Le Monde reports: Nine months have passed but the rubble has yet to be removed. Bombed by NATO last August, the house of the Gafez family in Majer, a town about 150 kilometers east of Tripoli, still looks like a shriveled soufflé. Fourteen people died in the explosion. Twenty others died a few minutes later when bombs struck the farm of the neighbors, the Jaroods. Men, women and children, struck dead in the middle of a Ramadan evening.
What about clearing away the debris? Rebuilding? Haj Ali, the patriarch of the Gafez family never considered it. There are questions of money and of health, but also of honor, says the friendly mustachioed man. That’s because NATO doesn’t want to hear about the martyrs of Majer. The military alliance continues to insist that the bombs dropped on Aug. 8 were aimed at “legitimate military targets.”
International human rights organizations disagree. New York-based Human Rights Watch (HRW) published a well-documented report this week citing numerous errors NATO committed during its 2011 Libya campaign. According to the authors, the seven months of bombings that led to the fall of the Muammar Gaddafi regime caused the death of 72 civilians. The “relatively low” toll “shows that NATO acted with caution” all along the operation, the report states. This said, HRW laments that the military organization did not recognize its faults, did not open any probes, and did not pay any compensation to the victims of its firepower.
As an act of protest, the surviving members of the Gafez family have transformed the ruins of their house into a memorial museum. Visitors are greeted by a furious message painted on the front gate: “Is that human rights?” The words are in reference to the principle of “protecting the civilians” that French Foreign Minister Alain Juppé invoked when lobbying the U.N. Security Council to support the NATO bombing campaign. [Continue reading...]
Human Rights Watch: The North Atlantic Treaty Organization (NATO) has failed to acknowledge dozens of civilian casualties from air strikes during its 2011 Libya campaign, and has not investigated possible unlawful attacks, Human Rights Watch said in a report released today.
The 76-page report, “Unacknowledged Deaths: Civilian Casualties in NATO’s Air Campaign in Libya,” examines in detail eight NATO air strikes in Libya that resulted in 72 civilian deaths, including 20 women and 24 children. It is based on one or more field investigations to each of the bombing sites during and after the conflict, including interviews with witnesses and local residents.
“NATO took important steps to minimize civilian casualties during the Libya campaign, but information and investigations are needed to explain why 72 civilians died,” said Fred Abrahams, special adviser at Human Rights Watch and principal author of the report. “Attacks are allowed only on military targets, and serious questions remain in some incidents about what exactly NATO forces were striking.”
NATO’s military campaign in Libya, from March to October 2011, was mandated by the United Nations Security Council to protect civilians from attacks by security forces of then-Libyan leader Muammar Gaddafi.
The number of civilian deaths from NATO air strikes in Libya was low given the extent of the bombing and duration of the campaign, Human Rights Watch said. Nevertheless, the absence of a clear military target at seven of the eight sites Human Rights Watch visited raises concerns of possible laws-of-war violations that should be investigated.
Human Rights Watch called on NATO to investigate all potentially unlawful attacks and to report its findings to the UN Security Council, which authorized the military intervention in Libya.
NATO should also address civilian casualties from its air strikes in Libya at the NATO heads of state summit, taking place in Chicago on May 20 and 21, Human Rights Watch said.
The Human Rights Watch report is the most extensive examination to date of civilian casualties caused by NATO’s air campaign. It looks at all sites known to Human Rights Watch in which NATO strikes killed civilians. Strikes that resulted in no civilian fatalities – though civilians were wounded or property destroyed – were not included.
The most serious incident occurred in the village of Majer, 160 kilometers east of Tripoli, the capital, on August 8, 2011, when NATO air strikes on two family compounds killed 34 civilians and wounded more than 30, Human Rights Watch said. Dozens of displaced people were staying in one of the compounds.
A second strike outside one of the compounds killed and wounded civilians who witnesses said were searching for victims. The infrared system used by the bomb deployed should have indicated to the pilot the presence of many people on the ground. If the pilot was unable to determine that those people were combatants, then the strike should have been canceled or diverted.
