A/HRC/19/68
The Commission concluded that the North Atlantic Treaty Organization (NATO)
had conducted a highly precise campaign with a demonstrable determination to avoid
civilian casualties. On limited occasions, the Commission confirmed civilian casualties and
found targets that showed no evidence of military utility. It was unable to draw conclusions
in such instances on the basis of the information provided by NATO, and therefore
recommends further investigations.
The interim Government faces many challenges in overcoming a legacy of more
than 40 years of serious human rights violations and deterioration of the legislative
framework, judicial and national institutions. It has nevertheless expressed a commitment
to human rights and taken positive steps to establish mechanisms for accountability. The
Government is gradually restoring the judiciary by reopening courts and recalling judges,
and there has been some progress in the transfer of detainees to central Government
control.
The Commission is nevertheless concerned by the failure to hold the thuwar
committing serious violations to account. Libyan authorities can break with the Qadhafi
legacy by enforcing the law equally, investigating all abuses – irrespective of the
perpetrator – and ensuring that amnesty processes comply with the State’s obligations
under international law.
To give effect to its commitment to improve the human rights situation in Libya, the
interim Government will need considerable support from the United Nations and the
international community.
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