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GGI Policy Brief: Anticipating the “Final” ATT Conference: Proposals for Moving Forward

25 Feb

From 2 – 27 July 2012 the member states of the United Nations (UN) gathered in New York to participate in the UN Conference on the ATT. These four weeks of negotiations produced a draft treaty text, but no consensus could be reached on a final text for adoption. In this GGI Analysis, Katherine Prizeman and Niels van Willigen provide essential background and concrete recommendation for a last effort to negotiate a consensus treaty during the Final UN Conference on the Arms Trade Treaty, scheduled to take place 18 – 28 March 2013.

To download the GGI Analysis,  please click here.

 

 

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Cross-Cutting Discussion in UNSC on Protection of Civilians

16 Feb

On Tuesday, 12 February, the Security Council held an open debate on the issue of “Protection of Civilians in Armed Conflict.” Currently holding the presidency of the Council, the Republic of Korea’s Minister for Foreign Affairs and Trade hosted the debate, while both Council members and non-members weighed in on the international community’s responsibility to protect unarmed populations victimized by parties to a conflict either intentionally or as an unintended consequences of fighting. The Secretary-General addressed the Council highlighting Afghanistan, Mali, Myanmar, the Democratic Republic of the Congo, Somalia, and South Sudan as examples of instances where civilians in large numbers continue to suffer. He also called out the conflict in Syria as a stark case of the “searing reminder of the human cost of war.” The High Commissioner for Human Rights, Ms. Navi Pillay, also briefed the Council and took the opportunity to highlight the dire situation for civilians in Syria calling on the Security Council to act immediately and refer the situation to the International Criminal Court. The Director of the International Committee of the Red Cross (ICRC) also addressed the Council and chose to focus on three priorities in the context of protection of civilians (PoC)—threats to access to healthcare; the availability and use of arms; and the lack of compliance with international humanitarian law (IHL) by state and non-state actors.

Many delegates underscored the importance of the role of the Security Council in protecting civilians in conflict, in particular ensuring that peacekeeping operations, “where appropriate,” were mandated to play a part in prioritizing PoC and allocating resources commensurate with the circumstances. The discourse among the more than 70 speakers revealed that there remains a myriad of obstacles in conflict-affected communities as the international community seeks to address the difficult challenge of the responsibility to protect civilians when governments and parties cannot meet those obligations. The primary responsibility for the protection of civilians, it was reasserted, does lie with states, although, as the Secretary-General noted in his remarks, the obligation to protect civilians in conflict “does not rest solely with warring parties: we all have a responsibility to protect.” There was, as expected, some concern expressed over the potential manipulation of PoC mandates for purposes of ‘regime’ change or military intervention. The Iranian delegate, speaking on behalf of the Non-Aligned Movement (NAM), pointed out this danger, while the Nicaraguan delegation called PoC a “lofty” concept that has been manipulated in Libya and now in Syria. Moreover, the delegate of Pakistan noted that any conflation of the concepts of PoC and the Responsibility to Protect norm (RtoP) was likewise dangerous especially from the standpoint of preserving the integrity of peacekeeping operations The discomfort with, and even opposition to, application of PoC by stakeholders external to national authorities continues to be an ongoing challenge as politicization of the concept must find balance with the humanitarian concerns on the ground.

The importance of addressing the issue of PoC in conflict is, in and of itself, a significant part of the work  of the Security Council given its mandate to maintain international peace and security as well as its responsibility in formulating the mandate and renewals for robust peacekeeping operations. Nevertheless, the cross-cutting nature of PoC also grants the issue particular importance within the often siloed landscape of the UN system and its varied stakeholders. As noted by the delegate of Costa Rica, options for response to complex obligations with protection mandates must also become more diverse, including establishing early alert mechanisms, providing support for national authorities in protecting civilians, and providing assistance for the functioning of security-related and rule of law bodies. Related issues, including but not limited to the illicit trade and movement of small arms, violence against women and other gender-based violence, were also highlighted as key components of a comprehensive and effective PoC strategy. In light of the upcoming 57th session of the Commission on the Status of Women (CSW), some delegations chose to highlight the importance of this session’s thematic priority in this PoC context—violence against women and girls. Other security-related priorities such as the Arms Trade Treaty (ATT), application of the RtoP norm, as well as the use of explosive weapons in populated areas all were made manifest during the discussion underscoring that any robust and effective human security agenda requires recognition of the linkages among different priorities.

