Diplomatic Protection Crucial for International Relations to Function, Sixth Committee Speakers Stress, Detailing National Efforts, Inadequate Responses
Delegates Conclude Debate on Additional Protocols of Geneva Conventions
Ensuring the safety and security of diplomatic and consular missions and representatives is crucial for international relations to function, speakers stressed today in the Sixth Committee (Legal), as they contrasted national endeavours with examples of inadequate responses to violations committed against such personnel in receiving States.
The Sixth Committee had before it the Secretary-General’s report, “Consideration of effective measures to enhance the protection, security and safety of diplomatic and consular missions and representatives” (document A/77/208).
The representative of Sierra Leone, joining other delegates concerned about the violation of diplomatic and consular missions and representatives, spotlighted several instances in which diplomats were subjected to full-body or enhanced searches in the airports of receiving States. He also underscored the need to provide protection from illegal surveillance, recording and other forms of technological interference.
China’s representative stressed that receiving States must not only refrain from infringing on diplomatic and consular missions, but also protect them from intrusion by third parties. He reported that his country has actively taken measures to protect missions, including by providing armed police guards for diplomatic premises as needed. Further, the Government shares information on security risks and handles emergencies involving diplomatic missions.
The representative of El Salvador also detailed national efforts to prevent attacks on the peace and dignity of diplomatic staff and premises, noting that her country has established legislative measures to prevent, investigate and prosecute illegal acts in this area. The Minister for Foreign Affairs and the national police address all requests made by missions, she said, adding: “Our authorities have told us that they have met all of the requests put forward.”
Cuba’s representative, however, recalled an attack against the Cuban Embassy in Washington, D.C., on 30 April 2020. Two years after this terrorist act, the United States has yet to hold anyone responsible. Further, the Cuban Mission to the United Nations has been subjected to aggressive protests since November 2020 and, despite timely reporting of the same to the authorities of the host country, a response has yet to be received.
The representative of the United States stressed that any steps necessary and appropriate to protect a mission — and thus required of the receiving State — depend on the potential threats to a particular mission in that State. He pointed out, however, that not everything is within a host State’s control and, in such cases, “what matters is that States respond promptly and robustly to incidents that occur”.
On that point, Slovakia’s representative said that all incidents reported to Slovak authorities by the Russian Federation’s Embassy in Bratislava have been promptly investigated. Further, the Government adopted several measures to enhance the protection and safety of the Embassy. He noted that there is a permanent security presence around the Embassy, heightened security patrolling in the vicinity and that safety barriers have been placed along its main entrance.
Similarly, the representative of Romania noted that her country recently informed all Member States of its response to three incidents submitted by the Russian Federation concerning its diplomatic and consular missions and representatives in Romania. However, the Russian Federation’s military aggression against Ukraine was posing serious risks to the safety and security of all missions and representatives present there, she said, recalling that last week, a Russian missile struck only 850 metres away from the Romanian Embassy in Kyiv.
The Sixth Committee also concluded its debate on the status of the Protocols Additional to the Geneva Conventions of 1949 today, as speakers highlighted the importance of strict adherence to international humanitarian law amidst widespread violations of the same. (For background, see Press Release GA/L/3664.)
The representative of the Russian Federation reported that her country provides training on international humanitarian law to all its military personnel to ensure strict respect for such law in the performance of military duties. While welcoming the contribution of the International Committee of the Red Cross (ICRC) to the interpretation of international humanitarian law, she stressed that States have the primary role to analyse and interpret such law, which, given its importance, should “not become hostage to politicization”.
Monaco’s representative concurred on that point, stating that politicization of international humanitarian law constitutes prejudice to the Geneva Conventions and their Additional Protocols and, therefore, should be avoided. Moreover, non-application, selective application or a “bad interpretation” of such law has an impact on the living conditions of those not participating in the conflict.
