EU Statement – UN General Assembly 1st Committee: Conventional Weapons
Madam Chair,
I have the honour to speak on behalf of the European Union.
The Candidate Countries North Macedonia*, Montenegro*, Albania*, Ukraine, the Republic of Moldova, Bosnia and Herzegovina* as well as Monaco and San Marino align themselves with this statement.
The EU reiterates its firm commitment to the humanitarian imperatives that underscore many international conventions aimed at addressing the issue of conventional weapons and remains steadfast in its commitment to the rule of law, IHL and the protection of civilians.
The arms control, non-proliferation and disarmament architecture is under unprecedented strain, especially due to Russia’s illegal war of aggression against Ukraine, which is not only a blatant violation of international law, including the UN Charter, but also a humanitarian catastrophe for Ukraine and its people, backed by Russia’s massive disinformation campaign. Russia’s actions are testimony for their disrespect for international humanitarian law and human rights law.
Also, in the context of armed conflict that has been taking place in Gaza and Israel, the EU condemns in the strongest possible terms Hamas and its brutal and indiscriminate terrorist attacks across Israel and calls for the immediate release of all hostages without precondition. The EU expresses its full solidarity and support to Israel and its people and reaffirms its full commitment to its security and to regional stability. However, in exercising its right to defend itself, Israel must fully comply with its obligations under international law, including international humanitarian law, in all circumstances. The EU calls on all parties to take every feasible step to protect civilian lives. It notes with utmost concern the unacceptable number of civilian casualties, especially children, as well as the catastrophic levels of hunger and imminent risk of famine caused by the insufficient entry of aid into Gaza. The EU stresses the importance of respecting and implementing the orders of the International Court of Justice, which are already legally binding and underlines the urgency of full, rapid, safe and unhindered access to humanitarian aid at scale for Palestinians in need and of allowing and facilitating humanitarian workers and international organisations to operate effectively inside Gaza. The EU recalls that an enduring ceasefire is urgently needed, to ensure protection of civilians, the unconditional and immediate release of all hostages whose safety and well-being is of concern, and to increase the flow of much needed humanitarian relief to Gaza in view of the deepening humanitarian crisis. The EU also stresses the need for thorough and independent investigations of violations of international humanitarian law and for accountability on all side.
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.
In the run-up to the 5th Review Conference in Siem Reap in Cambodia later this year, the EU stands united in its support for the universal ban on anti-personnel mines. The Anti-Personnel Mine Ban Convention is a success story of multilateral diplomacy and a key disarmament instrument, which combines a strong global norm against the use of these weapons with a comprehensive response to end the suffering and casualties caused by these weapons. We are deeply concerned by the ongoing use of these weapons. In particular, we condemn Russia’s illegal war of aggression against Ukraine, as well as the use of anti-personnel mines and improvised anti-personnel mines that makes Ukraine the most mine-contaminated country in the world. The EU is also deeply concerned about new contaminations in countries such as Iraq, Libya, Syria, Yemen, Myanmar as well as in the Sahel. The EU calls on all actors to refrain from the production, stockpiling, trade and transfer of anti-personnel mines and strongly condemns their use anywhere, anytime, and by any actor, whether States or non-State actors. We call on States that have not yet done so to join the Convention without further delay and we encourage all parties to accelerate progress towards achieving a world free of anti-personnel mines. We look forward to the upcoming Review Conference in Siem-Reap in November in this spirit, and hope for the adoption of an updated Action Plan. The new Action Plan should address all aspects of the implementation of the Convention, build on the gaps and challenges identified through the Review of the Operation and Status of the Convention. In the current global context, with most disarmament and non-proliferation instruments being under strain, strengthening the Anti-Personnel Mine Ban Convention is all the more important. The EU and its Member States have a long history of support for mine action. In 2023, the assistance amounted to 56 million EUR for 20 mine-affected countries.
