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The use of explosive weapons in populated areas poses an immense threat to civilians worldwide
by UNICEF, ICRC, INEW, agencies
 
Statement by ICRC president Mirjana Splojaric to the first international follow-up conference to review implementation of the Political Declaration on explosive weapons in populated areas - 23 April 2024, Oslo Norway:
 
"Today, from the Democratic Republic of the Congo to Gaza, Sudan, Ukraine and Yemen, we are witnessing a global and collective failure to protect civilians in armed conflicts.
 
The human toll of these wars, exacerbated by the use of heavy explosive weapons in populated areas, is unacceptable.
 
Heavy explosive weapons put at risk everyone – children, women and men – and everything – homes, schools and hospitals – within their wide impact areas often extending well beyond their target.
 
In urban environments where military objectives, civilians and civilian objects are commingled, the results are devastating. The ICRC teams on the ground have seen scores of civilians killed or injured, often left with permanent disabilities or serious mental trauma.
 
Cities are reduced to rubble, with homes, infrastructures, schools and cultural sites destroyed. People's means of earning a living are wiped out.
 
Services essential for human survival collapse, leaving entire populations without access to water, sanitation, electricity or health care – causing more death and disease, triggering displacement and setting development back decades.
 
Importantly, it raises serious questions about how states and non-state armed groups using such weapons are interpreting and applying the rules of international humanitarian law (IHL) that govern the conduct of hostilities.
 
These IHL rules are all about protecting civilians from the deadly dangers of hostilities. They stem from the cardinal principle of distinction that requires all parties to a conflict to distinguish at all times between the civilian population and combatants, and between civilian objects and military objectives. Attacks must not be directed against civilians or civilian objects, and indiscriminate attacks are prohibited.
 
Furthermore, the principles of proportionality and precaution afford protection to civilians and civilian objects against the danger of being incidentally harmed by attacks against military objectives.
 
In the conduct of military operations, constant care must be taken to spare the civilian population and civilian objects. Attacks are prohibited when they may be expected to cause incidental harm to civilians and civilian objects that would be excessive or could be avoided or minimized.
 
And yet, we see exceptions to IHL being made that strip entire categories of people of their protection. We see transactional and reciprocal arguments invoked in an attempt to justify unacceptable interpretations of proportionality, feasible precautions not being taken and other non-compliant behaviors.
 
We see military necessity being increasingly emphasized to the detriment of sparing civilian lives, with far too little regard being paid to the protective purpose of IHL. As parties to armed conflicts interpret these tenets of international humanitarian law with increased elasticity, they set a dangerous precedent with tragic consequences for all.
 
In this respect, we commend the Political Declaration on Explosive Weapons in Populated Areas for stressing the importance of full compliance with IHL as a means to protect civilians and civilian objects and to avoid, and in any event minimize, civilian harm.
 
While there is no general prohibition under IHL against using heavy explosive weapons in populated areas, their use in these areas is very likely to have indiscriminate effects, and, depending on the circumstances, IHL rules may well prohibit such use.
 
This underpins the long-standing call by the ICRC and the broader International Red Cross and Red Crescent Movement to all states and non-state armed groups that are parties to armed conflicts to avoid the use of heavy explosive weapons in populated areas.
 
These weapons should not be used in populated areas unless sufficient mitigation measures can be taken to limit their wide area effects and the consequent risk of civilian harm.
 
The declaration recognizes that, beyond compliance with the law, effectively protecting civilians requires states and parties to armed conflicts to review and improve national policy and practice with regard to the protection of civilians during armed conflict involving the use of explosive weapons in populated areas.
 
The ICRC welcomes this political commitment. The daily reminders from around the world of the devastation caused by urban warfare highlight the declaration's relevance and urgency. However, in the reality of armed conflicts, we must soberly acknowledge that the declaration's life-saving potential will only materialize if:
 
All endorsing states implement the declaration – in letter and spirit. All parties to armed conflict, including non-state armed groups, fully adhere to its commitments, and all warring parties interpret IHL, including its rules on the conduct of hostilities, in good faith, as the protective body of law it is meant to be.
 
Words matter. Political pledges matter. Yet they offer scant consolation to civilians worldwide enduring the horrors of bombardment. What is urgently needed is tangible, on-the-ground change. We call on you all to take concrete steps, here in Oslo and when back in your capitals, to make this change.
 
http://www.icrc.org/en/document/global-and-collective-failure-to-protect-civilians-in-armed-conflict http://blogs.icrc.org/law-and-policy/2024/04/22/protecting-civilians-in-conflict-the-urgency-of-implementing-the-political-declaration-on-explosive-weapons-in-populated-areas/ http://reliefweb.int/report/world/2024-statement-members-ngo-working-group-protection-civilians
 
Apr. 2024
 
Meaningful action to prevent the use of explosive weapons in populated areas could almost halve number of child casualties in conflicts. (UNICEF)
 
Between 2018 and 2022, explosive weapons were responsible for nearly half - 49.8 per cent - of the more than 47,500 instances of children killed and maimed that were verified by the United Nations, in more than 24 conflict zones globally. The vast majority of these instances occurred in populated areas.
 
