A/HRC/17/44 mines were found on the eastern outskirts of Ajdabiya, a town that was held by Government forces between 17 and 27 March 2011. Human Rights Watch said that the mines, because of their location, posed a direct threat to civilians. 177. Use of phosphorous weapons: The Commission received some information pertaining to the possible use of phosphorous weapons. A doctor in Benghazi who met with the Commission described injuries that might be consistent with those produced by explosive ordinances containing phosphorus. At Al-Jalaa‟ Hospital, Benghazi, the Commission was provided with photos of the bodies of nine persons who had been brought to the hospital during the second half of February. The bodies were burnt but were shrunk in such a way that may be consistent with the use of phosphorous weapons. A Human Rights Watch report refers to the Government forces having access to white phosphorous artillery projectiles.153 Further investigation, including military and forensic pathologist expertise, would be required to verify the usage of such weapons. 178. Mortars: Based upon the facts available to it, the Commission believes that Government forces of the Libyan Arab Jamahiriya utilized mortars in their attacks on Misrata and Zintan. Mortars are weapons that kill or maim whoever is within the impact zone after they explode and they are unable to distinguish between combatants and civilians. A decision to deploy them in a location where a large number of civilians is likely to be present, is a decision that a commander should know will result in the death and/or and injuries of some of those civilians. 4. Conclusion 179. From the information available to it, the Commission is concerned that the Libyan authorities have not been undertaking appropriate and precautionary assessments which would, in the Commission‟s view, militate against the use of weapons, such as mortars, in densely urban areas. The Commission is also concerned about reports of the use of weapons such as expanding bullets, cluster munitions or phosphorous weapons within highly populated areas. Further investigation, however, including forensic analysis would be needed to confirm the usage of these ammunitions. H. 1. Use of mercenaries Introduction 180. Allegations concerning the use of mercenaries during the armed conflict in Libya have been widely reported.154 The Security Council, in its resolution 1973 (2011), deplored 153 154 In an April report on Libya, Human Rights Watch confirmed the discovery of white phosphorous artillery projectiles in a weapons storage facility in Ajdabiya after opposition forces took control of the city. Human Rights Watch, “Libya: Abandoned Weapons, Landmines Endanger Civilians”, 5 April 2011. Available from www.hrw.org/node/97835. For instance, Ali al-Essawi, former Libyan Ambassador to India, told Al-Jazeera that “People say they are black Africans and they don‟t speak Arabic. They are doing terrible things, going to houses and killing women and children”. Al-Jazeera, “Libyan diplomat decries „massacre‟”, 22 February 2011. Available from http://english.aljazeera.net/video/africa/2011/02/2011222165119717549.html. One report suggested that nomadic Tuaregs from Mali were also entering Libya to fight with the Government forces. Ofeibea Quist-Arcton, “Libya‟s Gadhafi Accused Of Using Foreign Mercenaries”, National Public Radio, 23 February 2011. Available from www.npr.org/2011/02/23/133981329/who-are-foreign-mercenaries-fighting-for-gadhafi. Another report stated that about hundreds of elite sniper from Belarus also participated in the Government forces with a monthly salary of £1,900. Andrew Osborn, “Libya: Belarus mercenary „paid £1,900 a 51

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