Speakers Argue About Calls for Universal Ratification of Additional Protocols to Geneva Conventions, as Sixth Committee Takes Up Annual Report
Delegates Conclude Debates on Special Charter Committee, Universal Jurisdiction
As the Sixth Committee (Legal) took up the Secretary‑General’s annual report on the Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts (document A/75/263), some speakers highlighted the importance of ratifying the Protocols universally, while others voiced reservations based on their national experience.
The representative of Switzerland, which serves as the depository of the Geneva Conventions and the three Additional Protocols, was among those that reaffirmed the importance of ratifying these instruments universally. He encouraged States who have not yet done so to accede to the Protocols or ratify them as soon as possible. Also stressing the need to identify good practices and issues in the implementation of international humanitarian law, he highlighted his country’s report on that topic.
The observer for the European Union also joined the call for universal ratification of the Additional Protocols, pointing out that many of these reflect customary international law, and therefore must be observed even by those that have not ratified the Protocols, including non-State actors. She also highlighted the fundamental principles of international humanitarian law — humanity, distinction, military necessity, proportionality and precaution — to which all parties to a conflict must adhere.
Even though the armed conflict in El Salvador ended 28 years ago, noted the representative of that country, the Government has continued to strengthen the institutional legal framework to implement relevant normative instruments. Highlighting domestic measures, such as training materials for the armed forces and draft legislation that specifically references the Geneva Conventions and Additional Protocols thereto, she echoed the Secretary‑General’s call for an immediate global ceasefire to allow for the delivery of vital humanitarian aid to the most vulnerable during the COVID‑19 pandemic.
The representative of the International Committee of the Red Cross (ICRC) also pointed to the relevance of the Geneva Conventions and their Additional Protocols to the current pandemic, which has increased the humanitarian needs of those caught in the crossfire of armed conflicts. The Protocols regulate access to essential services, require the respect for and protection of the medical mission and cover the granting of humanitarian relief, he pointed out. He also noted the publication of a Commentary to the Third Geneva Convention on prisoners of war and the updated Guidelines on the Protection of the Natural Environment in Armed Conflict.
However, the representative of Israel voiced reservations over a number of conclusions included in the three ICRC Commentaries published thus far, adding that some provisions in the Additional Protocols do not reflect customary law. She also brought up the challenge of asymmetric warfare and non-State actors who do not see themselves as bound by the Law of Armed Conflict, while underscoring that her country continues to ensure that all aspects of its military operations comply with these rules.
Syria’s delegate also expressed concern about the politicization of the current topic in the Sixth Committee, saying that some Member States have provided financial and military support to various armed groups that his country has been fighting with for nine years. “We are not willing to listen to anyone who promoted the so-called IIIM,” he said, adding that the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 is the result of a non-consensual General Assembly resolution.
The Sixth Committee also concluded its consideration of the scope and application of the principle of universal jurisdiction, with the representative of Zambia calling on all Member States to ensure the domestication of relevant treaties and extend laws governing universal jurisdiction. His country remains committed to joining and facilitating cooperation agreements with foreign authorities and law enforcement agencies to ensure that perpetrators of the most serious crimes prohibited by international law are brought to justice. However, the Sixth Committee must not lose sight of the original purpose of this agenda item, he stressed, voicing concern about the inconsistent and sometimes unpredictable manner in which universal jurisdiction is applied. (For background, see Press Release GA/L/3624.)
In addition, the Committee concluded its debate on the report of the Special Committee on the Charter of the United Nations and on the Strengthening of the Role of the Organization. (For background, see Press Release GA/L/3623.)
Mexico’s delegate drew attention to the abuse of Article 51 of the Charter as a justification for the use of force, particularly in the context of fighting terrorism. He called attention to his country’s proposal that suggests an analysis of State compliance with the prerequisites for the exercise of legitimate defense, with States submitting communication to the Security Council to include sufficient information regarding how their actions comply with the requirements for the use of force present in the Charter and in international law.
