Statement by Andrew Rose, Counsellor and Legal Adviser of Australia to the United Nations, to the Sixth Committee Plenary on the Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts
23 October 2008
(As delivered)
Mr Chairman,
I have the honour to speak on behalf of Canada and New Zealand as well as Australia.
The Additional Protocols to the Geneva Conventions play a crucial role in strengthening the existing body of international humanitarian law (IHL). They extend crucial protections to civilians in a broader range of conflicts, and impose constraints on the way in which military operations may be conducted, in order to prevent unnecessary suffering and mitigate the humanitarian impact of armed conflict.
Mr Chairman
Universal recognition of the Additional Protocols is a vital step in ensuring compliance and the equal protection of all victims of armed conflict. We call on all States that have not yet done to also become Parties to the three Additional Protocols. CANZ welcomes the recent accessions to the First and Second Protocols, which have brought to 168 and 164 the respective numbers of States Parties to those Protocols.
CANZ also welcomes the entry into force in January 2007 of the Third Additional Protocol to the Geneva Conventions. This Protocol establishes the red crystal as an additional protective emblem for humanitarian workers free from any religious or political connotation. It contributes to the universality of the Red Cross and Red Crescent movement by providing more flexibility in the choice of emblems by National Societies.
The new Protocol will also enhance the capacity of national societies to deliver humanitarian aid freely, safely and efficiently.
Good progress has been made to date in relation to this Protocol. More than 54 States have signed the Third Additional Protocol and so far, 33 have ratified. Canada ratified it on 26 November 2007 and Australia and New Zealand have signed the Protocol and are currently undertaking the relevant domestic treaty processes to ensure their respective national law reflects the new emblem and protects against its misuse.
Mr Chairman
CANZ applauds the acclamation in September this year of the “Montreux Document” on Private Military and Security Companies in armed conflict. The Montreux Document strengthens respect for international humanitarian law and human rights law by outlining existing international legal obligations and Good Practices for States to adopt in their dealings with such companies. The Good Practices aim to ensure that only those companies which are likely to respect IHL and human rights through appropriate training, internal procedures and supervision can provide services in armed conflict. We thank the Swiss Government and the International Committee of the Red Cross for their diligent leadership in chairing the successful negotiations and we look forward to further discussions on the Montreux Document in the General Assembly.
Mr Chairman,
In May 2008, the Convention on Cluster Munitions was formally adopted in Dublin after 12 months of negotiation. CANZ welcomes the Convention as a significant humanitarian achievement. The Convention prohibits the use, production or stockpiling of those cluster munitions that indiscriminately scatter large numbers of bomblets, which kill and maim civilians long after the cessation of hostilities. Importantly, the Convention commits States Parties to the clearance of cluster munitions and the provision of assistance for victims and their communities.
Mr Chairman,
CANZ also wishes to acknowledge the steadfast efforts of the International Committee of the Red Cross (ICRC) as the guardian of IHL. The ICRC undertakes valuable work to ensure that persons caught up in armed conflict are afforded the protections to which they are entitled.
The ICRC continues to promote understanding about the rules of IHL, including through guidance on complex areas of law. We welcome and encourage the ICRC’s close collaboration with States on tackling future challenges in armed conflict.
Thank you, Mr Chairman.