As already noted, the forthcoming “Final Conference on the Arms Trade Treaty” set for 18-28 March received some attention during the debate beginning with the Secretary-General who referenced the poorly regulated trade in arms calling the free flow of weapons a significant contributor to violence against civilians. Likewise, the delegations of the ICRC, Australia, Egypt, Senegal, Cote d’Ivoire, Uruguay, Sweden, Costa Rica, Tanzania, Lithuania, Mexico, Guatemala, and Montenegro were among those delegations that referenced the upcoming ATT negotiations in the context of PoC. Most of these delegations chose to highlight the importance of incorporating the concept of protecting civilians in the future ATT codifying circumstances where arms transfers should be denied should there be a risk that such weapons would be used to violate human rights, IHL, or otherwise harm civilians. The ICRC rightly called for an instrument that incorporates strict transfer criteria covering all categories of conventional weapons.

The use of explosive weapons in populated areas was also an issue raised by several delegations in the context of PoC as the indiscriminate humanitarian consequences of such weapons cause extensive harm to civilians. As noted by a study from UNIDIR’s Maya Brehm, explosive weapons have been shown to be a key threat to health care access, contributor to destruction of houses and assets as well as have long-term impacts on socio-economic and human development. In 2009, the Secretary-General identified the use of explosive weapons in populated areas as a core challenge to the protection of civilians in armed conflict and also called for more systematic data collection and estimation of associated human costs. At this debate, the delegations of Australia, Luxembourg, Montenegro, Germany, Chile, Qatar, and Spain were among those delegations that identified the use of explosive weapons in populated areas as a threat to PoC. In particular, the delegate of Germany noted that the indiscriminate attacks against civilians in Syria “…often caused by the use of explosive weapons with wide impact in densely populated areas, remains the most appalling aspect of the Syrian conflict.”

In addition to verbal debate, the Council adopted a Presidential Statement (S/PRST/2013/2) that recognizes the importance of strict compliance with IHL, human rights law, and refugee law, supports strengthened work of the International Criminal Court and related mechanisms for fighting impunity and increasing accountability, promotes systematic monitoring of PoC in conflict situations, and protects the unhindered access of humanitarian workers in situations of armed conflict. It is clear that such a discussion is useful not only for a better understanding of the concept of PoC and its practical application in situations of conflict, but also in allowing the international community to reflect on the multi-faceted nature of security and the need to effectively tackle multiple agenda items in an integrated and mutually-reinforcing manner. It is essential that issues such as violence against women and the use and availability of illicit arms are thought of as related aspects of the same security agenda, rather than concepts to always be taken up in isolated diplomatic fora.

 

–Katherine Prizeman

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Security Council Open Debate on the Rule of Law: Challenges and Solutions

5 Feb

On Wednesday, 30 January, a brief “Open Debate on the Rule of Law” was held in the Security Council. There was not an extensive conversation by Council members or non-members of the Security Council. The meeting was called to order by the Pakistani Ambassador who currently holds the presidency this month, while UN Deputy Secretary-General, Jan Eliasson, was invited to present a statement on the rule of law.

Rule of law is essentially meant to decrease conflict as well as decrease the probability of relapse into further conflict thereby directly contributing to both conflict resolution and recidivism prevention.

As a general theme, Mr. Eliasson reinforced the importance of promoting rule of law in international peace and security, as well as in conflict and post-conflict situations. By promoting and implementing international norms and standards, exemplary in 18 of the 23 current peacekeeping missions adopting provisions for the rule of law in their mandates, Mr. Eliasson reiterated the UN’s commitment to the advancing of the rule of law as formal international law.

The statement from the Deputy Secretary-General highlighted the Security Council’s approach, which compliments the mandates of the UNDP, UNHCR, and individual governments, in increasing the legitimacy of the rule of law.