Under the laws of war, parties to a conflict may only direct attacks at military targets and must take all feasible precautions to minimize harm to civilians. While civilian casualties do not necessarily mean there has been a violation of the laws of war, governments are obligated to investigate allegations of serious violations and compensate victims of unlawful attacks.
Human Rights Watch said NATO should also consider a program to provide payments to civilian victims of NATO attacks without regard to wrongdoing, as NATO has done in Afghanistan.
At seven sites documented in the report, Human Rights Watch uncovered no – or only possible – indication that Libyan military forces, weapons, hardware, or communications equipment had been present at the time of the attack. The circumstances raise serious questions about whether the buildings struck – all residential – were valid military targets. At the eighth site, at which three women and four children died, the target may have been a Libyan military officer.
NATO officials told Human Rights Watch that all of its targets were military objectives, and thus legitimate targets. But it has not provided specific information to support those claims, mostly saying a targeted site was a “command and control node” or “military staging ground.”
NATO said the Majer compounds were a “staging base and military accommodation” for Gaddafi forces, but it has not provided specific information to support that claim. During four visits to Majer, including one the day after the attack, the only possible evidence of a military presence found by Human Rights Watch was a single military-style shirt – common clothing for many Libyans – in the rubble of one of the three destroyed houses.
Family members and neighbors in Majer independently said there had been no military personnel or activity at the compounds before or at the time of the attack.
“I’m wondering why they did this; why just our houses?” said Muammar al-Jarud, who lost his mother, sister, wife, and 8-month-old daughter. “We’d accept it if we had tanks or military vehicles around, but we were completely civilians, and you can’t just hit civilians.”
To research the eight incidents, Human Rights Watch visited the sites, in some cases multiple times, inspected weapons debris, interviewed witnesses, examined medical reports and death certificates, reviewed satellite imagery, and collected photographs of the wounded and dead. Detailed questions were submitted to NATO and its member states that participated in the campaign, including in an August 2011 meeting with senior NATO officials involved in targeting.
NATO derived its mandate from UN Security Council Resolution 1973, which authorized the use of force to protect civilians in Libya. The relatively few civilian casualties during the seven-month campaign attests to the care NATO took in minimizing civilian harm, Human Rights Watch said.
Countries such as Russia that have made grossly exaggerated claims of civilian deaths from NATO air strikes during the Libyan campaign have done so without basis, Human Rights Watch said.
“The countries that have criticized NATO for so-called massive civilian casualties in Libya are trying to score political points rather than protect civilians,” Abrahams said.
NATO asserts that it cannot conduct post-operation investigations into civilian casualties in Libya because it has no mandate to operate on the ground. But NATO has not requested permission from Libya’s transitional government to look into the incidents of civilian deaths and should promptly do so, Human Rights Watch said.
“The overall care NATO took in the campaign is undermined by its refusal to examine the dozens of civilian deaths,” Abrahams said. “This is needed to provide compensation for victims of wrongful attacks, and to learn from mistakes and minimize civilian casualties in future wars.”
Joshua Hammer writes: Inas Fathy’s transformation into a secret agent for the rebels began weeks before the first shots were fired in the Libyan uprising that erupted in February 2011. Inspired by the revolution in neighboring Tunisia, she clandestinely distributed anti-Qaddafi leaflets in Souq al-Juma, a working-class neighborhood of Tripoli. Then her resistance to the regime escalated. “I wanted to see that dog, Qaddafi, go down in defeat.”
A 26-year-old freelance computer engineer, Fathy took heart from the missiles that fell almost daily on Col. Muammar el-Qaddafi’s strongholds in Tripoli beginning March 19. Army barracks, TV stations, communications towers and Qaddafi’s residential compound were pulverized by NATO bombs. Her house soon became a collection point for the Libyan version of meals-ready-to-eat, cooked by neighborhood women for fighters in both the western mountains and the city of Misrata. Kitchens across the neighborhood were requisitioned to prepare a nutritious provision, made from barley flour and vegetables, that could withstand high temperatures without spoiling. “You just add water and oil and eat it,” Fathy told me. “We made about 6,000 pounds of it.”
