Additional Protocols to Geneva Conventions Protecting Civilians in Armed Conflict Still Relevant, Need to Be Respected, Upheld, Sixth Committee Speakers Declare
As the Sixth Committee (Legal) began its consideration of the Secretary-General’s report on the status of the Protocols Additional to the Geneva Conventions of 1949 today (document A/79/174), speakers underscored those instruments’ continued relevance — and the need to respect their provisions — despite the reality that modern war looks different than it did 75 years ago.
Noting that Switzerland convened the international conferences of diplomats that drew up the Conventions and their Additional Protocols, that country’s representative pointed out that the Conventions are “among the few international treaties to have been universally ratified”, making them binding on all States. International humanitarian law “must be respected by all parties to a conflict — at all times, in all circumstances — even if one of the conflicting parties does not do so,” she declared, adding: “There is no better tool to protect victims of war.”
“The Conventions seek to ensure that, even in the depths of war, there are certain lines that must not be crossed,” observed the representative of Australia, also speaking for Canada and New Zealand. Further, the Additional Protocols are an essential component of international humanitarian law, helping to “alleviate human suffering and ensure lasting transition to peace and stability”, she said. Stressing that States should strive to replicate the universal membership enjoyed by the Geneva Conventions, she urged those that have not yet become party to the Additional Protocols to do so.
Slovenia’s representative concurred, also encouraging States to sign and ratify the recently adopted Ljubljana-The Hague Convention on International Cooperation in the Investigation and Prosecution of the Crime of Genocide, Crimes against Humanity, War Crimes and Other International Crimes. This instrument, she said, fills a legal gap and forms a basis for the provision of legal assistance, extradition and the transfer of convicted persons. To that point, the representative of Poland emphasized: “Fighting impunity is of paramount importance” — not only to ensure that violations do not go unpunished, but also to deliver justice to victims.
“We are at a difficult moment for humankind,” observed the representative of Mexico, underlining the need for States to adopt and strengthen norms to guarantee maximum protection for fundamental rights should armed conflict occur. “To ensure that the implementation of international humanitarian law is achieved, we need to ensure that everyone is aware of it,” added Monaco’s representative, detailing her country’s partnership with the International Institute of Humanitarian Law and the non-governmental organization Humanity & Inclusion. She, like others, also pointed out that the primary challenge to international humanitarian law is compliance with its provisions.
“The pervasive challenge for [that law] is the frequent — and often shocking — failure to respect the existing rules,” said the representative of Ireland. He also pointed to the “very concerning tendency to seek to interpret the rules so permissively that their protective effect is hollowed out”. Further, he noted that his country has signed the Ljubljana-The Hague Convention, underscoring that a strong international criminal justice system is essential to ensuring respect for international humanitarian law and ending a culture of impunity for the most serious international crimes.
Along those lines, the representative of Sierra Leone — a country marked by a brutal civil conflict from 1999 to 2000 — said that, through resilience, reconciliation and a steadfast commitment to justice and peace, “we have emerged stronger”. Recalling recent words by his country’s President — “Sierra Leone has been to hell and back” — he stressed that this experience “drives our dedication to the Geneva Conventions”. While the nature of contemporary conflicts has evolved, and asymmetrical warfare challenges the distinction between combatant and civilian, “the humanitarian principles at the heart of Protocol I must remain intact”.
“With the rise in asymmetrical warfare, many non-State actors violate even the most basic norms of international humanitarian law and cynically exploit the adherence of democratic, law-abiding States to these rules,” said Israel’s representative. Such States, then, are forced into complex moral and legal dilemmas as they strive to uphold their international obligations. Stating that his country “generally recognizes” that rules concerning the conduct of hostilities — distinction, precaution, proportionality — reflect customary international law, he said: “Israel has taken significant measures to reduce harm to the civilian population — particularly in the Gaza Strip — during the ongoing armed conflict.”
However, the observer for the State of Palestine declared: “This Israeli gaslighting and manufacturing of lies and deception is not new in the history of our world or in the history of oppression and colonialism.” Generations of Palestinians have grown up knowing international humanitarian law, “not because of its universality, but because of its violation”. Such law must not be interpreted so that its application is contingent on acceptance by the belligerent occupant, she stressed, as it “protects the interests of civilians — not of belligerents”. She added: “Israeli impunity must be brought to an end.”
Although the nature of conflict is constantly changing, States must, nonetheless, uphold international humanitarian law related to armed conflicts in all circumstances, said Algeria’s representative. “Today, more than ever, we must guarantee the best possible protection afforded to all groups entitled to such protection in armed conflict,” he emphasized, condemning the violations of international humanitarian law against civilians in the State of Palestine.
Kuwait’s representative, for her part, said that the Geneva Conventions’ seventy-fifth anniversary “should not prompt us to celebrate”. Rather, States must reflect on the efficacy of humanitarian principles given the horrors being experienced in the Arab world. While the international community has been unable to stop violations of international humanitarian law there, she detailed her country’s humanitarian assistance to Gaza, including 50 aircraft, 152 trucks and three medical teams. As well, each 6 November, Kuwait participates in the International Day for Preventing the Exploitation of the Environment in War and Armed Conflict — established in 2001 at her country’s initiative.
The representative of Sweden, also speaking for Denmark, Finland, Iceland and Norway, similarly emphasized that protecting the environment is necessary to effectively protect civilian populations in times of armed conflict. She also welcomed a recent report on how gendered harm arising from military operations can be better understood and, thereby, avoided or reduced. Underscoring that intentional attacks on civilian populations and objects violate the laws of war — as does the use of weapons and methods with indiscriminate effect — she declared: “International humanitarian law is clear when it comes to occupation — the occupying Power must ensure the safety and welfare of the population.”
Nevertheless, the representative of the Maldives said that reports of attacks on civilians, destruction of essential infrastructure and restrictions that impede humanitarian aid in the Occupied Palestinian Territory “are stark reminders” that international humanitarian law is not being honoured. Urging Israel to meet its legal obligations and end the suffering of the Palestinian people, he stated: “We must not waver in our commitment to uphold the principles that protect those in the unforgiving theatre of war, where the boundaries of humanity are most severely tested.”
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