Challenges

The Security Council recognizes the challenges of broad acceptance and implementation of the rule of law within peacekeeping operations, as well as the difficulties in measuring, collecting and analyzing data in areas of intervention. Better collection of baseline data also proves to be a challenge, especially in an environment where impact and change is difficult to measure, and where impact tends to be uneven. It can also be difficult to identify which factors can be credited in situations of success.

The UN Security Council believes that enhancing field leadership can be used to carry out, and measure programs in respective areas, through continued systematic collection and analyzing of data.

Solutions Identified by the Security Council

• Coordinate support to the field through UNDP and UNHCR area programs.
• Evaluate the impact of work already done and create baseline data to measure progress.
• Recognize and place more importance on national ownership.
• Increase data collection in conflict and post-conflict states to strengthen the rule of law.
• Increase planning and prioritize in order to mitigate future risks.

Examples of Progress Made Using Data Collected

• Thus far, UNDP has been working in Haiti, Liberia and South Sudan to incorporate rule of law indicators such as, law enforcement and transformation measures.
• In Malawi, UNDP supported a baseline study, which has been used to shape the Government’s Democratic Governance Reform Strategy.
• In Bosnia and Herzegovina, data collected through public surveys have been used to develop National Transitional Justice Strategies.
• UNDP is expected to publish a “Users Guide to Measuring Rule of Law, Justice and Security Programs,” next year.
• The Department of Peacekeeping Operations and the UNHCR has developed the UN Rule of Law Indicators Project, which allows governments to gather information on law enforcement, the prison system and to measure and track changes over time.

Examples of Progress Made Through the United Nations, Individual Country and NGO Collaboration

• In Côte d’Ivoire, the Ministry of Justice, in conjunction with the UN peacekeeping mission, has reopened 17 courts and 22 prisons.
• The UN stabilization mission in Haiti has opened 18 legal aid offices.
• The Serbian government, in conjunction with local NGOs, has provided 20, 000 Roma with official documents to prevent them from becoming stateless. Furthermore, 250 individuals have been indicted by the International Criminal Tribunal for war crimes, crimes against humanity and genocide, and more than 120 individuals have been convicted.

Overall, the United Nations Security Council has taken a holistic approach to development, justice and security by including rule of law in conflict and post-conflict situations, and by developing tools and systems to help states advance in this area. Continued collection of data will support national policymaking efforts as well as increase country responsibility, ownership and accountability. Current field initiatives are helping to deliver justice, and keep countries on track to building and achieving stability.

—Shari Smith

Shari is a new intern with Global Action for the spring semester.

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The Twin Problems of the Middle East WMDFZ and Modernization: The Current Precariousness of the NPT regime

4 Feb

As the new review cycle of the nuclear Non-Proliferation Treaty (NPT) continues this year and the second Preparatory Committee (Prep Com) for the 2015 Review Conference is scheduled to be held in April 2013 in Geneva, the sustainability and robustness of the NPT regime remain uncertain. This is the result of the inability to convene a NPT-mandated conference for the establishment of a Weapons of Mass Destruction-Free Zone (WMDFZ) in the Middle East as well as the continued pursuit of extensive nuclear modernization programs in all the nuclear possessor states.

Concern around the NPT was inevitably heightened when the NPT-mandated Conference on a Zone Free of Weapons of Mass Destruction (WMDFZ) for the Middle East was “postponed” in December 2012. The so-called “co-conveners” of the Conference, the United States, United Kingdom, and Russia could not reach agreement on a postponement decision and issued separate statements with the US noting the lack of agreement among the regional states on “conditions for a conference,” the Russian government called for the Conference to be held under the same conditions no later than April 2013 (before the next NPT Prep Com), and the UK issued a statement that called for continued consultations and urged the conference to be convened in 2013.

