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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