Fathy’s house, located atop a hill, was surrounded by public buildings that Qaddafi’s forces often used. She took photographs from her roof and persuaded a friend who worked for an information-technology company to provide detailed maps of the area; on those maps, Fathy indicated buildings where she had observed concentrations of military vehicles, weapons depots and troops. She dispatched the maps by courier to rebels based in Tunisia.
On a sultry July evening, the first night of Ramadan, Qaddafi’s security forces came for her. They had been watching her, it turned out, for months. “This is the one who was on the roof,” one of them said, before dragging her into a car. The abductors shoved her into a dingy basement at the home of a military intelligence officer, where they scrolled through the numbers and messages on her cellphone. Her tormentors slapped and punched her, and threatened to rape her. “How many rats are working with you?” demanded the boss, who, like Fathy, was a member of the Warfalla tribe, Libya’s largest. He seemed to regard the fact that she was working against Qaddafi as a personal affront.
The men then pulled out a tape recorder and played back her voice. “They had recorded one of my calls, when I was telling a friend that Seif al-Islam [one of Qaddafi’s sons] was in the neighborhood,” recalls Fathy. “They had eavesdropped, and now they made me listen to it.” One of them handed her a bowl of gruel. “This,” he informed her, “will be your last meal.” [Continue reading...]
The New York Times reports: NATO has not sufficiently investigated the air raids it conducted on Libya that killed at least 60 civilians and wounded 55 more during the conflict there, according to a new United Nations report released Friday.
Nor has Libya’s interim government done enough to halt the disturbing violence perpetrated by revolutionary militias seeking to exact revenge on loyalists, real or perceived, to the government of Col. Muammar el-Qaddafi, the report concluded.
Published without publicity on the Web site of the United Nations Human Rights Council, based in Geneva, the report details the results of an investigation by a three-member commission of distinguished jurists. It paints a generally gloomy picture of the level of respect for human rights and international law in Libya, while acknowledging that the problem is a legacy of the long years of violent repression under Colonel Qaddafi.
NATO air raids that killed civilians in Libya have been criticized by rights groups, and the alliance’s refusal to acknowledge or investigate some of the deaths has been the subject of earlier news reports, including an extensive account in The New York Times last December. The new report represents the first time that NATO’s actions in Libya have been criticized under the auspices of the United Nations, where the bombing campaign in the name of protecting civilians from Colonel Qaddafi’s forces was authorized by the Security Council.
The report concluded that Colonel Qaddafi’s forces had perpetuated war crimes and crimes against humanity, including murder, torture and attacks on civilians using excessive force and rape.
But the armed anti-Qaddafi militia forces in Libya also “committed serious violations,” including war crimes and breaches of international rights law that continue today, the 220-page report said.
Tony Karon writes: “I fear this looks like a civil war”, one Libyan rebel commander from Misrata told the Associated Press, in the wake of a fierce firefight between rival militia factions using heavy weapons in broad daylight in Tripoli on Tuesday. Four fighters were reportedly killed and five wounded in the clash ignited by the attempts of a Misrata-based militia to free a comrade detained by the Tripoli Military Council on suspicion of theft. But such clashes have become increasingly common in the Libyan capital over the past two months, as rival militias stake out turf in the power vacuum caused by the collapse of the Gaddafi regime. And while leaders on both sides of Tuesday’s clash were eventually able to broker a cease-fire, the deep fissures of tribe, region, ideology and sometimes even neighborhood that divide rival armed groups persist —and there’s no sign yet of the emergence of a central political authority with the military muscle to enforce its writ.
