A/HRC/31/47
5.
Besides the limited access to Libya, another challenge faced by the investigation
team was the hostile environment for those raising human rights issues. The political
divisions in Libya and the fact that most international organizations are operating remotely
also had an impact on investigations. OHCHR was nonetheless able to gather a substantial
body of information leading to the finding that there are reasonable grounds to believe that
gross violations of international human rights law, serious violations of international
humanitarian law and serious abuses of human rights have been committed in Libya. The
High Commissioner stresses the need for ongoing international attention to ensure the
effective, prompt and thorough investigation of these violations and abuses, and that those
responsible are held accountable.
II. International legal framework
6.
The investigation was carried out considering Human Rights Council resolution
28/30 as a whole and taking into account the approach of previous investigative missions
mandated by the Human Rights Council. The investigation was conducted within the
framework of all relevant international legal norms, including international human rights
law, international humanitarian law and international criminal law.
III. Context
7.
Still recovering from the Qadhafi period and the armed conflict of 2011, Libya
experienced a dramatic decline in its political and security situation in 2014 and 2015,
amidst competing legislatures, divided State security institutions and forces, and multiple
armed groups, with devastating effects for the population.
8.
In the east, in May 2014, retired General Khalifa Haftar launched Al Karamah
(“Operation Dignity”), reportedly to eradicate “radical terrorist” groups from eastern Libya.
An alliance of groups, including Ansar al-Sharia, joined the Benghazi Revolutionaries
Shura Council to fight forces deployed under Operation Dignity. As at December 2015,
hostilities were still ongoing. In the west, heavy fighting erupted in Tripoli in July 2014.
Originally focused on control of Tripoli international airport, Misrata-based armed groups
together with armed groups from Tripoli, Al-Zawiya, Zuwara and other towns launched the
Fajr Libya (“Libya Dawn”) campaign against armed groups affiliated with Zintan.
Thereafter, Libya Dawn gained control of Tripoli as armed groups from Zintan withdrew.
Libya Dawn expanded to the Warshafana region, and launched counter-offensives in the
Nafusa Mountains area. Ceasefire agreements in 2015 have since reduced the intensity of
clashes in the west.
9.
In 2014 and 2015, tribal armed groups engaged in localized hostilities in the south,
particularly in Sabha, Awbari and Al-Kufra. Armed conflicts in the north also spilled over
to the south, with some groups allying with Operation Dignity or Libya Dawn.
10.
In the meantime, groups pledging allegiance to Islamic State in Iraq and the Levant
(ISIL) further emerged as a force, particularly in Derna, Sirte and Benghazi. In addition to
prompting responses by the Libyan National Army aligned with Operation Dignity and a
number of armed groups, Egypt and the United States of America engaged in air strikes
targeting these groups.3
3
4
See Aswat Masriya, “Egypt’s Military Strikes ISIS in Libya”, 16 February 2015, Egyptian Streets,
and “U.S. Airstrike Targets Senior ISIL Leader in Libya”, United States Department of Defense, 14
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