Libya Human Rights Report on Civilian Casualties - April 2016

1 May 2016

Libya Human Rights Report on Civilian Casualties - April 2016

Tunis, 1 May 2016 – From 1 April to 30 April 2016, the United Nations Support Mission in Libya (UNSMIL) documented 47 civilian casualties, including 33 deaths and 14 injuries, during the conduct of hostilities across Libya. Victims included 2 children injured, 18 men killed and 5 injured, 4 women injured, and 15 adults killed and 3 injured where the sex was not identified.

The majority of civilian deaths and injuries were caused by gun shots (18 deaths, 1 injured), while the next leading cause of death was explosive remnants of war (12 deaths, 3 injured) and then shelling, including mortars, artillery and other indirect weapons (3 deaths, 9 injured) and improvised explosive devices (1 injury).

UNSMIL documented 13 deaths in Bani Walid, 12 deaths and 4 injured in Derna, 4 deaths and 10 injured in Benghazi and 4 deaths in Sabha. These figures include the deaths of 13 Egyptian migrants who were killed by armed men while in custody in Bani Walid.

Due to limited access and the multiple parties engaged in the conflict, who did not take responsibility for particular incidents, UNSMIL was unable to determine with certainty which party caused these civilian casualties.

Aside from civilian casualties, UNSMIL documented an incident of concern in which migrants were killed. On 1 April, four migrants were killed in the Al-Nasr detention facility in al-Zawiya and approximately 20 injured in the aftermath of an apparent escape attempt. One guard was also injured. It is reported that conditions in the detention centre are inhumane, with severe overcrowding, shortages of food and other basic necessities, and no access to medical care.

An attack on the press occurred on 3 April in Tripoli when armed groups used heavy weapons to attack the building of the al-Naba television channel. The building was seriously damaged.

The figures for civilian casualties set out above only include persons killed or injured in the course of hostilities and who were not directly participating in the hostilities. The figures do not include those casualties that are not a direct result of hostilities, for example executions after capture, torture or abductions, or casualties caused as an indirect consequence of hostilities. The figures are based on information UNSMIL has gathered and cross-checked from a broad range of sources in Libya, including human rights defenders, civil society, current and former officials, employees of local governments, community leaders and members, witnesses, others directly affected and media reports. In order to assess the credibility of information obtained, where possible, UNSMIL reviewed documentary information, including medical records, forensic reports and photographic evidence.

The figures are only those that UNSMIL was able to document in the reporting period. They are not likely to be complete and may change as new information emerges about incidents involving civilian casualties that took place during this period.

Similarly, while UNSMIL has systematically tried to ensure that the cases it documented are based on credible information, further verification would be required to attain a higher standard of proof. Due to the security situation, UNSMIL has not been able to carry out direct site visits in Libya to obtain information. Disruption in communications especially in areas controlled by groups pledging allegiance to ISIL and fear of reprisals against sources further hamper information gathering.

While not all actions leading to civilian casualties breach international humanitarian law, UNSMIL reminds all parties to the conflict that they are under an obligation to target only military objectives. Direct attacks on civilians as well as indiscriminate attacks – which do not distinguish between civilians and fighters – are prohibited. Attacks that are expected to cause incidental loss of civilian life, injury to civilians and damage to civilian objects excessive to the anticipated concrete and direct military advantage are also prohibited. Such attacks amount to war crimes that can be prosecuted by the International Criminal Court.

In order to ensure greater protection of the civilian population and essential infrastructure, all parties engaged in fighting in Libya must cease the use of mortars and other indirect weapons and imprecise aerial bombardments in civilian-populated areas, and not place fighters or other military objectives in populated areas. All executions of captives must cease and all those captured including fighters must be treated humanely in all circumstances. Murdering or torturing captives is also a war crime, regardless of what the captive may be accused of.