Libya

15 January 2020
Risk Level: Serious Concern
At least 287 civilians have been killed and over 150,000 displaced since 4 April 2019
Civilians in Libya face possible war crimes as a result of ongoing fighting between rival armed groups and competing governmental authorities.

 

Background

On 4 April 2019 Field Marshal Khalifa Haftar ordered his self-proclaimed Libyan National Army (LNA) to launch an offensive against the UN-backed Government of National Accord (GNA) based in Tripoli. Since April fighting has taken place in heavily populated areas of Tripoli, resulting in over 150,000 people being displaced and the death of more than 287 civilians. The UN Support Mission in Libya (UNSMIL) also reported more than 58 attacks on healthcare facilities between April and November.

Fighting in Tripoli further intensified on 12 December after Haftar announced a final offensive to take the city. Intensified airstrikes have resulted in attacks on schools, medical facilities and other civilian infrastructure. On 5 January Turkey announced that it had established an agreement with the GNA and was deploying troops to Libya. However, on 8 January Turkey and Russia, which supports the LNA, jointly called for a ceasefire.

The current political crisis has its origins in the 2011 overthrow of the Libyan government by various rebel forces. Despite the 2015 signing of the Libyan Political Agreement, which lead to the creation of the GNA, Haftar and the LNA continue to contest its legitimacy and aim to militarily seize control of the country.

Various armed militias also continue to commit extrajudicial killings, torture and abductions and have indiscriminately attacked civilian areas. The December 2019 report of the UN Panel of Experts on Libya detailed blatant violations of the UN arms embargo, highlighting that both sides of the conflict have received weapons, technical support or mercenaries from Chad, Jordan, Sudan, Turkey and the United Arab Emirates.

Armed militias in Libya also facilitate human trafficking and the enslavement of migrants and asylum seekers attempting to cross the Mediterranean Sea to Europe. As of September 2019 the International Organization for Migration estimated that more than 655,000 migrants and asylum seekers were in detention centers in Libya, where many are subject to a range of abuses, including sexual violence.

Analysis

Since 2011 various transitional governing bodies have failed to restore peace and stability to the country, and the UN-facilitated peace process has faced continual obstacles and delays. While the conflict has been presented as a battle between secular, moderate forces and their extremist Islamist rivals, in reality it is dominated by shifting personal, tribal and regional enmities and alliances.

Armed groups on all sides have violated International Humanitarian Law (IHL) and International Human Rights Law. UNSMIL has said that some LNA airstrikes may amount to war crimes. There is also evidence that competing regional and international powers, including permanent members of the UN Security Council (UNSC), have provided arms and support to parties to the conflict, despite a UN-mandated arms embargo.

The GNA needs sustained international assistance in order to end armed conflict, establish the rule of law and uphold its responsibility to protect.

International Response

On 26 February 2011 the UNSC passed Resolution 1970, calling upon the former Libyan government to cease attacks on civilians and uphold its responsibility to protect. Resolution 1973 of 17 March 2011 called upon UN member states to take “all necessary measures” to protect civilians and led to an international military intervention. Libyan rebel forces overthrew the government and murdered the former dictator, Muammar al-Qaddafi, in October 2011. Following the end of Libya’s 2011 civil war, international engagement to assist in rebuilding government institutions waned.

On 15 August 2017 the International Criminal Court issued an arrest warrant for Major Mahmoud Mustafa Busayf al-Werfalli of the LNA for alleged war crimes committed during 2016 and 2017.

On 7 June 2018 the UNSC imposed targeted sanctions on six individuals accused of people smuggling in Libya. On 10 June 2019 the UNSC adopted Resolution 2473, renewing the arms embargo for one year.

Necessary Action

The UNSC should impose targeted sanctions against all individuals and forces who actively seek to subvert the peace process, including Haftar and the LNA. All armed groups need to uphold their obligations under IHL and immediately cease military operations in heavily populated areas. All UN member states need to act in accordance with the arms embargo.

All those responsible for mass atrocities in Libya, both past and present, should be held accountable for their crimes.

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