Sixth Committee (Legal) — 77th session
Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts (Agenda item 81)
- Authority:
Documentation
- — Report of the Secretary-General
- — Draft resolution
Summary of work
Background (source: )
The item entitled “State of signatures and ratifications of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of international armed conflicts (Protocol I) and the protection of victims of non?international armed conflicts (Protocol II)” was included in the agenda of the thirty-seventh session of the General Assembly at the request of Denmark, Finland, Norway and Sweden ().
At its thirty-seventh session, the Assembly decided to include in the provisional agenda of its thirty-ninth session an item entitled “Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts: report of the Secretary-General” (resolution ). The Assembly had the item on its agenda biennially at its thirty-ninth to forty-fifth sessions (resolutions , , and ).
At its forty-fifth session, the Assembly decided to include in the provisional agenda of its forty-seventh session an item entitled “Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts” (resolution ). The Assembly has had the item on its agenda biennially since then (resolutions , , , , , , , , , , , , , and ).
At its seventy-fifth session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 19 delegations (see ). The Assembly requested the Secretary-General to submit to it at its seventy-seventh session a report on the status of the Additional Protocols relating to the protection of victims of armed conflicts, as well as on measures taken to strengthen the existing body of international humanitarian law, including with respect to its dissemination and full implementation at the national level, based on information received from Member States and the International Committee of the Red Cross (resolution ).
Consideration at the seventy-seventh session
The Sixth Committee considered the item at its 16th, 17th and 36th meetings, on 17 and 18 October and 18 November 2022 (see , and ).
Statements were made by the representatives of the European Union, Iraq (on behalf of the Arab Group), Sweden (on behalf of the Nordic countries (Denmark, Finland, Iceland, Norway and Sweden)), Australia (on behalf of Canada, Australia and New Zealand (CANZ)), Iran (Islamic Republic of), the United States of America, Mexico, Egypt, El Salvador, Brazil, Romania, Cuba, Portugal, Ireland, Sierra Leone, Cameroon, the Republic of Korea, Poland, the United Kingdom of Great Britain and Northern Ireland, Saudi Arabia, Switzerland, the Dominican Republic, Austria, Argentina, Monaco, Algeria, Azerbaijan, the Russian Federation, Israel and Morocco.?Statements were also made by the observers for the State of Palestine and the International Committee of the Red Cross (ICRC).
The representative of the Bolivarian Republic of Venezuela, Brazil and the Russian Federation spoke in the exercise of the right of reply.
Delegations generally welcomed the most recent report of the Secretary-General () and reaffirmed their strong commitment to the full implementation of International Humanitarian Law (IHL) and the need for all parties to respect IHL, recalling the centrality of the Geneva Conventions and the Protocols Additional thereto in this context. Several delegations called for wider participation in the Protocols as well as in other relevant IHL instruments and for greater compliance with their content.
A number of delegations reiterated the vital role of the work of the ICRC as well as of the national Red Cross and Red Crescent societies in the promotion of IHL. The outcome of the most recent thirty-third International Conference of the Red Cross and Red Crescent, held in 2019, was generally welcomed. Some delegations also welcomed the preparations for the thirty-fourth Conference to be held in 2024. Several delegations also emphasized the usefulness of voluntary reports on the implementation of international humanitarian law at the national level and encouraged States to prepare and publish them. The need for the ICRC to consult with States more in drafting commentaries was also noted.
Several delegations drew attention to their respective national implementation measures regarding IHL, and invited States to incorporate IHL into national policies, military manuals, and legal frameworks. Some delegations also provided information on regional initiatives to disseminate and implement IHL. Some delegations underlined the work of national committees to strengthen compliance with IHL, stressing their role in capacity building, training and education toward the implementation, dissemination and development of IHL.
