Arms Transfers Must Be Transparent, within International Legal Frameworks, Senior Disarmament Official Tells Security Council
Several Delegates Call Repeated Meetings by Russian Federation Distraction from Moscow’s Own Violations
The Security Council discussed the transfer of arms supplies to Ukraine today, with some members voicing concern over potential unwarranted diversion of weaponry and calling for effective measures to prevent this, while speakers also said that the meeting’s call was a distraction from the Russian Federation’s own procurement of weapons from other countries.
The Director and Deputy to the High Representative for Disarmament Affairs, Adedeji Ebo, said that amid expanding provision of arms and ammunition to Ukraine, their transfer must be transparent and within international legal frameworks and have provisions for controls to prevent their irregular transfer.
“The supply of weapons and ammunition into any armed conflict situations raises significant concerns about the potential escalation of violence and the risks of diversion,” he said. Measures to counter such diversion “will be key to post-conflict recovery and regional security and stability, as well as to conflict prevention in other regions,” he added.
He urged Member States to utilize various United Nations instruments to increase transparency, such as the UN Register of Conventional Arms, and to prevent diversion through instruments such as the Arms Trade Treaty, the Firearms Protocol, the Programme of Action on Small Arms and Light Weapons and its International Tracing Instrument.
Briefing the Council, political satirist and civil rights activist, Randy Credico, relayed what he had witnessed of the conflict in Ukraine and his consequent concerns about more arms entering the country. He recounted being in Donetsk, moments after a university had been shelled by a United States-made missile. “They hit the university and as emergency medical services carry out the wounded and dead, they shell the place again 20 minutes later, causing maximum damage to those who are helping.” He recalled United States President Joseph R. Biden’s recent address on “the attacks in Israel and the genocide in Gaza”, in the middle of which he was “hustling Americans to shell out more money so they can kill more civilians to create more jobs”.
In the ensuing debate, several delegates criticized the Russian Federation for calling the meeting and for receiving arms from Iran and the Democratic People’s Republic of Korea. Concern was also raised whether arms transfers to Ukraine are correctly controlled and monitored.
The representative of the Russian Federation, holding up military fragments from several shells, detailed how each was recovered and its country of origin, pointing to them as physical evidence of the West’s supply of weapons that are actively used to strike civilian infrastructure. Detailing the impact of Ukrainian strikes, including against hospitals and Donetsk neighbourhoods, he said all that is a tragic consequence of the massive supply of lethal weapons. The United States and its allies are eagerly increasing military supplies to Ukraine “to weaken Russia” and because of their “most ordinary desire to profit”, he continued. The Western elites continue to look the other way regarding corruption in Ukraine, he added.
The representative of the United States said the Russian Federation undermines the Council’s credibility when it calls repeated meetings to spread false and misleading accusations regarding the assistance from allies and partners in support of Ukraine’s legitimate self-defence. Noting the Russian Federation’s expansion of its military partnership with the Democratic People’s Republic of Korea, he condemned Pyongyang for providing Moscow with military equipment to be used to further attack Ukrainian citizens and civilians.
The delegate of the United Kingdom outlined Moscow’s “flouting of its obligations in arms control and disarmament” over the past two decades, which has accelerated since the Russian Federation’s invasion of Ukraine. In Ukraine, he noted that Moscow had sourced weapons from heavily sanctioned States such as Iran and the Democratic People’s Republic of Korea, showing its “scorn for international cooperation to prevent weapons proliferation” as well as its willingness to violate United Nations Security Council resolutions.
Likewise, Japan’s representative said Member States should refrain from supporting the Russian Federation’s aggression either directly or indirectly. “In this regard, arms transfers from North Korea to Russia which directly violates relevant Security Council resolutions is absolutely unacceptable,” he said. Such transfer would not only exacerbate the situation in Ukraine, but also undermine the non-proliferation regime, he added. “If Russia is truly concerned about the risks posed by the influx of weapons, it should immediately stop the war it started.”
Gabon’s delegate urged a redoubling of efforts to implement international commitments on disarmament, and nuclear non-proliferation. The representative of the United Arab Emirates highlighted the need for effective oversight by national authorities of weapons transfers. He welcomed efforts for stronger arms control in Ukraine and across the region, in particular those stopping any potential diversion of weapons.