The EU recalls that the CCW and its Protocols are an essential and integral part of International Humanitarian Law and reiterates the commitment of the EU and its Member States to respect and comply fully with IHL. The EU strongly encourages all States that have not yet done so to join these important instruments without further delay. The EU and its Member States will continue fully implementing the EU Guidelines on the promotion of compliance with IHL. We encourage further international dialogue and cooperation to address the opportunities and challenges presented by AI in the military domain, and support efforts to exchange best practices and foster a common understanding of the legal and ethical implications. The EU welcomes the work over the past years by the Group of Governmental Experts on emerging technologies in the area of lethal autonomous weapons systems (LAWS) and acknowledges the substantial contribution it has made to our common understanding of this complex topic and to finding common ground. The EU underlines that the CCW is the relevant international forum in this regard and we expect it to deliver results. The EU emphasises that appropriate levels of human control must be retained over lethal autonomous weapons systems and that human beings remain accountable for decisions over the use of force in order to ensure compliance with International Law, in particular International Humanitarian Law. The EU supports the so called “two-tier” approach to weapons systems in the area of LAWS and will remain committed to promote it in the framework of the GGE LAWS. The EU takes note of the UNSG report on lethal autonomous weapons pursuant to Res 78/241. The EU welcomes the high amount of contributions submitted, confirming a wide array of views among stakeholders on LAWS. The EU looks forward to further discussion on the UNSG report pursuant to Res. 78/241.
In line with its 2018 Strategy on illicit firearms, small arms and light weapons (SALW) and their ammunition “Securing arms, protecting citizens”, the EU remains fully committed to preventing and curbing the illicit trade in SALW and their ammunition worldwide, supporting the implementation of the Global Framework on Through-Life Conventional Ammunition Management agreed upon by the Open-ended Working Group in June 2023. The EU welcomes the consensual outcome of this year’s Review Conference on UN Program of Action on SALW, and expresses full commitment to the implementation of Action Plans until 2030, as adopted by the Conference. The Open Ended Technical Working Group established by the Conference is a timely initiative to address new developments in manufacturing, technology and design of SALW.
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. Furthermore, 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. We welcome as an important achievement of the international community, the adoption of the Ireland-led Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences arising from the use of Explosive Weapons in Populated Areas (EWIPA), with its aim to reduce harm and strengthen the protection of civilians, and the opportunity to continue these efforts at the Costa Rica Conference next year. The Declaration, so far endorsed by 87 States from across the globe, endeavours to improve the protection of civilians during armed conflict. These States commit to implement and, where necessary, review, develop or improve national policy and practice with regard to the protection of civilians during armed conflict involving the use of explosive weapons in populated areas.
The EU and its Member States also reaffirm their strong support for the Arms Trade Treaty (ATT), which establishes the highest possible common international standards for regulating the international trade in conventional arms and for preventing and eradicating the illicit trade in these weapons and prevent their diversion. We call on all States to ratify or accede to the Treaty without further delay, and on the Parties to comply with their obligations, including in reporting, in a transparent manner whenever possible. We call on all States Parties to refrain from any transfers to Russia, including of parts and components, in line with Article 6 para 3 of the ATT. The EU has an arms embargo in place against Russia, following the illegal annexation of Crimea by Russia in 2014. On the contrary, military assistance to Ukraine, including transfers of conventional weapons from some EU Member States and other States, is a legitimate means to support Ukraine in exercising its inherent right to self-defence under the UN Charter against the aggression of Russia.
The EU reaffirms that decisions on issuing export licenses for military equipment remain a national competence of EU Member States, which are all States Parties to the ATT. The EU takes this opportunity to draw attention of States Parties to Article 6 para 3 of the Arms Trade Treaty, according to which a State Party shall not authorize any transfer of conventional arms covered under Article 2 (1) or of items covered under Article 3 or Article 4, if it has knowledge at the time of authorization that the arms or items would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes as defined by international agreements to which it is a Party.
The EU recognises the UNROCA as an instrument to support transparency, build trust and promote dialogue in military matters. The Register should remain a central tool for United Nations efforts to promote and facilitate confidence-building among Member States to enhance international peace and security, thus enabling sustainable development. The EU encourages all States to report to UNROCA in a timely, complete and transparent manner.
Finally, we are deeply concerned by the impact on civilian populations by the indiscriminate use of cluster munitions, including the extensive use of cluster munitions across many regions in the world. The EU calls upon all actors to refrain from such use and to fully comply with International Humanitarian Law. We support the humanitarian goals of the CCM and remain steadfast in its commitment to promoting the protection of civilians from the devastating impacts of explosive remnants of war, including cluster munitions. This Convention substantially contributes to end the suffering of affected civilians, advancing the Sustainable Development Goals as well as promoting the core objectives of human security, peace and international security.
I thank you, Madam Chair.
* North Macedonia, Montenegro, Serbia, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.