The use of Explosive Weapons in Populated Areas (EWIPA) poses an immense threat to children worldwide. As urban warfare increases, the use of weapons designed for open battlefields is now a common reality in cities, towns, villages, and other populated areas, with devastating effects on young populations. In the five years up to 2022, explosive weapons killed or seriously injured almost twice as many children as were killed or injured by gunshots and other firearms.
 
“The evidence is irrefutable—when explosive weapons are used in populated areas, children suffer profoundly, not just physically but in every aspect of their lives,” said UNICEF Deputy Executive Director Ted Chaiban.
 
“That the use of explosive weapons accounts for half of all child casualties is not only a reminder of the catastrophic impact and dire consequences for children, but also illustrates the progress that could be made with meaningful action to prevent their use in populated areas.”
 
As countries meet this week in Oslo, Norway, at the first international follow-up conference to the Political Declaration on the use of Explosive Weapons in Populated Areas, which was adopted in Dublin in November 2022, this provides a crucial opportunity to better protect children, their families, and communities from armed conflict.
 
Endorsed by more than 85 countries, the Declaration commits states to take steps to avoid civilian harm when conducting military operations in populated areas.
 
“Thousands of young lives are abruptly ended or forever altered each year,” said Chaiban. “Beyond children’s physical injuries and scars lie additional - often less visible - psychological, educational, and social impacts, that can persist throughout their lifetimes, creating cycles of hardship and suffering.”
 
In addition to direct injuries, the use of explosive weapons leads to broader social, economic and environmental degradation, severely affecting children’s access to essential services like healthcare, education, and clean water. The destruction of infrastructure necessary for survival and well-being results in long-term consequences for children’s development and the health of the community at large.
 
UNICEF is actively working on the ground in conflict zones to mitigate these impacts, delivering critical aid and support to the children most at risk. However, this can only achieve so much, and prevention is a critical aspect of ensuring all children are protected, requiring a robust and sustained international response.
 
UNICEF is calling for:
 
All parties to conflict and those with influence over them, to protect and ensure respect for children’s rights including by ending the use of explosive weapons in populated areas.
 
All Member States to sign the EWIPA Declaration and call on to Member States that are already signatories, to identify and adopt military measures, policies, and practices that reduce harm to children, and share them with other countries.
 
Member States who are signatories to speak out about the devastating impact of EWIPA on children and promote the Political Declaration including by urging warring parties around the world to cease the use of EWIPA.
 
Member States to provide sustained, financial support for programmes and interventions that will protect children from EWIPA including through injury surveillance, conflict preparedness and protection (CPP), explosive ordnance risk education (EORE), clearance, and victim assistance.
 
Member States to refrain from transferring explosive weapons to warring parties that are likely to use them against civilians and civilian objects in line with the Arms Trade Treaty.
 
Member States, international organizations and civil society to gather and share evidence and data, including casualty tracking and mental health, on the direct and indirect impact of explosive weapons on children to support the case for child protection.
 
“The ongoing commitment of global leaders and the implementation of the EWIPA Declaration are critical to turning the tide against the use of explosive weapons in populated areas,” said Chaiban. “As the international community continues to witness the unspeakable harm these weapons cause, we must take decisive action to protect our future generations. The cost of inaction is too high—a price paid by our children.”
 
http://www.unicef.org/press-releases/meaningful-action-prevent-use-explosive-weapons-populated-areas-could-almost-halve http://www.inew.org/news/
 
19 Nov. 2022 (INEW, ICRC)
 
Today in Dublin, Ireland 82 countries officially endorsed the Political Declaration on the Protection of Civilians from the Use of Explosive Weapons in Populated Areas, which had been finalised on 17 June 2022 in Geneva.
 
The declaration is the culmination of a decade-long advocacy effort led by the International Network on Explosive Weapons (INEW), the International Committee of the Red Cross (ICRC), and the United Nations and almost three years of diplomatic negotiations led by Ireland.
 
The civilian harm arising from the use of explosive weapons in populated areas is extensive and well-documented. On average, 90 percent of the people who are killed or injured when explosive weapons are used in populated areas are civilians.
 
Damage to or destruction of buildings, homes, infrastructure, and other civilian objects further exacerbates civilian suffering by disrupting access to services critical for the civilian population, including education and health care, and driving displacement.
 
These direct and indirect effects of the use of explosive weapons in populated areas have affected countless civilians in recent and ongoing armed conflicts across many countries.
 
