficult circumstances, for their work. There was no possible reason for using war force against peaceful demonstrators. Since the Special Session held by the Council, violations of international human rights and humanitarian law had occurred on a grave scale. The Gaddafi regime was responsible for these violations. Gaddafi was no longer the legitimate ruler of Libya. Mauritania called on all UN members and members of the Human Rights Council to allow the people of Libya to decide on their future themselves and to extend full support for the Libyan people to set up their own political institutions.
MICHEAL TIERNEY (Ireland) welcomed the report of the Commission of Inquiry and commended the Commission on the extensive work it had undertaken. The large number of violations outlined in the report required further investigation. This, combined with the Commission’s current inability to visit cities where the conflict was still ongoing, underlined the clear need for an extension of the mandate of the Commission of Inquiry. Ireland was gravely concerned about the deteriorating human rights situation in Libya and the Commission’s findings that war crimes and crimes against humanity had been committed by Gaddafi’s security forces. There appeared to be compelling evidence that the Gaddafi regime did not distinguish between civilians and combatants. Ireland deplored the denial by the Gaddafi regime of human rights violations and its refusal to accept the Commission’s recommendations. Ireland condemned the concerted effort of the Gaddafi regime to stifle coverage of demonstrations and subsequent conflict. Ireland noted the Commission’s view that violations committed by the opposition forces were not part of widespread or systematic attacks against a civilian population. Ireland would be interested to hear from the Commission about post-conflict justice mechanisms.
DANTE MARTINELLI (Switzerland) said Switzerland was greatly concerned by numerous violations committed over the past several months that had been mentioned in the report. Switzerland strongly condemned all violations of international law and the attacks on civilians. In the immediate future, Switzerland called for the respect for international law and international humanitarian law and the respect for the right to life. Rapid and unimpeded delivery of humanitarian aid must be ensured. Switzerland was concerned by reports of use of child soldiers and was in favour of more extensive inquiries related to the use of mercenaries and private security companies. The international community must closely follow the situation in Libya and ensure that perpetrators of violations were prosecuted. The referral of the United Nations Security Council of the situation in Libya to the International Criminal Court was an important step. Switzerland hoped that the mandate of the Commission of Inquiry would be extended so that it could conclude its investigation on the violations of international law and international humanitarian law.
SITI HAJJAR ADNIN (Malaysia) said Malaysia noted that since the escalation into armed conflict, the human rights and humanitarian situation in Libya had continued to deteriorate. The involvement of forces of the North Atlantic Treaty Organization NATO added another dimension of complexity to the already complicated situation. Since the eruption of large scale violence, civilians, including foreign nationals and particularly migrant workers, had been disproportionately affected and Malaysia added its voice to the voice of others who had called upon all parties to the conflict to exercise maximum restraint and ensure protection of civilians. Malaysia supported proposals for the establishment of humanitarian corridors and for the provision of access to humanitarian aid workers in the country. In view of the increased complexity of the situation on the ground, Malaysia was of the view that accountability for human rights violations by all parties to the conflict must remain a priority for the Council. Allegations of indiscriminate, excessive and disproportionate use of force by NATO, including on civilians and civilian structures, merited equal attention.
FRANCOIS ROUX (Belgium) expressed concern over the worsening situation in Libya. Belgium was convinced that the Human Rights Council must react whenever serious human rights violations occurred and in this vein it noted that it was the first country to ask for action on Libya. As long as there continued to be reports of violations such as enforced disappearances, rape and violations of international human rights law and international humanitarian law, the Commission needed to continue the mandate. The principle of accountability required that all violations of human rights and international humanitarian law be investigated. Belgium noted that persons who had committed such acts needed to be held to account. It called on the international community to take measures to guarantee humanitarian access and to guarantee the security of foreigners in Libya. In relation to Libya’s suspension from the Council, Belgium stressed that being a member of the Human Rights Council required the strictest respect for human rights.
