The UN Secretary-General’s (UNSG) annual report to the UN Security Council on the protection of civilians in armed conflict was issued this week, with this year marking the 25th anniversary of the Security Council’s consideration of the item on its agenda. The report reviews the global state of the protection of civilians, outlining the devastating impact that armed conflict has on civilians, characterised by high levels of death, complex injury, mental and physical trauma, and widespread displacement.

Widespread civilian harm resulting from the use of explosive weapons in populated areas

The UNSG Antonio Guterres reiterated his long-standing concern over the use of explosive weapons in populated areas, and reaffirmed his call for states to endorse the 2022 Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas.

The UNSG notes that in 2023, almost 30,000 civilians were killed and injured by the use of explosive weapons in just six conflicts: Gaza, Myanmar, the Sudan, Syria, Ukraine and Yemen, and that civilians accounted for 90% of those killed and injured when explosive weapons were used in populated areas. Notably, urban areas were more affected than previous years with bombing and shelling reported in towns and cities.

Hails the Political Declaration on Explosive Weapons as a waypoint towards the full protection of civilians

In the 2023 New Agenda for Peace, the UNSG reiterated his call for all States to strengthen the protection of civilians in populated areas, including by taking combat out of urban areas; and that States who are yet to should endorse the Political Declaration. 

The UNSG further states that in line with the Declaration, States should review and revise existing, or develop new, military policy that is in line with the Declaration and the principle of avoiding the use of explosive weapons in populated areas due to the high likelihood of civilian harm. Guterres notes that endorser States should “ensure that their armed forces adopt and implement policies and practices to avoid civilian harm by restricting or refraining from the use of explosive weapons in populated areas, when such use may be expected to cause harm to civilians or civilian objects.” The UNSG also encourages States to fulfil their commitment to seek adherence to the Declaration’s provisions by all parties to armed conflict. In particular, arms exports or transfers to parties to conflict could be conditional on implementation of the Declaration’s provisions and respect for international humanitarian and human rights law.

In tandem, the UNSG hails the Political Declaration as an important manifestation of the “full protection of civilians approach”, as proposed in the report. This is an approach that recognizes that protecting civilians is an ongoing and evolving challenge and goal, and that seeks to strengthen compliance and accountability while, importantly, also seeking to understand the complexity of civilian harm and identify effective legal, policy and operational responses to address it.

The UN Security Council debate on the protection of civilians

The UNSG’s report will be discussed by the Security Council and states  on 21 May 2024 at the Council’s annual debate on the protection of civilians. The debate will give states the opportunity to express concern over the use of explosive weapons in populated areas and the devastating pattern of harm it has on civilians and civilian infrastructure. It is imperative that states use this opportunity, given the current context of high levels of civilian harm from explosive weapons in contemporary conflicts, in particular in Gaza, Ukraine, Myanmar, Sudan and many other contexts.

In our latest briefing paper prepared for the Security Council debate, INEW encourages states to:

• Continue to publicly acknowledge and call for action to address the severe harm to individuals and communities from the use of explosive weapons in populated areas, both direct and indirect.
• Endorse – if not already the case – the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas by writing to the government of the Republic of Ireland via its permanent missions in Geneva or New York or by emailing: ewipa@dfa.ie
• Encourage other states to endorse the Declaration in order to promote its adoption and implementation by the greatest number of states, including through convening or participating in discussions at the regional/sub-regional level.
• Assess the steps required at the national level to implement the Declaration, including in the areas of military policy and practice, victim assistance/humanitarian access, and data collection. 
• Encourage other states to endorse the Declaration in order to promote its adoption and implementation by the greatest number of states.

Further recommendations can also be found in the NGO working group’s 2024 statement on the protection of civilians here.

PoC Week Event on Explosive Weapons and the Political Declaration

As part of “PoC Week”, INEW and its partners will convene a high-level panel discussion on the humanitarian impact of the use of explosive weapons in populated areas and the role of the political declaration in addressing it. The speakers include:

• Amb. Fergal Mythen (Moderator),  Permanent Representative of Ireland to the United Nations
• H.E. Merete Fjeld Brattested, Permanent Representative of Norway to the United Nations
• Ms. Mirjana Spoljaric Egger, President of the International Committee of the Red Cross (ICRC)
• Ms. Edem Wosornu, Director for Operations and Advocacy, United Nations Office for the Coordination of Humanitarian Affairs (OCHA)
• Dr Hamza al-Kateab. Doctor, Human Rights Activist, Action for Sama
• Ms. Camilla Molyneux, Representative for the International Network on Explosive Weapons (INEW)

It will take place on 23 May from 08:30 – 10:00 ET, at the Permanent Mission to Ireland to the United Nations, in New York, as well as online. Read more and register for the side event here: https://bit.ly/4dAsvhD