09/12/2021
LYBIA: UN Investigation, Commissioned by the Human Rights Council, Finds War Crimes and Crimes Against Humanity Have Been Committed
Read my article here: https://www.peaceconsulting.net/libya-un-investigation-commissioned-by-the-human-rights-council-finds-war-crimes-and-crimes-against-humanity-have-been-committed/
The UN Human Rights Council, based in Geneva, commissioned a fact-finding mission to Libya to examine the human rights situation concerning alleged crimes committed in Libya since 2016. The panel published its report at the 48th session of the Council, on 4 October 2021. It found that alleged war crimes and crimes against humanity were committed in the country and called for the extension of its mandate to examine the situation further and identify the persons responsible.
The UN fact-finding mission had faced extreme challenges and difficult circumstances that hampered its entry to Libya prior to June 2021. They interviewed more than 150 people and examined thousands of documents, which resulted in the publication of its report.
What is the Mandate of the UN Fact-Finding Mission to Libya?
The mandate of the UN fact-finding mission to Libya is relevant for various reasons. The rationae materiae includes the investigation of alleged violations of international humanitarian law and human rights law, but excludes international criminal law due to a subsequent investigation being carried out by the International Criminal Court (ICC).
The ratione temporis is fixed as “since the beginning of 2016”, and does not date back to 2011, the fall of the Qaddafi regime and the NATO military operations. It started at the beginning of 2016, when massive migration started, and the human rights situation had severely deteriorated in Libya. On the other hand, the ICC`s investigation has the mandate to investigate breaches of international criminal law starting from 2011, after the fall of the Qaddafi regime.
The ratione persone of the UN fact-finding mission, mandated by the Human Rights Council, is focused on Resolution 43/39, which refers to violations and abuses committed by “all parties”. This is excellent news because all state actors and non-state actors are covered by this definition, as well as mercenary groups.
What are the Findings of the UN Investigation to Libya?
The work of the UN fact-finding mission to Libya was led by Mohamed Aujjar (Morocco), a former Minister of Justice, Tracy Robinson (Australia) and Chaloka Beyani (Zambia/United Kingdom).
According to their findings, they have evidence that possible crimes against humanity and war crimes were committed in Libya. Many of the alleged crimes were committed against civilians and migrants detained in the country while trying to get to Europe.
What has the political situation been like in Libya since the fall of Qaddafi in 2011?
Click here to read my full article.
UN Investigation, Commissioned by the Human Rights Council, Finds War Crimes and Crimes Against Humanity Have Been Committed