The use of explosive weapons in populated areas is the leading cause of civilian casualties in armed conflict, and the declaration is the first formal international recognition that this must be addressed urgently and directly.
 
The declaration promotes stronger standards to protect civilians and commits states which endorse it, to take action to implement it by making changes to their national policy and practice, including military policies and operational rules of engagement.
 
The 82 endorsing countries came from all regions of the world and include major producers of explosive weapons, past users of explosive weapons in populated areas, and countries affected by armed conflict.
 
Statement by ICRC President Mirjana Spoljaric, Dublin, November 2022.
 
"It gives me great pleasure to join you here today to mark the adoption of a milestone declaration which emanates from our common goal to improve the protection of civilians from the use of explosive weapons in populated areas.
 
This Political Declaration is a collective achievement with the potential to change the fate of many hundreds of thousands of persons affected by armed conflict around the world. It is a major step towards strengthening the protection of civilians and respect for international humanitarian law where it matters the most.
 
The use of heavy explosive weapons in populated areas is one of the major causes of civilian harm in today's armed conflicts. When fighting takes place in cities, men, women, and children are exposed to unacceptably high risks.
 
Whether in the Middle East, in Africa, Asia, Latin America and now also again in Europe, we continue to witness the devastating pattern of suffering and destruction they cause.
 
Countless lives are shattered, countless victims disabled and traumatized because they happened to be in these weapons' large impact area. Many more suffer, fall ill or even die when a bomb, missile or mortar damages critical infrastructure, cutting off vital services such as water, electricity, sanitation and health care.
 
Entire populations flee to escape bombing and shelling or because life in the ruins becomes unbearable. Many remain displaced for months or even years. Large regions are contaminated by unexploded ordnance long after hostilities have ended. Ultimately, whole generations are scarred, and development indexes are set back by decades.
 
When bombs fall in cities, pain multiplies. Lost lives. Lost limbs. Crumbled homes. Crushed dreams. That's why today's declaration is so important. It brings hope that the immense suffering of civilians will no longer be accepted as an inevitable by-product of warfare.
 
For the first time in an instrument of this kind, States acknowledge the gravity of the problem and commit to taking concrete actions to address it, including by restricting or refraining from the use of explosive weapons in populated areas, where such use may be expected to cause civilian harm.
 
The ICRC welcomes this and the other important commitments in the Declaration. Since 2011, we have been calling on all States and parties to armed conflict to avoid the use of explosive weapons with a wide impact area in populated areas, as a matter of policy, due to the significant likelihood of indiscriminate effects.
 
This is why the ICRC finds this Declaration so important. It sends a powerful signal that belligerents cannot continue fighting in populated areas the way they have until now. This change in mindset and perspective is crucial. Yet, we are only at the beginning of a long process.
 
We must now work together to broaden support for the Declaration and to effectively implement it, turning ambitious commitments into meaningful measures, policies and good practices that will help alleviate human suffering during armed conflicts and in their aftermath.
 
All States have a stake in this effort. We commend the many Governments which have already endorsed the document and strongly encourage all others to do so without delay.
 
For one, as the urbanization of warfare is a global phenomenon, also its consequences are also global. From people displaced by armed conflict to the ripple effects of essential service disruption on food security, the effects of the use of heavy explosive weapons in populated areas transcend borders.
 
Second, the Declaration aims to strengthen compliance with international humanitarian law, which is today direly needed. All States have not only an interest in doing so, but also a legal duty.
 
And third, the Declaration creates an international standard of behaviour. The more States endorse the Declaration, the stronger this standard will become. Let us not forget that, today, no one fights alone. Partnered military operations and other support relationships shape the course of armed conflicts around the world.
 
As more and more States agree to restrict or refrain from using explosive weapons in populated areas, partners and supported parties will eventually be held to the same standard.
 
So today we mark the achievement, but tomorrow we must work harder to put these important commitments into action. We owe this to the innumerable victims of urban warfare, and to our common humanity".
 
Nov. 2022
 
States adopt first ever international agreement to protect civilians from explosive weapons in populated areas. Action on Armed Violence (AOAV)
 
States met at Dublin Castle on 18 November, 2022 to sign the “Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas”. 
 
The landmark agreement addresses the widespread civilian suffering and devastation resulting from the bombing and shelling of cities, towns, and other populated areas.
 
The International Network on Explosive Weapons (INEW) welcomes the declaration and calls on all states to sign and implement it.
 
“This declaration sends a clear message that using explosive weapons in populated areas causes unacceptable civilian suffering and devastation and must stop. It is time for all states to endorse and implement the Declaration to help civilians and their communities during and after conflict”, said Laura Boillot, Coordinator for the International Network in Explosive Weapons (INEW).
 
