A/HRC/17/44 humanitarian law. The base principles of needing to distinguish between civilian and military persons and objects, not directing attacks against civilians and civilian objectives, taking precautions related to ensuring appropriate targeting and not engaging in attacks which involve loss of civilian life disproportionate to the concrete military objective apply both in international and non-international conflicts and have been outlined in chapter III, section F.189 The Rome Statute includes a detailed listing of war crimes applicable in international armed conflict, including listed grave breaches of the Geneva Conventions and other serious violations of the laws and customs of war applicable in international armed conflict (art. 8, para. 2 (a) and (b)). 3. Factual findings 220. As of 30 March 2011, NATO has been in control of all military operations for Libya, that is, for the three components of: an arms embargo, a no-fly-zone and actions to protect civilians from attack or the threat of attack. Accordingly and on a daily basis, NATO conducts reconnaissance, surveillance and information-gathering operations to identify those forces which present a threat to civilians and civilian-populated areas. Acting on this information, NATO air and maritime assets engage targets on the ground or in the air. 221. Based on figures shown on NATO website, since the beginning of its operations up to 28 May 2011, a total of 8,729 sorties, including 3,327 strike sorties have been conducted. Targets struck to date have included command and control bunkers, tanks, armoured personnel carriers, air-defence systems and artillery around and approaching key civilian areas such as Misrata and Al-Brega. With respect to arms embargo activities, a total of 20 ships under NATO command are actively patrolling the central Mediterranean. Since the beginning of the arms embargo operations, a total of 954 vessels have been hailed, with 41 boardings and 5 diversions conducted. 222. While in Tripoli, the Commission met with a Government health official who stated that 64 civilians have been killed by NATO bombardments. The Commission also received written reports from the authorities stating that NATO launched about 3,000 airstrikes on several civilian and military targets in Libya. According to the same reports, these strikes resulted in the death of 500 civilians and 2,000 injured. The same reports stated that NATO had targeted schools, universities, mosques, and others civilian locations. According to the same sources, 56 schools and three universities were directly hit by these strikes. Furthermore, it is claimed that NATO airstrikes have resulted in the closure of 3,204 schools, leaving 437,787 students without access to education. 223. Despite the reports received, while in Tripoli, the authorities did not show to the Commission any evidence of civilian areas targeted by NATO forces. Libyan officials in charge of coordinating the visit explained that some of the NATO attacks occurred within the premises of the Bab al-Aziziyah compound, without providing the possibility to enter the compound. The Commission also notes that the Government of the Libyan Arab Jamahiriya did not provide the details of or show concrete evidence of alleged incidents, such as civilian objects which had been destroyed (e.g. schools). 224. Although statistics and information provided by NATO do not refer to air strikes resulting in the killings of civilians, numerous press articles and media reports have referred to specific incidents in which NATO air strikes resulted in the death of civilians. A NATO 189 See, in particular, articles 48, 51 and 52 of Protocol I. Article 57 of Protocol I obliges States to take precautions. 63

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