A/HRC/17/44 3. Factual findings 174. Expanding bullets: Three doctors interviewed by the Commission in Benghazi and one in Al-Bayda gave accounts of wounds that they had treated, whose cause may be consistent with the use of “expanding” bullets. Doctors and victims have described small entry wounds and larger exit wounds, a circle of 7 or 10 cm in diameter in some cases.146 Doctors have also described small entry wounds with various internal organs shredded by the bullet. Further investigation, including military and forensic pathologist expertise is, however, required to confirm or deny the usage of expanding bullets. 175. Cluster munitions: The Commission is aware of reports of the use of cluster munitions by pro-Government forces in their attempt to regain control of the besieged city of Misrata. On 15 April 2011, Human Rights Watch reported that Government forces had fired cluster munitions in residential neighbourhoods of Misrata further specifying that the cluster munitions were the Spanish-produced MAT-120mm mortar projectile, which open in mid-air and release 21 submunitions over a wide area.147 Other independent sources including Amnesty International have confirmed the incident and stated that Spain sold such munitions to Libya in 2007. Further investigation, including military and forensic pathologist expertise is, however, required to confirm or deny the usage of cluster munitions. 176. Mines: The Commission notes the rule of customary international humanitarian law requiring that where landmines are used, particular care must be taken to minimize their indiscriminate effects.148 Information collected from various sources including Human Rights Watch indicates that anti-tank mines in Colonel Qadhafi‟s hands are made mostly out of hard-to-detect plastic and can be armed with an anti-lifting device that causes the mine to explode when attempts are made to remove it from the ground, making them particularly dangerous. On 24 March, Human Rights Watch confirmed the discovery of this type of anti-vehicle mines in the area around Ghar Yunis University in Benghazi. A United Nations demining expert located 12 warehouses filled with tens of thousands of anti-vehicle mines.149 Though landmines in border areas are a legacy of the past 150 it has also been reported that anti-personnel and anti-vehicle landmines have been newly laid by Government forces, particularly in the outskirts of Ajdabiya151 and in Benghazi.152 Human Rights Watch reported that 24 anti-vehicle mines and roughly three dozen anti-personnel 146 147 148 149 150 151 152 50 after ratifying the amendment. There remains some debate as to whether customary international law includes a blanket prohibition on the use of expanding bullets in non-international armed conflict. The accounts of at least five injured persons interviewed in Alexandria match the description of wounds that may have been caused by expanding bullets. Upon exploding on contact with an object, each submunition disintegrates into high-velocity fragments to attack people and releases a slug of molten metal to penetrate armoured vehicles. Human Rights Watch, “Libya: Cluster Munitions Target Misrata,” 15 April 2011. Available from www.hrw.org/en/news/2011/04/15/libya-cluster-munitions-strike-misrata. Rule 81, ICRC Study on Customary International Humanitarian Law. Human Rights Watch “Government Use of Landmines Confirmed”, 30 March 2011. Available from www.hrw.org/fr/news/2011/03/30/libya-government-use-landmines-confirmed. Dating back to the Second World War and to the conflicts with Egypt in 1977 and with Chad in 1980–1987. It was reported by Human Rights Watch and Amnesty International that on 28 March 2011 two antipersonnel mines detonated, 1 km from Ajdabiya town, when a truck of Eastern Libya Electricity Company was passing by. After the incident, a clearance operation was conducted by a civil defence team which reported having disarmed 24 anti-vehicles mines and more than 30 plastic anti-personnel mines. Human Rights Watch reported that during the retreat of Government forces on 19 March 2011 in Benghazi, anti-vehicle mines were left behind in the area around Ghar Yunis University.

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