A/HRC/17/44
airstrike resulted in the killing of at least 13 rebels near Al-Brega on Friday 4 April 2011.190
Another incident reported by Reuters on 13 May 2011 and shown on Libya TV indicated
that a NATO air strike killed at least 16 civilians and wounded up to 40 civilians at a
guesthouse in the eastern Libyan city of Al-Brega. It was reported by the State television
that the attack occurred at dawn and that most of the victims were clerics who had gathered
for a religious ceremony. Following the departure of the Commission from Tripoli, it was
further reported that on 1 May, NATO air strike in Tripoli resulted in the killing of Sayf alArab the youngest son of Colonel Qadhafi, his wife and three grandsons.
4.
Conclusion
225. The Commission is not in a position at this stage to assess the veracity of the
information received. Furthermore, the Commission has not seen evidence to suggest that
civilian areas have been intentionally targeted by NATO forces, nor that it has engaged in
indiscriminate attacks on civilians.
IV. Assessment and findings
226. The Commission has been able to accomplish much in a relatively short period of
time and particularly during the period of an ongoing conflict. However, much more needs
to be done, particularly because the conflict continues and alleged violations of
international human rights law and international humanitarian law, including those
amounting to international crimes, continue to be reported.
227. The quality of the evidence and information obtained by the Commission varied in
its accuracy and reliability. The Commission opted for a cautious approach in the present
report by consistently referring to the information obtained as being distinguishable from
evidence capable of being used in criminal proceedings, whether national or international.
It was also careful to distinguish between information and reports received and testimony it
heard first-hand, as well as facts that it observed first-hand. This cautionary approach
should not, however, be read as an indication that the allegations of international human
rights law and international humanitarian law violations contained in this report are not
credible or sufficient in quality and quantity to warrant the concern of the international
community.
228. It should be noted that the reports received by NGOs were useful and, apparently,
reliable. The reports received from the Government sources and those of NTC did not,
however, reflect the same evidentiary qualitative standard. Government reports contained
mainly either general denials or specific allegations not supported by evidence. Both sides
supplied the Commission with broad statements based on unconfirmed reports, allegations
or public rumours. The Commission informed all sides of its evidentiary standards and met
with officials and NGOs on both sides, informing them of these standards and advising
them on reporting requirements. Nevertheless, all such information, notwithstanding
qualitative differences, was taken into account.
229. Since the beginning of this situation in February 2011, the media, including the
international media, have been active in producing reports on events, including videotaped
materials. Similarly, a large number of videos and still pictures have been given to the
Commission by individuals, NGOs, the Government, and NTC. While the Commission
190
64
Rebels in eastern Libya reported that a NATO air strike hit their forces near the oil town of Al-Brega,
killing at least 13 rebel fighters. Peter Walker, “Nato air strike „kills Libyan rebels‟”, The Guardian, 7
April 2011. Available from www.guardian.co.uk/world/2011/apr/07/nato-air-strike-libyan-rebels.
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