The Declaration requires states to impose limits on the use of explosive weapons in populated areas, which is the leading cause of harm to civilians in conflicts today.
 
“When explosive weapons are used in populated areas, over a decade of data from AOAV has shown that civilians will be, by far, the most impacted. Around nine out of ten people harmed from such explosive weapon use in towns and cities have been civilians – a consistent finding seen throughout all conflicts in recent years,” said Iain Overton, Executive Director of Action on Armed Violence (AOAV), which runs a global annual monitor.
 
It also requires states to assist victims and affected communities both during and after conflict and to address the long-term suffering that stems from the use of explosive weapons in populated areas. Civilians suffer physical and psychological injury. Damage to and destruction of critical civilian infrastructure interferes with heath care, education, and other services. People are forced to flee the towns and cities in which they live and work.
 
“Nobody thinks about people like me, with no place to hide. This leads to psychological trauma. I was 12, in a wheelchair and terrified, but there was nothing anyone could do. When civilians are bombed it’s not only lives, cities and homes that are lost but also their future. I hope that signing the declaration will not be just a piece of paper – but the beginning of a real change. People suffering in wars around the world need it”, said Nujeen Mustafa, who fled from Aleppo, Syria to Germany.
 
“There is a widespread pattern of harm: when towns and cities are bombed, it is civilians that suffer the most”, said Alma Taslidzan Al-Osta from Humanity and Inclusion. Ethiopia, Iraq, Palestine (Gaza), Syria, Ukraine, and Yemen are recent examples of affected counties.
 
“Children disproportionately suffer the consequences of today’s armed conflicts as city centres are turned into battlefields. This could be a significant step forward to stop the war on children, but the declaration will mean nothing without robust, urgent implementation”, said James Denselow, Head of Conflict at Save the Children, UK.
 
Explosive weapons were designed for use in open battlefields, and are often deadly choices when used in towns, cities and other areas in which civilians are concentrated.
 
“Heavy explosive weapons, which are inaccurate, have a wide blast or fragmentation radius, or are delivered in groups, are a deadly choice for civilians”, said Steve Goose from Human Rights Watch. “Use of explosive weapons with such wide area effects should always be avoided in populated areas.”
 
States that sign the declaration must move quickly to begin the process of implementation. This includes developing policies and practices which limit the use of explosive weapons in populated areas and ensure that the protection of civilians is prioritized in the planning and conduct of military operations.
 
The use of explosive weapons in populated areas is the leading cause of civilian casualties in contemporary armed conflicts, and the Declaration is the first formal international recognition that this must be addressed urgently and directly.
 
http://www.icrc.org/en/document/un-icrc-urge-stepped-up-support-to-protect-civilians-from-explosive-weapons-populated-areas http://www.inew.org/dublin-conference-to-adopt-the-political-declaration-on-explosive-weapons/ http://aoav.org.uk/2022/states-set-to-adopt-first-ever-international-agreement-to-protect-civilians-from-explosive-weapons-in-populated-areas/ http://civiliansinconflict.org/press-releases/civic-urges-immediate-implementation-of-political-declaration-on-explosive-weapons/ http://www.justsecurity.org/84240/80-countries-committed-to-curb-use-of-explosive-weapons/ http://www.hrw.org/news/2022/10/26/safeguarding-civilians
 
http://www.icrc.org/en/what-we-do/war-in-cities http://www.icrc.org/en/document/civilians-protected-against-explosive-weapons http://www.icrc.org/en/explosive-weapons-populated-areas http://www.icrc.org/en/document/addressing-indirect-effects-explosive-weapons http://www.icrc.org/en/publication/i-saw-my-city-die-voices-front-lines-urban-conflict-iraq-syria-and-yemen http://international-review.icrc.org/reviews/irrc-no-901-war-cities http://www.icrc.org/en/war-and-law/protected-persons/civilians http://hi.org/en/a-political-declaration-against-the-use-of-explosive-weapons-in-populated-areas http://civiliansinconflict.org/press-releases/ewipa-2022-statement/ http://civiliansinconflict.org/blog/ewipa-consultations/ http://www.inew.org/press-release-use-of-heavy-explosive-weapons-killing-civilians-in-towns-and-cities-must-be-prevented/ http://reliefweb.int/report/world/political-declaration-strengthening-protection-civilians-humanitarian-consequences-arising-use-explosive-weapons-populated-areas-final-rev-enarruzh


 


In too many conflicts, civilians continue to suffer unacceptable harm
by OCHA, ICRC, Safeguarding Health in Conflict
 
21 May 2024
 
Briefing to the United Nations Security Council on the Protection of Civilians in Armed Conflict by Joyce Msuya, Assistant Secretary-General for Humanitarian Affairs and Deputy Emergency Relief Coordinator on behalf of Martin Griffiths, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator:
 
"This year, we mark 25 years since the UN Security Council added the protection of civilians to its agenda. We also mark the 75th anniversary of the Geneva Conventions of 1949, a cornerstone of international humanitarian law aimed at protecting victims of armed conflict.
 
