A/HRC/34/42
bombing of a hospital in Derna in February in which 2 people were killed; the shelling of
the Benghazi Medical Centre in May and June; and a car bomb attack on the Al-Jala’
hospital in Benghazi on 24 June, in which 5 people were killed and 13 injured, including 2
children. Other attacks on hospitals were recorded in Zawiya and Sabha.
20.
Since the outbreak of the conflict between the Benghazi Defence Brigade armed
group and Operation Dignity forces in June 2016, a number of mass graves have been
discovered in Ajdabiya. In July, 17 bodies were discovered in the Ajli Daya
neighbourhood; a mass grave with 29 bodies was discovered in the Al-Magron area; and 10
bodies were reportedly found in the Al-Karasa neighbourhood.
21.
Civilians remain trapped in the Ganfouda neighbourhood of Benghazi, facing
bombing and shortages of food, water and medical care. UNSMIL/OHCHR documented
the deaths of 32 civilians in Ganfouda in August and October from airstrikes. Those trapped
include migrant workers and former prisoners from the Buhdeima military prison in
Benghazi, who were taken by the Benghazi Revolutionaries Shura Council in 2014, and
reportedly other individuals earlier abducted by the Shura Council. Despite mediation
efforts supported by UNSMIL, by late October the Shura Council and the Libyan National
Army had not reached an agreement on the modalities for evacuation of civilians.
B.
Violations of the right to life, including unlawful killings
22.
International human rights law prohibits the arbitrary deprivation of life and requires
the State to protect the right to life. 1 The State is responsible for violations committed by
non-State actors operating in support of or as agents of State authorities. Governments shall
ensure strict control, including a clear chain of command, over all officials responsible for
apprehension and detention. 2 Under international humanitarian law it is unlawful to kill
civilians and any persons not taking an active part in hostilities. It is prohibited to kill
members of armed forces who surrender, or are otherwise hors de combat (e.g. captured or
wounded fighters no longer able to fight). 3
23.
UNSMIL/OHCHR has found that armed groups, including some operating
nominally under State institutions, were responsible for the killing of civilians and
detainees in violation of the right to life and of international humanitarian law.
24.
In 2016, UNSMIL/OHCHR received reports of unlawful killings carried out by
armed groups from all sides. On 9 June, the bodies of 12 men associated with the former
Qadhafi regime were found with gunshot wounds in different locations in Tripoli. All 12
were prisoners from the Al-Ruwaimi prison in Tripoli, whose release had just been ordered
by the Office of the General Prosecutor. The Al-Ruwaimi prison is controlled by an armed
group, the Ruwaimi Brigade, under the nominal oversight of the Judicial Police. The
circumstances surrounding the killings remain unclear, including whether the prisoners had
been released before their deaths. The Office of the General Prosecutor stated that it had
opened an investigation, but has yet to announce its findings.
25.
On 21 July, the bodies of 14 people were found in a rubbish dump in the Al-Leithi
neighbourhood of Benghazi and on 29 October, 10 bodies were found in another rubbish
dump in the Al-Sheibna neighbourhood. Both neighbourhoods are controlled by forces
aligned to Operation Dignity. Reports indicate that the bodies had their limbs bound,
1
2
3
6
See, for example, the International Covenant on Civil and Political Rights, art. 6 (1).
See the Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and
Summary Executions, principle 2.
See common article 3 and Additional Protocol II, art. 4 (2) (a) to the Geneva Conventions.
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