ANNA UGGLA (Sweden) said Sweden had repeatedly stressed the importance of establishing accountability for human rights violations. Ensuring respect for human rights prevented conflict, and accountability for human rights violations was necessary in order to end impunity and make peace sustainable. Addressing violations of international humanitarian law or human rights law was not a matter of choice or policy; it was a duty under domestic and international law. Sweden remained concerned about gross violations of human rights and humanitarian law in Libya, such as direct targeting and killings of civilians, use of summary executions and enforced disappearances, arbitrary arrests and reports of sexual violence against women and children. Sweden supported the extension of the mandate of the Commission and looked forward to continued discussions.
PEDRO RODRIGUES DA SILVA (Portugal) said Portugal carefully read the report of the Commission of Inquiry. Portugal noted that the Commission considered that the popular movement in Libya in early 2011 was a response to a background of generalised repression of rights. Portugal noted that the Commission found that peaceful demonstrations aimed at achieving reforms in governance and a transition toward a democratic regime were met with excessive force and repression by the Government and this situation led to a conflict. The report underscored the existence of widespread and systematic attacks against the civilian population, qualified these attacks as crimes against humanity and war crimes and considered that these actions represented a coherent pattern. Portugal noted that the Commission had not had enough time to pursue more complete investigations. Portugal considered that the perpetrators of serious violations should be brought to justice and thus supported that the Commission’s mandate be extended.
SALLY DAWKINS (Australia) thanked the Commission for its field work and its report. Since this report had been issued, further incidences of horrifying human rights abuses had come to light. Australia had supported the establishment of the Commission and the associated human rights fact-finding mission. Australia was pleased to learn that the parties concerned cooperated with the Commission. Australia was concerned that Libyan forces were targeting humanitarian supplies. The Australian Government was following closely the human rights situation in Libya as it continued to be gripped by violence. Australia strongly supported the Commission’s call on the Gaddafi regime to immediately cease acts of violence against civilians in violation of applicable international humanitarian law and international human rights law. Australia strongly supported the Commission’s recommendation that the Human Rights Council extended the mandate of the Commission or established a mechanism to continue investigations into the human rights situation in Libya for at least one year.
ROSSETTE NYIRINKINDI KATUNGYE (Uganda) said Uganda expressed condolences to those who had lost loved ones in the Libyan crisis and condemned the destruction of life and property. Uganda was concerned about the basis upon which the Human Rights Council could deliberate on allegations, since the Office of the High Commissioner for Human Rights had been unable to verify and assess for credibility of the totality of allegations received. All perpetrators of crimes and gross human rights violations must be held accountable and the call for fighting impunity must be unequivocal and that was why Uganda endorsed paragraph 20 of the report which restated that international law equated the responsibilities of non-state actors when they sought to exercise government-like actions and control over a given territory. Uganda called on the Commission of Inquiry to further investigate the allegations of arbitrary arrests and summary executions of Sub-Saharan Africa immigrants accused of serving as mercenaries. Uganda was concerned about how some aspects of the relevant United Nations Security Council resolutions had been implemented and called to all the parties to respect the African Union’s appeal to accept an immediate ceasefire.
KWON HAERYONG (Republic of Korea) said that the Republic of Korea had been closely following the situation in Libya since February and shared the concern of the international community on the worsening humanitarian and human rights situation in that country. The Republic of Korea took note of the findings of the Commission of Inquiry of a number of serious violations of international human rights law and international humanitarian law and urged the Libyan Government to take seriously its obligations under international law and to conduct exhaustive investigations into all alleged violations. Another concern was the increase in the number of civilian casualties and all parties must protect civilians, including protecting women and children. The Republic of Korea noted with concern that the number of internally displaced persons was steadily rising and hoped that international efforts would soon be strengthened to improve the dire humanitarian situation.
