The Human Rights Council, at a Special Session on 25 February 2011, established the International Commission of Inquiry on Libya. The mandate of the Commission was "to investigate all alleged violations of international human rights law in Libya, to establish the facts and circumstances of such violations and of the crimes perpetrated and, where possible, to identify those responsible, to make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable”. The principal concern of the countries, including Ireland, that supported the establishment of the Commission, was to address the widespread and persistent reports of violent acts of repression being carried out by the Qadhafi regime against the Libyan people. The Commission’s report, issued on 2 March 2012, “concluded that international crimes, specifically crimes against humanity and war crimes, were committed by Qadhafi forces in Libya ... The Commission further concluded that the thuwar (anti-Qadhafi forces) committed serious violations, including war crimes and breaches of international human rights law”.
The Commission also assessed the impact of measures taken by NATO-led forces between March and October 2011 to implement UN resolution 1973. The report states that "The Commission concluded that North Atlantic Treaty Organization (NATO) conducted a highly precise campaign with a demonstrable determination to avoid civilian casualties. On limited occasions, the Commission confirmed civilian casualties and found targets that showed no evidence of military utility. The Commission was unable to draw conclusions in such instances on the basis of the information provided by NATO and recommends further investigations.” There is no suggestion in the report that war crimes were committed by NATO but the Commission has called on NATO to conduct investigations to determine the level of civilian casualties.
The recommendations made in the report in relation to NATO are a matter for that organisation and its members to consider. Ireland is not a member of NATO and therefore does not have any role in this process.
Ireland's cooperation with NATO is conducted through our participation in the Partnership for Peace (PfP) programme. The PfP is a voluntary and cooperative framework for regional cooperation. Our foremost reason for participation is co-operation in peacekeeping. The PfP has been an invaluable tool in developing the capabilities of our Defence Forces and enhancing inter-operability with other potential peacekeeping countries. This ensures that Ireland can most effectively contribute to UN-mandated missions as we have done for more than 50 years.