The representative of Argentina, spotlighting the lack of compliance with existing norms, observed that the situation on the ground remains critical, with actors involved in hostilities using explosive weapons with large-scale effects in populated areas. However, dialogue between States and cooperation with ICRC could contribute to implementing international humanitarian law, which is crucial for ensuring the protection of civilians.
To that end, the ICRC observer said that the Geneva Conventions and their Additional Protocols contain provisions that are extremely relevant to current multiplying crises. Emphasizing the importance of ensuring that these instruments are adequately implemented, he stressed that: “The principal cause of suffering during armed conflict is not the lack of rules, but insufficient respect for the law.”
Also speaking on the status of the Protocols Additional to the Geneva Convention of 1949 were the representatives of Austria, Algeria, Azerbaijan, Israel and Morocco, as well as an observer for the State of Palestine.
Also speaking on the consideration of effective measures to enhance diplomatic protection were the representatives of Iran (for the Non-Aligned Movement), Venezuela (for the Group of Friends in Defense of the Charter of the United Nations), Finland (also for Denmark, Iceland, Norway and Sweden), Iran, Belarus, Mexico, Egypt and Cameroon, as well as a representative of the European Union, in its capacity as observer.
The representative of Israel spoke on the report of the United Nations Commission on International Trade Law (UNCITRAL) on the work of its fifty-fifth session. (For background, see Press Release GA/L/3664.)
The representatives of the Russian Federation and Iraq spoke in exercise of the right of reply.
The Sixth Committee will next meet at 3 p.m. on Wednesday, 19 October, to conclude its debate on diplomatic protection and begin consideration of prevention of transboundary harm from hazardous activities and allocation of loss in the case of such harm and of the law of transboundary aquifers.
United Nations Commission on International Trade Law
YARDEN RUBINSHTEIN (Israel) welcomed the decision of the United Nations Commission on International Trade Law (UNCITRAL) to task Working Group II with considering the topics of technology-related dispute resolution and adjudication. In 2019, Israel and Japan submitted a proposal to develop tools that better facilitate such dispute resolution. That project has now transitioned from preparatory work to the Working Group stage. She said her delegation looked forward to working with UNCITRAL members and observers on this project, which will result in an innovative outcome reflecting UNCITRAL’s leadership in promoting legal frameworks to support international trade law actors. Noting that Israel was elected in 2022 to serve its fourth consecutive term as an UNCITRAL member, she also said that her country looked forward to working with counterparts to further respond to the needs of the international community in fields such as dispute resolution and insolvency, as well as climate change, should UNCITRAL decide to conduct further work on that important issue.
Protocols Additional to the Geneva Conventions — Victims of Armed Conflicts
MAXIMILIAN GORKE (Austria), aligning himself with the European Union, said that upholding international humanitarian law and enhancing the protection of civilians in armed conflict remains a major challenge, “as we can see on a daily basis”. The international community must do more, he stressed, calling on all States yet to do so to accede to the Additional Protocols. He also underscored that fact-finding is an essential element of ensuring compliance with international humanitarian law. To that end, he welcomed the Human Rights Council’s Independent International Commission of Inquiry on Ukraine and the Moscow Mechanism invoked within the Organization for Security and Cooperation in Europe (OSCE) to document violations of such law in Ukraine. He also voiced his support for the International, Impartial and Independent Mechanism for Syria and the Independent Investigative Mechanism for Myanmar, both which contribute to gathering evidence for future prosecutions. He further detailed Austria’s efforts relating to this topic, including its training for armed forces in international humanitarian law and human rights.
MARTÍN JUAN MAINERO (Argentina) said that not all the challenges of implementing international humanitarian law related to a legal vacuum. Rather, there was a lack of compliance with existing norms. Despite notable progress, the situation on the ground has remained critical with actors involved in hostilities in populated areas using explosive weapons with large-scale effects. He also expressed regret that humanitarian personnel continue to be subjects of such attacks. Underscoring the importance of investigating the facts and ensuring accountability of those responsible for war crimes, he said that, among other efforts, the International Humanitarian Fact-Finding Commission could also enable investigation. He encouraged Member States to accept the competency of this Commission. Furthermore, he noted that dialogue between States and cooperation with the International Committee of the Red Cross (ICRC) could contribute to implementing international humanitarian law, which is crucial for ensuring the protection of civilians.
