Report of the Independent Civil Society Fact-Finding Mission to Libya

[Independent Civil Society Fact-Finding Mission organizations. Image from pchrgaza.org] [Independent Civil Society Fact-Finding Mission organizations. Image from pchrgaza.org]

Report of the Independent Civil Society Fact-Finding Mission to Libya

By : Jadaliyya Reports

 [The following is the latest from the Palestinian Centre for Human Rights on Libya.]

Report of the Independent Civil Society Fact-Finding Mission to Libya

Introduction

The Independent Civil Society Mission to Libya was established by the Arab Organization for Human Rights (AOHR), in cooperation with the Palestinian Centre for Human Rights (PCHR), who provided additional expertise and professional experience. The International Legal Assistance Consortium (ILAC) subsequently joined the mission, providing further international expertise and insight. The Mission was established in response to allegations of widespread violations of international law committed in Libya since 15 February 2011 and in light of the State’s current transition away from authoritarian rule.

The Mission was established with specific terms of reference:

1. To investigate alleged violations of international law committed by:
    a. The former Government of Libya;
    b. The North Atlantic Treaty Organization (NATO), i.e. third States engaged in hostilities in Libya pursuant              to Security Council Resolution 1973; and
     c. Former Lybian opposition forces.

2. To identify human rights-related issues necessitating the attention of Libyan authorities and/or the international community.

The Mission visited Libya from 15 to 22 November 2011. It conducted on-site interviews and investigations in western Libya, inter alia, in and around Tripoli, Zawiya, Sibrata, Khoms, Zliten, Misrata, Tawergha, and Sirte.

Findings and Observations of the Fact-Finding Mission

The Mission’s investigation in Libya revealed significant evidence concerning possible violations of international law. Due to a number of constraints documented in the Report, the Mission was unable to reach definitive legal conclusions regarding individual incidents. However, from its observations potential violations of international law may include war crimes and possibly crimes against humanity.

The Former Government of Libya

With respect to potential violations of international law committed by the former Government of Libya, the Mission identified a number of issues demanding effective investigation. These included: the use of excessive force against demonstrators; mass arbitrary arrests; the armed forces’ conduct of hostilities; the use of human shields; allegations of rape and sexual violence; torture; and cruel, inhuman or degrading treatment. Such incidents may amount to war crimes and possibly crimes against humanity.

The Former Opposition Forces

With respect to the former opposition forces, the Mission identified a number of issues demanding effective investigation: These included: the killing of persons hors de combat; torture; cruel, inhuman or degrading treatment; abuses in detention; mistreatment of suspected mercenaries; and the forcible displacement of suspected "enemies of the Revolution", particularly in Tawergha. Such incidents raise concerns regarding the commission of war crimes and possibly crimes against humanity

NATO

With respect to third States engaged in hostilities under NATO command, the Mission believes that the criteria and procedures used to classify civilian objects as military objectsin particular attacks on schools, colleges, and food distribution centresraise concerns and necessitate further investigation. The Mission also received evidence concerning a 15 September 2011 incident in Sirte, which reportedly resulted in the deaths of approximately forty-seven civilians. This incident raises significant questions that should be addressed in an open and transparent manner.

Conclusions

The Mission emphasizes that all potential international crimes, as detailed in Section 5 of the Report, necessitate effective investigation, including, where appropriate, the prosecution of those responsible. The Mission shares the view of other commentators, such as the International Committee of the Red Cross, that the duty to effectively investigate such allegations arises from customary international law.

The primary obligation to conduct effective investigations falls upon the Libyan authorities. However, should the Libyan authorities prove unwilling or unable to conduct the necessary investigations and prosecutions, the interests of justice demand that recourse be had to mechanisms of international justice.

The Mission is particularly concerned by potential ongoing abuses in detention, the treatment of suspected mercenaries, and the forced displacement and related mistreatment of perceived Qaddafi loyalists. The Mission believes that the forcible displacement of perceived loyalists, as evidenced by the situation with respect to Tawergha, may amount to a violation of international law. The Mission urges the National Transitional Council and associated forces to immediately act to halt ongoing violations and to investigate all past abuses to ensure compliance with international law.

