A/HRC/17/44
military units to form what is now variably known as the Free Libyan Army, the National
Libyan Army or the rebels.42 Subsequently, volunteers from different cities, towns and
villages in Libya joined the opposition forces. During its visit to eastern Libya, the
Commission was able to observe young volunteers holding identity cards with barcodes. It
was explained that the identity cards were distributed when the individuals were issued with
a weapon.
47.
Few details are available on the strength and organization of the opposition armed
forces. Reports suggest the forces include “thousands of men” who are attending ad hoc
training camps in 10 different locations in eastern Libya. Subsequent to this training, people
are ready to be deployed in units of four or five to the frontline. Reports also suggest that a
number of western countries are providing training to the troops. It has been reported that
command structures within the armed opposition forces have been unclear. General Abdul
Fatah Yunis, former Commander of an army special force and most recently Minister of
Interior defected on 22 February 2011 and became the top field commander of the
opposition forces, with General Khalifa Hufter becoming his deputy. A military council
under NTC established on 5 March was set up to coordinate security matters, headed by
Omar Hariri. International media has reported the creation of at least two brigades of
opposition forces, the Omar al-Mukhtar Brigade in Ajdabiya and the Ali Hassan al-Jaber
Brigade, named after the Al-Jazeera cameraman killed in March by forces loyal to Colonel
Qadhafi.
48.
According to information received by the Commission, the weapons and vehicles
available to the opposition forces initially comprised equipment captured during battles
with Government forces or taken from military posts and warehouses upon gaining control
of such facilities, together with equipment belonging to the defecting military units. The
opposition armed forces are also believed to be receiving equipment from foreign countries
including uniforms and communication means.
4.
International forces
49.
Following Security Council resolution 1973 (2011) authorising Member States and
regional organisations to, enforce a no-fly zone and take “all necessary measures” to protect
civilians in Libya, an initial coalition of States led by the France, the United Kingdom of
Great Britain and Northern Ireland and the United States of America resorted to employ
military means with a view to enforcing the resolution. According to NATO, as at 31 May,
the coalition included the following countries: Belgium, Bulgaria, Canada, Denmark,
France, Greece, Italy, Jordan, Netherlands, Norway, Qatar, Romania, Spain, Sweden,
Turkey, United Arab Emirates, United Kingdom and United States. On 31 March, NATO
assumed full command of military operations against Libya.
D.
International legal framework for the Commission’s analyses
1.
Legal classification of the situation
50.
The escalation of the situation in Libya has particular consequences in terms of the
application of international law. In legal terms, the periods in this escalation can be
demarked as: (a) peacetime; (b) non-international armed conflict; and (c) coexisting
international armed conflict. For the purposes of the application of relevant legal standards,
it is necessary to define more closely the relevant time periods involved.
42
The term “rebels” is used by both NTC and its military commander, General Abdul Fatah Yunis to
refer to the totality of the opposition forces. It has also been used by some Government officials.
17
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