The forces of the self-styled Libyan National Army (LNA) have been laying siege to Tripoli since April, under the leadership of commander Khalifa Haftar, who is aligned with a rival administration in Tobruk, opposing the UN-backed Government of National Accord (GNA) and allied forces, based in the capital.

Following an uptick in aerial attacks and shelling in recent weeks, which have killed at least 11 civilians since early December, the Secretary-General  António  Guterres  released a statement on Friday, renewing his call for an immediate ceasefire in Libya and a return to political dialogue.

‘Dangerous’ escalation must stop

Responding to Saturday’s attack, where the majority of victims were reportedly cadets from cities across the country, UNSMIL stressed in a statement in Arabic on Twitter, that the escalation in military action “in this dangerous manner further complicates the situation in Libya and threatens opportunities to return to the political process.”

According to news reports, forces allied with the GNA described the attack as an aerial strike, launched by the LNA, but a spokesperson for the eastern-based militia denied any involvement.

Offering its sincere condolences to the families of the victims and wishing a speedy recovery to the injured, UNSMIL added that the continuing indiscriminate shelling of civilians and civilian buildings such as hospitals, “may rise to the level of war crimes, and the perpetrators will not go unpunished no matter how long it may take.”

Unhindered humanitarian access

In a statement on Friday, the deputy head of the Mission, Yacoub El Hillo, condemned the intensified airstrikes, saying he was “horrified by these senseless, indiscriminate attacks on civilian areas and civilian infrastructure that continue to take innocent lives.”

He said 12 health facilities had been forced to close in the main areas of “active clashes” on the capital’s outskirts, with another four facing imminent shutdown. More than 210 schools are closed leaving 113,000 children out of school.

Basic services must be provided to all civilians who are in desperate need and whose lives are at risk, added the UNSMIL deputy chief: “Unimpeded, safe and unhindered humanitarian access to civilians must be guaranteed, to allow concerned authorities, United Nations and humanitarian partners provide life-saving work…I call on all parties to the conflict to protect civilians and comply with the provisions spelt out in the Geneva Conventions – which must be fully respected and implemented in this conflict”.

Concern is also rising over the prospect of further foreign intervention, with the rival administration in the east reportedly receiving backing from several countries including the United Arab Emirates, Egypt, Jordan and Russia.

Last Thursday, the Turkish parliament approved a bill to unilaterally send troops in support of the Tripoli-based Government.

In his statement on Friday, the UN chief warned that “any foreign support to the warring parties will only deepen the ongoing conflict and further complicate efforts to reach a peaceful and comprehensive political solution.”

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“We have said it loud and clear that indiscriminate attacks against civilians not only constitute a grave violation of international humanitarian law and human rights law, but also further escalate the conflict and incite future acts of revenge, which threaten the social unity in Libya,” he warned in a statement issued on Saturday, adding that “this is utterly unacceptable.”

Week of airstrikes

Libya has been facing ongoing instability since the fall of President Muammar Gaddafi in 2011.

Thousands have been killed in fighting between factions of the self-styled Libyan National Army (LNA) commanded by Khalifa Haftar, based in the east, and the internationally-recognized government in the capital, Tripoli, located in the west.

Mr. Salamé reported that the Institute of Applied Engineering in the city of Al-Zawiya, which is located near a centre hosting hundreds of migrants, was attacked in an airstrike on Saturday. No casualties were reported.

However, he said two civilians were killed and eight injured on Thursday in airstrikes carried out in the city by General Haftar’s forces.

Furthermore, one person died and six others were injured, including two children, in attacks in Abu Salim on Friday, while several casualties were reported in airstrikes in Tajoura on Tuesday.

Civilian casualties mounting

The UN mission chief underscored the need to protect civilians and civilian infrastructure in Libya.

“The principles of distinction, proportionality and precaution must at all times be fully respected,” said Mr. Salamé.

Overall, at least 284 civilians were killed and 363 injured in Libya this year, according to data from UNSMIL and the UN human rights office, UNHCR. These figures represent an increase of more than 25 per cent over the same period last year.

Most of the casualties were due to airstrikes, which accounted for 182 deaths and 212 injuries, followed by ground fighting, improvised explosive devices, abductions and killings.

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That was the blunt assessment of UN Special Representative to Libya, Ghassan Salamé,  who also heads the UNSMIL Support Mission, briefing the Security Council on Tuesday, following weeks of intensifying conflict in and around the outskirts of Tripoli, instigated by the self-styled Libyan National Army forces of General Khalif Haftar who also leads a parallel administration based in the eastern city of Benghazi.

Mr. Salamé said grimly, that he had spent two years hoping to avoid having to deliver such a bleak in-person briefing to the Council, noting there were already 460 dead – 29 civilians – since the offensive began in early April. More than 2,400 have been injured, and 75,000 forced from their homes, the majority civilians, with half of the displaced women and children.

Violence began on the eve of an UN-backed National Conference planned to bring more than 150 representatives together from across the country, which had to be postponed. “There was great public excitement about what the conference could yield” said the top UN official, “in terms of a way forward to end Libya’s eight-year long period of transition” which threw him “into the deepest level of sadness for the opportunity lost”.

Tripoli violence could spark ‘long and bloody war’ across region

“I am no Cassandra” he added, referencing the mythical Greek figure who uttered prophesies which nobody believed, “but the violence on the outskirts of Tripoli is just the start of a long and bloody war…imperilling the security of Libya’s immediate neighbours and the wider Mediterranean”.

Mr. Salamé noted that in southern Libya, terrorist group Daesh, or ISIL, was flying its distinctive black flags, and reportedly had been responsible for four attacks, killing a total of 17, with more than 10 wounded, and eight others kidnapped, since Libya’s militias turned their guns on each other this year, not the common extremist threat.