The Action Plan adopted at the conclusion of the 2010 NPT Review Conference called for the convening of a WMDFZ conference in 2012 in fulfillment of the 1995 Resolution on the Middle East. The inability to do so undoubtedly has not only damaged the credibility of the NPT regime, but has brought into question future implementation and adherence to cornerstone Treaty provisions among many states parties. In particular, the Arab states, most notably Egypt, have placed much emphasis on this Middle East conference tying it closely to its investment in the NPT writ large. In 1995, Egypt threatened to withhold support for the NPT’s indefinite extension should the United States not support the Resolution on the Middle East, including the paragraph about the need to establish a WMDFZ. It is a serious and valid concern that the NPT regime could be “held hostage” by those states, specifically the Arab Group, who believe that such a failure to fulfill a binding commitment represents reason enough not to fulfill other obligations furthering hindering progress made on the twin pillars of the NPT (in addition to the third pillar regarding ‘peaceful’ uses of nuclear energy)—non-proliferation and disarmament. It is also possible that states parties may interpret these failures as a reason to leave the NPT framework altogether and join those states outside of the regime (India, Pakistan, Israel, and the DPRK) that are not subject to its obligations. These alarming trends would only further increase insecurity and decrease the NPT’s legitimacy.

Moreover, the issue of modernization has not been adequately addressed in the context of the NPT itself. While many delegations called for an end to modernization of nuclear weapons at the 2012 NPT Prep Com, modernization programs continue in China, France,  India, Israel, Pakistan, Russia, United Kingdom, and the United States. While it might still be an open question as to whether modernization results in ‘new’ weapons, the continued investment in nuclear weapon arsenals must clearly be understood as incompatible with obligations to non-proliferation and disarmament. By improving and expanding the capabilities of nuclear warheads, even if the number of warheads itself remains the same, the nuclear weapon possessor are engaging in a form of proliferation. Moreover, the disarmament obligations found in Article VI are surely not being met with the appropriate seriousness and resources (both financial and political) where modernization programs are under way. Reaching Critical Will notes in its study “Assuring Destruction Forever” (April 2012) that committing billions of dollars to nuclear arsenal modernization not only drains a large portion of the world’s resources, it sets precedents for pursuing the global nuclear weapon industry indefinitely. As Beatrice Fihn of Reaching Critical Will has rightly stated, “Commitment to nuclear disarmament is not just about quantitative reductions, it must also include a cessation of qualitative improvements, as ‘leaner but meaner’ weapons do little to change the continued reliance by a few states on nuclear weapons to provide security.”

There is much to be done to reinsert confidence and robustness back into the NPT framework. The 2013 NPT Prep Com in Geneva must begin to rebuild the momentum that was first gained with the adoption of the consensus Action Plan from the 2010 Review Conference. The success of this Prep Com will depend, in large part, on whether or not the Conference for a Middle East (WMDFZ) will be convened prior to the start of the Prep Com in April. If not, the stakes of the Prep Com will only be higher and the political difficulties only increased. Patience will wear thin and some states may seek alternate pathways, including pathways outside of the NPT, to achieve security assurances. This would be a dangerous precedent if it were realized.

Likewise, delegations must continue to hammer the point home that modernization of existing nuclear arsenals is incompatible with NPT obligations. The vast majority of states parties to the NPT do not possess nuclear weapons nor are they pursuing such capabilities. It is time for these delegations, representing the overwhelming majority of the global community, to speak strongly against the inherent hypocrisy of committing to disarmament, but engaging in expansive modernization programs. Rather than modernizing the weapons, nuclear weapon possessors should be pursuing the means to safely, verifiably, and transparently reduce the number of warheads in their stockpiles.

Without significant movement on these two threats to the NPT regime, the likelihood of achieving substantial progress towards the ultimate goal of a world without nuclear weapons will be seriously lowered.

 

—-Katherine Prizeman

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Germany as a Non-Permanent Member of the UN Security Council: An Evaluation

16 Jan

The Coordinator of our Media Initative (Matching:Points), Ms. Lia Petridis Maiello, recently authored an article detailing and evaluating the role of Germany as a non-permanent member of the Security Council over the last two years. Germany just completed its tenure in December 2012. She evaluates the issue-specific work of Germany in the following areas: Afghanistan; Children and Armed Conflict; Al-Qaida and Taliban sanctions; Non-proliferation of weapons of mass destruction and disarmament; Climate and Security; Libya; and Assessment.

