A/HRC/17/44
attacks. In addition, authorities took specific action to impede the flow of information
(within as well as outside the country), including cutting landline telephone
communications, Internet access and other means of communication. Such actions
represent violations of the Government‟s obligation under international human rights law
and international humanitarian law.
F.
Attacks on civilians, civilian objects, protected persons and objects
1.
Introduction
145. During the armed conflict which has emerged in Libya, there have been a range of
reports made concerning attacks on civilians and civilian objects, either alleging intentional
targeting or indiscriminate attacks or attacks having a disproportionate impact on civilian
populations. Limited access to cities where fighting was ongoing and the fluid dynamics of
the conflict limited the collection of accurate data and hindered the Commission‟s ability to
verify information received. Thus, the Commission has not had full access to information
regarding the relevant military targets in particular locations, nor indeed was able to verify
the status of all affected persons. It has received, however, significant information
concerning the impact of the conflict on civilians and civilian objects and certain general
contextual information through speaking to over 115 persons and reviewing other material.
In this section, the first part deals with intentional or indiscriminate attacks on civilians and
civilian objects in general, with the latter part examining allegations with respect to persons
and objects enjoying an explicit protected status under international humanitarian law.
2.
Applicable law
146. In times of armed conflict, international humanitarian law is the lex specialis.
International humanitarian law prohibits the intentional targeting of civilians 111 and
indiscriminate attack on civilians.112 Forces are to distinguish between civilian and military
persons.113 Forces must also distinguish between civilian and military objects. Deliberate
attacks on civilian objects are prohibited. The notion of “civilian objects” embraces all
objects (e.g. houses, private dwellings, orchards, schools, shelters, hospitals, churches,
mosques, synagogues, museums and works of art) that neither serve nor are used for
military purposes. Attacks on places where both civilian and combatants may be found are
prohibited if they are not directed at a specific military objective or if they use methods or
means of combat which cannot be directed at a specific military objective. It is prohibited
to launch an attack which may be expected to cause incidental loss of civilian life, injury to
civilians, and/or damage to civilian objects which would be excessive in relation to the
anticipated concrete and direct military advantage. 114
147. In order to protect civilians, customary international law requires parties to take
precautions including to:
(a)
111
112
113
114
Do everything feasible to verify that targets are military objectives;
See Protocol II, article 13, paragraph 1: “The civilian population and individual civilians shall enjoy
general protection against the dangers arising from military operations.” See also paragraph 2: “The
civilian population as such, as well as individual civilians, shall not be the object of attack”. Common
article 3 prohibits “violence to life and person, in particular murder of all kinds” against persons
taking no active part in hostilities.
See rule 11, ICRC Study on Customary International Humanitarian Law, p. 37.
Implicit in article 13, paragraph 2, of Protocol II and rule 1, ICRC Study on Customary International
Humanitarian Law, p. 3.
See rule 14, ICRC Study on Customary International Humanitarian Law, p 46.
41
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