FEDOR ROSOCHA (Slovakia) said Slovakia fully subscribed to the Commission’s recommendations and considered it indispensable, given the gravity and complexity of the situation in Libya, that the Human Rights Council remained seized of the matter and that there should be a further extension of the mandate of the Commission to investigate the situation in Libya. Slovakia called on Libya to cease immediately any acts of violence against civilians in compliance with the country’s international humanitarian law and international human rights law obligations. It noted that since February the conflict in Libya had dramatically impacted the population. This had turned into a full fledged civil war that had led to the death of thousands. Slovakia emphasized the urgency for proper accountability of those responsible in accordance with international standards. It also noted with grave concern the practice of the recruitment of child soldiers.
HAMZA OMER HASSAN AHMED (Sudan) said Sudan highly appreciated the endeavours of the Commission of Inquiry in terms of the situation in Libya. Sudan aligned itself to the statement of the Arab Group, the African Group, and the statement of the National Transitional Council. It also expressed concern regarding the deteriorating human situation and constant violations of international humanitarian law, particularly the blocking of the arrival of food and medical aid. Sudan supported the findings of the report and recommended the extension of the mandate of the Commission to further investigate all violations of international humanitarian law.
NAJLA RIACHI ASSAKER (Lebanon) thanked the Commission for its report and its provision of objective and well-documented evidence of violations of human rights and humanitarian law in Libya. After having reviewing the report, Lebanon could only regret the growing number of human rights violations committed by the Libyan forces. Excessive use of force, use of mercenaries, children soldiers, deprivation of medical care, and other violations of human rights had been committed by the Libyan forces. Arbitrary detention and forced disappearances seemed to be the policy of the Government of Muammar Gaddafi. Lebanon supported the extension of the mandate of the Commission and requested the Commission to investigate all forced disappearances, including those prior to these events and those concerning missing spiritual leaders who were important for Lebanon. Lebanon would like to convey its greetings to the Libyan people and hoped that they would reach a political situation without further violence and establish a democratic State based on human rights and the rule of law.
PEDRO OYARCE (Chile) thanked the members of the Commission for their well-documented and objective report completed in a very difficult situation. The conclusions attested to the grave violations of human rights and humanitarian law, including crimes against humanity. This required the attention of human rights bodies and the larger international community. Chile appealed to the Libyan Government to stop all violations. There should be effective accountability for these actions and those responsible should be punished. The efforts of the Special Envoy of the Secretary-General and the African Union were recognized. The Libyan themselves should be able to exercise the right to self determination. Chile supported the extension of the mandate of the Commission in order to uphold human rights. In respect to protecting the civilian population, this was not a political topic, but a question of ethical responsibility.
LAILA MATAR, of Cairo Institute for Human Rights Studies, called for the creation of a country mandate on Libya to monitor implementation of recommendations and define the needs for technical assistance and capacity building. The findings and recommendations of the Commission of Inquiry were the crucial first steps, but the deteriorating situation on the ground remained of a grave concern. The Cairo Institute for Human Rights Studies called on all parties concerned to provide access to the Commission of Inquiry during their investigations and to adhere to provisions of international humanitarian law and international human rights law as applicable in situations of armed conflict.
HELENE SACKSTEIN, of Reporters Without Borders International, said that Reporters Without Borders International visited Benghazi and that the report of that visit would soon be online. A whole media revolution had taken place in Benghazi led by new media and this newly found freedom of expression needed to be consolidated in order to inform the Libyan population without restrictions.
PHILIPPE DAM, of Human Rights Watch, noted that the violations of the laws of war by the Government of Libya had been extensive. This included indiscriminate attacks in Misrata and towns of the Nafusa mountains, including the firing of rockets into residential neighborhoods; placing of five different types of land mines in six locations; and the use of mortar fired cluster munitions in Misrata. With regard to those detained during protests, it was noted that the Government had provided no information about the number of people it had arrested, where they were being held, or the charges that they faced, leading to concerns that they had been disappeared. The North Atlantic Treaty Organization NATO forces had so far taken care to avoid civilian casualties but NATO should do more to protect civilians fleeing the conflict. Human Rights Watch urged European Union members to increase quotas for refugee resettlement.
