Document - Libya: Continued scrutiny of human rights situation in Libya needed

AMNESTY INTERNATIONAL

PUBLIC STATEMENT

Index: MDE 19/004/2012

12 March 2012

Libya: Continued scrutiny of human rights situation in Libya needed

The following is a statement made by Amnesty International in the interactive dialogue with the International Commission of Inquiry on 12 March 2012, during the nineteenth session of the Human Rights Council.

Amnesty International has documented violations of human rights and international humanitarian law, including war crimes and crimes against humanity, committed by all sides during the Libyan armed conflict.

Amnesty International welcomes the Commission of Inquiry’s report as an important contribution to efforts to documenting human rights violations and abuses by all parties during the Libya conflict as well as those committed in its aftermath. We welcome the emphasis that the Commission has placed on measures to ensure the accountability of the perpetrators of these violations and abuses. The organisation regrets, however, that the Commission’s report makes no reference to universal criminal jurisdiction for international crimes committed during and after the Libyan conflict. In the absence of a functioning Libyan court system and for as long as the Libyan justice system remains weak and while some alleged perpetrators remain outside Libya, universal criminal jurisdiction will be an important mechanism for accountability.

We welcome that the Commission examined the activities of NATO during the Libyan conflict. Amnesty International also sought NATO’s clarification about incidents where civilians were killed, or civilian objects hit, in Operation Unified Protector. We are concerned by the lack of information about NATO investigations carried out into such incidents, and we support the Commission’s call for further investigations. We call for the public disclosure of the findings of all such investigations.

Bearing in mind the findings and recommendations of the Commission, Amnesty International urges the Human Rights Council to:

call for the expansion and strengthening of the human rights monitoring component of the UN Support Mission in Libya.

appoint a Special Rapporteur to monitor the evolving human rights situation in Libya and make recommendations to assist the Libyan authorities.

Amnesty International urges the interim government of Libya to:

Investigate all alleged human rights abuses and violations by committed by any parties during and after the conflict; prosecute suspected perpetrators in fair trials carried out in accordance with international standards and without recourse to the death penalty; and ensure reparation for victims of abuses and violations and their families.

Establish vetting measures to ensure those persons responsible for serious human rights violations or abuses are not integrated into the Libyan security, military and police forces or other similar bodies.

Ratify the 1951 Convention relating to the Status of Refugees.

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