It is an important moment to reflect on the state of the protection of civilians in armed conflict. And to look at action needed to ensure international humanitarian law and the decisions of this Council are upheld and that civilians are safeguarded from harm.
 
Mr. President, it is with regret that I report to you that the situation of civilians in armed conflict in 2023 was resoundingly dire. It was a year in which we saw the horrors of the 7 October attack by Hamas and other Palestinian armed groups on Israel and the intense Israeli military response in Gaza that resulted in death, destruction and suffering at a pace and scale unprecedented in the recent past.
 
About 75 per cent of Gaza’s population has been forcibly displaced. A man-made famine is looming. Thousands of children have been killed and injured in what UNICEF colleagues have called a “war on children.” An estimated 130 people remain hostage, with ongoing concerns for their humane treatment.
 
In April 2023, we saw the eruption of similarly brutal conflict in Sudan, in which tens of thousands of civilians have been killed and injured. Millions of people have been displaced, acute food insecurity has soared and there have been reports of horrific attacks and inhuman treatment.
 
Conflicts continued to have a grave and lasting impact on civilians in many other places, including the Democratic Republic of the Congo, Myanmar, Nigeria, the Sahel, Somalia, Syria, and Ukraine.
 
The United Nations alone has recorded tens of thousands of civilian deaths in armed conflict over the last year. The use of explosive weapons in populated areas had devastating impacts on civilians across numerous conflicts.
 
In Sudan and Ukraine for instance, United Nations sources indicate that the use of explosive weapons in populated areas was the leading cause of civilian casualties.
 
Across all conflicts, civilians accounted for 90 per cent of those killed and injured when explosive weapons were used in populated areas.
 
Civilians were also severely affected by widespread damage and destruction to critical infrastructure. This disrupted the provision of electricity, water and health care to millions of people.
 
Across 21 conflicts, more than 2,300 incidents of violence and other forms of interference against medical workers, facilities, equipment, transport and patients were recorded.
 
Forced displacement also remained a defining feature of armed conflicts. By mid-year, a record-breaking 110 million people globally were in a situation of displacement due to conflict, persecution, violence and human rights violations or abuses. Sixty per cent were internally displaced.
 
And conflict was the major driver of staggeringly high levels of hunger. Across 19 conflict-affected countries or territories, 117 million people experienced crisis levels of acute food insecurity or higher.
 
In the middle of this, the efforts of the humanitarian community to support and provide for the needs of civilians was severely compromised by widespread constraints on access.
 
Besides active hostilities and logistical challenges, chief among these were the parties’ bureaucratic impediments and an unconscionable number of attacks harming humanitarian workers.
 
In 14 conflicts in 2023, not counting the Occupied Palestinian Territory, 91 humanitarian workers were tragically killed, 120 wounded and 53 abducted. In Gaza alone, the UN Relief and Works Agency for Palestine Refugees in the Near East lost 142 staff members in the violence between October and December.
 
I want to take this opportunity to extend my sincere condolences to the families and loved ones of all civilians, including humanitarian workers, killed in conflict this year.
 
Mr. President, the harm and suffering caused to civilians in 2023 signals an alarming lack of compliance with international humanitarian law and international human rights law.
 
It also indicates that the Council’s protection of civilians resolutions of the last 25 years remain largely unheeded. We must redouble efforts to strengthen compliance by parties to conflict with these obligations.
 
This includes third States taking responsibility for ensuring respect for the rules of war. This entails political dialogue, training and dissemination of policies, and withholding arms transfers where there is a clear risk that arms will be used to commit serious violations of international humanitarian law.
 
And whilst some progress was made in 2023, we must continue to strengthen accountability for violations. This must include upholding the independence and impartiality of the International Criminal Court.
 
Mr. President – as the Secretary-General sets out in his report – the reality is that much of the civilian harm we see in today’s conflicts is occurring even when parties claim to be acting in compliance with the law.
 
It is time to complement existing measures by adopting a more holistic approach – one that considers the perspective of civilians and takes into account the complex, cumulative and long-term nature of the full range of civilian harm in conflict.
 
We have already seen some important waypoints on this journey. The Political Declaration on Explosive Weapons in Populated Areas and the 2015 Safe Schools Declaration are both good examples of ways that States can commit to the greater protection of civilians in armed conflict, complementing their compliance with international humanitarian law. We urge all States to endorse these instruments and implement them in full.
 
We urge them to follow the steps taken by some national and regional authorities in developing and adopting proactive protection of civilians policies, aimed at better understanding and mitigating civilian harm.
 