Some delegations emphasized the importance of protecting civilians in armed conflicts, in particular children and women, humanitarian workers, medical personnel and journalists. Some delegations underlined the obligation to avoid attacks on civilian objects. The importance of the implementation of Security Council resolutions on the protection of medical personnel and facilities, 2573 (2021) on the protection of civilian infrastructure, and 2601 (2021) on the protection of education during armed conflict was recalled. Several delegations recalled recent consultations on a Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences arising from the use of Explosive Weapons in Populated Areas. Support was expressed for the adoption of an integrated gender perspective in the implementation of IHL and the promotion of the rights of women and girls affected by conflicts. Some delegations also recalled that climate change and environmental degradation could both result from and aggravate the existing conflicts. In this regard, the work of the International Law Commission on the draft principles on protection of the environment in relation to armed conflict was commended. A view was also expressed that IHL applies also to cyberspace.
Several delegations stressed that many rules contained in the Additional Protocols reflected customary international law, and as such, must be complied with, while others expressed concerns with respect to the Protocols and the legal status of some of the provisions contained therein. The necessity to sufficiently address the conduct of non-state actors in armed conflicts was underlined.
The need for accountability for violations of IHL was emphasized. Some delegations expressed support for and highlighted the potential of the International Humanitarian Fact-Finding Commission, pursuant to Article 90 of the First Additional Protocol, calling upon the recognition of its competence. The instrumental role played by the International Criminal Court in promoting respect for IHL and in complementing States’ accountability efforts was also underlined. A call was made for States to become parties to the Rome Statute. Further discussion exploring other perspectives on accountability, including the role of universal jurisdiction, was also encouraged.
Archived videos and summaries of plenary meetings
(17 October 2022, 3:00pm – 6:00pm) | Summary
(18 October 2022, 10:00am – 1:00pm) | Summary
(18 November 2022, 10:00am – 1:00pm) | Summary
Action taken by the Sixth Committee
At the 36th meeting, on 18 November 2022, the representative of Sweden, also on behalf of the sponsors, introduced draft resolution entitled “Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts” and announced that Afghanistan, Costa Rica, the Dominican Republic, Gambia, Lebanon, North Macedonia and Samoa had joined in sponsoring the draft resolution. The Committee then adopted draft resolution without a vote.
Under the terms of the draft resolution, the Assembly would, inter alia, reaffirm the necessity of making the implementation of international humanitarian law more effective, and support its further strengthening and development. The Assembly would also welcome the important role of relevant regional forums in promoting respect for international humanitarian law and disseminating knowledge of international humanitarian law in the respective regions. It would also take note of various Security Council resolutions on the protection of civilian objects in armed conflicts, children affected by armed conflicts as well as journalists, media professionals and associated personnel in situations of armed conflict. In addition, the Assembly would note with appreciation the eight resolutions adopted at the thirty-third International Conference of the Red Cross and Red Crescent, which took place in 2019, in particular resolution 1, entitled “Bringing IHL home: a road map for better national implementation of international humanitarian law” and would also note with appreciation the subsequent publication of “Bringing IHL home: guidelines on the national implementation of international humanitarian law”. It would also welcome the increasing trend of voluntary submissions transmitted to the Secretary-General.
Subsequent action taken by the General Assembly
- Report of the Sixth Committee:
- GA resolution:
This agenda item will next be considered at the seventy-ninth session (2024).
Full texts of submissions ()
| State | Original submission | Translation |
|---|---|---|
| Argentina | English | |
| Armenia | English | |
| Austria | English | |
| Belgium | French | |
| Brazil | English | |
| Burkina Faso | French | |
| Canada | English | |
| Colombia | Spanish | |
| Costa Rica | Spanish | |
| C?te d'Ivoire | French | |
| Cuba | Spanish | |
| Czech Republic | English | |
| El Salvador | Spanish | |
| Georgia | English | |
| Iran (Islamic Republic of) | English | |
| Ireland | English | |
| Italy | English | |
| Philippines | English | |
| Portugal | English | |
| Saudi Arabia | English | |
| Senegal | French | |
| Slovenia | English | |
| Sweden | English | |
| Switzerland | French | |
| 罢ü谤办颈测别 | English | |
| United Kingdom of Great Britain and Northern Ireland | English | |
| Observer | Original submission | Translation |
| ICRC | English | |
