Saudi Arabia has acknowledged the harm caused by the use of explosive weapons in populated areas (EWIPA) and committed to action against it.
Statements
Saudi Arabia addressed the use of EWIPA in 2014, as part of the ‘Friends of Syria’ group where the group of states issued a communiqué.[1]
As a member of the Organisation of Islamic Cooperation, Saudi Arabia aligned with the World Humanitarian Summit Core Commitments to ‘Uphold the Norms that Safeguard Humanity’ in May 2016, including the commitment “to promote and enhance the protection of civilians and civilian objects, especially in the conduct of hostilities, for instance by working to prevent civilian harm resulting from the use of wide-area explosive weapons in populated areas, and by sparing civilian infrastructure from military use in the conduct of military operations.”[2]
Saudi Arabia participated in the Vienna Conference on the Protection of Civilians in Urban Warfare in October 2019.[3]
Political declaration
Saudi Arabia participated in the second round of consultations for a political declaration on the use of EWIPA in Geneva in 2020,[4] when it indicated support for mentioning states that fight “terrorism” in section 2 of the draft political declaration.[5]
As a member of the Arab Group, Saudi Arabia participated in the round of consultations that took place in 2021.[6] In that occasion, the Arab Group highlighted the following points:
- There is no agreed definition of “populated areas”.
- The political declaration overlooks use of human shields.
- Existing IHL rules and principles must be applied fully and effectively to protect civilians.
- The aim of this declaration is to strengthen protection of civilians through enhancing existing IHL, not by establishing new rules, concepts, or mechanisms.
- The use of explosive weapons with wide area effects is already subject to IHL rules of distinction, proportionality, precaution and the contradiction with these principles, not the weapons themselves, is what makes some attacks unlawful.
- The Arab Group expressed concern that the declaration would stigmatise explosive weapons use.
- Any reference to non-state actors should be confined to IHL, without prejudice of self-determination and resistance to foreign occupation and aggression.
- “There is no agreed definition of the terms “Populated Areas” and “reverberating effects”, which are unclear and open to conflicting interpretations. The term “critical civilian infrastructure” that appears in paragraph 1.2 similarly lacks clarity. Moreover, it is not clear which are the “other relevant stakeholders” mentioned in paragraph 4.1 that are to be engaged in international cooperation and assistance efforts among armed forces. The Group wishes to highlight that explosive remnants of war are already regulated under an existing framework”.[7]
[1] INEW (2014). ‘INEW Briefing Paper Ahead of UNSC Protection of Civilians Debate, 12 February 2014. https://www.inew.org/inew-briefing-paper-ahead-of-unsc-protection-of-civilians-debate-12-february-2014/.
[2] Organisation of Islamic Cooperation (OIC). Agenda for Humanity. https://agendaforhumanity.org/stakeholder/233.html.
[3] “Vienna Conference marks turning point as states support negotiation of an international political declaration on explosive weapons”, International Network on Explosive Weapons (INEW), October 2019, https://www.inew.org/vienna-conference-marks-turning-point-as-states-support-negotiation-of-an-international-political-declaration-on-explosive-weapons/.
[4] Ray Acheson, “Impacts, not intentionality: the imperative of focusing on the effects of explosive weapons in a political declaration”, 14 February 2020, https://reachingcriticalwill.org/news/latest-news/14658-impacts-not-intentionality-the-imperative-of-focusing-on-the-effects-of-explosive-weapons-in-a-political-declaration.
[5] Ray Acheson, “Impacts, not intentionality: the imperative of focusing on the effects of explosive weapons in a political declaration”, 14 February 2020, https://reachingcriticalwill.org/news/latest-news/14658-impacts-not-intentionality-the-imperative-of-focusing-on-the-effects-of-explosive-weapons-in-a-political-declaration.
[6] Ray Acheson, “Report on the March 2021 consultations on a political declaration on the use of explosive weapons in populated areas”, Editorial: Stigmatising and stopping explosive violence for the protection of civilians, March 2021, https://reachingcriticalwill.org/news/latest-news/15213-report-on-the-march-2021-consultations-on-a-political-declaration-on-the-use-of-explosive-weapons-in-populated-areas.
[7] Arab Group (2021). ‘Statement–EWIPA Political Declaration Informal Consultations’. https://reachingcriticalwill.org/images/documents/Disarmament-fora/ewipa/declaration/statements/3March_Arab-Group.pdf.