And we need States, parties to conflict, UN actors, international and civil society organizations to reflect on how we can further develop and implement the full protection of civilians approach.
 
Security Council-mandated United Nations peace operations have protected and saved countless civilian lives. Security Council resolutions on the protection of medical care in armed conflict and on conflict and hunger have given important focus and urgency to these issues. Yet in too many conflicts, civilians continue to suffer unacceptable harm.
 
The Security Council and Member States must demand and ensure compliance with international humanitarian law, international human rights law and the Council’s resolutions.
 
And, if it is to have any real meaning for the millions of civilians affected by conflict, it is time to go above and beyond compliance: to strive for the full protection of civilians against the full range of harms they are suffering on our watch.
 
http://www.unocha.org/news/un-deputy-relief-chief-appeals-security-council-full-protection-civilians http://reliefweb.int/report/world/2024-statement-members-ngo-working-group-protection-civilians http://www.icrc.org/en/document/icrc-president-people-caught-in-armed-conflict-need-actions-not-words http://news.un.org/en/story/2024/05/1150051 http://www.undocs.org/S/2024/385 http://www.unocha.org/events/protection-civilians-week-2024 http://reliefweb.int/report/world/security-council-adopts-resolution-calling-states-respect-protect-united-nations-humanitarian-personnel-accordance-international-law http://www.unocha.org/latest/news-and-stories
 
Feb. 2024
 
(Speech given by Mirjana Spoljaric, President of the International Committee of the Red Cross, at the 55th session of the UN Human Rights Council, Geneva).
 
As flagrant violations of international humanitarian law regularly occur, Mirjana Spoljaric underlines the relevance of the Geneva Conventions - setting clear limits to violence in war – and urgently calls upon States to make international humanitarian law their political priority, to respect principled humanitarian action and personnel and to preserve peace.
 
"People living in armed conflicts are suffering beyond what words can describe. They barely survive in the rubbles of their cities and in overcrowded camps. They die in hospitals under attack.
 
Women agonize giving birth because basic essential medicine and services are missing. Children grow up hungry and with constant fear. Persons with disabilities cannot flee because of inaccessible warnings, shelters, and evacuations.
 
Families struggle with the pain of not knowing the fate of their loved ones – missing, detained or held hostage.
 
The immense destruction and despair should not let us forget: Wars have rules. International human rights law and international humanitarian law share a common objective – to protect the lives and dignity of all human beings.
 
75 years ago, states voluntarily agreed to be bound by these laws. Their rules remain relevant and utterly clear. 75 years ago, states rallied around a humanitarian imperative to control the behavior of warring parties and a shared interest to set limits to violence in war.
 
Today, the Geneva Conventions are ratified by all States. They form the strongest international consensus.
 
However, challenges to the relevance and effectiveness of international humanitarian law are evident:
 
Violations regularly occur under the watch of the international community. Exceptions to its application are created. Reciprocity and transactional arguments are invoked to justify disrespect for the rules of war and basic values of humanity.
 
The continuous suffering in armed conflicts does not point to the ineffectiveness of international humanitarian law but to the non-compliance by warring parties and states that support them.
 
Besides the letter of the law, I must recall the fundamental values on which international humanitarian law was founded. First and foremost, humanity.
 
The Geneva Conventions were created to preserve a minimum of humanity in even the most difficult situations, to prevent the dehumanization of the other, and to help maintain a pathway back to peace.
 
Second and equally importantly, equality. Equality, as the fundamental notion of humanity, is everywhere we look in modern international law. Humanity and equality are enshrined in the UN Charter, the Universal Declaration of Human Rights, as well as the Geneva Conventions. All speak to the dignity, worth and equal rights of all individuals.
 
Irrelevant of the side of the frontline they find themselves in, the lives and dignity of every civilian is of equal worth.
 
Both the International Committee of the Red Cross and the Human Rights Council work towards ensuring states uphold these fundamental values.
 
As President of the ICRC, I will seize every opportunity to urge you:
 
First – to make compliance with international humanitarian law your political priority. It is your collective responsibility to prevent and reduce the cost of war by implementing international humanitarian law and ensuring its respect around the world.
 
Protecting our shared humanity means not only upholding the letter of the Geneva Conventions but also its spirit.
 
Second – to protect and preserve neutral, independent and impartial humanitarian action and personnel. Respect our neutrality and enable our independence, as they are our best tools to access those in need and to influence the behaviors of those who hold power and weapons.
 
However, international humanitarian law alone will never ensure the safety and dignity of people. Principled humanitarian action alone will never be enough to alleviate all the suffering. They will not change what war intrinsically is: an assault on our common humanity.
 
