The Report of the International Commission of Inquiry on Libya – An Assessment

Abstract

The conflict in Libya 2011 has been closely monitored by an International Commission of Inquiry. As mandated by the United Nations Human Rights Council, the International Commission of Inquiry on Libya presented its report on violations of human rights law in Libya’s civil war. Allthough the report is very thourough, some remarks must be made. This analysis assesses the achievements and flaws of the report.The ICIL-Report is a thouroughly researched analysis of the situation in Libya. In an almost flawless manner it addresses the various legal issues of the conflict. Not surprisingly, it fulfills its mandate in an exemplary fashion.However, the Commission missed some opportunities to clarify matters in legal and factual terms. Most importantly, it did not take stand on legal obligations of non-state-actors, extraterritorial application of human rights law and the exact dates of the armed conflicts’ commencement and ceasation.Nevertheless, the report sets the standard for future investigations. It clearly shows which issues must be addressed within the next months, it provides basic facts and basic legal analysis for the international community’s involvement in the reconstruction of the Libyan state. In addition, it provides the ICC with valuable informations to conduct further criminal investigations. The ICIL has shown that the Libyan conflict of 2011 is far away from being resolved.