Alinea 34 Raad van State 27 februari 2015

5.4.1. Het rapport van de United Nations Support Mission in Libya (hierna: UNSMIL) en de United Nations Office of the High Commissioner for Human Rights (hierna: OHCHR) 'Overview of violations of international human rights and humanitarian law during the ongoing violence in Libya' van 4 september 2014 meldt, voor zover thans van belang, het volgende: "Introduction […] Tripoli witnessed six consecutive weeks of violence from 13 July, when an alliance of armed groups primarily from the city of Misrata but also from other towns including al-Zawiya and Gheryan, and Tripoli-based armed groups, launched "Operation Dawn" (‘Amaliyat al-Fajr) against the Zintan-affiliated al-Qa’qa’ and al-Sawai’q armed groups allied with fighters from the Warshafana region west of Tripoli. The fighting was particularly intense around Tripoli International Airport but affected other large areas of Tripoli. On 24 August, Operation Dawn fighters seized control of the airport and other areas of Tripoli from Zintan-affiliated armed groups, which withdrew from the city. Fighting is still ongoing in the Warshafana region. […] Indiscriminate shelling and attacks on civilian objects In both Tripoli and Benghazi, all sides have been resorting to a variety of weapons in populated areas, including small arms, GRAD rockets, mortars, anti-aircraft guns, tanks and air attacks (see the Annex for a description of selected weapons). Air strikes by "Operation Dignity" on populated areas have been frequently taking place in Benghazi since May 2014, while in Tripoli there have been two air sorties against Operation Dawn armed groups. The fighting between the armed groups has taken place at short, medium and often long ranges. Many of the weapons used are unreliable because they are old and poorly maintained, with faulty or inaccurate aiming systems and faulty ammunition. In comparison to typical armed forces, armed groups in Libya have received little training and do not operate with the appropriate discipline and command and control systems. Fighters appear often to disregard the likely impact on civilians, and sometimes on themselves, of their actions. Furthermore, with some exceptions, civilians have not been given the chance to evacuate before hostilities commenced and severe fighting has taken place in and around their houses and other places of refuge. […] In Tripoli, the fighting was initially heaviest around the airport, but quickly engulfed other parts of the city, including densely populated areas such as Janzour, Hai Andalus, al-Sarraj, al-Swani, Gargaresh and Ghut al-Sha’al districts. […] During the reporting period, UNSMIL received reports of civilian casualties in Tripoli including women, children and foreign nationals. In Ghut al-Sha’al in mid-August, a middle-aged woman was reportedly killed together with a 25-year old man when a shell hit their house. In that same period, several civilians were admitted to the Shara’ Zawiya Hospital in Tripoli, including a woman and two children. A nine-year-old girl was reportedly killed when a GRAD rocket hit her house in al-Swani neighbourhood on 15 August. Zawiya Academic Hospital reported that 34 men and one woman were killed, and 250 injured, including two children, as a result of the violence between 2 and 21 August. By 24 August, Tripoli Medical Center had reportedly received around 100 dead, including around 40 women and at least nine children. Among foreign nationals, a number of Sudanese were reportedly killed in separate incidents, including eight on 28 July in al-Krimeya neighbourhood. Land mines reportedly used in the airport area and unexploded ordnance are now a major hazard for civilians, especially children. […]"

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