Open debate on the protection of civilians in armed conflict
Statement by the PR of the Argentine Republic, Amb. María Cristina Perceval
Mr. President,
At the outset, allow me to congratulate you on the Korean Presidency of the Security Council. I would also like to recognize the convening of this open debate on the protection of civilians in armed conflict.
As in every open debate on the subject, Argentina reiterates that it is necessary that the Security Council remains committed to the protection of civilians in armed conflict, with the promotion of full respect of international law –in particular international humanitarian law, human rights law and refugee law-, and with the fight against impunity.
Argentina attaches great value to the Report presented by the Secretary General (S/2012/376) and to the recommendations contained therein. Unfortunately, the Report is clear when stating that “the abysmal state of the protection of civilians has changed little”. Therefore, it is imperative to remember that parties to an armed conflict are bound by the basic rule of international humanitarian law providing that civilians must be protected from the effects of conflict. Such obligation, contained in common article 3 to the four 1949 Geneva Conventions is also applicable in the context of armed conflicts of a non international character, i.e. to non-State combatants.
Mr. President:
Argentina shares with the Report that the first basic challenge is the promotion of compliance of international humanitarian law. The principles of distinction and proportionality are crucial. Also, we need to highlight the basic norm providing that non-compliance by one party in a conflict does not justify non-compliance by the other.
Regarding the promotion of compliance, it is important that Member States remain committed to the dissemination of the obligations imposed by IHL. In Argentina, IHL has been included as one salient branch of international law in the programmes of study of several law schools, as well as in the training courses for the armed forces. Also, Argentina adheres to a joint initiative known as “Reclaiming Protection of Civilians in International Humanitarian Law”, one of which tasks is the promotion the compliance of IH through practical recommendations. The delegation of Norway, in its statement, will make reference to such initiative.
Mr. President,
Action by the United Nations is crucial for the protection of civilians in armed conflict, and also to prevent the commission of genocide, war crimes, ethnic cleansing and crimes against humanity, and to prevent the continuation of their occurrence, when take place. Mi country shares the Secretary General’s observations regarding the distinction between the protection of civilians in armed conflict and the responsibility to protect. Nevertheless, to avert the commission of serious violations of humanitarian law and the commission of the four crimes of the RtoP, prevention is key. In that regard, we highlight the importance of full respect for human rights law and international humanitarian law.
Regarding action by the Security Council, my delegation wishes to underline the need that peace-keeping operations comply with international humanitarian law, as well as the need for continue to include protection activities in the mandates of UN missions in the field. Those mandates have to be clear and such missions need to be provided the necessary resources in a timely and effective manner. In what relates to the components, it is important to provide the necessary structure and staff to be able to protect women and children from violence, in particular sexual and gender-based violence.
Argentina, in cooperation with the ICRC, has developed training courses for the armed forces, with an emphasis in those that form part of Argentine contingents of UN peace-keeping operations, and –through the Commission on the Application of IHL (CADHI)- has drawn up a manual of international law of armed conflicts, which compiles IHL the norms of humanitarian law for the conduct of armed forces in operations.
Mr. President,
As regards humanitarian assistance, parties to a conflict must do every effort to ensure the effective and timely access of humanitarian assistance, including cargo and materials. Such an assistance enjoys special protection by IHL. Also, medical staff and vehicles, as well as hospitals, enjoy such protection.
Fact-finding is another aspect Argentina deems to be crucial. Impartial mechanisms are essential for determining the facts on violations of humanitarian law and human rights law. In addition to ad hoc fact-finding commissions –including those established by the Human Rights Council- we would like to highlight the role of the International Fact-Finding Commission, created by virtue of Protocol I to the 1949 Geneva Conventions. Argentina welcomes that, following the provisions of Resolution 1894 (2009), the Security Council recognizes once again, in the PRST to be adopted, the possibility to resort to the Commission.
Mr. President,
The suffering of victims of armed conflict usually endures beyond the end of hostilities, as they continue to be victims when they return to their communities. In this context, in addition to the challenges presented by post-conflict situations, we want to refer to the role of justice.
This Council established two international tribunals, the ICTY and the ICTR. At present, the international community is witnessing the consolidation of an international justice system for the most heinous crimes, including war crimes, based not the ad hoc tribunals, but a permanent one. Such permanent tribunal is the International Criminal Court established by the Rome Statute in 1998. We would like to stress the need for cooperation by all states with the ICC, in particular regarding arrest warrants. The Council should establish, as soon as possible, a mechanism to follow up its referrals to the ICC. Argentina welcomes the fact that the PRST to be adopted refers both to cooperation with the international tribunals and to the commitment of the Security Council to do a follow up of its decisions in that regard, something that had been largely expected in the context of referrals to the ICC.
Mr. President,
I would not like to finish without reiterating, once again, that in accordance with international humanitarian law and the resolutions of this Council, attacks of any kind against civilians or other protected persons in situations of armed conflict, as well as the recruitment of child soldiers and obstacles to humanitarian assistance, constitute violations of international law. I would therefore urge the full respect of obligations arising from the 1899 and 1907 Hague Conventions, the four 1949 Geneva Conventions –which acceptance is universal- and their 1977 Protocols, international human rights law, refugee law and the decisions of this Council.
Thank you.