Ukraine’s delegate condemned the Russian Federation’s misuse of the Council’s toolbox to divert the 15-member organ’s attention from the war crimes and crimes against humanity Moscow has committed. “What is the value of this discussion?” he asked. If Moscow wants to use that Court’s rulings to support its position, it must start to implement its decisions concerning the Russian Federation itself, particularly the 16 March 2022 order of the International Court of Justice. He noted that Moscow has received Iranian drones for more than a year and is now “ready to kneel down before the North Korean regime to beg for additional weapons and munition to continue its war of aggression against Ukraine”.
THREATS TO INTERNATIONAL PEACE AND SECURITY
Briefings
ADEDEJI EBO, Director and Deputy to the High Representative for Disarmament Affairs, noted that the provision of military assistance to Ukraine’s armed forces has continued in the last couple of weeks, and that over the last months, reported transfers of arms and ammunition to the Ukrainian forces have expanded. Those transfers include heavy conventional weapons such as battle tanks, armoured combat vehicles, combat aircraft, helicopters, large-calibre artillery systems, missile systems and uncrewed combat aerial vehicles, remotely operated munitions, small arms and light weapons and their ammunition. He noted reports of the transfer of depleted-uranium tank ammunition to the Ukrainian forces and of States transferring, or planning to transfer, weapons such as uncrewed aerial vehicles and ammunition to the Russian Federation armed forces, including for possible use in Ukraine. “In this context, I would like to strongly reiterate that any transfer of weapons must take place within the applicable international legal framework, including relevant Security Council resolutions.”
He was worried by reports of the use of anti-personnel landmines and the use and transfer of cluster munitions, calling for an immediate end to their employment. “The supply of weapons and ammunition into any armed conflict situations raises significant concerns about the potential escalation of violence and the risks of diversion. Measures to counter the potential diversion of weapons and ammunition will be key to post-conflict recovery and regional security and stability, as well as to conflict prevention in other regions.” Preventing diversion can only be achieved through strong cooperation and coordination by the international community. “Transparency in armaments is a crucial confidence-building measure which can serve to reduce tensions and ambiguities between Member States.” He urged Member States to utilize various UN instruments to increase transparency, such as the UN Register of Conventional Arms, and to prevent diversion through instruments such as the Arms Trade Treaty, the Firearms Protocol, the Programme of Action on Small Arms and Light Weapons and its International Tracing Instrument.
From 24 February 2022 to 8 October 2023, the Office of the High Commissioner for Human Rights (OHCHR) has recorded 27,768 civilian casualties in Ukraine, with 9,806 killed and 17,962 injured, he said. The actual figures are likely to be considerably higher. The use of armed uncrewed aerial vehicles against civilians and civilian infrastructure has not ceased, he added. He urged compliance with international law and avoidance of the use of explosive weapons in populated areas. “Attacks against civilians and civilian infrastructure are prohibited under international law in Ukraine and in any other conflict setting. All such attacks must stop immediately.”
RANDY CREDICO, political satirist and civil rights activist, relayed what he had personally witnessed of the conflict in Ukraine and his consequent concerns about the potential of more arms entering the country from the United States. He said that, while he felt safe in the UN building, he would be plunged into a state of panic when he left, as he had been placed on a Ukrainian assassination hit list after his trip to Donbas and Moscow in April. He cited a recent report in the Washington Post that said the 22 people on that list were to be “liquidated”, including a schoolgirl from Luhansk. Noting that he is the host of a show on local radio, he said that the station is listener-supported and can speak the truth, unlike corporate media outlets airing “anti-Russia distortions and Russophobia”.
He stated that, during his trip, he went to Moscow, stopping over in Dubai, where he ate what he thought would be his “last good meal”. However, unlike the “doom and gloom” he had heard would prevail in the Russian Federation, following sanctions imposed on it, he did not see signs of economic decay. There, he undertook a crash course in first aid, when he was warned against walking on the grass, as it would be littered with mines. He then went along to Donetsk, moments after a university had been shelled by a United States-made missile. “They hit the university and as emergency medical services carry out the wounded and dead, they shell the place again 20 minutes later, causing maximum damage to those who are helping.”
On his second day, he continued, he witnessed the shelling, with HIMARS missiles, of an open-air market, where women put out flowers for Easter Sunday. On Easter Sunday morning, a Russian Orthodox Church was also hit, killing worshippers, he said. He then went to Mariupol. While there, he visited a café run by two teenage women, one of whom told him about how her relatives and friends were killed during the liberation of Mariupol and before that by Azov forces.
