A/HRC/17/44 initial phase, which was subject to international human rights law, was transformed in the second phase, in which international humanitarian law applied alongside international human rights law. 235. The combination of the factors mentioned in the report has not only led to the impunity of those who committed violations of international law identified in the report but has also led them to feel emboldened in the continuation of their abuses against the civilian population. This, in turn, explains why during the two phases of this conflict, namely the phase of peaceful protests and demonstrations followed by the civil war phase, those on the Government side have committed many violations of international human rights and humanitarian law. 236. The estimated number of violations committed by Government forces is an indication of certain patterns of behaviour which can logically be inferred to be either the product of established policies or the product of a single person directing multiple paramilitary and security organizations and groups for the accomplishment of the results referred to above and identified throughout this report. The assumption that these patterns of violence would have continued had they not met with opposing force was realistic. Certainly the resulting consequences in terms of human harm would have been significantly higher than what is estimated at the present stage of the conflict. It is not certain what the cumulative number of persons killed or injured has been to date, with Government officials, NTC and NGOs providing estimates ranging from 10,000 to 15,000 persons killed. 237. In relation to the Government‟s response to the demonstrations beginning on 15 February 2011, the Commission has concluded that there is sufficient evidence to suggest that the Government forces used excessive use of force against demonstrators, at least in the early days of the protests, leading to significant deaths and injuries. Such actions represented a serious breach of a range of rights under international human rights law including the right to life, the right to security of person, freedom of assembly and freedom of expression. In relation to the latter days of protests as the situation escalated, more investigation would be required to assess the security forces‟ use of force, in particular more detail concerning actions taken by demonstrators to assess the response by Government authorities. 238. The Commission has also established that many persons were incarcerated by the Government without it being publicly known how many, for what reasons, where they were kept, in what conditions and how they were being treated. Numerous allegations have been made concerning disappearances by the Government were received by the Commission either directly or through NGOs. The precise number of such cases cannot currently be assessed. Access to medical treatment was impeded in the aftermath of the demonstrations and freedom of expression was significantly curtailed by the Qadhafi regime including through suppression of communication and attacks on journalists and other media professionals. Torture and inhuman and degrading treatment can be considered to have been committed on numerous occasions by both Government and opposition actors. 239. In relation to the conduct of hostilities, the Commission has noted violations of international humanitarian law including attacks on protected medical staff, transport and facilities, the misuse of the Red Cross/Red Crescent emblem, and a failure to take sufficient precautionary steps to minimize damage to civilians and civilian objects. Further investigation is required in determining if attacks on civilians (in general and in relation to specifically protected persons) and civilian objects (including mosques and humanitarianrelated objects) have been intentional or indiscriminate. The Commission did not receive any first-hand information concerning violations by the armed opposition force and is therefore not in a position to determine whether any relevant violations occurred. Other areas requiring further investigation include allegations concerning the use of child soldiers on both sides of the conflict. 66

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