The Mission is struck by the statement of a senior military commander in Tripoli who said, “What I fear most now are the revolutionaries themselves.” After significant sacrifice, Libya is emerging from forty-two years of authoritarian rule and governance characterised by injustice, the denial of fundamental human rights, and impunity.

The Mission firmly believes that the process of building a new Libya must be firmly grounded in the core principles of human rights, democracy, and the rule of law. In this regard, accountability is key; all those suspected of violating international and domestic law must be investigated and, where appropriate, prosecuted. The rule of law, and respect for human rights, must be re-established. Public scrutiny andpublic awareness are essential components of this process. The maxim that “justice must not only be done, it must also be seen to be done” is particularly relevant to Libya’s transition.

Recommendations

To the Libyan Authorities

The following recommendations are submitted to the Libyan authorities:

  • To effectively investigate all potential violations of international law, including those presented in this Report, in compliance with international standards;
  • To immediately address the situation in Tawergha and other loyalist towns;
  • To eradicate arbitrary detention and ensure that all detainees are brought before a judge and given the opportunity to challenge the legality of their detention;
  • To investigate, and address, any mistreatment of suspected mercenaries;
  • To order a review of detention standards and practices;
  • To ensure that all detention centres fall under governmental control;
  • To promote the training of detention centre personnel;
  • To ensure that international standards relating to detention are adhered to, and enforced;
  • To promote and conduct training in international law, including international human rights law, for lawyers and members of the judiciary;
  • To invest in the Libyan judicial system, including training for clerks and court reporters;
  • To incorporate international human rights law instruments into Libya’s domestic legal system;
  • To accede to the Rome Statute of the International Criminal Court.


To the United Nations

The following recommendations are submitted to the United Nations:

  • To immediately begin implementation of its mandate, through the United Nations Support Mission in Libya (UNSMIL), as set forth in §12 of Security Council Resolution 2009, including the:
    • promotion of the rule of law;
    • promotion and protection of human rights, particularly for those belonging to vulnerable groups; and 
    • support for transitional justice.
  • As part of this process, to provide training, support, and other assistance to Libyan authorities and civil society to implement the goals set forth in the preceding paragraph.

To the Member States of the International Community

The following recommendations are submitted to the international community:

  • To provide training, support, and other assistance to Libyan authorities and civil society to implement the goals set forth above; 
  • As in set forth in §12(f) of Security Council Resolution 2009, to work with Libyan authorities and civil society, and other international actors to coordinate such assistance;
  • To avoid competition among international actors concerning such assistance; and
  • To investigate in an open and transparent manner the actions by third states engaged in hostilities pursuant to Security Council Resolution 1973.


[Click
here to read the full International Civil Society Fact-Finding Mission to Libya.]

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Past is Present: Settler Colonialism Matters!

On 5-6 March 2011, the Palestine Society at the School of Oriental and African Studies (SOAS) in London will hold its seventh annual conference, "Past is Present: Settler Colonialism in Palestine." This year`s conference aims to understand Zionism as a settler colonial project which has, for more than a century, subjected Palestine and Palestinians to a structural and violent form of destruction, dispossession, land appropriation and erasure in the pursuit of a new Jewish Israeli society. By organizing this conference, we hope to reclaim and revive the settler colonial paradigm and to outline its potential to inform and guide political strategy and mobilization.

The Israeli-Palestinian conflict is often described as unique and exceptional with little resemblance to other historical or ongoing colonial conflicts. Yet, for Zionism, like other settler colonial projects such as the British colonization of Ireland or European settlement of North America, South Africa or Australia, the imperative is to control the land and its resources -- and to displace the original inhabitants. Indeed, as conference keynote speaker Patrick Wolfe, one of the foremost scholars on settler colonialism and professor at La Trobe University in Victoria, Australia, argues, "the logic of this project, a sustained institutional tendency to eliminate the Indigenous population, informs a range of historical practices that might otherwise appear distinct--invasion is a structure not an event."[i]

Therefore, the classification of the Zionist movement as a settler colonial project, and the Israeli state as its manifestation, is not merely intended as a statement on the historical origins of Israel, nor as a rhetorical or polemical device. Rather, the aim is to highlight Zionism`s structural continuities and the ideology which informs Israeli policies and practices in Palestine and toward Palestinians everywhere. Thus, the Nakba -- whether viewed as a spontaneous, violent episode in war, or the implementation of a preconceived master plan -- should be understood as both the precondition for the creation of Israel and the logical outcome of Zionist settlement in Palestine.

