A/HRC/17/44 III. Violations 71. The Commission has received information concerning a wide range of violations of international human rights and international humanitarian law and crimes under international criminal law. In this section, the Commission evaluates a number of the key violations, beginning with violations alleged during the demonstration period, before moving to ones specific to an armed conflict. Several categories of violations took place in both periods and so have been integrated into more than one section. In relation to the armed conflict period, the vast majority of information received has been related to the noninternational armed conflict, so that chapter III, sections A–K, focus on this aspect, with violations alleged in the course of the international armed conflict addressed in chapter III, section L. Conclusions in this section are limited to referring to violations of international human rights and international humanitarian law. Discussion of the commission of international crimes is dealt with in the assessment section. A. Excessive use of force against demonstrators 1. Introduction 72. The catalyst for establishment of this Commission of Inquiry was concern over the use of force against demonstrators in mid–late February. The Human Rights Council in resolution S-15/1 expressed “deep concern at the deaths of hundreds of civilians”, referring also to “indiscriminate armed attacks against civilians” and “extrajudicial killings”. The particular circumstances, leading up to the use of force by security forces against demonstrators, have been contested by the demonstrators and the Government. The Government has stated that its security forces refrained from using live ammunition and instead used instead tear gas on 15 February. The Government has further stated that demonstrators‟ violent actions, in attacking police stations, necessitated the use of force by authorities. Protestors have reiterated the peaceful nature of their demonstrations. Estimates of those killed and injured also vary. On 20 February, human rights groups estimated that approximately 233 persons had been killed.59 Saif al-Islam Qadhafi made reference to 98 persons having been killed during an interview on the same day. 60 The Office of the Prosecutor of the International Criminal Court has estimated that 500–700 persons had been killed in February (though this estimate would take into account some of the armed conflict period).61 It is accepted by both the Government and the demonstrators that Government forces used significant force, including the use of firearms and other weaponry against persons participating in demonstrations in various locations within Libya during the period studied by the Commission. 73. In examining the response to the demonstrations, in particular claims of excessive use of force, the Commission met with a variety of Government and NTC officials and spoke with over 80 persons regarding the incidents during the demonstrations, particularly 59 60 61 Human Rights Watch, “Libya: Government Should Demand End to Unlawful Killings; Death Toll Up to at Least 233 Over Four Days”, 20 February 2011. Available from http://www.hrw.org/en/news/2011/02/20/libya-governments-should-demand-end-unlawful-killings. See Saif al-Islam speech on Libyan State Television, where he said that “the number of deaths reached 14 in Bayda and 84 in Benghazi, in total … some mass media were exaggerating … personally I heard the day before yesterday that more than 250 people were killed and more than 180 injured. This was an unimaginable exaggeration”. Speech translated by Commissions‟ staff. Speech record available from www.youtube.com/watch?v=Pp6DFM9_NuU&feature=related (minute 6:09). International Criminal Court, “First Report of the Prosecutor of the International Criminal Court to the UN Security Council Pursuant to UNSCR 1970 (2011)”, p. 4. 23