A/HRC/19/68
Commission found remains of Chinese-manufactured Type-84 rocket-dispensed scatterable
anti-tank mines and transport rockets at the port.
74.
When surveying the damage to the city, the Commission’s military expert noted that
the damage to buildings was consistent with the use of small arms (7.62x39mm and other),
heavy machine guns (12.7mm and 14.5mm), anti-aircraft guns (23mm), tube and rocket
artillery, large calibre weapons (high-explosive anti-tank (HEAT) tank rounds and highexplosive squash head (HESH) tank rounds), mortars (various from 60 to 120mm), rockets
(122mm Grad-entry holes were found with the rear of the rockets still protruding from
ground), rocket-propelled grenades and recoilless rifles.
75.
Qadhafi forces launched a military assault on Al Zawiyah after it fell to the
opposition in late February 2011. Those interviewed by the Commission, including a
former senior security official, stated that Qadhafi forces fired Grad rockets and mortars
into Al Zawiyah. They also used tanks, rocket launchers and 14.5mm anti-aircraft guns.
76.
Opposition-held towns in the Nafusa Mountains also sustained heavy shelling from
Qadhafi forces. The majority of the civilian population evacuated, with the exception of
Zintan, where at least 55 civilian casualties, including women and children, were reported.
The most extensive damage was observed in Yafran, which was occupied by Qadhafi
forces from 18 April until the first week of June 2011.
77.
The Commission received numerous allegations of attacks on hospitals, medical
personnel and ambulances, including in Al Zawiyah, Misrata, Tripoli and Yafran. Medical
personnel treating members of the thuwar were subject to killing, arbitrary arrest or
detention accompanied by torture, ill-treatment and harassment. Ambulances were
reportedly shot at by Qadhafi forces several times during the course of the conflict and were
used to transport armed soldiers. Hospitals were shelled, medical supplies restricted, and
wounded demonstrators and members of the thuwar reportedly denied medical treatment.
78.
The Commission investigated reports of Qadhafi forces deliberately targeting places
of worship, including the mosque on the central square in Al Zawiyah. The Commission
found that, in some instances, civilian buildings, including mosques, had been
inappropriately used for military purposes by the thuwar, and could therefore be considered
lawful targets.
3.
Thuwar
79.
The Commission found that the thuwar also used inherently indiscriminate weapons
in their military offensives against cities perceived as loyalist. Of particular concern was
their conduct in Sirte. The Commission found that almost every building exhibited some
form of damage. The most common damage and weapon debris observed was from Grad
rockets, and heavy machine-gun fire from 14.5mm and 23mm weapons. The structural
integrity of dozens of buildings was compromised (with many collapsed walls and roofs)
and therefore uninhabitable. Numerous buildings exhibited impact from shells consistent
with fire from 106mm recoilless rifles and 107mm rocket artillery, using both highexplosive anti-tank and squash head rounds. Although some of the buildings were probably
used by the Qadhafi forces and were therefore legitimate targets for attack, damage was so
widespread that it was clearly indiscriminate in nature.
4.
Conclusions
80.
The Commission found that both the Qadhafi forces and the thuwar launched
unguided munitions into residential areas, in breach of the fundamental principle of
distinction.
15
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