Explanatory Memorandum

Violations Committed against Tawargha Residents

By

Said Abd El Hafez Said

Explanatory Memorandum

Violations Committed against Tawargha Residents

It is obvious for the conscientious that wars are fertile ground for
criminals even if these wars are broken out between two armies of the
same regime and ruled by their leaders. So what’s the matter with wars
led by opponent groups who reject law and system thinking that all what
represents restriction against their behaviors and practices is considered
like suppression, injustice and oppression in using power. As a result
these groups follow the law of force throwing aside all legislations and
laws and follow extremism as their law and legislation which says that
facing this anger wave which they called “public” is prohibited and its
opposition is banned secretly and in public.

During the incidents of 17th February 2011, Libya was pervaded by these
previously mentioned groups. This tragic situation is still there till this
day, yet the situation is worse in some areas as these incidents have had
relative impact due to geographic, historical, political and economic
reasons, in addition to the historical origins of the residents.

Tawargha is located in western north of Libya adjacent to Misrata. Its

population’s number is about 40.000 people, the majority of whom is
from tribal origin. The town is called so after the name of the tribe whose
members represent the high majority of the town residents. Agriculture
and grazing represent the heart of economic life in the town. In addition,
reasonable number of youth works in state institutions and bodies and
some affiliates to the Libyan army during the former regime.

As being The Commander in Chief of the Armed Forces, Al Gaddafi

ordered a military order to all armed forces units to go to their camps
and get ready to face the riots and chaos which started to break out in the
paths and streets of Binghazi, Misrata and Zintan cities. In addition, Al
Gaddafi gave a call to the Libyan people to volunteer to secure the
country and support the armed forces (soldiers/ reservists).

In a response to his order, the armed forces in Tawargha town went to

their camps and a number of volunteers joined the armed forces believing
that it is a moral duty according to their conviction. These two categories
were militarily ordered to secure the eastern borders of Misrata and
prevent gunrunning and fighters escape in the eastern area. On the other
hand, there were other orders to provide logistic and human support by
other battalions which also contributed to the previously mentioned task.

According to law, the armed forces did their duty until their withdrawal
and defeat in the battles took place in Misrata. In May 2011, the armed
forces escaped under the bombing of military aircraft by the International
Coalition for Civilians Protection in Libya. So the armed forces left
Tawargha residents to face the most ruthless and brutal crimes in Libya’s
modern history.

The forces of the transitional national council broke into Tawargha

brutally using severe force against the unarmed civilians and residents of
the town. The forces broke into the town without any resistance from the
town’s residents after the escape of who could do that, the killing of
some, capturing others (the majority of them are men).

Then when Tawargha became totally empty, the forces of the transitional
national council destroyed the empty houses, hospitals, schools and all on
the surface of the earth such as trees, crops and animals.

The escapees from the violence committed by the forces of the

transitional national council divided into two parts; the first part went to
Binghazi while the other part went to Tripoli. On the other hand, few of
them went in search for safe shelter in other cities like Igadabya, Bani
Walid and other villages.

The forces of the national council, which took Misrata as their starting
point, returned to their town mingled with the blood of innocent residents
and citizens who were killed inside their homes. Afterwards the forces
announced that there was no one alive in Tawargha town.

Those who survived were detained in prisons out of the control of the
executive office (the cabinet). Since that time the forces began their steps
towards revenge. The forces of the transitional national council were
showing off by torturing the detained from the regime forces. The forces
also relished in torturing those who originally from Tawargha as they
cooked some of them while they are alive while others were cut while they
are alive!! In addition, the detained suffered in general from humiliating
and inhuman treatment. A larger number of the detained died as a result
of torture while their bodies have not been delivered to their relatives till
now. Yet, this was not enough for the forces of the national council as
they attacked the camps of refugees in Binghazi and Tripoli and arrested
a large number of them to experience the most brutal torture, killing and
inhuman and humiliating treatment.

Moreover, the forces continued in tracing all remaining populations and

residents of the town in the whole country to the extent that being from
Tawargha is considered a crime that should be escaped to be alive. After
the incidents of May 2015 in the Libyan east those who refuge to
Binghazi and Igadabya sighed deeply after the forces of “Al Karama
(dignity)” process controlled most of the cities in the Libyan east and the
residents of those eastern camps went to live in the educational
institutions (schools) till they returned to their first camps.

Then there were official talks and negotiations (as described) between the
local council of Misrata and local council of Tawargha so that who are
not accompanied by suspicion could return to their residences in
Tawargha; however, the harmed are to be compensated for the harms
committed against them by Misrata.

The talks were supervised by the presidential council (the government of

national reconciliation) and succeeded inside the conference room. As a
result the presidential council committed to pay billions of dinars as
compensations for the harmed in Misrata. So the presidential council
yielded to the local council of Misrata and announced a date when
Tawargha people could return to their town.

Hence, in the referred to date many of the camps residents went to their
town as promised, yet they were prevented by the forces of the
presidential council to enter their town as the forces refused the return of
Tawargha residents (to fulfill a promise they made to themselves that
Tawargha residents will not back to their town). So the government of
national reconciliation did not move any forward, but it condemned what
happened and did not order criminal or disciplinary punishment against
them. Consequently, the displaced remained in their camps affected by
diseases, storms, snakes, scorpions and the poor cloths covered them. The
situation is still the same till now.
Thus by reviewing the incidents of this issue, we can say that the forces of
the transitional national council followed by the presidential council are
accused of committing severe violations contradictory to all national and
international laws and legislations, especially the Libyan penal code (
crimes of murdering, torture, arbitrary detention, invading fields).

In regard to the International Legitimacy, as Libya is inserted under the

clause number seven of the UN Charter according to which the General
Assembly authorized the Security Council to take the necessary
procedures to keep international peace and security by protecting
civilians (this is what happened in March 2011 and still till now), and as
the Security Council referred the Libyan case to the International
Criminal Court, so Rome Statute is applicable here in respect of the
previously mentioned incidents in this memorandum as being war
crimes/crime against humanity.