A/HRC/17/44 248. The Commission has found that there have been many serious violations of international humanitarian law by Government forces which amount to war crimes. Within the listing of war crimes applicable to non-international armed conflict in the Rome Statute, the Commission has identified in chapter III violations involving violence to life and person, outrages upon personal dignity in particular humiliating and degrading treatment and intentionally directing attacks against buildings, materials medical units and transport using the distinctive emblems of the Geneva Conventions. 249. It has also received a considerable quantity of information concerning possible indiscriminate attacks on civilians and civilian objects (including protected objects such as mosques, buildings of cultural significance and hospitals) and attacks on humanitarianrelated personnel and transports. Nevertheless, further investigation would be required to determine if these attacks on civilians and civilian objects amounted to “intentional targeting” within the meaning of the Rome Statute. Further investigation would also be required in relation to whether there has been conscription or enlistment of children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilities and in relation to the commission of rapes during the conflict. 250. The consistency of patterns of violations creates an inference that they were carried out as a result of policy decisions by Colonel Qadhafi and senior leadership. Further investigation is required in definitively establishing who is responsible for the crimes committed. The Commission has received some information concerning individual perpetrators of crimes, but more investigation is required on this topic. 251. Opposition armed forces: The Commission received fewer reports of facts which would amount to the commission of international crimes by forces connected with the opposition than connected to the Government forces. It has established that some acts of torture and cruel treatment and some outrages upon personal dignity in particular humiliating and degrading treatment have been committed by opposition armed forces, in particular against persons in detention and migrant workers. Those which occurred during the period of armed conflict constitute war crimes under the Rome Statute. 252. Further investigation would be required into acts of rape and whether there has been conscription or enlistment of children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilities. On the basis of the information currently before the Commission, it is not of the view that the violations committed by the opposition armed forces were part of any “widespread or systematic attack against” a civilian population such as to amount to crimes against humanity. 253. Notwithstanding the cautious approach taken by the Commission as reflected in this report, it should be clear that a significant number of international human rights law violations, war crimes and crimes against humanity have occurred, as described above. These violations and crimes have been committed in large part by the Government of the Libyan Arab Jamahiriya in accordance with the command and control system established by Colonel Qadhafi through the different military, paramilitary, security and popular forces that he has employed in the pursuit of a systematic and widespread policy of repression against opponents of his regime and his leadership. There have also been violations by the opponents of the regime, which are also described in the present report. The Commission has expressed its concerns to both sides, urging them to cease and desist from these practices and to ensure their respective conduct conforms to international law. 254. The Commission is aware of the challenges that lie ahead for Libya in responding to the violations that have occurred. It is as yet unknown when or how the conflict will come to an end. The prospective transition to democracy, introduction of the rule of law, equitable allocation of national resources, restoration of public safety, reconstruction of public administration, reinforcement of social cohesion across clans and provinces, 68

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