While driving around, he saw mines all around, targeting civilians in Donbas. He recalled United States President Joseph R. Biden’s recent address on “the attacks in Israel and the genocide in Gaza”, in the middle of which he was “hustling Americans to shell out more money so they can kill more civilians to create more jobs”. The products he is proposing American workers make do not benefit the American people, he stressed, deploring that the tragedy in Gaza was being exploited.
Statements
DMITRY A. POLYANSKIY (Russian Federation), holding up military fragments from several shells, detailed how each was recovered and its country of origin, pointing to them as physical evidence of the West’s supply of weapons that are actively used to strike civilian infrastructure. Supplies of Western weapons to the “Kyiv regime” continue, he said, noting that last week, the “Zelenskyy regime” once again “showed the world that it is consciously violating international humanitarian law” by striking at targets used by humanitarian agencies. Detailing the impact of Ukrainian strikes, including against hospitals and Donetsk neighbourhoods, he said all that is a tragic consequence of the massive supply of lethal weapons “produced in NATO” [North Atlantic Treaty Organization]. “...Americans and their allies do not need peace in Ukraine; they need the Kyiv regime only as an instrument to weaken Russia,” he added.
The United States and its allies are eagerly increasing military supplies to Ukraine also because of its “most ordinary desire to profit”, he continued. The Western elites continue to look the other way regarding the colossal level of corruption in Ukraine, he added. He pointed to information that up to 15 to 20 per cent of military products received by Kyiv wind up within the first two weeks in the “grey” and “black” markets. Voicing concern about reports of the European Parliament’s intention to transfer 146 armoured vehicles to Kyiv, confiscated by Operation IRINI in 2022, he said that if implemented, it will contravene Council resolution 2292 (2016) which clearly specifies how confiscated weapons can be dealt with, stressing that they can only be handed to a third party for their destruction.
ADRIAN DOMINIK HAURI (Switzerland) said that the Russian Federation’s aggression against Ukraine is a serious violation of international law. All parties must ensure the protection of the civilian population. To achieve a peaceful solution, the Russian Federation must de-escalate the situation, cease all combat operations and withdraw all its troops from Ukrainian territory. He called for States to respect their obligations with regards to arms deliveries, including in particular relevant Council resolutions. “At a time when the global non-proliferation architecture is already under enormous pressure, it should be strengthened, not weakened,” he said, adding that it is regrettable that the Russian Federation decided to revoke its ratification of the Comprehensive Nuclear-Test-Ban Treaty.
GENG SHUANG (China), noting that the Council has held many such deliberations on the supply of weapons to Ukraine, recalled that the Secretary-General has called for strict control measures to be taken to tackle weapons emanating into conflict zones. He voiced concern over the consequences of the flow of weapons into the battlefields in Ukraine, noting that the situation remains tense, with the risk of spillover. Relevant parties should do their utmost to prevent the proliferation of weapons and prevent them from falling into the hands of terrorists and non-State actors. He called on the international community to facilitate peace talks, and voiced his support for a political settlement, through dialogue and negotiations with all relevant parties.
JOHN KELLEY (United States), recalling that the Russian Federation last called a Council meeting on this issue two weeks ago, said that delegation undermines the 15-member organ’s credibility when it calls repeated meetings to spread false and misleading accusations regarding the assistance from allies and partners in support of Ukraine’s legitimate self-defence. Noting the Russian Federation’s expansion of its military partnership with the Democratic People’s Republic of Korea, he condemned Pyongyang for providing Moscow with military equipment to be used to further attack Ukrainian citizens and civilians. The United States will continue to work domestically and with the Council to identify, expose and counter the Russian Federation’s attempts to acquire arms in violation of Council resolutions, he said, calling on Moscow to recommit to the maintenance of peace and security and to immediately withdraw its forces from Ukraine’s sovereign territory, aligned with its responsibility as a permanent Council member.
DARREN CAMILLERI (Malta) highlighted the risks that an uncontrolled flow of weapons has on regional and international peace. He said: “By calling for another meeting to discuss the transfer of weapons from the West to Ukraine, the Russian Federation continues to cynically distort facts.” He added that this meeting is being called against the backdrop of the Russian Federation’s decision to withdraw its ratification of the Comprehensive Nuclear-Test-Ban Treaty. This undermines the ongoing international non-proliferation and disarmament efforts and the international security architecture. He said the Russian Federation continues to violate international humanitarian law and human rights. The thousands of injuries and deaths have been mostly a result of the use of explosive weapons with wide area effects, and armed uncrewed aerial vehicles. He is concerned about the humanitarian situation. He called for accountability for those responsible for crimes and for the withdrawal of Russian Federation forces.
