EU Statement: Meeting of Experts of the High Contracting Parties on Protocol II on Prohibitions or Restrictions on the Use of Mines, Booby Traps and Other Devices to the Convention on Certain Conventional Weapons (CCW)

Mr. President,

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

The Candidate Countries North Macedonia, Montenegro, Albania[*], Ukraine, and the EFTA country Iceland, member of the European Economic Area, as well as Georgia align themselves with this declaration.

At the outset, I would like to begin this statement by congratulating The Republic of Bulgaria on assuming the leadership of Amended Protocol II during its 2022 session and by commending France and Colombia on their continued dedication and commitment as coordinators to improve international cooperation and coordination on matters relating to Improvised Explosive Devices (IEDs) within the framework of Amended Protocol II.

The European Union and its Member States support efforts to universalise and strengthen the Convention on Certain Conventional Weapons (CCW) and stress the importance of continued compliance with all CCW provisions and annexed Protocols. In this regard, we encourage all States that have not yet done so to join Amended Protocol II.

We fully support this protocol and stress that its purpose is to prevent superfluous injury or unnecessary suffering, and to protect civilians from the use of Mines, Booby Traps and Other Devices. Considering this humanitarian imperative, we cannot ignore in this forum Russia’s unjustifiable, unprovoked and illegal war of aggression against Ukraine. This war of aggression is not only a blatant violation of international law, including the UN Charter, but also a humanitarian catastrophe for Ukraine and its people brought about by the Russian Federation in flagrant disrespect for international humanitarian law and human rights law. The EU actively supports the work of the International Criminal Court and measures to ensure accountability for the most serious international crimes including war crimes, crimes against humanity and crimes of genocide. There can be no impunity for these crimes.

We condemn in the strongest possible terms that Russia is using anti-personnel landmines in its war of aggression against Ukraine. The Russian Federation, bears full responsibility for the loss of life, the human suffering and all the destruction it causes in Ukraine. The EU remains firmly committed in its support to Ukraine and will continue its programmes to support Ukraine in post-conflict mine clearance as well as in victim assistance and rehabilitation. A corresponding programme for Ukraine needs to be urgently developed. The EU encourages all States in a position to do so to follow suit and assist Ukraine in its post-conflict mine clearance efforts in accordance with article 11.3 of AP II as well as the relevant articles of the Anti-Personnel Mine Ban Convention.

We also remain 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. The expanding use of IEDs against civilian populations and infrastructure, including health-care systems, produces alarming humanitarian harm, especially in urban settings, and requires an urgent response from the international community. Efforts to enhance prevention, preparedness and response are needed to tackle the global threat. These efforts require coordination on national, regional and international levels. Decontamination of anti-personnel mines of an improvised nature needs to be done in conjunction with the efforts in other disarmament conventions, such as the Anti-Personnel Mine Ban Convention, which contains an obligation for the States Parties to clear all types of anti-personnel mines.

In this context, we welcome the updated political Declaration on Improvised Explosive Devices adopted last year, welcoming in particular that it recognizes the importance of both women and men in addressing the threat caused by IEDs, and the importance of addressing IEDs to achieve the sustainable development goals. We need to address the negative impact of these attacks on socioeconomic development, infrastructure and freedom of movement and on the security and stability of States to ensure development for all. 

We would like to reiterate our continued support for previous multilateral actions taken by the UN in an effort to combat the harmful effects of IEDs. The EU remains in full support of the relevant United Nations General Assembly Resolutions, aided in the creation of universal awareness of the extensive consequences of the threat of IEDs and the ever-growing importance of a comprehensive, global approach to combat said threat. We also recall that the UN Mine Action Service has established a coordinating task force on a whole of system approach to IEDs, pursuant to Action 18 of the implementation plan of the 2018 UNSG Agenda for Disarmament. We welcome the participation of representatives of security, political, humanitarian, development and counter-terrorist entities which facilitate a common understanding of the threat and improve consistency in the use of relevant terminology.

Furthermore, we would also like to draw attention to the importance of adequate mechanisms for reporting and information-sharing systems between States, international organizations, and the private sector to effectively prevent the manufacture and use of IEDs.

The EU believes that it is crucial to involve and engage private sector bodies in an effort to limit the flow of precursor materials to unauthorized end users. The EU has already undertaken several concrete actions in this regard, in accordance with the European Agenda on Security and, more specifically, in the EU Action Plan against the Illicit Trafficking and Use of Firearms and Explosives.

The overall purpose of the EU-wide harmonised rules and closer cooperation between EU institutions, EU Member States, and other relevant stakeholders, such as industry and Europol, is to reduce the risk that chemical substances are used for the illicit manufacture of explosives. New EU Regulation 2019/1148 on the marketing and use of explosives precursors, has been in effect since 1 February 2021 and includes several measures to strengthen the EU’s existing rules. Firstly, it has expanded the scope by adding new substances to the list of restricted explosives precursors. Secondly, it introduced more comprehensive procedures and criteria for issuing licenses. Lastly, the new regulation makes it clear that the new restrictions apply to online sales as well.

In conclusion, we wish to recall that many High Contracting Parties including the EU Member States, and the European Union, have expressed their continuing concerns about the humanitarian impact as well as 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 to the Convention are obliged to ensure that these weapons are used in accordance with IHL and that all feasible precautions are taken to protect civilians from the effects of these weapons. The EU believes that further discussion is needed within the CCW framework on how to ensure greater compliance with Amended Protocol II. For this reason, the EU supports the adding of MOTAPM to the agenda for the CCW Annual Conference and continues to believe that further expert discussions on the issue would be of overall benefit to us all.

Thank you, Mr. President.

[*] North Macedonia, Montenegro, and Albania continue to be part of the Stabilisation and Association Process