2022 Meeting of the High Contracting Parties to the Convention on Certain Conventional Weapons - EU Statement

Mr. President,

I have the honour to speak on behalf of the European Union.

The Candidate Countries North Macedonia, Montenegro, Ukraine and the potential candidate country Bosnia and Herzegovina  and Georgia align themselves with this declaration.

I would like to begin by congratulating Poland on its assumption of the Presidency of the CCW Meeting of High Contracting Parties and assure you of the EU’s full support. I would also like to take this opportunity to thank France for its skilful chairing of the Review Conference last year.

The EU recalls that the CCW and its Protocols are an essential and integral part of International Humanitarian Law (IHL) and reiterates the commitment of the European Union and its Member States to respect and comply fully with IHL, as well as to continue implementing fully the EU Guidelines on the promotion of compliance with IHL. The EU emphasises the importance of the universalisation of the Convention and its Protocols, which remains a top priority and supports all efforts to this end. We call upon all countries that have not yet done so to join them as soon as possible.

The EU underlines that the CCW is a unique international forum gathering diplomatic, legal and military expertise. In light of the particular challenges of weapons deemed to be excessively injurious or to have indiscriminate effects, this expertise has previously led to the adoption of prohibitions or restrictions on the use of specific weapons, such as incendiary weapons, as codified in Protocol III, as well as to prohibitions on the use of specific weapons, such as reflected in Protocol IV on blinding laser weapons. The Convention offers, inter alia, a flexible way to respond to new developments in weapons technologies and to support the implementation of an essential part of IHL, which contributes to preventing and reducing the suffering of both civilians and combatants

In addition, we need to underline the importance of transparency and confidence building in the implementation of the CCW and its Protocols and encourage High Contracting Parties to complete detailed reports on a regular basis. We are also fully committed to mainstreaming a gender perspective into all disarmament, non-proliferation and arms control efforts, including by promoting women’s meaningful participation in the CCW and other disarmament fora.

In this context, the EU welcomes the work done over the past years by the Group of Governmental Experts on Lethal Autonomous Weapons Systems and acknowledges its substantial contribution and ongoing efforts to find common understanding of this complex issue. The EU underlines that the CCW is the relevant international forum in this regard, and that we expect it to deliver results, given that the topic of Lethal Autonomous weapons systems is an important topic that should be addressed taking into account operational, legal, technological aspects and bearing in mind ethical perspectives. The EU emphasises that it is important that the GGE continues its efforts, according to its mandate, building on past achievements to allow for progress. We need, therefore, to address these issues with urgency as the research and development of new weapons technologies progresses at a rapid pace.

The EU remains committed to pursue its efforts in the GGE with a view to ensuring that the outcome reflects the necessity of compliance with International Law, in particular International Humanitarian Law, taking into account relevant ethical considerations. Human beings must make the decisions with regard to the use of lethal force, exert control over weapons systems that they use and remain accountable for decisions over the use of force in order to ensure compliance with International Law, in particular International Humanitarian Law across the life cycle of these weapon systems. We believe that a two-tier or dual track approach to weapons systems based on emerging technologies in the area of LAWS merits further consideration. This approach is based on the prohibition of systems that cannot be used in compliance with IHL, and the regulation of other types of systems featuring autonomy in order to ensure the compliance with the rules and principles of IHL.

The EU remains deeply concerned about the continued severe global impact of Improvised Explosive Devices (IEDs) and their indiscriminate use and effects, in particular in the perpetration of terrorist acts and the use of IEDs by non-state actors. In this context, we welcome the updated political Declaration on IEDs adopted last year by the High Contracting Parties to CCW Amended Protocol II and remain in full support of the relevant United Nations General Assembly Resolutions.

The EU highlights the humanitarian impact and the heavy consequences on social and economic development caused by the indiscriminate and disproportionate use of Mines Other Than Anti-Personnel Mines (MOTAPM). While acknowledging that MOTAPM are legitimate weapons, Parties are obliged to ensure that they are used in accordance with IHL, including by taking all feasible precautions, to protect civilians from the effects of these weapons. The EU urges States Parties to further discuss how to ensure compliance with Amended Protocol II, also with respect to MOTAPM. MOTAPM should therefore remain on the CCW agenda in order to ensure that High Contracting Parties can continue to consider the matter in a constructive and transparent manner.

The EU remains concerned about the reported use of incendiary weapons against civilians or against targets located within a concentration of civilians, their indiscriminate use causing cruel effects and unacceptable suffering. We call on all States not yet party to join Protocol III of the Convention, which prohibits in all circumstances to make the civilian population as such, individual civilians or civilian objects the object of attack by incendiary weapons and we urge all States to fully comply with its provisions. We regret that Protocol III issues were removed from the CCW agenda because of the opposition by one High Contracting Party and we request to have them back next year. Our work is based on the clear understanding, that appropriate time has to be allocated to allow a structured debate on the implementation of the Convention and all of its Protocols.

Mr. President,

We face one of the most significant challenges to global peace and security. Russia's unjustifiable, unprovoked and illegal war of aggression is an affront to everything we work for here. We condemn in the strongest possible terms Russia’s gross violation of Article 2 (4) of the UN Charter and the use of anti-personnel landmines and cluster munitions as well as the use of other explosive weapons, such as rockets and artillery shells or improvised explosive devices (IEDs) directed against civilians in Ukraine. The EU actively supports the work of the International Criminal Court in ensuring accountability for the most serious international crimes.

We recall that the Independent International Commission of Inquiry on Ukraine confirmed in its report of 18 October to the UN General Assembly (A/77/533), that war crimes, violations of human rights and international humanitarian law have been committed in Ukraine since 24 February 2022 by in particular Russian armed forces.

We demand the Russian Federation to immediately, completely and unconditionally withdraw all of its military forces from the territory of Ukraine within its internationally recognized borders.

I thank you, Mr. President.