KHALED SAID, of Amman Centre for Human Rights Studies, said that the decision taken by the international community for the first part of the demonstrations and the suspension of the membership of Libya showed that what had happened deserved such as level of attention. The Centre noted that the report spoke of comparison between two forces, the revolutionaries and the Government. It stressed that these were two parties which were unequal in resources and responsibilities. It noted further that because civil society did not exist because of the regime, the Libyan Government was responsible for all human rights violations committed on both sides. The Libyan regime had acted in a way that amounted to perpetrating crimes against humanity.
CURTIS DOEBBLER, of North-South XXI, welcomed the follow-up to the Special Session and the report of the Commission of Inquiry. North-South XXI recognized the right of all people to actively and in an informed manner participate in their own government. Nevertheless, North-South XXI regretted any suggestion that this could be done through the use of violence supported by foreign powers. An interpretation of this Council’s mandate that allowed for any party to use excessive force against the people of Libya ran contrary to international human rights law. It was also contrary to the most fundamental principles of the Charter of the United Nations. North-South XXI also noted that before the North Atlantic Treaty Organization NATO bombardment of Libya began, casualties in the then month-long civil war were estimated to be in the hundreds. Once it began, an estimated 30,000 Libyans had been killed. This was the most serious violation of human rights in Libya. North-South XXI asked the Council to condemn the ongoing bombardment by NATO and asked the Commission to assess this use of force.
Concluding Remarks
CHERIF BASSIOUNI, Chairperson of the Commission of Inquiry, in his concluding remarks, said, on the broader international context, that he had recently concluded a study which showed that world conflicts since the end of the World War Two had caused the deaths of 92 million people. As researchers looked into what had happened after those conflicts, it was understood that the majority of those countries in question gave full impunity to perpetrators of crimes committed during the conflicts in the name of national reconciliation. The number of people prosecuted had been minimal. Turning to the situation in the context of Libya, the regime had been violating rights and disregarding international law for decades and the response of the international community had been to bestow respectability on the regime. Should the world then be surprised to see the violations committed in Libya since February this year? Violations of human rights had been taking place in Libya for over four decades and what was going on now was just an extension of the usual behaviour when the regime felt threatened. There was no normalcy in Libya and logic was defied. The regime did not have confidence in the army and therefore paramilitary forces, or quatiba, had the role in perpetrations. The identification of those quatiba was whimsical; their personnel, supplies and military equipment depended on how close they were to the leader; they did not wear insignia or uniforms; they appeared and disappeared. As a result, the situation required not only an occasional investigation but a permanent effort in order to monitor what was going on and to keep the flow of information. Most of the violations had occurred in the geographic area in which about two million people lived; it was estimated that within three months about 15,000 were killed. Libya was a tribal society, meaning that if someone was killed or injured that person would have a number of relatives all of which would feel the consequences and there was in fact a traumatised society that would have adverse impacts for a long time. Children in Libya responded in post-traumatic stress response when hearing loud noises for example. The harm on society as a whole could not be measured in figures only.
The idea that the North Atlantic Treaty Organisation NATO bombing had killed 30,000 people was, in the opinion of Mr. Bassiouni, ridiculous. Upon arrival to the country, the Commission of Inquiry asked to be taken to sites of NATO attacks, but they could not see evidence of destruction or people killed. One had to be very careful of inflating of numbers and the propaganda use of numbers by one party against other. What needed to be done now was to complete the investigation and in a consistent basis. It could not be done the way the Commission of Inquiry had done it in the period of over two weeks. This must be a continued effort with permanent presence in Libya of staffers who would follow and collect the information, develop databases which could then be used by justice systems, truth and reconciliation commissions and others. The future course of action was subject on resources available and if those were not put at disposal what other mechanisms could be used. There was a need to start thinking comprehensively and developing a comprehensive and coordinated approach so that work was not duplicated. In addition to having permanent observers in Libya, there was the need to assist the National Transitional Council in rebuilding the rule of law right now. If this could be done, then that would pave the way to the future and the future lay in reduction of harm and establishing bridges between the sides. All this could only be done if necessary resources were put at their disposal.
For use of the information media; not an official record
HRC11/081E