Moreover, it is this same logic that sustains the continuation of the Nakba today. As remarked by Benny Morris, “had he [David Ben Gurion] carried out full expulsion--rather than partial--he would have stabilised the State of Israel for generations.”[ii] Yet, plagued by an “instability”--defined by the very existence of the Palestinian nation--Israel continues its daily state practices in its quest to fulfill Zionism’s logic to maximize the amount of land under its control with the minimum number of Palestinians on it. These practices take a painful array of manifestations: aerial and maritime bombardment, massacre and invasion, house demolitions, land theft, identity card confiscation, racist laws and loyalty tests, the wall, the siege on Gaza, cultural appropriation, and the dependence on willing (or unwilling) native collaboration and security arrangements, all with the continued support and backing of imperial power. 

Despite these enduring practices however, the settler colonial paradigm has largely fallen into disuse. As a paradigm, it once served as a primary ideological and political framework for all Palestinian political factions and trends, and informed the intellectual work of committed academics and revolutionary scholars, both Palestinians and Jews.

The conference thus asks where and why the settler colonial paradigm was lost, both in scholarship on Palestine and in politics; how do current analyses and theoretical trends that have arisen in its place address present and historical realities? While acknowledging the creativity of these new interpretations, we must nonetheless ask: when exactly did Palestinian natives find themselves in a "post-colonial" condition? When did the ongoing struggle over land become a "post-conflict" situation? When did Israel become a "post-Zionist" society? And when did the fortification of Palestinian ghettos and reservations become "state-building"?

In outlining settler colonialism as a central paradigm from which to understand Palestine, this conference re-invigorates it as a tool by which to analyze the present situation. In doing so, it contests solutions which accommodate Zionism, and more significantly, builds settler colonialism as a political analysis that can embolden and inform a strategy of active, mutual, and principled Palestinian alignment with the Arab struggle for self-determination, and indigenous struggles in the US, Latin America, Oceania, and elsewhere.

Such an alignment would expand the tools available to Palestinians and their solidarity movement, and reconnect the struggle to its own history of anti-colonial internationalism. At its core, this internationalism asserts that the Palestinian struggle against Zionist settler colonialism can only be won when it is embedded within, and empowered by, the broader Arab movement for emancipation and the indigenous, anti-racist and anti-colonial movement--from Arizona to Auckland.

SOAS Palestine Society invites everyone to join us at what promises to be a significant intervention in Palestine activism and scholarship.

For over 30 years, SOAS Palestine Society has heightened awareness and understanding of the Palestinian people, their rights, culture, and struggle for self-determination, amongst students, faculty, staff, and the broader public. SOAS Palestine society aims to continuously push the frontiers of discourse in an effort to make provocative arguments and to stimulate debate and organizing for justice in Palestine through relevant conferences, and events ranging from the intellectual and political impact of Edward Said`s life and work (2004), international law and the Palestine question (2005), the economy of Palestine and its occupation (2006), the one state (2007), 60 Years of Nakba, 60 Years of Resistance (2009), and most recently, the Left in Palestine (2010).

For more information on the SOAS Palestine Society 7th annual conference, Past is Present: Settler Colonialism in Palestine: www.soaspalsoc.org

SOAS Palestine Society Organizing Collective is a group of committed students that has undertaken to organize annual academic conferences on Palestine since 2003.

 


[i] Patrick Wolfe, Settler Colonialism and the Transformation of Anthropology: The Politics and Poetics of an Ethnographic Event, Cassell, London, p. 163

[ii] Interview with Benny Morris, Survival of the Fittest, Haaretz, 9. January 2004, http://cosmos.ucc.ie/cs1064/jabowen/IPSC/php/art.php?aid=5412