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Libya Mounting evidence of war crimes in the wake of Egypts airstrikes

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New eyewitness testimonies gathered by Amnesty International indicate that the Egyptian air force failed to take the necessary precautions in carrying out an attack which killed seven civilians in a residential neighbourhood in the Libyan city of Derna on 16 February. The incident is one in a string of horrific acts — some of which amount to war crimes — in recent weeks that show how civilians are increasingly bearing the brunt of reprisal attacks as violence in Libya escalates. In the latest incident on 20 February, according to the Libyan authorities 42 people were killed, including civilians, in bombings targeting military and civilian targets in the eastern city of Qubbah. A group calling itself Barqa Province of the Islamic State claimed responsibility for the attacks in retaliation for the Egyptian airstrikes. When perpetrated as part of a systematic and widespread attack against a civilian population, murder is a crime against humanity. The Egyptian military carried out airstrikes using F fighters on the eastern port city in retaliation for the highly-publicized murder of 21 mostly Egyptian Christian Copts by a group calling itself the Tripoli Province of the Islamic State. The murder, which is a war crime, prompted the UN-recognized government of Libya and Egypt to seek the lifting of an embargo on the supply and transfer of arms to Libyan forces. According to eyewitnesses, Egyptian fighter jets carried out airstrikes on several locations in and around Derna between am and am on 16 February. Of these, only the al-Jabal company is located near a civilian-populated area. Apartment buildings located near al-Jabal company sustained minor partial damage. Residents told Amnesty International that most of the windows in their houses were shattered and doors were blown-off as a result of the explosion. The last strike however, which took place at around am, targeted a civilian area in Sheiha al-Gharbiya. One missile struck a four-storey house belonging to the al-Kharshoufi family, killing a mother and her three children aged between three and eight, and injuring their father and another child. A second missile hit a street in between civilian houses, causing three other deaths. Following this attack, Amnesty International interviewed eyewitnesses from the area and medical workers at a hospital that treated the wounded. According to the director of Derna Hospital, 17 people sustained injuries from shrapnel, debris or burns as a result of the explosions. The director confirmed to Amnesty International that there were no fighters amongst those injured and dead brought to the hospital. The full extent of the damage is still not known, but eyewitnesses told Amnesty International that about 10 houses were destroyed and a further 30 houses sustained shattered windows and other minor damage in the blast as a result of which some were rendered uninhabitable. Approximately 20 private cars were also damaged in the attack. The organization could not determine whether a legitimate military target was located nearby. Three area residents who witnessed the attacks all said that they did not see any fighters or military activity in the immediate vicinity. The Chief of Staff of the Libyan army denied any civilian casualties and said that fighters had been killed in the attacks on 16 February. According to a statement by Saqr al-Jeroushi, the Chief of Staff of the Libyan Air Force, one of the airstrikes was directed at the house of the Al-Zini family, which had an anti-aircraft gun mounted on its roof. Saqr al-Jeroushi said that the airstrike was carried out by a Libyan aircraft, and confirmed not knowing if any civilians were in the house. All residents interviewed by Amnesty International confirmed seeing only airplanes, which appeared to be F fighter jets, and that no Libyan aircraft took part in the attack. Eyewitnesses interviewed by Amnesty International denied seeing any anti-aircraft weapons mounted on rooftops in the area. One resident of Derna told Amnesty International that he received reports about the death of approximately seven fighters, but that they were not killed in the Sheiha al-Gharibya strike. Armed groups never bring their dead to the hospital, they usually bury them right away. In a televised statement during a visit to the Air Force troops who carried out the Derna airstrikes, Egyptian President Abdelfattah Elsisi denied that any civilian objects had been targeted. The objectives were studied with precision, the reconnaissance of the targets was carried out with precision. The gathering of data and information, including on those who were inside, and on the locations was done with precision. To sustain his claims, President Elsisi also recalled an operation against terrorist suspects, which was cancelled due to the presence of women and children amongst them. Eyewitness testimonies One resident who witnessed the airstrikes in Sheiha al-Gharbiya on the morning of 16 February told Amnesty International:. I heard the sound of airplanes and I immediately knew that they were Egyptian because of the news of the killing of the Copts. I heard them flying above the city. Then I heard the sound of explosions coming from the Dahar al-Ahmar mountain, located only two or three