Ms. NOURID (Monaco), noting that the nature of conflicts around the world has changed, urged States to support cooperation and coordination efforts that aim to protect peace and security. Politization of international humanitarian law constitutes prejudice to the Geneva Conventions and the Protocols and should be avoided. Moreover, non-application, selective application or a “bad interpretation” of international humanitarian law has an impact on the living conditions of the people not participating in the conflict. Since the creation of the Red Cross in Monaco, the Government is working with several organizations, including the Emergency Intervention Fund, Office of the United Nations High Commissioner for Human Rights (OHCHR), United Nations Children's Fund (UNICEF) and the World Food Programme (WFP). She also spotlighted the International Institute of Humanitarian Law, which assists in shaping good understanding of international humanitarian law for officials, diplomats and experts, as well as students coming from countries in cooperation with Monaco.
MOHAMED FAIZ BOUCHEDOUB (Algeria), associating himself with the Arab Group, stressed the pivotal role of international humanitarian law. His country is party to the Geneva Conventions of 1949, and in 1989, it ratified the first Additional Protocol related to the protection of victims of armed conflict and the second Additional Protocol on the protection of victims of armed conflicts that are not international conflicts. The country is working to integrate those texts into its national legislation, he said, highlighting efforts to reflect international humanitarian law in Algeria’s “military judiciary” which is in charge of military courts and prosecuting all the crimes that are ruled by rules of war. Algeria has also created the National Committee on International Humanitarian Law, he said, noting that the Committee is currently a consultative permanent body entrusted with providing guidance to national authorities on all issues related to international humanitarian law.
TOFIG MUSAYEV (Azerbaijan), noting that his country is the main sponsor of the annual General Assembly resolution concerning missing persons and the Commission on the Status of Women resolution on the release of women and children taken hostage, said his country actively cooperates with the ICRC. Further, it regularly conducts international humanitarian law trainings for its military personnel and has taken concrete steps to investigate the alleged breaches of international humanitarian law. Rejecting the information presented by Armenia for the report of the Secretary-General, he said that the so-called “Nagorno-Karabakh” was under Armenia’s unlawful occupation for nearly three decades. During the hostilities two years ago, his country fought against the regular armed forces of Armenia, as well as terrorist and mercenary groups under Armenia’s command and control. Azerbaijan returned all detainees and repatriated 17 Armenian servicemen captured during the recent border escalation. However, there is no evidence that Armenia has investigated or prosecuted the violations of international humanitarian law committed against Azerbaijani victims, he said.
ANNA V. ANTONOVA (Russian Federation) said that the strict implementation of international legal norms by parties to armed conflict serves to protect non-combatants. The norms of international humanitarian law are incorporated into the Russian Federation’s domestic law and measures for the prosecution of crimes against such law are present in the Russian criminal code. Noting that the Russian legal framework is constantly being improved for optimal adaptation to international humanitarian law, she said that her country provides related training to all its military personnel to ensure strict respect for such law in the performance of military duties. This includes instruction on prohibited methods of warfare, such as the murder of civilians and those who have laid down their arms, the use of terror against civilians, indiscriminate attacks and the destruction of cultural assets and places of worship. While welcoming the contribution of the ICRC to the interpretation of international humanitarian law, she stressed that States have the primary role to analyse and interpret such law, which, given its importance, should “not become hostage to politicization”.