The representative of the Republic of Korea, focusing on sanctions, said such mechanisms were important tools for maintaining and restoring international peace and security. He also noted that many proposals and working papers of the Special Committee duplicate items of other United Nations forums, emphasizing that the Sixth Committee should consider retiring stagnant topics and meeting in alternate years.
The representative of Azerbaijan spoke in exercise of the right of reply.
The Sixth Committee will next meet at 10 a.m. on Thursday, 5 November, to take up the report of the International Law Commission.
Protocols Additional to the Geneva Conventions — Victims of Armed Conflicts
The observer for the European Union, noting that the Geneva Conventions [of 1949] have been universally ratified but the Protocols Additional thereto have not, called on those States who have not yet ratified the protocols to do so. She stressed that all parties to a conflict must comply with the fundamental principles of international humanitarian law — humanity, distinction, military necessity, proportionality and precaution. Further, many of the additional protocols reflect customary international law; therefore, they must be observed even by those that have not ratified the protocols, including non-State actors. She also spotlighted the role of the International Fact-Finding Commission established under article 90 of the First Additional Protocol in securing the guarantees afforded to victims of armed conflict. The international community should make use of the Commission’s ability to assist parties to a conflict in restoring compliance with international humanitarian law by documenting serious breaches of such law and establishing the facts of alleged violations. She also underscored that States bear the primary responsibility for prosecuting individuals responsible for grave breaches of international humanitarian law under their jurisdiction.
The representative of Syria said that over the past nine years, his country has been fighting with various armed groups who have been changing their names, alliances and affiliations. Many Member States have acknowledged that their Governments provided financial and military support to these armed groups, he said, expressing concern about the politicization of the current topic in the Sixth Committee. “We are not willing to listen to anyone who promoted the so-called IIIM,” he said, adding that the International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011 is the result of a non-consensual General Assembly resolution. Noting the establishment of a national steering committee on international humanitarian law in his country, he added that its executive plan for 2021 includes a number of events to build the capacities of national staff in this field.
The representative of El Salvador stated that international humanitarian law creates obligations applicable in both war and peace. Even though the armed conflict in El Salvador ended 28 years ago, the Government has continued efforts to strengthen the institutional legal framework to implement relevant normative instruments. Further domestic measures include training materials on international humanitarian law for the armed forces, draft legislation on war crimes and crimes against humanity that specifically references the Geneva Conventions and Additional Protocols thereto and the approval of a national plan of action on the women, peace and security agenda to strengthen compliance with Security Council resolution 1325 (2000). She also stressed the importance of respecting fundamental principles of international humanitarian law in the context of the COVID‑19 pandemic and echoed the Secretary‑General’s call for an immediate global ceasefire to allow for the delivery of vital aid to the most vulnerable.
The representative of Switzerland, noting his country’s role as the depository of the Geneva Convention and the three Additional Protocols, reaffirmed the importance of ratifying these instruments universally and encouraged States who have not yet done so to accede to the three Protocols or ratify them as soon as possible. Also encouraging States parties to the First Additional Protocol who have not yet done so to recognize the jurisdiction of the International Humanitarian Fact-Finding Commission, he noted that the Commission successfully led its first operational mission in 2017. Last year marked the seventieth anniversary of the Geneva Convention, he said, noting the holding of the thirty-third International Conference of the Red Cross and Red Crescent. During the Conference, his country committed to draft a voluntary report on the implementation of international humanitarian law, he said, adding that such reports help identify good practices and issues in the implementation of international humanitarian law.