FERGUS JOHN ECKERSLEY (United Kingdom) stated that he, like the Russian Federation’s delegation, would, by a happy coincidence, would also like to address weapons proliferation. He outlined that country’s “flouting of its obligations in arms control and disarmament” over the past two decades, which has accelerated since its invasion of Ukraine, pointing to its withdrawal from the Conventional Forces in Europe Treaty and announcement that it will withdraw ratification of the Comprehensive Nuclear-Test-Ban Treaty. In Ukraine, he noted that Moscow had sourced weapons from heavily sanctioned States such as Iran and the Democratic People’s Republic of Korea, showing its “scorn for international cooperation to prevent weapons proliferation” as well as its willingness to violate United Nations Security Council resolutions, undermine it, and pose a risk to international peace and security. The Russian Federation has destroyed schools, hospitals, grain silos and energy facilities, among other actions which show its total disregard for human life. However, the weapons provided to Kyiv by his country, among others, are in support of Ukraine’s defence of its territory against Moscow’s illegal invasion, he said, adding: “The only obstacle to peace is Russia.”
CAROLYN ABENA ANIMA OPPONG-NTIRI (Ghana) voiced concern that to date no progress has been made towards peace in Ukraine despite several imperatives of bringing the war to an end. The actions of the parties continue to be driven by a military logic, she pointed out, stressing that peace cannot be worn militarily. She urged Council members, together with support of the international community, to intensify diplomatic efforts to end the war and open channels for dialogue. Only a resolution founded on the principles of international law and the Charter of United Nations can assure sustainable and durable peace between the two neighbouring countries. Voicing unwavering support for the sovereignty, political independence and territorial integrity, as well as the right to self-defence under the Charter, she once again called for the cessation of hostilities and de-escalation of tensions. She also reiterated her call on the Russian Federation to immediately and unconditionally withdraw its troops from the internationally recognized borders of Ukraine.
DOMINGOS ESTÊVÃO FERNANDES (Mozambique) said that the supply of weapons and ammunition to warring parties raises significant concerns about the likelihood of escalation and dispersion. “As the military hostilities drag on, with no clear prospect of a resolution in sight, established norms governing warfare and previously respected red lines are increasingly being ignored.” The warring parties could be inching closer to the dreaded threshold of calling upon their respective allies to join the conflict, he said, urging both sides to respect the principles of distinction, proportionality and precaution in the conduct of their military operations. It is unfortunate that the conflict has been a source of division and indecisiveness in the Council, he continued, adding: “The conflict has plunged the Security Council into a fractious new normal, making consensus more laborious than ever to achieve.”
ALBANA DAUTLLARI (Albania) said that the Russian Federation is misusing the Council for propaganda while it looks to Iran and the Democratic People’s Republic of Korea, among others, for arms. Moscow committed an unprovoked military aggression against Ukraine in violation of the UN Charter and therefore the international community is helping Kyiv to defend itself, in line with the Charter and international law. Noting the recent report of the Independent International Commission of Inquiry on Ukraine, she said that Moscow should have called a Council meeting to discuss that document instead. She went on to say that Albania, alongside the United Kingdom and United States, is calling an Arria-formula meeting, adding: “I look forward to hearing real facts, not propaganda.”
HERNÁN PÉREZ LOOSE (Ecuador) said that he shares the Deputy High Representative’s concerns about the risks represented by the flow of weapons and munitions and supports his recommendations on measures to mitigate those risks. He underscored the need to bolster standards for the marking, registry and traceability of weapons and munitions and to implement any measure aimed at avoiding their diversion. He rejected armed violence, militarization and the arms race, recognized the right to legitimate self-defence and underlined the need to protect civilians, adding that the supply of equipment or defence systems should contribute to protecting civilian infrastructure and the population. He went on to say that the Russian Federation must end to its occupation and allow for a ceasefire that would make it possible to move towards a just and lasting peace.
HAMAMOTO YUKIYA (Japan) said no support should be given to a State that is violating international law and the Charter of the United Nations. It would be particularly unacceptable if support is rendered in violation of existing Council resolutions, he added. Member States should refrain from supporting the Russian Federation’s aggression either directly or indirectly. “In this regard, arms transfer from North Korea to Russia which directly violates relevant Security Council resolutions is absolutely unacceptable,” he said. Such transfer would not only exacerbate the situation in Ukraine, but also undermine the non-proliferation regime which we all value, he added. He urged them to immediately cease all activities that violate resolutions. He said there should be condemnation of violence against civilians and calls for compliance with obligations under international humanitarian law. This war of aggression against Ukraine was launched by the Russian Federation. “If Russia is truly concerned about the risks posed by the influx of weapons, it should immediately stop the war it started.”
