From Afropedia.world
Recommendations
To the Libyan Authorities
- Investigate and prosecute, in accordance with international fair trial standards, the individuals credibly implicated in the killing in custody of members of the convoy of Gaddafi loyalists who tried to flee Sirte on October 20, 2011—including those liable under the concept of command responsibility for their failure to prevent or prosecute these crimes.
- Ensure that the commission of inquiry established by the National Transitional Council (NTC) to conduct a criminal investigation into all possible crimes committed in Sirte on and around October 20, 2011, actually starts its investigations and is afforded all possible cooperation by the Misrata authorities, particularly when calling in witnesses.
- Ensure that Misrata’s chief prosecutor proactively coordinates between the forensics experts responsible for issuing the autopsy reports, the police agencies charged with gathering evidence, and other government institutions to accelerate the pace of investigation.
- Identify and adequately protect from intimidation, threats, or violence, witnesses and survivors and their families who have information about the crimes documented in this report.
- Securely preserve all evidence that could shed light on the crimes documented in this report, including video footage and photographic images, and ensure access to the crime scenes for the investigative authorities.
- State publicly that crimes committed by militias associated with the NTC will not be tolerated, and that such crimes will be investigated and punished, up to the highest level.
- Put into place a strict yet transparent vetting process for all those to be newly incorporated into any formal national security force, whether under the authority of the Ministry of Defense, Interior or Justice, and render ineligible anybody accused of committing serious crimes.
- Amend Law 38 of 2012, On Some Procedures for the Transitional Period, which gives an amnesty for “military, security, or civil actions dictated by the February 17 Revolution that were performed by revolutionaries with the goal of promoting or protecting the revolution.” International law prohibits amnesty for serious nternational crimes such as war crimes and crimes against humanity and all cases of torture.
To the International Community
- Demand accountability for the killings in custody of persons captured from the Gaddafi convoy, and support Libyan efforts to bring the perpetrators of these crimes to justice.
- Provide the Libyan authorities with any support required to investigate and prosecute these crimes, and share any intelligence and surveillance information collected by NATO or its members that may contribute to the investigation and prosecution of these crimes.
To the Prosecutor of the International Criminal Court (ICC)
As part of ongoing UN Security Council-mandated jurisdiction over serious crimes committed by all sides to the conflict in Libya, the ICC prosecutor should:
- Inform the Libyan authorities of their obligation to investigate and, where appropriate, prosecute allegations of war crimes committed by all sides to the conflict in Libya, including the crimes documented in this report in which members of anti-Gaddafi militia are implicated.
- Underscore concern about Libya's apparent unwillingness to address serious crimes committed by all sides, pointing out that the abuses may fall within the ICC’s jurisdiction.
- Examine the crimes currently exempted from prosecution by laws recently passed in Libya, and if appropriate, investigate any that fall within the jurisdiction of the ICC.
- Monitor any domestic efforts to prosecute serious crimes with a view towards determining whether to open an investigation into those that fall within ICC jurisdiction, should Libyan efforts to demonstrate a lack of will or capacity to hold the perpetrators accountable.
