A/HRC/17/44
took these visual documentary sources into account, their authenticity will need to be
ascertained once the sources, such as the details with respect to time and place, can be
obtained. In time and with resources, one could reconstitute a visual/photographic record of
certain events by establishing a database project linking the visual imagery with written
reports. Nevertheless, the large number of videos and pictures, as well as of similar pictures
obtained from different sources, tends to give credibility to the accuracy and genuine nature
of these images, which in many cases amount to clear indications of violations of
international human rights law, humanitarian law and criminal law.
230. The present situation has to be viewed contextually in light of the regime‟s 42 years.
The jamahiriya system of Government instituted by Qadhafi‟s regime is a very particular
one. By its very nature, it is not susceptible to systems of governance based on the rule of
law and whose aims include the protection of human rights. Such fundamental rights as the
right to freedom of association, the right to freedom of expression and association have
been criminalized and are subject to penalties, including the death penalty and life
imprisonment. The regime also prohibited private ownership and certain forms of retail
trade, banned a free press and, to all practical purposes, subverted the civil service, the
police, military and paramilitary organizations to the achievement of the regime‟s purposes.
In addition, the regime‟s record of disregard of international law and the human rights of
others in respect of its sponsorship and support of international terrorism and subversive
groups in different countries of the world over a prolonged period of time is indicative of
how the regime views both international law obligations and respect for human rights.
231. The historical background outlined in the report reveals a unique form of
government which is dominated by a rule by who has governed by fear, intimidation and
incentives based on loyalty. The repressive climate which has been established, coupled
with the ability of the ruler to provide strong economic incentives to those supporting him
and disincentives to those who do not, has also created opportunities for abuses of power
leading to international human rights law violations, which in turn have led to the protests
that escalated into the ongoing civil war. Moreover, the absence of an effective rule of law
system and an independent judiciary, as well as the dominance of a number of paramilitary
and security apparatuses, have also led to the consolidation of a climate of fear and
oppression.
232. The Commission met protagonists on both sides of this conflict who are not
motivated by ethnic, tribal or religious causes. They also do not wish to see their country
break up. On both sides of the conflict, the common goal is to see a unified modern and
progressive Libya with democracy, rule of law and human rights prevailing.
233. The events that have occurred since February have produced a traumatic impact on
society as a whole. It is against this background that the patterns of violations outlined in
this report are to be assessed. The ongoing Libyan conflict, which is characterized by a
relatively small number of victims, has nonetheless produced a significant sociopsychological impact on the society as a whole, particularly in relation to reports of sexual
violence. Moreover, previous violent experiences, such as those involving the Abu Salim
prison and the hanging of students (see paragraph 24 of the present report) deemed to have
views opposing those of the Government, as explained, have also been traumatic for Libyan
society.
234. What started as a series of peaceful demonstrations aiming at achieving reforms in
governance and more particularly seeking to see the regime evolve into a democratic form
of government subject to the rule of law and upholding human rights was met with the
opposition of the Government and of those supporting it. Within a relatively short period of
time, this initial phase escalated into a civil war in which opposing forces fought battles in
cities for the control of territory. The conflict thus acquired the legal characteristics of a
conflict of a non-international character under international humanitarian law. Thus the
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