The residents and militias of Tripoli have been trying for months to persuade the Misrata and Zintan fighters who stormed the capital to topple the regime to go back to their home towns, but those fighters are staying put—and are accused of harassing the locals. They see themselves as the ones who shouldered the greatest burden in the battle to drive out Gaddafi, and they are suspicious of edicts by the National Transitional Council (NTC), which they see as self-appointed interlopers from Benghazi (the NTC’s recognition by the West and Arab governments as Libya’s legitimate government notwithstanding). The fighters of Zintan and Misrata are in no hurry to subordinate themselves to a national army led by returned exiles and a government of which they’re wary; nor are they willing to accept the authority of the Tripoli Military Council headed by the Islamist Abdel Hakim Belhadj, despite his endorsement by the NTC. Mindful of the political power that flows from being armed and organized, and determined to leverage that into a greater share of power and resources for the regions and towns they claim to represent, the regional militias are in no rush to give up their control of prized political real estate. They’ve ignored the Dec. 20 deadline to leave Tripoli. And, when NTC-backed armed groups tangle with them, as happened with the New Year’s Eve arrest of some of their men, they’re willing to fight.
Human Rights Watch’s Fred Abrahams writes: The guards in the remote Libyan town of Zintan called their prisoner, Saif al-Islam Gaddafi, “our black box.” The second-oldest son of Muammar Gaddafi knew the secrets of Libya’s past, they said: Gaddafi’s deals with foreign governments and companies, the whereabouts of still-missing prisoners, the details of crimes committed during the regime’s failed attempt to crush this year’s popular revolt. Saif al-Islam, 39, had to be protected so Libyans and the world could learn what had really taken place. And for the guards in Zintan, a town of 50,000 atop a desert mountain, keeping Libya’s most-wanted man safe from the sort of frenzied opposition fighters who had apparently executed Saif’s father and brother Mutassim also offered a chance to patch up the country’s reputation for justice after the Oct. 20 killing of Muammar Gaddafi.
As a special adviser for Human Rights Watch, I had arranged with the new Libyan government to interview Saif about the conditions of his detention after his arrest on Nov. 19 in the far south of his country. The International Committee of the Red Cross had visited four days into his detention, issuing a typically terse statement, and the public had not seen or heard from him since.
Saif entered the room draped in a large brown woolen cape with an embroidered fringe. He extended his left hand, keeping his right hand hidden beneath the cape. “Welcome to Zintan,” he said with an ironic smile, eliciting a chuckle from his captors and from me. The smile was bright. But Saif had lost the flair that I’d seen on television and heard about from those who had met him before. He had a scraggly beard and his once clean-shaven head was ringed by a horseshoe of graying hair. The setting was not what Libya’s heir-apparent would have been used to: a dimly lit room with a faded carpet and cushions along the edge. Two years ago he threw a lavish party for his 37th birthday on the coast of Montenegro; guests, reportedly, included Russian billionaire Oleg Deripaska and Prince Albert of Monaco.
Saif joked casually with the guards. “Ohhh, very good,” he said when they gave him his rimless glasses, which had been taken to Tripoli for repair. I thought his nonchalance suggested that he failed to grasp the gravity of his situation. Or maybe that’s how a person acts when born into a dictator’s family and is accustomed to solving all problems with orders or money.
Dan Ephron reports: Aisha Gaddafi, the daughter of the late Libyan dictator, is asking the International Criminal Court to investigate the killing of her father and her brother Mutassim by Libyan opposition forces in October, suggesting that the rebels, together with NATO forces, may be guilty of war crimes.
The petition raises legal questions about the nine-month insurgency that toppled Muammar Gaddafi and, indirectly at least, about the role American troops played as part of NATO.
But it has garnered attention for another reason as well: Aisha’s lawyer is from Israel, a country Muammar Gaddafi refused to recognize and often described as illegitimate.
Joshua Hammer writes: On November 20, the day after the capture of Seif Qaddafi, the second son and former heir apparent of Muammar Qaddafi, I set out from Tripoli for Libya’s Nafusa Mountains, to meet some of the former rebels who had tracked him down. I left the seaside capital just after dawn, followed the coastal road west, then turned inland. There were many signs of the recent civil war on the arid plain: craters formed by the impact of 122-millimeter Grad rockets, destroyed communications towers, crumpled armored vehicles struck by NATO bombs. Unexploded ordnance lay everywhere. My driver-translator, Wagde Bargig, said that “children have been killed playing” in the fields we passed.
