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Jurist Libya urged to investigate civilian abuses in Tripoli after clashes between rival armed groups

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Dadparvar

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Nov 11, 2016
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Human Rights Watch (HRW) on Tuesday called for Libyan judicial authorities to conduct a thorough investigation into claims of human rights abuses after a deadly conflict between Libyan rival armed groups and quasi-state forces.

Tensions between rival groups intensified after the May 12 murder of Abdelghani “Ghneiwa” al-Kikli, the commander of Tripoli armed group Stability Support Apparatus (SSA). The SSA was integrated into the security architecture of the state from 2011 onwards, providing Ghneiwa with unlimited access to state resources while simultaneously pursuing his motivations.

Under his leadership, SSA gained notoriety for committing various violations of international human rights law, such as unlawful killings, arbitrary detentions, torture of detainees, enforced disappearances, and forced labour of migrants and refugees. The militia’s undeniable stronghold on the Libyan government makes it difficult for accountability and renders efforts to curb the organization’s power futile.

Ghneiwa’s former deputy and head of investigations, Lotfi al-Harari, now spearheads the Internal Security Agency, another militia which sparked outrage between December 2021 and March 2022 for coercing confessions out of seven men under allegations of “undermining Libya’s morality.” Lotfi had also ordered detainees to stand against a wall before shooting at them with his gun, resulting in wounds on their limbs. Under the principle of command responsibility enshrined under Article 28 of the Rome Statute of the International Criminal Court, commanders such as Ghneiwa are held accountable for the actions of their subordinates if they had knowledge or should have known that crimes had been committed.

This principle is also outlined under Rule 153 of the ICRC Customary International Humanitarian Law Study as a form of customary international law applicable in both domestic and international conflicts. In the aftermath of his murder, militia groups known as the 444 Combat Brigade and the Deterrence Anti-Organized Crime and Terrorism Apparatus “al-Radaa” engaged in a crossfire, leading to the death of a 21-year-old bride-to-be and the deaths of two brothers after stray shells fell on their homes. The Emergency Medicine and Support Center, a governmental health institution, had released a statement confirming that six dead bodies had been collected from the streets of Tripoli, without clarifying whether they were civilians or fighters.

HRW encouraged judicial authorities to take proactive measures, such as collecting evidence in areas frequented by militia groups, such as the SSA, to ensure better transparency and accountability in the future.

The post Libya urged to investigate civilian abuses in Tripoli after clashes between rival armed groups appeared first on JURIST - News.

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