YARDEN RUBINSHTEIN (Israel) noted the many challenges for militaries in contemporary armed conflict, including asymmetric warfare, which has become a common concern for many States. Many non-State actors do not consider themselves bound by the law of armed conflict; rather, they systematically violate such rules while abusing democratic, law-abiding States’ adherence to international law. Her country faces such challenges in its northern and southern regions, where terrorist organizations regularly operate from within civilian areas. Such organizations embed their weapons among civilians while regularly targeting Israeli civilians and undermining regional stability and security. On Israel’s northern border, the tension caused by Hezbollah not only destabilizes an already-volatile area, but also places the United Nations Interim Force in Lebanon (UNIFIL) at risk. Against that backdrop, she emphasized that parties contending with such challenges must always comply with applicable rules and that, when seeking to interpret the same, the practice of States involved in asymmetric warfare is indispensable. She reported that her country is not a party to the Additional Protocols and that some provisions therein do not reflect customary international law. Assertions to the contrary made by certain actors lack substantiation in sufficient State practice and opinio juris, she added.
Mr. LASRI (Morocco), noting the importance of the Protocols to the Geneva Conventions, said that his country ratified the two Additional Protocols in 2011. In line with the related Cairo Declaration, it created a National Committee for International Humanitarian Law and entrusted it with assisting Governmental authorities by providing studies and opinions on all relevant issues. The Committee also works on promoting and implementing humanitarian law rules, having elaborated a plan of action defining Morocco’s priorities in this field. Further, to guarantee respect for international humanitarian law rules, cooperation between States must be encouraged to allow for the exchange of relevant experience and expertise. In this regard, his country has signed a number of memorandums of understanding with several African and Arab States. Recognizing the need of more effective intervention, Morocco is cooperating with ICRC to incorporate humanitarian law into its national legislation. In addition, since 2019, his country has, among other things, organized training workshops and seminars on international humanitarian law.
LOUREEN SAYEJ, an observer for the State of Palestine, said that her country, deeply committed to the protection of civilians, adheres to the Geneva Conventions and their Additional Protocols. However, Israel, as the Occupying Power, has remained unaccountable to the Fourth Geneva Convention and its Additional Protocol. She reiterated that humanitarian law shall not be interpreted in such a way that its application is contingent upon acceptance by the belligerent occupant. Noting that the Palestinian people are exposed to the worst forms of collective punishment, she called on the Secretary-General to uphold his obligations and ensure international protection for Palestinians until the end of Israel’s occupation and the State of Palestine’ independence. Stressing that the illegality of Israel’s settlement enterprise is one of the most widely accepted issues in modern international law, she called on the High Contracting Parties to the Geneva Conventions to pursue concrete measures towards enforcing the Conventions. She also called on the Government of Switzerland, in its capacity as depositary of the Geneva Conventions, to reconvene a Conference of High Contracting Parties to the Fourth Geneva Convention on measures to enforce the Convention and ensure its respect in the occupied State of Palestine.
CHRISTOPHER HARLAND, International Committee of the Red Cross (ICRC), noted that the 1949 Geneva Conventions and their Additional Protocols contain provisions that are extremely relevant to the current multiplying crises. He highlighted the rules regulating the conduct of hostilities, on preventing persons from going missing, and the rule on protecting objects indispensable to the survival of the civilian population or other objects of significant importance for humankind, such as the natural environment and cultural property. Emphasizing the importance of ensuring that these instruments are adequately implemented, he said there are currently 174, 169 and 79 States party to Additional Protocols I, II and III respectively. Calling on States that have not already done so to consider acceding to the Additional Protocols, he also reminded States of the possibility to recognize the competence of the International Humanitarian Fact-Finding Commission as established under article 90 of Additional Protocol I. “The principal cause of suffering during armed conflict is not the lack of rules, but insufficient respect for the law,” he stressed.
