On the Criminal Shut-off of Water Supply to Cities & Towns in North Western Libya

Human Rights Solidarity (HRS) is deeply concerned about the news of stopping the flow of drinking water in Western Libya, which could deprive over 4 million people, about two thirds of Libya’s population, of water. HRS has learned that a group of armed militias ordered operators of the Control Room, of the Drinking Water System (GMMR)[1], at a-Shwaerif[2] to shut-off the flow of water. The criminal act has been confirmed by a press statement released by the Ministry of Interior[3] in Tripoli.

HRS considers the said act as a war crime[4], as defined by the International Humanitarian Law. Consequently, HRS calls for immediate end of the shut-off of the water supply, and to hold the perpetrators and their accomplices accountable. This is not the first time that this vital infrastructure, the life line of over two thirds of Libya’s population, has been targeted by saboteurs and terrorists. In a report[5] by HRS, there were 64 attacks on the GMMR during the period from the 15^th of May 2013 to the 17^th of December 2018, of which 77% were armed attacks and deliberate sabotages.

According to the statement by the Ministry of Interior, the group that is behind this latest subversive act, is from a local tribe, and led by an individual by the name of Khalifa Hneish[6]. This is the second time this group shut off the Hasawena GMMR. On the 25^th of November 2017, the group occupied the control room and ordered operators to shut down the network at gun point[7]. It is not very clear whether or not this militia group is affiliated with renegade Field Marshal Haftar’s “Libyan National Army” (LNA), but since the incident occurred in an area under the control of the LNA, then the LNA and up the chain command are responsible for the protection of the GMMR infrastructure. Therefore, the LNA and its command should be held accountable for the continuation of this very serious criminal act.

HRS deplores the failure of the Government of National Accord (GNA) to apprehend this militia group[8], after its November of 2017 subversive act. Not holding those involved in serious war crimes acts, is a dereliction of duty, especially when the area of a-Shwaerif was under GNA’s control in 2017.

HRS also very concerned that a Jordanian national[9], a guest on a Libyan TV channel, namely “Libya Channel”, called for the siege and cut-off of “water & electricity supplies”. His call came in the course of discussing[10] the current conflict in the southern perimeter of Tripoli. This is a clear call for committing a war crime against approximately 3 Million residents of Greater Tripoli, currently under military attack ordered by renegade Field Marshal Haftar. The statement was made by a guest, but the television station; namely the TV presenter, the editor and the owner, are legally responsible[11], especially in light of their failure to stop the Ret. Maj Gen Jalal al-A’bbadi or denounce his statement and correct him on air. Moreover, the television station failed to issue any statement or take any corrective action after the broadcast. Libya Channel reported[12] on the 27^th of April 2019, that Dr. Aref Ali Nayed, the owner[13] of Libya Channel, has vowed “to pursue several figures and entities attributed to him certain statements through false pages”. Dr. Nayed was referring to a post, published on a misleading account on social media using the name and logo of the station “Libya Channel”, carrying a fake statement attributed to him. However, neither Dr. Nayed nor the channel denounced the statement of the Jordanian guest.

HRS calls on the GNA to take legal action against Mr. Jalal al-A’bbadi, due to the fact that what he said on the air was a clear call to commit a very serious war crime. Also, it should investigate the legal responsibility of “Libya Channel” TV station and take legal action in accordance. HRS will be reporting these violations to the Office of the General Prosecutor of the International Criminal Court, the Office of the High Commissioner of the United Nations for Human Rights, and the Panel of Experts on Libya established pursuant to United Nations Security Council Resolution 1973 (2011).

 

Human Rights Solidarity

Tripoli – Libya

 

[1] Drinking Water System, known as the “Great Man-Made River” (GMMR) consists of two networks; Eastern Network, which draws fresh water from water wells in Sarir & Tazerbu fields to supply households & agricultural projects from Benghazi to Sirte; and Western Network, which draws fresh water from water wells at Jabal Hasawena region to supply households in cities and towns from Misrata to Tripoli and a branch to Gheryan.

[2] A village about 270 Km South West Misrata.

[3] Libya Alahrar TV: “GNA’s Interior Ministry accuses pro Haftar armed groups of shutting down Hasawena GMMR water network”, 19^th May 2019. Copy of Ministry of Interior press release (link).

[4] The International Criminal Court: “Rome Statute of the ICC”, Article 8.2.xxv, “Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;”, water is indispensable for the survival of humans, without it life is impossible.

[5] Human Rights Solidarity: “Report on Attacks and the Technical & Operational challenges facing the Drinking Water System (GMMR)”, 15^th March 2019, copy attached.

[6] His full name is Khalifa Giumma Sultan Hneish. In this video, circulated at the time, the saboteurs were demanding the release of al-Mabrook Hneish imprisoned at Mitiga Detention Center in Tripoli.

[7] GMMR Page on Facebook: “Forced stoppage of pumping water from Hasawena Wells Field”, 26^th November 2017.

[8] In fact, HRS did not find any evidence or information on actions by GNA to pursue this particular militia and hold them responsible.

[9] He was presented as Retired Maj General Jalal al-A’bbadi (اللواء المتقاعد جلال العبادي), a “military strategist expert”.

[10] He made the call on a weekly program called “150 Minutes with Faten”, Faten Allamie (فاتن اللامي) is the TV presenter. A full list of recordings of her program is available on the on the channel’s official website EXCEPT the Episode of 22^nd April 2019, the episode on which MR Jalal al-A’bbadi appeared. However, the part, in which Mr. al-A’baddi calls for siege of Tripoli and cutting off supplies of water & electricity, was recorded and published on Facebook ©: Hamza Alibye: “A Jordanian calls for siege of Tripoli and cutting off water and electricity, until the al-Qaeda & Julani groups surrender themselves to the armed forces”, 23^rd April 2019.

[11] The International Criminal Tribunal for Rwanda (ICTR) sentenced to life imprisonment Ferdinand Nahimana and Jean-Bosco Barayagwiza, two founding members of a radio & television station (Radio Télévision Libre des Mille Collines and the Rawandan Genocide) for the role of the network in inciting violence against the Tutsi. The ICTR also sentenced Hassan Ngeze, a journalist and founder of a local newspaper for inciting violence.

[12] Libya Channel: “Nayed vows to pursue several figures and entities attributed to him statements through false pages”, 27^th April 2019.

[13] Dr. Aref Ali Nayed On an interview on the said channel, aired on the channel on 7^th August 2018, Mr. Nayed said categorically that “he finances the costs of operating the channel from his own private money”.