Open Debate on the Protection of Civilians in armed conflict.
Statement of the Chargé d’Affaires a.i. of the Argentine Republic, Minister Mateo Estrémé
25 June 2012.
Mr. President,
Allow me at the outset to congratulate you on the People’s Republic of China Presidency of the Security Council for this month. I would also like to thank you for convening this open debate on the protection of civilians in armed conflict.
The protection of civilians in armed conflict is an issue to which the international community, including my country, continues to attach a high importance. As every time the Council considers this issue, Argentina expresses its disappointment at civilians still suffering deeply and in alarming numbers the consequences of armed conflicts.
It is necessary, therefore, that the Security Council remains committed to the protection of civilians in armed conflict, to the full respect of international law, in particular humanitarian law and human rights law, as well as to the fight against impunity.
Argentina would like to start by underscoring, once again, the value and significance of the 1949 Geneva Covenants, which represented a remarkable step forward from the dehumanization the international community had experienced. Six decades on, conflicts continue to exist, and civilians continue to be the target of attacks, with unacceptable casualties among civilians, the recruitment of children, abuses which include those of a sexual nature, the displacement of thousands and even millions of people, and constraints to access to humanitarian assistance. Many of these situations are exhacerbated by impunity.
Mr. President,
Argentina would like to recognize the Secretary General for its Report S/2012/376 and for the recommendations therein contained.
The Report clearly states that, after the 2010 Report (S/2010/579), it is to regret that “the abysmal state of the protection of civilians has changed little”. Among the violations of international humanitarian law that continue to be the rule it mentions attacks that do not distinguish between combatants and non-combatants, disproportionate attacks, the displacement of civiliand within and beyond borders, violence against women and children –including sexual violence, which seems to be a common feature of armed conflicts-, resort to air strikes –even from unmanned aerial vehicles-, and actions that impede or restrict the provision of humanitarian assistance, including deliberate attacks to hospitals and humanitarian operations.
Mr. President,
It is necessary to remind that parties to an armed conflict are bound by the basic norm of international humanitarian law providing that civilians must be protected from the effects of the conflict. This obligation, enshrined in article 3 common to the four 1949 Geneva Covenants is also applicable to armed conflicts of non an international nature, that is to say, to contendants that are not of a State nature.
Argentina agrees that the first basic challenge is to promote compliance of international humanitarian law. The principles of distinction and proportionality are crucial, and their being respected could also decrease the number of displaced persons. It is also necessary to remind that non compliance by one party to the conflict does not justify non compliance by the other one.
Action by the United Nations is key for the protection of civilians in armed conflicts, as well as to prevent genocide, war crimes, ethnic cleansing and crimenes against humanity, and stem their occurrence. Argentina shares the comments made by the Secretary General regarding the distinction between the protection of civilians in armed conflict and the responsibility to protect. But, it should be borne in mind that to avoid the posibility of the occurrence of both violations of humanitarian law in armed conflict and the four crimes of the RtoP (war crimes, crimes against humanity, genocide and ethnic cleasing) prevention is key, and to that end respect for international law –in particular human rights law and humanitarian law- is crucial.
As regards action by the Security Council, my delegation wishes to underline two elements referred to in the report of the Secretary General.
i. First, the need that peace-keeping operations comply with international humanitarian law. PKOs and the protection of civilians are under the direct oversight by the Security Council. As stated before by my delegation, Argentina is convinced of the need to continue to include the protection of civilians in the mandates of UN missions, that such mandates are drew up clearly, and that operations are provided the necessary means in an effective and timely manner. Interaction with the components on the ground is important for ensuring that mandates are not only clear but also –and more importantly- adequate for the circumstances the peace-keeping operation will face. Also, it is necessary to intensify the training in humanitarian law of the staff of those missions. I would like to add, regarding the composition of components, that the appropriate structure must be provided for the protection of women and children from violence –in particular from sexual violence-, from the recruitment of children, and to be able to contribute to the rehabilitation of child soldiers.
ii. Secondly, strict compliance with the mandates given by the Security Council is key. The report makes reference to the concerns raised by Resolution 1973 (2011) with regard to the perception that its application went beyond the protection of civilians. Beyond the fact that Argentina believes that the use of force for the protection of civilians must be the ultima ratio, we agree that when the Security Council approves authorizations or mandates their implementation must not only comply with international humanitarian law –in particular the principles of distinction and proportionality- and with international human rights law, but also be strictly limited to ensuring the protection of civilians.
Regarding humanitarian assistance, this is another critical issue on the protection of civilians in armed conflict. Parties to a conflict must make every effort to ensure that humanitarian assistance –including consignments and material- reaches the affected civilians. Such assistance enjoys special protection under international humanitarian law. Also, the safe transit of persons fleeing from combat areas must be granted so that they can be safe from hostilities. We must express concern at the information regarding not only constraints to humanitarian assistance, but also to deliberate attacks to hospitals and other means of assistance.
Mr. President,
Another important element regarding which my delegation agrees with the report is fact-finding. Argentina would like to reiterate that in addition to the ad hoc fact-finding or investigative commissions that can be established, including those by the Human Rights Council, the International Fact Finding Commission established under Protocol I to the 1949 Geneva Covenants provides an impartial means for elucidating the facts that could entail serious violations of the Covenants. We welcome that through its resolution 1894 (2009), the Security Council has foreseen the possibility of recurring to the Commission to obtain timely, objective, sound and reliable information, and we call on the Council to recourse to it. Finally, on practical terms, securing evidence for fact-finding commissions or for justice must take place in a timely manner so as to contribute to elucidating the facts and accountability.
As regards victims of armed conflicts, their suffering can endure long after the cessation of hostilities, as they continue to be victims within their own communities, where they –in particular women and children- are stigmatized and sometimes subject to retaliation. In this context, we need to highlight the role of justice. Individuals who commit war crimes, genocide or crimes against humanity are responsible for the most serious crimes, and therefore must be held accountable before criminal justice.
This Council established two international tribunal, the Tribunal for the former Yugoslavia and the Tribunal for Rwanda, and at present we are heading towards an international criminal justice system for the most serious crimes based not on ad hoc tribunals but rather on a permanent court. That permanent court, which is fully fuctioning, is the International Criminal Court created by the 1998 Rome Statute and which this year is commemorating its tenth anniversary. In March 2012, the ICC issued its first judgement, by which Thomas Lubanda was found guilty of the war crime of recruiting children under 15 years of age to engage in hostilities in the Democratic Republic of the Congo. But several ICC indictees are still at large. We call on all States, Parties and non Parties to the Rome Statute, to cooperate with the Court, in particular in relation to the execution of arrest warrants.
Mr. President,
I would not like to end without recalling that in accordance with international humanitarian law and the resolutions of this Council, attacks of any kind to civilians and other protected persons in armed conflict, as well as the recruitment of children and constraining the provision of humanitarian assistance constitute violations of international law. Therefore my country calls for full compliance with the obligations arising from the 1899 and 1907 Hague Conventions, the four 1949 Geneva Covenants and their 1977 Protocols, as well as with general international law and the decisions of the Security Council.
Thank you