Right of Reply
The representative of the Russian Federation, speaking in exercise of the right of reply, said she rejected the “undignified” statements of some delegates. Such discussions are not constructive, she added, stressing that the Sixth Committee is discussing technical issues concerning the participation of States in international human rights conventions, not the situation in individual countries. Highlighting the lack of accountability of the United States and the North Atlantic Treaty Organization (NATO), she recalled that in Yugoslavia - a sovereign country which was violated - more than 700 civilians were killed, including 400 women and children, in three months. Further, during the bombings, the United States forces’ uranium-enriched weapons caused serious cancers later. In Afghanistan, no less than 20,000 were killed, she said, adding that the list continues with Libya, Syria, Yemen and Iraq. “We saw the people killed by you. “Where is the investigative committee that will deal with this?” she asked.
Protection of Diplomatic and Consular Missions and Representatives
MOHAMMAD GHORBANPOUR NAJAFABADI (Iran), speaking for the Non-Aligned Movement, underlined the obligation of all States to ensure the security and safety of the members and premises of diplomatic and consular missions. He expressed concern, however, regarding the continued violation of, and failure to respect, the inviolability of such missions and their representatives. Urging cooperation between such missions and receiving States, he encouraged those States to design practical measures to enhance the protection, security and safety of such missions and representatives and to exchange information regarding serious violations thereof. Where a dispute arises, concerned States should utilize appropriate means for the peaceful settlement of disputes.
He went on to underscore the critical role played by host countries of United Nations headquarters and offices in preserving multilateralism and facilitating multilateral diplomacy along with inter-Governmental norm-making processes. He therefore called on such host countries to facilitate the presence of Member States’ representatives in relevant United Nations meetings in accordance with their obligations under the relevant United Nations headquarters agreements and the Vienna Convention on Diplomatic Relations. He added that the provisions of these agreements apply irrespective of the bilateral relations existing between Governments and the host country.
SIMONA POPAN, representative of the European Union, in its capacity as observer, recalled that receiving States must take all appropriate steps to protect the premises of diplomatic and consular missions pursuant to the Vienna Conventions. Spotlighting that two additional States became participants to the relevant instruments for diplomatic protection since last year’s session, she stressed that the safety and inviolability of the premises of such missions are imperative for building trust and nurturing multilateralism among nations. Any violence against such missions contravenes the principles and rules of international law, particularly that of sovereign equality.
She also emphasized that the archives and documents of diplomatic and consular missions are inviolable at all times. Further, the receiving State is obliged to permit and protect such missions’ free communication for all official purposes, as this is a core tenant of the Vienna Conventions and is invaluable for the successful work of any mission. Noting that some countries continue to implement stringent measures in response to the COVID-19 pandemic, she called on all States to ensure that any such measures are fully in line with the receiving State’s obligations. States should quickly amend any existing measures incompatible with the Vienna Conventions to bring their COVID-19 response into compliance with their international-law obligations.
JOAQUÍN ALBERTO PÉREZ AYESTARÁN (Venezuela), speaking for the Group of Friends in Defense of the Charter of the United Nations, associated himself with the Non-Aligned Movement. Recognizing that diplomatic and consular missions’ work was strictly linked to their safety and security conditions, he expressed deep concern about the rising violence against diplomatic and consular mission representatives and premises. Condemning such attacks, he urged host countries to carry out the corresponding investigations and hold those responsible to account. In this regard, he recalled that it was the duty of host countries to take appropriate measures to prevent harmful acts against diplomatic and consular missions.
He also underlined the importance of ensuring adequate conditions for permanent missions and permanent observer missions to the United Nations to guarantee their effective functioning. He spotlighted the impact of unilateral coercive measures on the ability of diplomatic and consular missions to exercise their duties and responsibilities. Such “illegal measures” have a direct impact on the proper functioning of diplomatic missions in some countries. In cases where banking services are not provided as a result of such unilateral and coercive sanctions, some States might be unable to honour their financial commitments to the respective international organizations to which they are Members.