kilometres behind our neighbourhood. They were firing at each other. I then left to go to pray al-Fajr at the mosque. While praying, I could hear the sound of loud, violent explosions in the city. I could feel the mosque shake, and I then heard that they had hit the compound of al-Jabal company twice. I got back home; it was about For 40 minutes things seemed to have quietened down, there was no sound of planes. We thought that the strikes had stopped. I was home with my children, who got up because of the sound of explosions and were very scared. Then, suddenly, I heard the planes come back. They were flying above the university, which is located just in front of my house. I thought that they would be attacking the mountain area again. Then I saw a massive explosion. I saw a lot of smoke, women were screaming. The planes had hit a house located only metres from where I was standing. We tried to rush to help the injured, but the airplane continued to fly above us, and we got scared that there would be another strike. I think that about 15 houses were completely damaged because of the explosion, but many more were affected, just like my house. Around 30 cars were also damaged. Some were completely destroyed, others had their windows broken. It was a very powerful explosion. The Fs dropped two missiles. Amnesty International spoke to a family member of Osama Younis Ishtewi, a year-old man who was killed in the strike, who insisted that no fighters were present in the house:. When he graduated, he got a scholarship to continue his studies in Turkey, but because of the crisis in Libya, the embassy stopped paying for his fees, and he had to come back home. He had returned only on 2 February. He had no relation to the fighting whatsoever. It was a raid. It happened around am. No one in Derna was sleeping because of the sound of airplanes. There were four or five of them. Osama was filming the planes from the rooftop of our house. Suddenly, there was a massive noise. A missile hit the area between our house and that of our neighbours. Osama was killed with shrapnel. When we found the body, we saw that his head was severed. The whole house collapsed. We are all civilians, there were children and women in the house. I have three children, a girl aged five and a boy aged three. My youngest one is only 20 days old. There was no one firing from the rooftops, it is a lie. He described the attack:. I was inside the house, but ran out after I heard the explosion to help my father. All of those that were killed or injured were my neighbours. They were women and children amongst them. No one is known to have military activities. When the airstrikes started at am I heard the sound of anti-aircraft guns, but they were coming from afar, from at least two kilometres. I would have heard if the sound was coming from our area. Her sister-in-law was injured and admitted to hospital for treatment. On 28 December , two medical doctors were killed during an airstrike on a field hospital in Ben Jawad treating Libya Dawn fighters. On 2 December , an airstrike on the main food warehouse in the city of Zuwara located near the Tunisian border killed eight civilians injured approximately 25 others. The organization has also gathered photographic evidence showing remnants of PTAB 2. In December , armed clashes erupted in the area after Libya Dawn fighters, allied to the Tripoli government, launched an attack on the oil terminals at al-Sidr and Ras Lanuf. According to eyewitnesses, on at least three occasions since 18 December , Operation Dignity forces have dropped cluster bombs on the town of Ben Jawad while fighting Libya Dawn. Cluster bombs are banned under international law and unexploded cluster sub-munitions pose the same indiscriminate threat to civilians as anti-personnel mines. Amnesty International calls on the Egyptian military and all warring parties in Libya to take all feasible precautions to spare civilians and to ensure that their forces do not carry out direct attacks on civilians or attacks which are indiscriminate or disproportionate. Precautions also include giving effective advance warning of attacks which may endanger the civilian population, cancelling or suspending an attack if it becomes clear that it is likely to cause excessive civilian casualties or damage, and choosing means and methods of attack that minimize the risk to civilians and civilian objects. The presence of fighters in residential areas does not absolve warring parties from their obligation to minimize harm to civilians. All forces should also avoid deploying or locating military objectives within or near densely populated areas. All states including Egypt should ensure that the UN arms embargo on Libya is fully implemented and support setting up an independent Commission of Inquiry, or a similar mechanism, to investigate serious abuses and violations of international human rights and violations of humanitarian law by all parties to the conflict. Measures must also be foreseen to ensure that the findings and recommendations of such an investigation are acted on. Recommendations Amnesty International calls on the Egyptian military and all warring parties in Libya to take all feasible precautions to spare civilians and to ensure that their forces do not carry out direct attacks on civilians or attacks which are indiscriminate or disproportionate.

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