Europeans, backed by U.S., demand U.N. investigation of Libyan war crimes

European governments, backed by the United States, will press Friday at a special session of the U.N. Human Rights Council for the adoption of a resolution condemning Muammar al-Qaddafi‘s government for its bloody crackdown on demonstrators and to establish a U.N. commission of inquiry to probe possible war crimes by Libyan authorities.

Friday’s meeting will mark the first time that the Geneva-based U.N. rights council will meet in an emergency session to address serious human rights violations by an Arab government. It also provided the first clear sign that the popular uprisings in the Middle East are forcing governments to rethink their traditional alliances to autocratic governments like Libya’s at a time when they are facing existential threats to their rule.

Diplomats say that the European sponsors of the draft have already mustered more than 20 co-sponsors to their initiative, including the United States, Mexico, Jordan, Israel, and the Palestinian Authority’s observer mission. European governments, meanwhile, are planning to convene a session of the U.N. General Assembly next week to consider a measure to suspend Libya’s membership in the U.N.’s Geneva-based Human Rights Council.

The confidential draft statement — which was obtained by Turtle Bay but which is still being negotiated — "strongly condemns the recent gross systematic human rights violations committed in Libya … some of which may amount to crimes against humanity." It also "strongly calls upon the government of Libya to meet its responsibility to protect its population" and "immediately put an end to all human rights violations."

The statement also demands "an independent, international commission of inquiry … to investigate all alleged violations of international human rights law in Libya in connection with the ongoing protests in the country." The commission would be instructed to identify, where possible, "those responsible" for the crimes and "make recommendations, in particular, on accountability measures, all with a view to ensuring that those individuals responsible are held accountable."

While the draft statement does not identify a chief investigator, leaving it to the Thai president of the rights council to select members of the commission of inquiry, it calls on the U.N. high commissioner for human rights, Navi Pillay, and the U.N. secretariat to provide administrative support to the team.

The draft statement reflects the international anxiety over the plight of foreign nationals, including U.S. citizens, urging the Libyan authorities to "ensure the safety of all civilians, including citizens of third countries" and to "facilitate the departure of those foreign nationals wishing to leave the country."

The Geneva debate comes just days after the U.N. Security Council issued a nonbinding statement condemning Libya’s violent crackdown on Libyan protesters. The U.S., Britain, France, Germany, and other governments are now in negotiations over a binding Chapter 7 resolution that would condemn Libya’s conduct and consider imposing unspecified sanctions on the regime.

In a Security Council session Thursday morning, Britain’s U.N. ambassador, Mark Lyall Grant, appealed to his council partners to consider applying greater pressure on Qaddafi’s government, a council diplomat said. China and Russia said they wanted to first hear more credible information on events on the ground from the U.N. secretariat before considering next steps. But they did not block further action on the matter. U.N. Secretary-General Ban Ki-moon is expected to brief the council Friday morning on developments.

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