Bargig comes from the town of Nalut in the Nafusa Mountains, the home of the Amazigh, or Berbers, a non-Arab tribe that was long oppressed by Muammar Qaddafi. Employed as a dental technician until the uprising began in late February, he had one week of weapons instruction from defecting government officers, then joined the fight against the dictatorship. “We chased out the army and the police, burned down government buildings, put up roadblocks, evacuated the women and children to Tunisia, and then held the town,” he told me. “Qaddafi’s forces bombarded us with Grad rockets, and many people were killed, but they couldn’t enter Nalut.” Afterward many Berbers, including Bargig, had taken part in the western offensive, fighting alongside Arab rebels from the Zintan Brigade—the rebel group from the town of Zintan that had just captured Seif Qaddafi—in a display of interethnic unity.
Now that the war was over, he told me, solidarity had begun to break up. One point of disagreement among the ex-fighters was how to deal with their prisoners, who number about seven thousand, according to a United Nations report published in November. Some former rebels were turning over captured soldiers to the National Transitional Council in Tripoli; others were jealously guarding them—or freeing them unilaterally, as the Berbers had. “In Nalut,” Bargig told me, “they released all three hundred soldiers, at Eid.” There had been a general amnesty but it had been unpopular: “People said, ‘They were shelling us, killing us, and you let them go back to their families.’” The inconsistent approaches typified the disorganization and fragmentation that plague postwar Libya. “Nobody’s in control,” he said.
The New York Times reports: NATO’s seven-month air campaign in Libya, hailed by the alliance and many Libyans for blunting a lethal crackdown by Col. Muammar el-Qaddafi and helping to push him from power, came with an unrecognized toll: scores of civilian casualties the alliance has long refused to acknowledge or investigate.
By NATO’s telling during the war, and in statements since sorties ended on Oct. 31, the alliance-led operation was nearly flawless — a model air war that used high technology, meticulous planning and restraint to protect civilians from Colonel Qaddafi’s troops, which was the alliance’s mandate.
“We have carried out this operation very carefully, without confirmed civilian casualties,” the secretary general of NATO, Anders Fogh Rasmussen, said in November.
But an on-the-ground examination by The New York Times of airstrike sites across Libya — including interviews with survivors, doctors and witnesses, and the collection of munitions remnants, medical reports, death certificates and photographs — found credible accounts of dozens of civilians killed by NATO in many distinct attacks. The victims, including at least 29 women or children, often had been asleep in homes when the ordnance hit.
In all, at least 40 civilians, and perhaps more than 70, were killed by NATO at these sites, available evidence suggests. While that total is not high compared with other conflicts in which Western powers have relied heavily on air power, and less than the exaggerated accounts circulated by the Qaddafi government, it is also not a complete accounting. Survivors and doctors working for the anti-Qaddafi interim authorities point to dozens more civilians wounded in these and other strikes, and they referred reporters to other sites where civilian casualties were suspected.
Two weeks after being provided a 27-page memorandum from The Times containing extensive details of nine separate attacks in which evidence indicated that allied planes had killed or wounded unintended victims, NATO modified its stance.
The New York Times reports: Tripoli is no longer the capital of a police state. But what it has become, in just a matter of weeks, can be both exhilarating and disturbing.
Hashish dealers are openly hawking their wares in the center of the city, Martyrs’ Square, known as Green Square before Col. Muammar el-Qaddafi was overthrown. Drivers run red lights without giving it a thought, while political demonstrations snarl traffic. Irregular militia members who have replaced the hated Tripoli police in many neighborhoods are still showing poor discipline with their weapons, firing them accidentally or into the air all too frequently.
Tripoli is a vibrant city of nearly two million people with a bustling port, and it is graced by Roman ruins and old fortification walls built by the Ottomans and other conquerors. But while it has gone through other abrupt changes over the centuries, what is happening these days was unthinkable only weeks ago when Colonel Qaddafi tried to control even the smallest details of daily life.
