A/HRC/17/44
3.
Factual findings
174. Expanding bullets: Three doctors interviewed by the Commission in Benghazi and
one in Al-Bayda gave accounts of wounds that they had treated, whose cause may be
consistent with the use of “expanding” bullets. Doctors and victims have described small
entry wounds and larger exit wounds, a circle of 7 or 10 cm in diameter in some cases.146
Doctors have also described small entry wounds with various internal organs shredded by
the bullet. Further investigation, including military and forensic pathologist expertise is,
however, required to confirm or deny the usage of expanding bullets.
175. Cluster munitions: The Commission is aware of reports of the use of cluster
munitions by pro-Government forces in their attempt to regain control of the besieged city
of Misrata. On 15 April 2011, Human Rights Watch reported that Government forces had
fired cluster munitions in residential neighbourhoods of Misrata further specifying that the
cluster munitions were the Spanish-produced MAT-120mm mortar projectile, which open
in mid-air and release 21 submunitions over a wide area.147 Other independent sources
including Amnesty International have confirmed the incident and stated that Spain sold
such munitions to Libya in 2007. Further investigation, including military and forensic
pathologist expertise is, however, required to confirm or deny the usage of cluster
munitions.
176. Mines: The Commission notes the rule of customary international humanitarian law
requiring that where landmines are used, particular care must be taken to minimize their
indiscriminate effects.148 Information collected from various sources including Human
Rights Watch indicates that anti-tank mines in Colonel Qadhafi‟s hands are made mostly
out of hard-to-detect plastic and can be armed with an anti-lifting device that causes the
mine to explode when attempts are made to remove it from the ground, making them
particularly dangerous. On 24 March, Human Rights Watch confirmed the discovery of this
type of anti-vehicle mines in the area around Ghar Yunis University in Benghazi. A United
Nations demining expert located 12 warehouses filled with tens of thousands of anti-vehicle
mines.149 Though landmines in border areas are a legacy of the past 150 it has also been
reported that anti-personnel and anti-vehicle landmines have been newly laid by
Government forces, particularly in the outskirts of Ajdabiya151 and in Benghazi.152 Human
Rights Watch reported that 24 anti-vehicle mines and roughly three dozen anti-personnel
146
147
148
149
150
151
152
50
after ratifying the amendment. There remains some debate as to whether customary international law
includes a blanket prohibition on the use of expanding bullets in non-international armed conflict.
The accounts of at least five injured persons interviewed in Alexandria match the description of
wounds that may have been caused by expanding bullets.
Upon exploding on contact with an object, each submunition disintegrates into high-velocity
fragments to attack people and releases a slug of molten metal to penetrate armoured vehicles. Human
Rights Watch, “Libya: Cluster Munitions Target Misrata,” 15 April 2011. Available from
www.hrw.org/en/news/2011/04/15/libya-cluster-munitions-strike-misrata.
Rule 81, ICRC Study on Customary International Humanitarian Law.
Human Rights Watch “Government Use of Landmines Confirmed”, 30 March 2011. Available from
www.hrw.org/fr/news/2011/03/30/libya-government-use-landmines-confirmed.
Dating back to the Second World War and to the conflicts with Egypt in 1977 and with Chad in
1980–1987.
It was reported by Human Rights Watch and Amnesty International that on 28 March 2011 two
antipersonnel mines detonated, 1 km from Ajdabiya town, when a truck of Eastern Libya Electricity
Company was passing by. After the incident, a clearance operation was conducted by a civil defence
team which reported having disarmed 24 anti-vehicles mines and more than 30 plastic anti-personnel
mines.
Human Rights Watch reported that during the retreat of Government forces on 19 March 2011 in
Benghazi, anti-vehicle mines were left behind in the area around Ghar Yunis University.
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