VIRPI LAUKKANEN (Finland), also speaking for Denmark, Iceland, Norway, and Sweden, expressed great concern that diplomatic agents and premises keep falling victims to attacks in the receiving States despite the general recognition of the special duty to protect them. Commending the report of the Secretary-General, she noted that such reporting is important to raise awareness about violations encountered by the sending States and the measures taken in response by the receiving States. Moreover, such reporting serves as a preventative measure. She pointed out that an obligation to protect foreign emissaries exists in the legal systems of all cultures and constitutes one of the cornerstones of international relations, aimed at protecting the communication channels between States.
Underscoring that receiving States should ensure and provide full facilities for diplomatic and consular missions, she urged States to honour their obligations to provide protection to foreign missions. She also urged them to do their utmost to prevent such attacks from taking place on their territory. Such attacks must be fully investigated and prosecuted, she added. In this regard, States are also encouraged to engage in dialogue with diplomatic missions on their territory to find the most effective ways in ensuring the full protection of diplomatic premises and representatives. Condemning all acts of violence on diplomatic missions and injuries suffered by their staff, she stressed that such violations and attacks can never be justified and must not go unaddressed.
ZAHRA ERSHADI (Iran), associating herself with the Non-Aligned Movement and Group of Friends in Defense of the Charter of the United Nations, underlined the role of diplomatic missions and envoys in the conduct of relations among States and for the fulfilment of the principles of the Charter. Her country has made every effort to provide a peaceful environment for the performance of the functions of such missions on its territory. However, unfortunately, some of Iran’s diplomatic and consular premises have been the target of acts of violence within certain European countries, including Norway, Belgium, Greece, Germany, Bulgaria, the Netherlands, Italy and Sweden. Such well-organized violence is part of a larger campaign that some States have been waging against Iran. She also pointed to the forceful intrusion of Iran’s diplomatic and consular premises in Tirana after the unilateral severance of bilateral relations by the Government of Albania. In addition, she highlighted acts of violence against her country’s premises in Iraq and Afghanistan, due to the provocations among local populations by the diplomatic missions of a number of specific countries accredited to those countries authorities.
PAVEL EVSEENKO (Belarus), associating himself with the Non-Aligned Movement and Group of Friends in Defense of the Charter of the United Nations, said diplomatic missions and envoys help maintain a minimum of trust between all members of the international community. Failure to protect them can cause the breaking of diplomatic channels of communication, he added, noting that his country has recently experienced such violations against its diplomatic and consular missions abroad. Belarus has submitted detailed information on this to the Secretary-General's report on this theme, he said, condemning such acts that undermine the security and functioning of diplomatic and consular missions and representatives. Diplomacy is the only means for cooperation between States and between international organizations. Therefore, protecting diplomatic and consular missions and observing their immunity and privileges is crucial to ensure normal international relations. Calling on the international community to take effective measures in this area, he stressed that members of the diplomatic community are also obliged to restrain from the abuse of privileges and immunities.
DAVID BIGGE (United States) called on all Governments to take all appropriate steps to protect the premises of diplomatic missions against any intrusion or damage; prevent any disturbance of the peace of such missions; and to prevent any attack on such missions’ members. As the nature and circumstances of attacks on diplomatic and consular personnel have evolved, so too must preventative and protective measures. Any steps necessary and appropriate to protect a mission – and thus required of the receiving State – depend on the potential threats to a particular mission in that State. He also pointed out that not everything is within a host State’s control and, in such cases, “what matters is that States respond promptly and robustly to incidents that occur”. The international community has a vital stake in the protection of diplomats and diplomatic missions “because diplomacy is the foundation of international relations”, he said.