The representative of Israel noted that the challenge of asymmetric warfare has become a common concern for many States. Many non-State actors do not see themselves as bound by the Law of Armed Conflict. Rather, they systematically violate the rules, including in her country’s northern and southern regions where terrorist organizations regularly operate from within civilian areas and target Israeli civilians. Despite not being a party to the Additional Protocols, Israel is fully committed to the customary law rules that are reflected in some of their provisions. However, some provisions in the Additional Protocols do not reflect customary law, including, among others, the provisions found in articles 55, 43 to 45 and 37(1) in the First Additional Protocol and the articles concerning belligerent reprisals, alongside a considerable number of other provisions in the First and Second Additional Protocols. She also voiced concern over a number of conclusions included in the three ICRC Commentaries published thus far, which do not always reflect the current state of the law. In its efforts to strengthen compliance with the Law of Armed Conflict, Israel continues to ensure that all aspects of its military operations comply with these rules, she said.
The representative of Portugal, aligning himself with the European Union, said States are committing themselves to treaties in various areas of armed conflict as well as to customary international humanitarian law. However, the main concern regarding humanitarian law remains its implementation. The most pressing problems relate to old and new challenges — from State capacity to adequately train and supervise its armed forces on humanitarian law, to new means of warfare and new actors in armed conflict. Portugal has implemented several measures focusing on protection of victims of armed conflicts and strengthening of international humanitarian law at the national level. It also maintains a close and fruitful collaboration with the Portuguese Red Cross, having established a permanent consultation mechanism that has met to review matters like the follow-up to resolutions and pledges of International Conferences of the Red Cross and Red Crescent.
The representative of Monaco called for States to ratify and respect the Additional Protocols to the Geneva Conventions without reservation or delay. The nature of conflict has fundamentally changed since the adoption of the Conventions. Thus, current responses must account for the cumulative effects of conflict, climate change and natural disasters, along with the impact these have on mental health, socioeconomic conditions, peace and stability. He expressed support for the Secretary‑General’s appeal for a global ceasefire to allow for protection of the most vulnerable and for humanitarian personnel to access conflict zones. Emphasizing the importance of the moral, political and financial support provided by Member States to humanitarian programs, he detailed various initiatives and agreements his country has initiated to this end.
The representative of Armenia said that the crisis caused by the COVID‑19 pandemic, reported to be the biggest humanitarian challenge since the Second World War, was hitting hardest those people trapped in conflict. Further exacerbating the situation was the lack of humanitarian access to the conflict areas. Armenia has unequivocally supported Secretary‑General António Guterres’ appeal for an immediate global ceasefire launched at the outbreak of the pandemic. Uniting against the pandemic was not only a moral imperative, but also a matter of enlightened self-interest, she said, citing the Secretary‑General. However, the ongoing hostilities conducted by Azerbaijan against Nagorno-Karabakh, with the direct military involvement of Turkey and foreign terrorist fighters, have led to the most destructive escalation in the region since the 1990s. She condemned Azerbaijan’s attacks on the civilian settlements, targeting essential infrastructure, including schools and hospitals. Further, Azerbaijan’s violations of international humanitarian law — including attacks on civilian objects, journalists, use of mercenaries and use of prohibited weapons, among others — have been extensively documented and reported to the relevant international bodies and mechanisms.
The representative of the International Committee of the Red Cross (ICRC) said the 1949 Geneva Conventions and their Additional Protocols are extremely relevant to the current pandemic, as COVID‑19 has increased humanitarian needs of the men, women and children caught in the crossfire of armed conflicts. In that regard, the Protocols regulate access to essential services, require the respect for and protection of the medical mission, and cover the granting of humanitarian relief. The ICRC has continued to promote the universalization and implementation of the Additional Protocols of 1977, he said, noting that there are currently 174, 169 and 78 States parties to Additional Protocols I, II and III, respectively, and the number of States parties to Additional Protocols II and III has increased over the past two years. Expressing support to all 50 States that have ratified the Treaty on the Prohibition of Nuclear Weapons, he reiterated ICRC’s commitment to work towards the broadest possible adherence by States to the Treaty. In June of this year, the ICRC published its Commentary to the Third Geneva Convention on prisoners of war, he recalled, also highlighting the recent publication of the updated Guidelines on the Protection of the Natural Environment in Armed Conflict, a collection of existing international humanitarian law rules and recommendations that protect the natural environment in situations of armed conflict.
