07.03.12 - ICC/LIBYA - ICC/LIBYA - BOTH SIDES COMMITTED CRIMES IN LIBYA, CLAIMS UN REPORT

The Hague, March 7, 2012 (FH) - Gaddafi forces committed crimes against humanity and crimes of war, whereas Misrata rebels are responsible of "serious violations, including war crimes and breaches of international human rights law, the latter continuing at the time of the present report", reads a report of the International Commission of Inquiry in Libya released on March 2.

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The report is expected to be presented on March 9 before the Human Rights Council in Geneva.

About the killing of Muammar Gaddafi on October 20, 2011, the Commission noted that it was not provided access to the autopsy report, thus stated that it was unable "to confirm the death of Muammar Gaddafi as un unlawful killing and considers that further investigation is needed".

The report estimates that NATO conducted "a highly precise campaign with a demonstrable determination to avoid civilian casualties". However, after studying 20 raids out of a total of 17,339, the Commission concluded that 60 civilians were killed and 55 injured while "certain targets showed no evidence of military utility".

According to the Commission, the new authorities are making progress in restoring the judicial system, by reopening courts and recalling judges. However, it expresses concerns about the "failure to hold accountable thuwars committing serious violations".

In conclusion, the document states that to improve the Human rights situation in Libya, the government will need support from the United Nations and the international community.

ICC Prosecutor Luis Moreno Ocampo is expected to visit Libya in April before deciding what should be his next step regarding the death of Gaddafi and NATO casualties. He should announce his strategy before the UN Security Council in May.

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