As the world continues to struggle with the ramifications of COVID-19, Libya has the added distress of war. The United Nations Support Mission for Libya (UNSMIL) was established in 2011 to aid the country in its post-conflict endeavours.

However, the nation’s social fabric is currently under threat with the escalation of hostilities and violence in Libya - a country whose citizens have long been forced to tolerate the extremities of war and its brutalities.

THE CHAOS CONTINUES

Not only have rockets been launched at civilians, but the “intensified shelling” of Tripoli, including Al Khadra General Hospital, has caused thousands of innocent people to try and escape from their homes. Considering that Libya is in lockdown, this could reduce its effects and negatively impact the spread of the disease in the country. These attacks on hospitals at a time when they are extremely vital to the survival of the population during the coronavirus crisis have been condemned by the UN.

401 prisoners have been released without sufficient legal measures from the Surman Prison. This adds to the horrifying list of reports including “desecration of corpses, retribution, including looting, robberies and torching of public and private properties”. Evidently, if this is verified, it would constitute highly significant human rights violations. 

CAN THERE BE PEACE?

In the last 3 months, a minimum of 64 deaths and 67 injuries has been documented, which constitutes a 45% increase from the previous quarter.  In a press release on April 2020, the UNSMIL called for a ceasefire, claiming that a truce will allow the people of Libya to “observe the holy month of Ramadan in peace”.

The press release goes further to request Member States who are “directly fuelling” the war to stop providing their weapons. Jean-Paul Cavalieri, Chief of Mission for the UNHCR in Libya said: “This has especially affected refugees and asylum seekers, who are now unable to find work and earn to support themselves.  Ramadan is an important moment to show solidarity at a time when people are really struggling with their daily needs.”

In response to this, the UNHCR has partnered with UNICEF to provide Ramadan packages including hygiene kits, purification tablets and a food basket, aiming to reach 4,000 people by the end of the month.

CRIMES AGAINST HUMANITY

This follows a truce accepted in January of this year, which has been constantly disregarded. In early March 2020, the UNSMIL received reports about the excessive disappearances, torture, killing, and even the displacement of entire families. The groups reported to be missing include “civil society activists, journalists, migrants, and state officials.”

These acts may be considered to be war crimes and crimes against humanity as they violate international law and the Constitutional Declaration of 2011 (the Declaration). It is evident that the hospital attacks violate Article 8 of the Declaration, which entrench the rights to education and medical care in Libya.

The disappearances of journalists, activists and state officials as well as displacements during the conflict are additionally clear breaches of Articles 11, 12, 14, and 15 of the Declaration which uphold the rights to private home, private life, freedom of press, and public order respectively. 

Under Article 7 of the Rome Statute of the International Criminal Court, murder, imprisonment, torture, rape, persecution against identifiable groups, forced disappearances and other “inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health” are all crimes against humanity.

Furthermore, under Article 8, unjustifiably extensive destruction and appropriation of property, intentional attacks against civilians and attacking buildings such as hospitals constitute war crimes. The aforementioned attacks all violate these laws, which has caused the UN to urge for a truce to be called as soon as possible.

All the parties in this conflict are being pleaded with to accept the ceasefire agreement proposed in Geneva earlier this year. At the time of writing, it seems as though the violence is set to continue with no end in sight.

Athena is currently an LLB student at the University of Leeds. She has a keen interest in International Law and Justice and Cyber Rights. She believes in being the change you want to see in the world and aspires to raise awareness about human rights issues worldwide. 

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