NICOLAS DE RIVIÈRE (France), noting that Moscow had called two meetings on the same topic in the space of two weeks, stated that another meeting would not help that country secure acceptance of its rewriting of history, or turn attention away from the daily strikes it is undertaking against civilian infrastructure in Ukraine. The Russian Federation chose to attack Ukraine, he said, citing the International Court of Justice’s 16 March 2022 bid on Moscow to cease its offensive and withdraw its troops. As well, an overwhelming majority of the General Assembly has asked the Russian Federation, multiple times, to end its war of aggression and withdraw its troops. However, more than 20 months in, it continues to wage its destructive war, and is obtaining weapons from Iran and the Democratic People’s Republic of Korea in violation of unanimously adopted Council resolutions, he added, stressing that Ukraine has the right to defend itself, and that France and its partners will lend it support to exercise that right.
EDWIGE KOUMBY MISSAMBO (Gabon) said that international tensions are resurging, but without resorting to the use of the UN Charter’s mechanisms, especially those in Chapter VI. Military ways continue to override diplomacy, including international mechanisms and instruments. Council members have a responsibility to fulfil the organ’s mandate, she stressed, emphasizing that it is “a Security Council, not a war council”. The only way to reverse current trends towards military alliances and the revision by some countries of their armament policies is to stop the war and redouble efforts to implement international disarmament and nuclear non-proliferation commitments. All parties, including international organizations and regional organizations to which the parties in conflict belong, must call for dialogue and negotiations to silence the weapons and guarantee peaceful coexistence, she said.
AHMED ABDELRAHMAN AHMED ALI ALMAHMOUD (United Arab Emirates) said that in this conflict “the prospect of a just and lasting peace seems further away than ever”. He supported efforts to mitigate risks from arms transfers to Ukraine, the region and beyond, including in the safeguarding of weapons in their transfer, storage and deployment. He highlighted the need for effective oversight by national authorities, which is especially important in armed conflict where there might be additional risks. He welcomed efforts for stronger arms control in Ukraine and across the region, in particular those stopping any potential diversion of weapons. Greater cooperation, including information sharing and developing best practices, can help in this.
NORBERTO MORETTI (Brazil), Council President for October, said that the use or threat of use of weapons with increasing lethality and destructive power in Ukraine is a trend which, aggravated by the unacceptable threat of resorting to the nuclear option, hampers a peaceful solution to the conflict. The scale of arms transfers to Ukraine could leave a dreadful legacy for current and future generations, he added, voicing concern over the long-term impact of deployment of landmines in extensive portions of Ukraine and the risk of diversion of weapons and ammunition to criminals and terrorist groups. Underscoring the need to protect civilian nuclear installations, he called on Member States to join the Arms Trade Treaty and uphold the United Nations Register of Conventional Arms. He also urged parties to refrain from transactions that may violate Council resolutions. Brazil reaffirms its commitment to a mutually acceptable peaceful solution and is willing to contribute to efforts to this end, he said.
SERHII DVORNYK (Ukraine) reiterated his country’s condemnation of the Russian Federation’s misuse of the Council’s toolbox to divert the organ’s attention from the war crimes and crimes against humanity Moscow has committed. “What is the value of this discussion?” he asked, noting that since February 2022, the Russian delegation has consistently justified its invasion by referring to the right to self-defence. He recalled that two days ago, that very delegation referred to the ruling of the International Court of Justice to prove that the right to self-defence is inapplicable in the case of the occupying Power, which is “exactly what Russia is with respect to Ukraine”. If Moscow wants to use that Court’s rulings to support its position, it must start to implement its decisions concerning the Russian Federation itself, particularly the 16 March 2022 order of the International Court of Justice.
He noted that Moscow has received Iranian drones for more than a year and is now “ready to kneel down before the North Korean regime to beg for additional weapons and munition to continue its war of aggression against Ukraine”. Ukraine will continue to exercise its right to self-defence in strict accordance with the Charter of the United Nations and will continue to fight until every Ukrainian citizen is liberated and Moscow suffers military defeat in Ukraine. To that end, the Armed Forces of Ukraine will continue direct strikes at all legitimate military targets, he added.
__________
* The 9456th Meeting was closed.