Right of Reply
The representative of Azerbaijan, speaking in exercise of the right of reply, said that Armenia’s leading position in falsification and hypocrisy is well deserved. It is curious, he noted, that a country responsible for unleashing war against his nation and carrying out ethnic cleansing on a massive scale has the cheek to lecture others on international humanitarian law. Armenia’s multiple war crimes include, among others, the mistreatment of detainees and prisoners of war, taking of hostages, destruction of cultural heritage and damage to the natural environment. Ethnic Azerbaijanis have been targeted because of their nationality and or ethnicity, he added, saying that despite the humanitarian ceasefire, missile and artillery attacks by the armed forces of Armenia against the cities, towns and villages in Azerbaijan continue. These attacks aim at murdering civilians and causing disproportionate harm to civilian infrastructure, in blatant violation of international humanitarian law. Also pointing out that a large number of fake images are circulating on social media, he said that the armed forces of Azerbaijan do not target civilian objects unless used for military purposes.
Special Committee on the Charter of the United Nations
The representative of Mexico spotlighted the considerable increase in the number of State submissions to the Security Council citing Article 51 of the Charter of the United Nations as a justification for the use of force, particularly in the context of fighting terrorism. He called for a discussion on measures to ensure that States’ right to legitimate defense is not abused to justify the use of force, lest the practice become inconsistent with the Charter and the principles it protects. To this end, he detailed his country’s proposal to conduct an analysis of State compliance with the prerequisites for the exercise of legitimate defense and to require those States submitting this type of communication to the Security Council to include sufficient information regarding how their actions comply with the requirements for the use of force present in the Charter and in international law. He also underscored the need for the Council to make these communications transparent by circulating them to Member States as official documents.
The representative of the Republic of Korea said sanctions were important tools under the Charter for maintaining and restoring international peace and security. The Special Committee had a meaningful discussion on the subtopic of conciliation under “Peaceful settlement of disputes”. He expressed concern, however, that many proposals and working papers of the Special Committee duplicate items of other United Nations forums, emphasizing that the Sixth Committee should consider retiring stagnant topics and meeting in alternate years. He commended the Secretariat for its efforts regarding the Repertory of Practice of United Nations Organs and the Repertoire of the Practice of the Security Council, noting progress made towards updating or eliminating backlog. Best practices, such as introducing new technologies, should be shared between the custodians of the two publications to effectively address remaining backlog.
The representative of China, reaffirming his commitment to multilateralism on the seventy-fifth anniversary of the founding of the United Nations, noted that his country was the first to sign the Charter and the only developing country to be a permanent member of the Security Council. The unprecedented changes taking place around the world highlight the need to improve global governance and to safeguard the international order, of which the Charter’s purposes and principles are a cornerstone and must be upheld. He also reiterated that unilateral coercive measures must be viewed as a means to an end, calling for the Security Council to take a prudent approach to their use and to deploy them only when all other options have been exhausted.
The representative of Morocco said that the Charter of the United Nations constitutes a social contract between nations and finds its strength in its universal character. She stressed that the General Assembly and Security Council must respect their differing mandates as outlined by Article 12 of the Charter, which affords the Council the ability to resolve disputes and prevents the General Assembly from making recommendations thereon unless requested to do so by the Council. International peace and security are strengthened when the Charter is preeminent and respected and its principles guide State action — namely, those of State sovereignty and territorial integrity. The latter principle existed before the development of jus cogens and is fundamental and permanent, she added.
Also speaking today were representatives of Sweden (also for Denmark, Finland, Iceland and Norway), New Zealand (also for Australia and Canada), Philippines, United States, Sudan, Cuba, Russian Federation, United Kingdom, Ukraine, Iran, Venezuela, Algeria and Oman.