An excerpt from her article is below with access to her full evaluation available here.

“In the past two years, the German government has been represented as a non-permanent member at the United Nations Security Council (UNSC). Despite a closely defined scope reserved for non-permanent members at the SC, the European middle power managed to inject new momentum and nuance to both established and new policy concepts. Following the departure of Germany from the SC and with the beginning of the new year, the inventories and analyses begin, particularly with regard to the perception of Germany by its international partners at the UN.

The last public meeting of the SC on international peace building just before Christmas, gave theoutgoing German Ambassador to the United Nations, Peter Wittig, once again the opportunity to thank the German partners for the excellent cooperation within the Security Council – with a subtle tone of melancholy in his voice. Wittig can be sure of his popularity among colleagues in the diplomatic circles of New York City. He is regarded as an “extraordinarily competent,” “objective,” “humble,” and a “very kind” representative. Many regret his departure and appreciate the Ambassador’s savoir vivre, a feature oftentimes missing in the German Foreign Minister Guido Westerwelle.”

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Highlighting the Humanitarian Consequences of Nuclear Weapons

3 Jan

The debate around nuclear non-proliferation and disarmament has taken many forms over the last several decades as the shifting security circumstances of the post-Cold War era have demanded a change in the discourse surrounding these indiscriminate and massively destructive weapons. Although the examples of Hiroshima and Nagasaki continue to remind all of humanity of the catastrophic and holocaustic consequences of the use of these weapons, continual references to the necessity of a nuclear “deterrent” as well as the claims of some states so-called prerequisite of first “creating the conditions” for nuclear disarmament often eclipse the focus on the disastrous nature of these weapons and ultimately the need to eliminate them at the earliest possible moment. It is incontestable that nuclear weapons have the capacity to threaten the survival of humanity and their mere existence ensures that this risk remains. The notion that a “limited nuclear exchange,” in itself a contraction in terms (as noted by several delegations during the 2010 NPT preparatory committee), is a valid argument for sustaining a nuclear “deterrent” is wholly inadequate.

Each year, delegations to the First Committee of the General Assembly continue to call for nuclear disarmament and, even more bluntly, a “world without nuclear weapons” through plenary statements and annual resolutions. The Non-Aligned Movement sponsored a new resolution during the 2012 session calling for a High-Level Meeting on nuclear disarmament to underscore its importance on the global security agenda. Furthermore, President Obama’s commitment to such a goal in April 2009 in a speech in Prague is continuously referenced as a bold and paramount change in the commitment to global nuclear disarmament. Nevertheless, as nearly four years have passed since President Obama made this commitment, little tangible progress has been made in the disarming of these weapons by the nuclear weapon states (NWS) and proliferation risks remain, not the least of which in the Democratic People’s Republic of Korea (DPRK) and Iran. The nuclear Non-Proliferation Treaty (NPT) Action Plan adopted at the 2010 Review Conference represents concrete steps that must be taken to achieve nuclear disarmament, in particular full implementation of Article VI. Nevertheless, agreeing to steps is not the same as taking them.

The discussion often missing from the many times abstract discussion of these weapons is that of the tangible, humanitarian consequences that would ensue if these weapons were indeed used by any of the possessor states. These consequences include those of a medical, environmental, and humanitarian nature. One of the most important takeaways from the first session of the Preparatory Committee for the 2015 Review Conference of the Parties to the NPT was the joint statement delivered on behalf of sixteen delegations (Austria, Chile, Costa Rica, Denmark, Holy See, Egypt, Indonesia, Ireland, Malaysia, Mexico, New Zealand, Nigeria, Norway, Philippines, South Africa, Switzerland) on the humanitarian dimension of nuclear disarmament in May 2012 at the UN in Vienna.

At this session, the government of Norway also announced that it would host an international conference on this topic in Oslo in March 2013. The discussion around these consequences has grown over the last few months leading up to the Oslo conference among governments as well as civil society. Civil society will also engage in a forum in Oslo prior to the government sessions to discuss the humanitarian dimension of nuclear weapons.

