A/HRC/17/44 (preambular para. 3).46 While the Commission lacks full information concerning several aspects of the opposition forces‟ organization, it has reached the preliminary view that by or around 24 February, a sufficient non-international armed conflict had developed to trigger the application of Protocol II and common article 3 of the Geneva conventions. 56. Coexisting international armed conflict: The airstrikes to enforce the no-fly zone imposed by the Security Council through resolution 1973 (2011), which began on 19 March, brought into being an international armed conflict between the States participating in this military action and the State of the Libyan Arab Jamahiriya. The Commission has noted that the objective of this international military action is to enforce Security Council resolution 1973 (2011). It is also satisfied that the actions of NATO and other foreign States involved are not exercising control over the military actions of either of the parties to the non-international armed conflict. As such, it concludes that the international armed conflict is legally separate to the continuing non-international armed conflict, and is thus a coexisting international armed conflict. 2. Bodies of applicable law 57. There are three major bodies of international law most relevant to the situation in Libya from February to the present: international human rights law, international humanitarian law and international criminal law. (a) International human rights law 58. International human rights law continued to apply throughout the period being examined by the Commission, albeit with potential variation during the period of armed conflict. 59. The Libyan Arab Jamahiriya is a party to major United Nations human rights treaties: the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the Rights of Child, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Convention on the Prevention and Punishment of the Crime of Genocide. It has also a ratified a number of related Optional Protocols, including most relevantly for the current context, the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. The Libyan Arab Jamahiriya is also a party to the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity. At a regional level, the Libyan Arab Jamahiriya is a party to the African Charter on Human and Peoples‟ Rights and the Protocol on the Rights of Women in Africa. As a State party to these treaties, the Libyan Arab Jamahiriya is bound to respect, protect, promote and fulfil the human rights of all persons within its jurisdiction. This includes the right to afford an effective remedy to those whose rights have been violated (including the provision of reparations) as well as the responsibility of the State to investigate and bring to justice perpetrators of particular violations.47 The Libyan Arab Jamahiriya is also bound by relevant rules of international human rights law which form a part of customary international law. 46 47 Note also Security Council press statement on Libya (SC/10180 AFR/2120), 22 February 2011, which also speaks of international humanitarian law. See Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal obligation imposed on State Parties to the Covenant, paras. 15–19. In this general comment, the 19

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