A/HRC/34/42
Additional Protocols I and II. Of particular relevance are common article 3 to the Geneva
Conventions and Additional Protocol II, which both apply to non-international armed
conflicts and contain protections applicable to civilians and other persons not taking a direct
part in hostilities, as well as applicable norms of customary international humanitarian law.
III. Protection of civilians
A.
Indiscriminate attacks and other violations of international
humanitarian law
15.
Under international humanitarian law, civilians and civilian objects are protected
from being the object of an attack. Parties to a conflict are under an obligation to target only
military objectives. Direct attacks on civilians and indiscriminate attacks, which do not
distinguish between civilians and fighters, are prohibited. Attacks that are expected to cause
incidental loss of civilian life, injury to civilians and damage to civilian objects excessive to
an anticipated concrete and direct military advantage are also prohibited. Attacks in breach
of those standards amount to war crimes that can be prosecuted by the International
Criminal Court, which has jurisdiction over crimes committed in Libya since 2011. Under
the Libyan Political Agreement, all armed factions are committed to complying with
Libyan legislation and international humanitarian and human rights law.
16.
In the current context in Libya, it is often difficult to establish whether any particular
attack was indiscriminate and which party was responsible. However, the available
information indicates a pattern of attacks using imprecise weapons in heavily populated or
residential areas, which together may amount to indiscriminate attacks. Weapons that are
imprecise or that have wide-area effects, may be unsuited for targeting military objectives
located in densely populated areas. Mines, booby-traps and explosive remnants of war are
also indiscriminate by nature.
17.
In 2016, attacks in populated areas with imprecise weapons continued to cause
civilian casualties across Libya, including in Benghazi, Derna, Sirte, Sokna and Tripoli.
From 1 January to 31 October, UNSMIL/OHCHR documented 498 civilian casualties,
including 212 killed and 286 injured. Victims included 121 men killed and 151 injured, 31
women killed and 28 injured, 43 children killed and 51 injured, and 73 other victims whose
sex and/or age is unknown. The leading causes of death were airstrikes, gunfire and
shelling. The largest number of civilian deaths documented were in Benghazi.
18.
Incidents documented included attacks on children in recreational areas, on camps
for internally displaced persons and on peaceful protesters. On 15 June, the Libyan National
Army/Libyan Air Force carried out an airstrike, which hit a children’s playground in Derna,
injuring three children. On 20 September, unidentified aircraft carried out an airstrike that
hit a water park near Sokna in Jufra, killing six women and a child and injuring three
others. On 14 October, the Benghazi Revolutionaries Shura Council shelled a playground in
the Benina neighbourhood, injuring five boys. On 9 January, unidentified groups shelled
the Al-Fallah camp for internally displaced persons from Tawergha, killing two women and
one man, and injuring eight others, including one child. On 16 October, shelling of the
same camp led to the death of one woman and the injury of three women and three
children. On 6 May, a peaceful protest in Al-Kish square, Benghazi, was shelled, killing 4
men, 2 women, 1 child and 1 unidentified person, and injuring at least 32 others. This
attack followed two similar incidents in 2015, where peaceful protesters were shelled,
killing at least 12 civilians, including 3 children.
19.
Civilian objects, in particular hospitals, were also attacked. From 1 January to 28
October, UNSMIL/OHCHR documented seven attacks on medical facilities, including the
5
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