Friday, February 25, 2011

Criminal Responsibility for the Attacks on Civilians in Libya

The United Nations human rights chief today urged action to help end the violence in Libya and to hold perpetrators of atrocities accountable, saying that the crackdown on protesters is escalating.   “More needs to be done. I encourage all international actors to take necessary measures to stop the bloodshed,” Navi Pillay told a special session of the Human Rights Council in Geneva.

“Although reports are still patchy and hard to verify, one thing is painfully clear: in brazen and continuing breach of international law, the crackdown in Libya of peaceful demonstrations is escalating alarmingly with reported mass killings, arbitrary arrests, detention and torture of protestors,” she stated.   The High Commissioner for Human Rights said that tanks, helicopters and military aircraft have reportedly been used indiscriminately to attack the protestors, and that, according to some sources, thousands may have been killed or injured.   “The Libyan leader must stop the violence now,” Ms. Pillay stressed, pointing out that Libya is a member of the Human Rights Council and pledged to respect human rights, and is also a State party to various international human rights treaties.

She also recalled that under international law, “any official, at any level, ordering or carrying out atrocities and attacks can be held criminally accountable and that widespread and systematic attacks against the civilian population may amount to crimes against humanity.”

A statement delivered on behalf of all of the Council’s independent human rights experts endorsed the High Commissioner’s call for an international inquiry into the violence, stressing that the international community should “act without delay” to protect civilians from serious human rights violations.

Witnesses in and out of Libya consistently describe horrifying scenes, Ms. Pillay told delegates. Libyan forces are firing at protestors and bystanders, sealing off neighbourhoods and shooting from rooftops. They also block ambulances so that the injured and dead are left on the streets.  Reports from hospitals indicate that most of the victims have been shot in the head, chest or neck, suggesting arbitrary and summary executions, she said. Doctors relate that they are struggling to cope and are running out of blood supplies and medicines to treat the wounded.  “Images of unverifiable origin appear to portray the digging of mass graves in Tripoli,” she added. 

According to several accounts, killings have also been carried out by foreign fighters who were and reportedly continue to be brought into the country and equipped with small arms and light weapons by the Government to suppress the protests.  In this connection, the High Commissioner’s Office has received reports that some Libyans are turning on refugees and migrants from other African countries, suspecting them of being mercenaries fighting for the Libyan Government. Ms. Pillay stressed that the safety of all foreign nationals be ensured and that the freedom of movement of those wishing to leave the country be fully respected and protected.

“Libyan authorities must allow the safe passage of humanitarian and medical supplies and humanitarian workers into the country. They must also ensure that the legitimate demands of the protestors are addressed and the fundamental human rights of the population are fully respected and promoted,” she said.  Ms. Pillay also voiced her concern for the safety and well-being of refugees crossing into neighbouring countries, particularly Tunisia, Egypt, Italy and Malta, and urged Libya’s neighbours to open their borders and ensure that refugees fleeing the violence are welcomed and treated humanely.

The UN High Commissioner for Refugees (UNHCR) today commended the “humanitarian spirit” shown by the Tunisian and Egyptian Governments in welcoming and caring for people fleeing Libya.

“We call upon the international community to provide substantial humanitarian support for these two countries,” Melissa Fleming, UNHCR’s spokesperson in Geneva, told reporters. She added that the agency is concerned that Libyans farther away from the border areas and in the capital, Tripoli, are being prevented from fleeing.

The Tunisian Government has declared that its borders are open for all nationalities attempting to flee the ongoing violence in Libya, and reported that some 22,000 people have fled the violence in Libya and crossed over into Tunisia.

The Egyptian Government has told UNHCR that Libyans are welcome and that it is ready to care for all injured and sick people who need to cross the border. A UNHCR team is starting work at the Egyptian border today.

(From a UN Press Release)

http://lawprofessors.typepad.com/international_law/2011/02/criminal-responsibility-for-the-attacks-on-civilians-in-libya.html

| Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341bfae553ef014e5f75b01f970c

Listed below are links to weblogs that reference Criminal Responsibility for the Attacks on Civilians in Libya:

Comments

Post a comment