Therefore, my third urgent call to you is to do your utmost to preserve peace, avoid the escalation of violence and ensure that conflict does not become the norm".
 
http://www.icrc.org/en/document/icrc-president-spoljaric-destruction-despair-should-not-let-us-forget-wars-have-limits http://www.icrc.org/en/document/global-and-collective-failure-to-protect-civilians-in-armed-conflict
 
International community must end impunity for violence against Healthcare in Conflict, says Safeguarding Health in Conflict Coalition
 
Governments and international agencies must do more to end impunity for violence against healthcare, campaigners have urged, as a new report shows that attacks on healthcare during conflicts reached a new high in 2023.
 
The report from the Safeguarding Health in Conflict Coalition (SHCC), an umbrella organisation of health and human rights groups, documented 2,562 incidents of violence against or obstruction of health care in conflicts across 30 countries—over 500 more than in 2022.
 
The group pointed out that the 25 percent rise on the previous year came as tens of millions of people in conflict-affected countries were already suffering from war, massive displacement, and staggering deprivation of food and other basic needs.
 
But beyond the inevitable suffering such violence against healthcare causes, the report’s authors highlighted that one consistent feature of the attacks was the continued impunity for those perpetrating them.
 
They say that despite repeated commitments, governments have failed to reform their military practices, cease arms transfers to perpetrators, and bring those responsible for crimes to justice.
 
And they have now called on national leaders and heads of international bodies, including UN agencies, to take strong action to ensure violence against healthcare is ended.
 
“There has to be a change in how we ensure accountability for violations of international humanitarian law when the protection of health care and health workers is not respected because current mechanisms do not provide adequate protection. We need to ask some hard questions,” Christina Wille, Director of the Insecurity Insight humanitarian association, who helped produce the report, told IPS.
 
Attacks on healthcare have become a prominent feature of recent conflicts—the SHCC report states that the rise in attacks in 2023 was in part a product of intense and persistent violence against health care in the occupied Palestinian territories (oPt), Myanmar, Sudan, and Ukraine.
 
And human rights groups have increasingly drawn attention to the deliberate targeting of healthcare facilities and medical staff by attacking forces.
 
Hospitals and other medical facilities are designated as protected civilian objects under international humanitarian law and it is illegal to attack them or obstruct their provision of care. Ambulances also have the same status.
 
This designation does not apply if the hospital or facility is used by combatants for purposes deemed harmful to an enemy, but even then, an attacking force must give warning of its attack and allow for an evacuation.
 
But in many conflicts, forces seem to be increasingly ignoring this.
 
The SHCC report highlights that right from the start of two new wars in 2023, in Sudan and the conflict between Israel and Hamas, warring parties killed health workers, attacked facilities, and destroyed health care systems.
 
Meanwhile, attacks on health care in Myanmar and Ukraine continued unabated, in each case exceeding 1,000 since the start of the conflicts in 2021 and 2022, respectively, while in many other chronic conflicts, fighting forces continued to kidnap and kill health workers and loot health facilities.
 
At the same time, the report identified a disturbing new trend of combatants violently entering hospitals or occupying them as sites from which to conduct military operations, leading to injuries to and the deaths of patients and staff.
 
SHCC Chair Len Rubenstein said that in many conflicts, the conduct of combatants revealed “open contempt for their duty to protect civilians and health care under international humanitarian law (IHL)” and specifically highlighted how Israel, “while purporting to abide by IHL, promoted a view of its obligations that, if accepted, would undermine the fundamental protections that IHL puts in place for civilians and health care in war.”
 
“The report highlighted a lot of disturbing trends—there seemed to be no restraint on attacking hospitals right from the start of conflicts, we also saw for instance, a rise in hospitals being taken for military use, and it was also very disturbing to see children’s medical facilities being deliberately targeted,” he told IPS.
 
“These trends highlight the need for leadership [on increasing accountability]. Accountability for attacks on healthcare is not a silver bullet—accountability for murder does not stop all murders, for instance – but no consequences are a guarantee of further violations,” he added.
 
Christian de Vos, Director of Research and Investigations at Physicians for Human Rights (PHR), which is a member of the SHCC, suggested a lack of accountability for attacks on healthcare in previous conflicts had emboldened certain forces to do the same in new wars.
 
“This goes back to the historical evolution of attacks on healthcare and the consequences of impunity. The patterns of attacks on healthcare that Russian forces, together with the Syrian government, perpetrated in the Syria conflict have a lot of links to how Russia has fought its full-scale invasion of Ukraine,” he told IPS.
 
In its report, the SHCC has made a number of recommendations to help end attacks on healthcare and hold those behind them accountable.
 
These include UN and national authorities and the International Criminal Court (ICC) taking new measures to end impunity, strengthening prevention of conflicts, improving data collection on attacks at global and national levels, bolstering global, regional, and domestic leadership—especially through the WHO and UN—on protecting healthcare, and supporting and safeguarding health workers.
 