ANCONA BOLIO (Mexico), underscoring the importance of the principle of inviolability of embassy and consular premises, said that the same extends to furnishings and other property located therein, as well as missions’ means of transport. States bear the obligation to protect against intrusion and damage and to prevent any attacks on or disturbance of the peace of such missions. Failure to do so gives rise to international accountability for the host State. He went on to note that “undue incursions” include not only the physical occupation of spaces, but also the surveillance of diplomatic premises with unmanned aerial vehicles and the excessive presence of police or military personnel disrupting the work of diplomatic staff. This latter situation is always unjustifiable, particularly when it arises in response to a dissonance in bilateral relations. He also said that archives and documents – in both hard and soft copy – are protected by the principle of inviolability, spotlighting new challenges posed by technology’s vulnerability to cybercrime.
AHMED ABDELAZIZ AHMED ELGHARIB (Egypt), associating himself with the Non-Aligned Movement, underscored that providing required protection to diplomatic and consular missions and their officials by the receiving State is a basic requirement in line with the respective Conventions. He reiterated the need for the receiving State to adopt effective measures to prevent any threats or attacks affecting the work of missions or any attacks the dignity of their members. Also underlining the need to fully respect the immunities provided under the Vienna Conventions, he called on receiving States to refrain from requesting members of the foreign missions to appear before national courts as witnesses when prosecuting such attacks, unless in exceptional circumstances provided by the two Conventions. He stressed that the national legislations and courts should take into account the special nature of diplomatic and consular missions. However, this should not affect accountability for the attacks on diplomatic and consular missions and their members.
LI KAI (China) noted that receiving States must not only refrain from infringing on diplomatic and consular missions, but also protect them from intrusion by third parties. States should adopt respective legislative, administrative and judicial measures and take proactive preventive measures. His country has actively taken measures to protect missions, including by providing armed police guards for those diplomatic premises as needed. In addition, China shares information on security risks and handles emergencies involving diplomatic missions. Unfortunately, Chinese diplomatic missions have experienced security threats and violations; some embassies and ambassadorial residences have been plagued by prolonged and unlawful disruptions. He noted with regret that, in those cases, the Governments of the receiving States have not taken effective measures to stop the disruptions. Further, some of China’s embassies received bomb threats and their diplomatic events experienced violence. However, the perpetrators have not been punished as they should. In addition, some diplomatic officials fell victims to false accusations and their immunities were challenged.
EGRISELDA ARACELY GONZÁLEZ LÓPEZ (El Salvador), stressing the importance of complying with all regulations and the Conventions concerning diplomatic protection, said that all States must take steps to prevent attacks on the peace and dignity of diplomatic staff and premises. These Conventions are underpinned by the principles of the Charter, including sovereignty of States, she said, adding that her county has established legislative measures to prevent, investigate and prosecute illegal acts in this area. Such measures include criminal law regulations providing for serious penalties for attacks on the individual freedom of persons under special protection, she said, adding that the Department for Protocol of El Salvador’s Foreign Affairs Ministry and the national police address all requests made by missions. “Our authorities have told us that they have met all of the requests put forward,” she said, adding that the national civil police will channel the investigations towards the right authorities.
MATÚŠ KOŠUTH (Slovakia), aligning himself with the European Union, expressed his country’s commitment to the Vienna Conventions, as well as other applicable rules of diplomatic and consular law. Turning to the two incidents that the Russian Federation included it its submission regarding his country, he said that Slovakia has adopted several measures to enhance the protection and safety of the Russian Federation’s Embassy in Bratislava in accordance with article 22 of the Vienna Conventions. There is a permanent security presence around the Embassy as well as heightened security patrolling in the vicinity of its premises. In addition, safety barriers have been placed along the main entrance to the Embassy, he said, adding that his country adopted these measures on its own initiative. All the incidents which were reported to Slovak authorities by the Russian Federation Embassy have been promptly investigated, he said.