Tinted windows were prohibited on cars; now, drivers everywhere are pasting dark green tinted plastic on their windows to keep out the searing sun but also as a sign of their new liberty. Fruit and vegetable vendors were restricted from selling their wares on most streets; now, throngs of them are out selling bananas and oranges beneath highway overpasses and on the sides of traffic circles, helping them feed their families but also worsening congestion.
English was largely prohibited from public signs by Colonel Qaddafi. Now, English signs have sprung up almost everywhere around town, even though few Libyans understand what they say. The signs are another expression of liberation, as well as the country’s readiness to open itself to the outer world.
“Today, Tripoli Has a New Heartbeat,” says one billboard displaying two militiamen hugging, put up by the interim municipal government. Even much of the revolutionary graffiti, which is everywhere, is in English. “Libya Free” is the most common. Some even say “Thank you, NATO” for the Western military assistance that was crucial to overthrowing the old government.
And, of course, there are numerous freshly scrawled depictions of the late dictator in a clown outfit or as a caricatured head on top of the body of one kind of beast or another.
Most Tripoli residents say that they have never been happier, but there is still some trepidation.
Reuters reports: Caught exactly a month after his father met a violent end, Saif al-Islam Gaddafi is wanted by the International Criminal Court at The Hague on charges of crimes against humanity – specifically for allegedly ordering the killing of unarmed protesters last spring. Libya’s interim leaders want him to stand trial at home and say they won’t extradite him; the justice minister said he faces the death penalty.
His attempt to flee began on Oct. 19, under NATO fire from the tribal bastion of Bani Walid, 100 miles from the capital. [Ahmed] Ammar and his fellow fighters said they believed he had been hiding since then in the desolate tracts of the mountainous Brak al-Shati region.
Aides who were captured at Bani Walid said Saif al-Islam’s convoy had been hit by a NATO air strike in a place nearby called Wadi Zamzam – “Holy Water River”. Since then, there had been speculation that nomadic tribesmen once lionised by his father might have been working to spirit him across Libya’s southern borders – perhaps, like his surviving brothers, sister and mother, into Niger or Algeria.
He did not get that far. Obari is a good 200 miles from either. But his captors believe he was headed for Niger, once a beneficiary of Muammar Gaddafi’s oil-fueled largesse, which has granted asylum to Saif al-Islam’s brother Saadi.
Ammar said his unit, scouring the desert for weeks, received a tip-off that a small group of Gaddafi loyalists – they did not know who – would be heading on a certain route toward Obari. Lying in wait, they spotted two all-terrain vehicles grinding through the darkness.
“We fired in the air and into the ground in front of them,” Ammar said. The small convoy pulled up, perhaps hoping to brazen it out.
“Who are you?” Adeljwani Ali Ahmed, the leader of the squad, demanded to know of the man he took to be the main passenger in the group.
“Abdelsalam,” came the reply.
It’s a common enough name, though it means “servant of peace” in Arabic; Saif al-Islam’s real name means “Sword of Islam”.
Ahmed, sizing the man up, took Ammar aside and whispered: “I think that’s Saif.”
Turning back to the car, a Toyota Land cruiser of a type favoured on these rugged desert tracks, Ammar said: “I know who you are. I know you.”
CASH AND KALASHNIKOVS
The game was up. The militiamen retrieved several Kalashnikov rifles, a hand grenade and, one of the Zintani fighters said, some $4,000 in cash from the vehicles.
It was a tiny haul from a man whose father commanded one of the best-equipped armies in Africa and who is suspected by many of holding the keys – in his head – to billions stolen from the Libyan state and stashed in secret bank accounts abroad.
“He didn’t say anything,” Ammar said. “He was very scared and then eventually he asked where we are from, and we said we are Libyans. He asked from which city and we said Zintan.”
Zintan sits far from the spot of Gaddafi’s capture in the Western, or Nafusa, Mountains, just a couple of hours drive south of the capital. The people of Zintan put together an effective militia in the uprising, and they are seeking to parlay their military prowess into political clout as new leaders in Tripoli try to form a government.