A/HRC/17/44 deprivation of life (art. 6 of the Covenant on Civil and Political Rights), but the right to the highest attainable standard of physical and mental health (art. 12 of the Covenant on Economic, Social and Cultural Rights), the right to an adequate standard of living (art. 11 of the Covenant on Economic, Social and Cultural Rights), freedom of religion (art. 18 of the Covenant on Economic, Social and Cultural Rights) and cultural rights (art. 15 of the Covenant on Economic, Social and Cultural Rights and art. 27 of the Covenant on Civil and Political Rights). 151. Under the Rome Statute, there are a variety of war crimes that correspond to breaches of many of the international humanitarian law guarantees. These include the war crimes of intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities, intentionally directing attacks against civilian buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives, intentionally directing attacks against medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with international law (art. 8, para. 2 (e)) in addition to the war crimes representing serious violations of Common Article 3 (art. 8, para. 2 (c)). Particular type of attacks against civilians (including medical personnel) may also amount to a crime against humanity if committed as part of a widespread or systematic attack against any civilian population, with knowledge of the attack. 3. (a) Factual findings Intentional or indiscriminate attacks on civilians 152. The Commission received considerable information from witnesses concerning intentional or indiscriminate attacks on civilians or attacks having a disproportionate impact on civilians. During its field missions, civilian witnesses raised examples in three locations in particular: Ajdabiya, Nafusa Mountain and Misrata.120 153. Ajdabiya: The Commission received information about heavy fighting in Ajdabiya where artillery and rocket-propelled grenades were reportedly used. One witness referred to the case of a family whose car was hit by a rocket exploding 10 meters away while they were fleeing the fighting in Ajdabiya. As a result, three family members were killed and two others were injured, including an 8-year-old boy treated in the Benghazi Medical Centre. A doctor working in Ajdabiya noted to the Commission that the wounds of the injured persons treated in this city were consistent with the use of arms with high calibre and missiles. 154. Nafusa Mountain area: One person interviewed from the Kikla District of Nafusa Mountain, informed the Commission that Government forces had been firing mortars and Grad rockets into residential areas of the Nafusa Mountain since 13 April 2011, leading to many casualties and causing fear and panic within the community. The Grad rockets, he added, had been fired in a random and indiscriminate manner towards the mountainous area and had landed over a wide residential area, inflicting large-scale civilian casualties. Other witnesses confirmed that the Nafusa Mountain area had been under bombardment since the beginning of April 2011 with little apparent distinction being made between civilian and military targets. One witness referred to a bombardment in Kikla District, causing the death of at least 11 civilians, including women and children. 120 There have been reports of attacks on civilians in many locations in Libya. The choice of the two areas featured in this report is based upon locations where the Commission gathered first-hand information and should not be taken as indicative of allegations being limited to these areas. 43

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