A/HRC/19/68
81.
Qadhafi forces launched sustained shelling on many towns and cities across Libya
during the conflict. Some of these towns, such as Misrata, were still occupied by civilians.
The use of unguided weapons in such cases constituted an indiscriminate attack. While the
attacks damaged and destroyed some apparently civilian objects, such as mosques, the
thuwar used individual buildings for military purposes, thus voiding their protected status.
82.
A similar principle applied to the attack by the thuwar on Sirte. The scale of the
destruction there and the nature of the weaponry employed indicated that the attacks were
indiscriminate.
H.
North Atlantic Treaty Organization16
1.
Introduction
83.
On 17 March 2011, the Security Council adopted resolution 1973 (2011), in which it
authorized “all necessary measures” to “protect civilians and civilian populated areas under
threat of attack in the Libyan Arab Jamahiriya”, while excluding a “foreign occupation
force”. On 19 March, military forces from France, the United Kingdom of Great Britain and
Northern Ireland and the United States of America began attacks. On 31 March, NATO
assumed command of all offensive operations.
2.
Findings
84.
NATO aircraft flew a total of 17,939 armed sorties in Libya, employing exclusively
precision guided munitions. NATO representatives informed the Commission that it had a
standard of “zero expectation” of death or injury to civilians, and that no targets had been
struck if there was any reason to believe that civilians would be injured or killed. The
Commission was furthermore informed that the majority of munitions employed had
delayed fusing to minimize collateral effects, and that NATO had also employed the
minimum-sized munitions necessary to achieve the objective. NATO also warned the
population by means of leaflets and radio broadcasts.
85.
The Commission took into account the claims made by the Qadhafi Government
with regard to civilian casualties, but subsequent testimony from former regime members
and others, as well as its own interviews at the sites, confirmed that the Government had
deliberately misstated the extent of civilian casualties. In one case, the Commission
received a credible report of Libyan forces moving the bodies of children from a hospital
morgue and taking them to the site of a NATO airstrike.
86.
Despite the precautions taken by NATO as described above, the Commission noted
incidents of civilian deaths and of damage to civilian infrastructure. Of the 20 NATO
airstrikes investigated, the Commission documented five airstrikes where a total of 60
civilians had been killed and 55 injured. The Commission also investigated two NATO
airstrikes that damaged civilian infrastructure and where no military target could be
identified.
87.
The single largest case of civilian casualties from a NATO airstrike in Libya was
witnessed on 8 August 2011 in the town of Majer, where the Commission found that
NATO bombs had killed 34 civilians and injured 38. After the initial airstrike killed 16
people, a group of rescuers arrived and was hit by a subsequent attack, killing 18.
88.
Of the five targets where the Commission identified civilian casualties, four were
termed command and control (C2) nodes or troop staging areas by NATO. The
16
16
See A/HRC/19/CRP.1, chap. III, sect. H.
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