A/HRC/17/44
initial phase, which was subject to international human rights law, was transformed in the
second phase, in which international humanitarian law applied alongside international
human rights law.
235. The combination of the factors mentioned in the report has not only led to the
impunity of those who committed violations of international law identified in the report but
has also led them to feel emboldened in the continuation of their abuses against the civilian
population. This, in turn, explains why during the two phases of this conflict, namely the
phase of peaceful protests and demonstrations followed by the civil war phase, those on the
Government side have committed many violations of international human rights and
humanitarian law.
236. The estimated number of violations committed by Government forces is an
indication of certain patterns of behaviour which can logically be inferred to be either the
product of established policies or the product of a single person directing multiple
paramilitary and security organizations and groups for the accomplishment of the results
referred to above and identified throughout this report. The assumption that these patterns
of violence would have continued had they not met with opposing force was realistic.
Certainly the resulting consequences in terms of human harm would have been significantly
higher than what is estimated at the present stage of the conflict. It is not certain what the
cumulative number of persons killed or injured has been to date, with Government officials,
NTC and NGOs providing estimates ranging from 10,000 to 15,000 persons killed.
237. In relation to the Government‟s response to the demonstrations beginning on 15
February 2011, the Commission has concluded that there is sufficient evidence to suggest
that the Government forces used excessive use of force against demonstrators, at least in the
early days of the protests, leading to significant deaths and injuries. Such actions
represented a serious breach of a range of rights under international human rights law
including the right to life, the right to security of person, freedom of assembly and freedom
of expression. In relation to the latter days of protests as the situation escalated, more
investigation would be required to assess the security forces‟ use of force, in particular
more detail concerning actions taken by demonstrators to assess the response by
Government authorities.
238. The Commission has also established that many persons were incarcerated by the
Government without it being publicly known how many, for what reasons, where they were
kept, in what conditions and how they were being treated. Numerous allegations have been
made concerning disappearances by the Government were received by the Commission
either directly or through NGOs. The precise number of such cases cannot currently be
assessed. Access to medical treatment was impeded in the aftermath of the demonstrations
and freedom of expression was significantly curtailed by the Qadhafi regime including
through suppression of communication and attacks on journalists and other media
professionals. Torture and inhuman and degrading treatment can be considered to have
been committed on numerous occasions by both Government and opposition actors.
239. In relation to the conduct of hostilities, the Commission has noted violations of
international humanitarian law including attacks on protected medical staff, transport and
facilities, the misuse of the Red Cross/Red Crescent emblem, and a failure to take sufficient
precautionary steps to minimize damage to civilians and civilian objects. Further
investigation is required in determining if attacks on civilians (in general and in relation to
specifically protected persons) and civilian objects (including mosques and humanitarianrelated objects) have been intentional or indiscriminate. The Commission did not receive
any first-hand information concerning violations by the armed opposition force and is
therefore not in a position to determine whether any relevant violations occurred. Other
areas requiring further investigation include allegations concerning the use of child soldiers
on both sides of the conflict.
66
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