ALIS LUNGU (Romania), aligning herself with the European Union, noted that the report on this topic reflects three incidents submitted by the Russian Federation concerning its diplomatic and consular missions and representatives in Romania. She underscored that her country is committed to taking all appropriate measures in a timely manner. Noting that Romania submitted a written contribution, circulated to all Member States on 13 September, detailing the measures undertaken in each of the three reported incidents, she asked for this to be included in the next report on the topic as it was not in the present one. She went on to say that the Russian Federation’s unprovoked military aggression against Ukraine, including attacks against the capital, poses serious risks to the safety and security of all diplomatic and consular missions and representatives present there. Last week, a Russian missile struck only 850 metres away from the Romanian Embassy in Kyiv. She called on the Russian Federation to comply with all rules of international law applicable during armed conflict.
MORA FONSECA (Cuba), associating himself with the Non-Aligned Movement, condemned the violent acts against diplomatic and consular missions and representatives cited in the Secretary-General’s report. These adversely impact cooperation and relations between States and violate international law. All necessary measures must be adopted to prevent the commission of similar crimes in the future and those responsible must be tried by the relevant State. Recalling that the Cuban Embassy in Washington, D C., was attacked on 30 April 2020, he pointed out that, two years after this terrorist act, the United States has yet to try the perpetrator or hold anyone responsible. Further, the Cuban Mission to the United Nations has been subjected to aggressive protests since November 2020 and, despite timely reporting of the same to the authorities of the host country, a response has yet to be received. He stressed that these acts are the direct consequences of the United States Government’s aggressive policy and rhetoric against Cuba, contrasting the climate of peace and safety that exists in Cuba for the discharge of diplomacy by all States.
MICHAEL IMRAN KANU (Sierra Leone) expressed concerns over the declining full adherence to the inviolability of diplomatic and consular missions, particularly in cases, when representatives attend meetings or conferences in States hosting international and intergovernmental organizations. He spotlighted some instances, when diplomats were subject to a full-body or enhanced searches in airports of receiving States. He also noted that the increased use of social media, Internet misuse and the availability at retail of surveillance equipment can cause potential breaches to inviolability of diplomatic and consular missions. He underscored the need to provide protection from illegal surveillance, recording and other forms of interference using remote, handheld or other forms of technology. No serious violations were committed with respect to the protection and security of diplomats accredited to Sierra Leone during the reporting period. He also provided an example of diplomatic and consular representatives being exempted from the nationally imposed monetary restrictions related to the introduction of new currency notes and coins in the country This reflected the importance of allowing them to carry out their activities without those monetary restrictions.
ZACHARIE SERGE RAOUL NYANID (Cameroon) said that if a representative of a diplomatic mission abuses their immunities towards the host State, the latter has the right to take preventive and defensive measures, inter alia, by declaring the individual persona non grata. Host States should immediately prosecute and severely punish the perpetrators of the respective violent acts because an attack on a diplomatic mission is an attack on the security of all nations. Calling for special protection for diplomatic and consular officials, he said that his country established a special unit for the safety of diplomats under the Cameroonian police force. Among other things, the unit cooperates closely with the diplomatic and consular missions in Cameroon to adapt specific protection measures for those premises and personnel. He also spotlighted the issue of foreign individuals who, in the host country, commit acts of violence against politicians from their country of origin. In this regard, he urged that such harassment and humiliation of Heads of States and high-ranking officials stop. Instead, the legal and appropriate frameworks should be engaged to express one’s opinion with mutual respect.
Right of Reply
The representative of Iraq, speaking in exercise of the right of reply, responded to the statement made by the delegate of Iran. During the protests in the Basra Governorate, her Government sent reinforcements there to maintain order and curb the impact on diplomatic missions and representatives. Iraq strives to uphold its international commitments, she said, adding that the authorities worked to protect the General Consulate of Iran in that city. They sent 50 police officers to protect the Consulate “but there was a reaction beyond our control,” she said, noting that this led to some damage to the premise. The relevant authorities held a meeting to look into the measures taken and to prevent other future incidents. Further, an investigative committee led by the head of the army conducted investigations into the incident. Local authorities in Basra have provided another building to the Iranian Consulate, she said, reaffirming Iraq’s commitment to protecting all consular and diplomatic missions working in its territory.