Intervention by the Permanent Representative of the Argentine Republic, Amb. Martín García Moritán

May 25th

Mr. President,

I wish to thank Uruguay and congratulate Foreign Minister Nin Novoa for organizing this debate, and to thank also the Secretary-General, the Vice-President of the International Committee of the Red Cross and the Deputy Executive Director of Human Rights Watch.

We thank the Secretary-General for his first report on this subject (S / 2017/414) and we value his recommendations and his three protection priorities described there. Again we must regret the fact that, according to that report, civilians continue to constitute the majority of victims in conflicts. The lack of distinction between combatants and the civilian population results in civilians killed, wounded and displaced, and situations in which serious impediments and even attacks on access to humanitarian assistance exist.

It is therefore necessary for the Security Council to remain committed to the protection of civilians in armed conflict through the promotion of full respect for international law, in particular respect for international humanitarian law, international human rights and refugee law, as well as the fight against impunity.

In this context, it is imperative to recall the obligations arising from the four Geneva Conventions of 1949, their 1977 Additional Protocols, the Hague Conventions of 1899 and 1907 as well as customary international law.

It is also necessary to continue to include and strengthen civil protection activities in the mandates of United Nations field missions. In that regard, and in line with the recommendation of the report of the Independent High-level Panel on Peace Operations, also recognized in the C-34 reports, we understand that the protection of civilians in PKOs is an integrated effort across the mission which requires, as a first essential measure, close cooperation between military, police and civilian components, in coordination with local governments and communities and humanitarian organizations in the field.

With regard to humanitarian assistance, parties to a conflict must make every effort to ensure effective and timely access to humanitarian action, including cargo and materials. This type of assistance enjoys special protection under international humanitarian law, and it is therefore a matter of concern that in many situations there are obstacles to the access of humanitarian assistance or even mere denial.

Under international humanitarian law and the resolutions of this Council, attacks of any kind against civilians, schools, cultural property and places of worship, as well as obstructing access to humanitarian assistance, constitute a violation of international law. We regret that one year after the adoption of Res. 2286 (2016) we must reiterate that medical and hospital personnel cannot be targeted and condemn numerous cases in which this has occurred.
In this context we also express our gratitude and support for the recommendation of the Secretary-General to accede to the Declaration on Safe Schools, in support of which my country had the honor of organizing the Second International Conference in March of this year in Buenos Aires.

The Security Council must continue to be committed to the protection of civilians in armed conflict, including by considering particular situations, as it has done for children, women or journalists, and to remain committed to promoting respect for international law and to end impunity for grave violations committed against civilians. In this regard, Argentina believes that there is a preventive role for accountability mechanisms. Impartial mechanisms are essential for investigating violations of international humanitarian law and human rights. In this regard, I would like to highlight the work of the International Humanitarian Commission of Inquiry provided for in Protocol I of the Geneva Conventions of 1949.

Also in relation to the need to strengthen accountability by those responsible for heinous crimes, Argentina wishes to emphasize the role of the International Criminal Court. In particular, we recall that according to its Statute, the Court has jurisdiction over attacks against medical personnel, hospitals and places where the sick and injured are grouped together, and against buildings, medical equipment, units and means of transport. States parties to the Rome Statute need to adopt appropriate standards to that end, and cooperation of all States with the Court is essential.

The existing legal framework for the protection of civilians should be translated into concrete results on the ground. The Council should strengthen its efforts to explore how best to do so.