A/HRC/31/47
nonetheless not limited to these particular groups; other non-State actors, such as
smugglers, also committed human rights abuses.
63.
There appears to be no effective oversight or accountability in Libya in relation to
the commission of violations and abuses. No party to the conflict appears to have been
exercising its responsibilities to address violations or abuses, nor have State authorities
exercised their responsibilities to provide effective remedies to victims, to prevent future
violations or abuses and to ensure non-repetition.
64.
Many of the violations and abuses documented may amount to war crimes and other
crimes under international law. With regard to war crimes, they included subjecting persons
taking no active part in hostilities to violence to life and person (including murder,
mutilation, cruel treatment and torture); the taking of hostages; executions without any prior
pronouncement of a judgement by a regularly constituted court; directing attacks against
the civilian population; directing attacks against buildings, medical units and transport and
personnel bearing distinctly the emblems of the Geneva Convention; intentionally directing
attacks against humanitarian personnel; pillaging; rape and other forms of sexual violence;
the conscription or enlistment of children under the age of 15 years or using them to
participate actively in hostilities; and destroying or seizing the property of an adversary.
65.
The above-mentioned acts should be immediately and fully investigated as part of a
comprehensive criminal investigation, and those responsible should be brought to justice.
VII. Assessment of the justice sector, and moving towards
accountability
66.
The justice system has been significantly compromised by the security situation and
structural weaknesses. Both aspects require attention to ensure access to justice and
consolidation of the rule of law. Building on the reforms commenced after 2011, it is
important that efforts be renewed to strengthen the justice system.
67.
The sheer number of allegations of gross violations of international human rights
law, serious violations of international humanitarian law and serious abuses of human
rights, and the fact that they have been committed by so many different parties in disparate
geographical areas, present enormous challenges, in particular in overcoming the prevailing
impunity and fostering accountability.
68.
Criminal justice accountability in Libya is currently being pursued through both the
International Criminal Court and the Libyan justice system.
69.
In its resolution 1970 (2011), the Security Council referred the situation of Libya to
the Prosecutor of the International Criminal Court. The Prosecutor of the Court affirmed
her belief that the crimes under international law committed in 2014 and 2015 fell within
the purview of the referral. The Prosecutor also noted, however, that capacity to pursue
these cases had been hampered by resource constraints.12 The High Commissioner supports
resourcing the Court further to enable it to expand its investigations into the events since
2014 as vital for breaking the cycle of impunity in Libya. It is however clear that the Court
is not designed to address, and will never be able to pursue, such a large number of cases
relating to crimes under international law arising in Libya.
12
14
Tenth report of the Prosecutor of the International Criminal Court to the Security Council pursuant to
Council resolution 1970 (2011), 26 October 2015, para. 43.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents