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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