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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