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Summary: On 9 June, the Human Rights Council held an interactive dialogue on the report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in Libya.
Report of the International Commission of Inquiry Presenting the report of the International Commission of Inquiry to investigate all alleged violations of international human rights law in Libya, Cherif Bassiouni, Chairperson of the Commission of Inquiry, said the report was the result of meetings with over 350 persons and the study of a large number of reports, submissions and other documentation, amounting to more than 5,000 pages, over 580 videos and over 2,200 photographs. The Commission found that what had started as a series of peaceful demonstrations was met with violent opposition by the Government and those supporting it, which then escalated into a civil war in which opposing forces fought battles in cities and for the control of territory. Violations In these contexts, there had been acts constituting murder, unlawful imprisonment and other forms of severe violations of fundamental rules of international law. These included torture, persecution and enforced disappearance, committed by Government forces and their supporters as part of a widespread or systematic attack against a civilian population with the knowledge that the attack was directed against part of the Libyan population. Such acts fell within the meaning of "crimes against humanity" as defined in Article 7 of the International Criminal Court status and under customary international law. The Commission also found that Government forces and their supporters had committed many serious violations of international humanitarian law amounting to "war crimes". The Commission was not of the view that the violations committed by the opposition armed forces had been part of any "widespread or systematic attack" against a civilian population such as to amount to crimes against humanity. However, it had received reports of facts that would indicate that forces connected with the opposition had committed international crimes. Libya's response Libya, speaking as a concerned country, said Libya had cooperated fully with the Chairperson of the Commission of Inquiry, Cherif Bassiouni. Despite the tension and turmoil, Libya remained committed to its international obligations, including its firm commitment to ensure rights and freedoms. Libya had presented a written report to the International Commission of Inquiry ensuring that no widespread and systematic violations of human rights had taken place under the orders of the Libyan authorities. The Libyan report also denied widespread and systematic attacks against civilians, torture and other violations. Libya had been condemned in the resolution approved by the Council on 25 February, but this resolution was based on fabricated information reported by media that was hostile to the country. Libya had handled the peaceful protests of 15 February in the normal way with no violations of human rights. The protests were quickly used by terrorist and criminal groups which started an armed rebellion and widespread violence, attacking police stations and army camps and taking weapons and using them in a violent way to overthrow the legitimate regime. The misunderstanding about the situation in Libya was because of the developments in the region and the anti-Libya media plan. The media had fabricated information that incited the international community to violence against Libya. Libya warned the international community against relying on this information. Interactive Dialogue with Council Members In the interactive dialogue on the report of the International Commission of Inquiry, speakers thanked the Commission for its hard work and the resulting recommendations, despite the fact that the members had worked under difficult circumstances and time constraints. Several speakers condemned the gross and systematic human rights violations in Libya and they said that the Commission's findings reinforced the conviction that the international community was right in reacting swiftly and firmly to events in Libya. They also shared the Commission's conclusion that there was evidence that international crimes, specifically crimes against humanity and war crimes, had been committed in Libya. The authorities in Libya had lost all legitimacy and could not longer claim to represent the Libyan people; Gaddafi should go. Call for extension of Commission of Inquiry's mandate At the same time, speakers called on the National Transitional Council to promote and protect human rights. Many speakers also expressed support for the extension of the mandate of the Commission of Inquiry. Other speakers said that despite the fact that diplomatic channels and peaceful methods had not been exhausted, NATO had used lethal weapons, killing the civilians it ostensibly was supposed to protect; reports of indiscriminate use of force by NATO deserved equal attention and investigation.