Some of these plans would also see a key role played by local actors, including NGOs and other groups active in healthcare and human rights.
 
SHCC admits, though, that some of these are likely to be hard to implement.
 
“Our recommendations are aspirational and we accept that their implementation could be difficult in the context of the inherent difficulties of conflicts, but there are some areas where we think definite change could be achieved,” said Wille.
 
She explained that developing capacity for local health programmes to be more security and acceptance conscious could be strengthened.
 
“There is a need for training for the healthcare sector on how to understand, approach, and manage security and risk in conflict. Such support should be given to those responsible for overseeing plans for healthcare provision in conflicts so that services continue to be provided but with as much safety as possible,” she said.
 
She added that governments could also make a real difference by pushing to ensure ‘deconfliction’—the process by which a health agency announces to all parties who they are, where they work and what they are doing, and how it can be recognized and which in return receive assurances that they will not be targeted is adhered to by all sides in a conflict.
 
“Such mechanisms exist, however, at the moment, far too often they are not respected or applied in several conflicts. Governments can insist on the implementation of de-confliction, and this would also be a great help,” she said.
 
However, if significant change is to be made in ensuring accountability for attacks on healthcare, experts agree that it can only be done with strong political commitment on the issue.
 
“We have seen over the years that there hasn’t been this commitment and what we need is a strong commitment that will go beyond just words and statements condemning these attacks to real concrete action,” Rubenstein said.
 
He stressed that the massive, targeted destruction of healthcare seen in some recent conflicts had changed the wider political perception of the effects of such attacks.
 
“What has changed is the knowledge of the magnitude of these attacks and the enormous suffering they bring, not just directly at the time of the attacks but long after as well. This knowledge can stimulate the kind of leadership we need on this,” he said.
 
De Vos said that especially the Israel-Hamas war and the prominence of attacks on healthcare in that conflict had “shown clearly the devastation and suffering such attacks cause.”
 
“This might bring about the change in will to ensure accountability that we would like to see,” he said.
 
But while there may be optimism among experts around the chance for such change, they are less positive about the prospects for any reduction in the volume of attacks on healthcare in the immediate future.
 
“Unfortunately, the trajectory is not a positive one—there’s no ceasefire in Gaza, the war continues in Ukraine, and conflict is ongoing in the places where we have seen the most of these attacks on healthcare. It’s a pretty grim state,” said De Vos.
 
http://www.ipsnews.net/2024/05/international-community-urged-to-end-impunity-for-violence-against-healthcare-in-conflicts/ http://safeguarding-health.com/ http://www.msf.org/attacks-medical-care http://www.globalr2p.org/resources/resolution-2286-protection-of-civilians-s-res-2286/
 
Human, economic and social costs of small arms and light weapons violence: Selected global data. (International Action Network on Small Arms)
 
Concerns about the widespread availability and illicit trade of Small Arms and Light Weapons (SALW) and related ammunition have been raised over decades in various fora, including in numerous United Nations reports. In his New Agenda for Peace, which addressed the threats involving all types of weapons, the UN Secretary-General reported that “small arms and light weapons and their ammunition are the leading cause of violent deaths globally, in conflict and non-conflict settings alike.” He has also repeatedly warned members of the Security Council about the scourge of illicit arms flows.
 
This Briefing Paper provides selected global data and figures to highlight the massive global scale and impacts of violence and destabilization committed with small arms and light weapons (SALW) in both conflict and non-conflict settings, including the enormous economic and social costs arising from the illicit circulation, diversion, frequent misuse and inadequate regulation of such weapons and their ammunition.
 
The huge global cost in lives and livelihoods can be gleaned by considering various estimates. In July 2023 UN Secretary-General reported that: "From 2015 to 2021, an estimated 3.1 million people lost their lives as a result of intentional homicides, a shocking figure which dwarfs that of the estimated 700,000 people who died in armed conflicts during the period.”
 
In December 2023 he added that: "According to the latest figures, 260,000 people were killed by small arms in 2021 alone, amounting to 45 per cent of all violent deaths — more than 700 people daily, or one person dying from small arms every two minutes.”
 
A large proportion of deaths in armed conflict situations were committed or facilitated through the use of SALW. In addition, from 2015 to 2021, organized crime accounted for around 700,000 deaths. Considering that in 2021, 47 per cent of reported homicides committed with a known mechanism world-wide involved the use of firearms, it is reasonable to assume that deaths committed and facilitated with SALW, both directly and indirectly over the past decade, amounted to millions of lives lost.
 
http://iansa.org/human-economic-and-social-costs-of-small-arms-and-light-weapons-violence-selected-global-data-june-2024/


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