Mr Chairman,
I have the honour to address the Sixth Committee on behalf of the five Nordic countries: Denmark, Finland, Iceland, Norway and Sweden.
The Geneva Conventions have achieved universal recognition as the principal legal basis for protection of persons in armed conflict. 194 states are party to these Conventions and they are the first conventions in our time to achieve universal acceptance. Nonetheless, a lot needs to be done to achieve universal compliance with the rules contained in them.
States have a duty to respect and ensure respect for international humanitarian law. With universal recognition of the Geneva Conventions, ensuring respect becomes a common goal for all states in the world. Joint efforts to promote and improve compliance with the Geneva Conventions are needed and must remain a priority.
Adherence to and acceptance of the 1977 Protocols Additional to the Geneva Conventions continue to increase. Many of the rules in the Additional Protocols have also been confirmed as being part of international customary humanitarian law and thus universally applicable to all states and parties to conflicts.
Recent developments show that international humanitarian law continues to be extended and refined. Contributions to these developments are the entry into force, on 14 January 2007, of the Third Additional Protocol to the 1949 Geneva Conventions relating to the adoption of a new emblem and the adoption, in May this year, of a Convention on Cluster Munitions in Dublin. The Nordic countries welcome the result of the comprehensive and broad negotiations within the so-called Oslo Process on Cluster Munitions that resulted in a text which will meet many important concerns. The Convention will be open for signature on 3 December this year and all member states of the United Nations are invited to Norway for a Conference on 2 – 4 December in this regard. There will also be participation from UN organisations, humanitarian organisations and civil society. The Cluster Munitions Coalition and the International Committee of the Red Cross have also been invited.
We furthermore support the continued efforts in Geneva to comprehensively address the issue of cluster munitions in the framework of the Convention of Certain Conventional Weapons.
As a means of promoting respect for international humanitarian law, the Nordic countries also welcome the Montreux Document on Pertinent International Legal Obligations and Good Practices for States related to Operations of Private Military and Security Companies during Armed Conflict. We also welcome the international efforts conducted in the so-called “Copenhagen Process” to tackle the challenges related to the handling of detainees in international military operations.
All states must apply customary international humanitarian law. The Nordic countries welcome the debate generated by the study on customary international humanitarian law by the International Committee of the Red Cross and the current initiatives by the ICRC towards the update of the study. Clearly there are different views on the study, but as a whole, the study is a very useful contribution. We hope that states will disseminate and make practical use of the study.
The development of international humanitarian law is also shown in the increasing willingness among states as well as UN organs and bodies to discuss and promote international humanitarian law. The Security Council resolutions on the protection of civilians in armed conflict, on women affected by armed conflict and on children in armed conflict, as well as the recent resolution 1820 on sexual violence, are welcome reaffirmations of this trend. Our obligation and key challenge is to translate them into concrete action on the ground so as to benefit the civilians these resolutions are intended to protect.
States have a responsibility to protect people within their own borders from massive violations of international humanitarian law and human rights law. If a state is not capable or willing to do so, the international community, including the UN, has a responsibility to act with a view of providing such protection.
The International Criminal Court is of paramount importance in the quest for compliance with international humanitarian law and to end impunity for war crimes, crimes against humanity and genocide. It is important to continue efforts to achieve universal adherence to the Rome Statute. It is also vital that contracting states, as well as other states obligated to do so, support and cooperate with the Court so that it can fulfil its tasks in full.
Furthermore, there is a need to further strengthen existing mechanisms within international humanitarian law, such as the International Humanitarian Fact-Finding Commission. The Commission could and should play a role with regard to compliance with international humanitarian law.
It is of vital importance that the international community reacts to breaches of international humanitarian law at an early stage. To uphold respect for international humanitarian law, we must work in a preventive manner through such means as awareness raising campaigns for, and education in, international humanitarian law. The Nordic countries are of the opinion that the work of the international community in this respect must become more effective in order to deter future breaches of international humanitarian law.
The role and importance of the International Committee of the Red Cross must be emphasised. We express our deep appreciation for the work carried out by the ICRC and for their efforts in facilitating the dissemination of international humanitarian law, training given on the subject and protection of persons in relation to armed conflict. We would also like to highlight the special responsibilities of the National Red Cross and Red Crescent Societies as auxiliaries to the public authorities in assisting and co-operating with their governments in the promotion, dissemination and implementation of international humanitarian law.
Respect for, and implementation of, international humanitarian law rests primarily with each state, but it must be recalled that all parties to an armed conflict must respect humanitarian law.
In the recent report by the Secretary-General on the status of the Protocols additional to the Geneva Conventions, states contributed accounts of their efforts to promote and disseminate international humanitarian law. The training of military and armed forces in international law remains a priority for many states and is paramount to ensuring respect. Perpetrators must be held accountable under national legislation and procedures. Investigation of suspected abuses of humanitarian law is a necessity and a duty.
We call upon all states and entities to respect the existing body of international humanitarian law, particularly with regard to the obligations to protect civilians.
Thank you, Mr Chairman.