A/HRC/17/44 240. In relation to the use of weaponry, the Commission is concerned that the Libyan authorities have not been undertaking appropriate and precautionary assessments which would, in the Commission‟s view, militate against the use of weapons such as mortars in densely populated areas. The use of munitions that are either unlawful or are being employed in an unlawful method, such as expanding bullets, phosphorus shells and cluster munitions, needs to be confirmed, together with information as to whether any use was ascertained as either being part of a governmental policy or the result of individual combatants or commanders‟ decision-making. 241. While it is clear that foreign nationals have participated in the conflict in Libya, more investigation is required to determine whether these persons qualify as “mercenaries” within the meaning of the relevant international conventions. Considerable mistreatment of migrant workers has occurred. Those coming from sub-Saharan countries have been particularly targeted, due to a perception that they were “mercenaries” because of the colour of their skin and/or nationality. These attacks were most often attributed to members of opposition forces. 242. Sexual violence is an area which requires further investigation to ascertain the extent of these violations, including whether cases involved incitement by the command of either side. It is evident that reports of rape have had a major psychological and social impact, spreading fears amongst the population. Given the sensitive nature of the subject, the Commission considers it important that further investigation employ specifically tailored methodologies that take into account the stigmatization of sexual violence. 243. The Commission is concerned with respect to reports of ongoing violations – not only in relation to new instances of violations, but also the continuing effect of past violations, in particular regarding victims who have been disappeared and whose fate remains unknown. 244. The Commission is also concerned by a lack of apparent action to address the violations which have been the subject of considerable attention to date. Although some progress has been made in relation to the release of some persons from detention, including journalists and other media professionals, it has not received information about the many persons unaccounted for, nor did it receive information indicating that credible investigations are being instituted into violations which have occurred. 245. The Security Council in its resolution 1970 (2011) referred the situation in Libya to the Prosecutor of the International Criminal Court pursuant to the Rome Statute. It has therefore vested primary jurisdiction with respect to the determination of criminal responsibility with the Court. It is in that light that the Commission has consulted the Court (see paragraph 18 of this report), but has not to date shared information about its findings. At this point, however, the Commission feels that it is not in a position of identifying individual criminal responsibility or command responsibility for international humanitarian law violations or other potential violations of international criminal law. This is due essentially to the need to complete and confirm the information and data that it has received from various sources. 246. Nonetheless, the Commission has identified a number of violations which have led to its reaching the conclusion that international crimes, specifically crimes against humanity and war crimes, have been committed in Libya. 247. Government forces: In relation to crimes against humanity, the Commission has found that there have been acts of murder, imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law, torture, persecution, enforced disappearance committed by Government forces within the context of a widespread or systematic attack against a civilian population, with knowledge of the attack. 67