A/HRC/19/68
117. Robust efforts were made to corroborate the information received, through crossreferencing and testing of witness testimony; interviews with both perpetrators and victims,
where possible; and site visits to seek physical evidence. While it took into account
information from media sources and non-governmental organizations, the Commission
relied primarily on evidence gathered from its own interviews and observations. Alongside
the substantial additional evidence of the violations committed by Qadhafi forces that the
Commission was able to gather for the present report, a significant amount of new
information was also gathered relating to violations by the thuwar. The Commission was
impartial and its mandate covered all violations, irrespective of the perpetrator.
B.
Qadhafi forces
118. The Commission concluded that international crimes, specifically crimes against
humanity and war crimes, were committed by Qadhafi forces in Libya. It confirms its
finding in its first report, namely that acts of murder, torture, enforced disappearance and
certain acts of sexual violence were committed by Qadhafi forces within the context of a
widespread or systematic attack against the civilian population, with knowledge of the
attack. These acts constitute crimes against humanity.
119. The Commission confirms its finding in its first report that Qadhafi forces
committed violations of international humanitarian law, which amount to war crimes. The
violations identified included murder, torture, rape and attacks on civilians and civilian
objects and protected buildings, medical units and transport. The breaches of international
human and humanitarian rights law included indiscriminate attacks, arbitrary arrest and the
recruitment and use of child soldiers.
C.
Thuwar
120. The Commission has also concluded that war crimes and crimes against humanity
were committed by the thuwar and that breaches of international human rights law continue
to occur in a climate of impunity. It found evidence of acts of extrajudicial executions,
torture, enforced disappearance, indiscriminate attacks and pillage. No investigations have
been carried out into any violations committed by the thuwar.
121. The Commission was unable to reach any conclusion in relation to the death of
Muammar and Mutassim Qadhafi, and recommends further investigation.
D.
North Atlantic Treaty Organization
122. NATO conducted a highly precise campaign with a demonstrable determination to
avoid civilian casualties. For the most part, they succeeded. In the case of some limited
occasions, the Commission confirmed civilian casualties and found targets that showed no
evidence of military utility. The Commission was unable to draw conclusions in such
instances on the basis of the information provided by NATO, and recommends further
investigations.
E.
Current situation in Libya
123. The interim Government has expressed a commitment to human rights and its
concerns about torture, ill-treatment and other violations, although its implementation of
that commitment in practice has remained uneven. The interim Government will need
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