“There are numerous reports of extremists, persons under international sanctions, and individuals wanted by the International Criminal Court appearing on the battlefield on all sides. All parties must publicly disassociate themselves from such elements without delay and refer to the ICC those for whom arrest warrants have been issued”, he said.

He bemoaned the flow of weapons back into the country noting “many countries” were providing arms to all sides. “Without a robust enforcement mechanism, the arms embargo into Libya will be come a cynical joke. Some nations are fuelling this bloody conflict; the United Nations should put an end to it”, he added.

Turning to the humanitarian needs he said health facilities were struggling to cope, with 11 ambulances “directly hit” by airstrikes, rockets and shelling. “I am appalled by the apparent disregard for the due protection of personnel engaging in vital medical tasks”, he noted, expressing deep concern for the rise in abductions, disappearances and arbitrary arrests in the past 6 weeks. He called on the Council’s “unequivocal support” in applying International Humanitarian Law.

UN remains ‘alongside the Libyan people’

Mr. Salamé said despite scaling-down non-essential UN staff in Tripoli and Benghazi, “we remain in Libya alongside the Libyan people to deliver as best we can”, with over 42,000 receiving aid so far. He said through local democratic elections held since 30 March, the people were showing their stoical resolve too, saying it was “vital to keep the pilot light of democracy alive”, and appealed for Council support to “the municipal election process.”

“There is no military solution” he reiterated, “and it is high time for those who have harboured this illusion to open their eyes and adjust themselves to this reality. Libya’s mosaic of communities cannot be governed without alliances and relationships stretching across the whole country”. He said Libyans would need to adjust in light of the attempts to take Tripoli by force since 4 April.

“A better future is still possible, but we all must be seized with the fierce urgency of now, while the front lines remain on the outskirts of Tripoli, and before the battle moves, God forbid, to the capital’s more densely populated neighbourhoods. This will require concerted and immediate action by the international community”.

He concluded with a call for the Council to act immediately, in support of politics over any military solution. “Full civil war in Libya is not inevitable. It may occur by the will of some parties, and by the inaction of others. I hear Libyans resigning themselves to a conflict of many months or even many years. My duty, and

that of this family of nations, is to tell them: ‘No. You need to stop the fighting and stop it now, for the sake of your loved ones, for the sake of your country, and for the sake of international peace and security.”

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According to the report by the UN Human Rights Office, “men, women and children across Libya are arbitrarily detained or unlawfully deprived of their liberty based on their tribal or family links and perceived political affiliations,” “Victims have little or no recourse to judicial remedy or reparations, while members of armed groups enjoy total impunity.”

“This report lays bare not only the appalling abuses and violations experienced by Libyans deprived of their liberty, but the sheer horror and arbitrariness of such detentions, both for the victims and their families,” said UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein. “These violations and abuses need to stop – and those responsible for such crimes should be held fully to account.”

Since renewed hostilities broke out in 2014, armed groups on all sides have rounded up suspected opponents, critics, activists, medical professionals, journalists and politicians, the report says. Hostage-taking for prisoner exchanges or ransom is also common. Those detained arbitrarily or unlawfully also include people held in relation to the 2011 armed conflict – many without charge, trial or sentence for over six years.

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The report, published in cooperation with the UN Support Mission in Libya (UNSMIL), summarizes the main human rights concerns regarding detention in Libya since the signing of the Libyan Political Agreement (LPA) on 17 December 2015 until 1 January 2018. The implementation of provisions in the LPA to address the situation of people detained arbitrarily for prolonged periods of time has stalled, it notes.

“Rather than reining in armed groups and integrating their members under State command and control structures, successive Libyan governments have increasingly relied on them for law enforcement, including arrests and detention; paid them salaries; and provided them with equipment and uniforms,” the report says. As a result, their power has grown unchecked and they have remained free of effective government oversight.

Some 6,500 people were estimated to be held in official prisons overseen by the Judicial Police of the Ministry of Justice, as of October 2017. There are no available statistics for facilities nominally under the Ministries of Interior and Defence, nor for those run directly by armed groups.

“These facilities are notorious for endemic torture and other human rights violations or abuses,” the report says. For example, the detention facility at Mitiga airbase in Tripoli holds an estimated 2,600 men, women and children, most without access to judicial authorities. In Kuweifiya prison, the largest detention facility in eastern Libya, some 1,800 people are believed to be held.

Armed groups routinely deny people any contact with the outside world when they are first detained. “Distraught families search for their detained family members, travel to known detention facilities, plead for the help of acquaintances with connections to armed groups, security or intelligence bodies, and exchange information with other families of detainees or missing persons,” the report highlights.

There have also been consistent allegations of deaths in custody. The bodies of hundreds of individuals taken and held by armed groups have been uncovered in streets, hospitals, and rubbish dumps, many with bound limbs and marks of torture and gunshot wounds.

“The widespread prolonged arbitrary and unlawful detention and endemic human rights abuses in custody in Libya require urgent action by the Libyan authorities, with support from the international community,” the report says. Such action needs to provide redress to victims and their families, and to prevent the repetition of such crimes.

“As a first step, the State and non-State actors that effectively control territory and exercise government-like functions must release those detained arbitrarily or otherwise unlawfully deprived of their liberty. All those lawfully detained must be transferred to official prisons under effective and exclusive State control,” it says.

The report calls on the authorities to publicly and unequivocally condemn torture, ill-treatment and summary executions of those detained, and ensure accountability for such crimes.

“Failure to act will not only inflict additional suffering on thousands of detainees and their families and lead to further loss of life. It will also be detrimental to any stabilization, peacebuilding and reconciliation efforts,” it concludes.

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