A/HRC/17/44
2011. One wounded member of the armed opposition force informed the Commission that a
number of children from the ages of 15 to 18 have been trained by rebel fighters in the
mountains.
(b)
Children as victims of armed conflict
215. The Commission received numerous accounts of children being killed and injured in
the ongoing fighting in Libya, particularly in the context of attacks committed by
Government forces. The situation for children, in the besieged Misrata, during the reporting
period has been particularly dire, with children featured amongst the civilian victims of
heavy shelling and bombardment, snipers and attacks on hospitals. As noted in chapter III,
section F, some injuries suffered appear to be consistent with Government forces
undertaking indiscriminate attacks. Witnesses reported that on 11 March near Al-Abrak
airport close to Tobruk, a girl under 10 years of age was killed while sleeping on the upper
bed of a double deck-bed while her little brother was asleep on the lower bunk. She had
been shot in the head by a single bullet, which may have been a stray round. On 4 May,
media reports stated that at least three members of a family, including two children, were
hit and killed by a missile while they waited for their evacuation from Misrata. 188
216. The Commission has also had concerns brought to its attention regarding the
practice of the Government to systematically use children to participate in the organized
pro-Government demonstrations in Tripoli through payments to the family. Given the
security situation in Tripoli, such a practice exposes children to additional risk within the
conflict.
4.
Conclusion
217. The Commission notes that the ongoing conflict is having a significant negative
impact on the rights of children. In relation to the use and recruitment of child soldiers, the
Commission considers that more investigation and research is required in close cooperation
with relevant United Nations agencies, notably UNICEF and the Office of the Special
Representative of the Secretary-General for Children and Armed Conflict, as well as other
NGOs.
L.
1.
NATO use of force
Introduction
218. The Commission received reports stating that NATO military action has involved
indiscriminate attacks on civilians. Media reports have also referred to a few instances
where NATO operations have resulted in the death of civilians. On 18 May 2011, the
Commission wrote to NATO Headquarters asking for specific information about its
operations in Libya. As the Commission is awaiting the response from NATO, this section
reflects information gathered from other sources.
2.
Applicable law
219. The international humanitarian law rules applicable in international armed conflict
govern international States‟ use of force in Libya. This comprises the four Geneva
Conventions, plus Protocol I thereto in addition to norms of customary international
188
62
Xan Rice, “Gaddafi targets relief ship as it evacuates Misrata wounded in Libya”, The Guardian, 4
May 2011. Available from www.guardian.co.uk/world/2011/may/04/gaddafi-targets-relief-shipmisrata-libya?INTCMP=SRCH.
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