Research on the humanitarian dimension has also grown over the years. The International Committee of the Red Cross (ICRC) has already concluded that international organizations providing emergency relief following a nuclear explosion would be unable to adequately fulfill their mandates and other studies have shown that the radiation by a single nuclear weapon affects populations, resources, infrastructure, and agriculture over a vast area constituting a serious threat to many generations to come. Indeed, some would argue that the ability of States and civil society to address successfully the current, security-related challenges facing the majority of the global community, including poverty eradication, health accessibility, climate change, terrorism, and other aspects of transnational crime, is limited at best . Others have noted that the financial demands of maintaining nuclear arsenals directly drain resources from other social and economic programs for development. As 2015 draws nearer and the Millennium Development Goals (MDG) agenda is revised and reformulated, the spending on maintaining and even modernizing nuclear arsenals seems even more irresponsible. Clearly, a nuclear detonation on top of existing humanitarian obligations would cause unthinkable problems.

Moreover, inherent in the discussion of the humanitarian dimension of nuclear weapons is that of the applicability of international humanitarian law (IHL) (see more here in an article by John Burroughs, Charles Moxley and Jonathan Granoff). Many international lawyers, civil society advocates, and government officials have rightly asked the question—can the use of weapons with such horrific effects on humanity be compatible with IHL? When the International Court of Justice (ICJ) issued its Nuclear Weapons advisory opinion in 1996, the court affirmed the applicability of IHL to these weapon systems. IHL applied to these devastating weapons is but another tool that must utilized to deconstruct the argument that possession of these weapons does not pose a threat to the survival of humanity and, even more, somehow contributes to peace and security. Even the threat to use such weapons arguably has its own set of IHL-related problems as it has been established by many that such weapons cannot be used compatibly with established law.

With the Oslo conference and the corresponding civil society forum, the global community has the opportunity to underscore the urgency of ridding the world of these weapons in a timely and responsible manner through a total, irreversible, and verifiable process. This event represents the latest opportunity to put the devastating humanitarian consequences of weapons of mass destruction at the forefront of discussions on steps to bring about nuclear disarmament.

—Katherine Prizeman

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Remarks from Global Action’s Director at World Order Values Reception

10 Dec

We are here to highlight and celebrate the World Order Values: Peace, Social Justice, Economic Well-Being, Ecological Balance, Positive Identity

These are not values to inspire belief so much as values to guide and inspire practice.

These values have no hierarchy, but they have witnessed shifts in urgency. When I was younger at the World Order Models Project, it was the peace values that preoccupied most of us – more specifically peace in relation to the nuclear arms race.

The priorities have shifted over the years. Our climate now poses even deadlier challenges than our arsenals.

And, as we saw recently in Guatemala and South Africa, positive identity is more and more a requirement for healthy living, as important in its own way as clean air and a reliable security system.

  • No more are people content to remain trapped in self-concepts bequeathed by their captors or those who have otherwise humiliated them.
  • No more are people willing to ‘move on’ from gross abuse without as full an accounting of what happened to them as humanly possible.
  • No more are people willing to accept promises of assistance or respect from governments or corporations or even universities at face value.

The task in this season is not only to practice these World Order Values but to practice them in the right spirit  – a spirit of kindness and hospitality and attentiveness and humility. These values and the tasks associated with them represent a calling that is both high and common. ‘Common’ because everyone can contribute. ‘High’ because they demand so much of our spirits – our souls if you will – more sometimes than we seem willing to commit.

With all of the frustration that characterizes this work at times, all the travel to meetings that don’t result in real policy movement, all the strategic discussions that go nowhere, all the applications for grants or workshop opportunities that come back rejected, we have still – each in our own way and all of us together — helped to make world order values incarnate. We don’t know yet if it will be enough to turn energies and commitments away from consumption and competition and domination. But there is more in place now to help us reach our goals – more diplomatic infrastructure, more public awareness, more treaties and resolutions, more transparency, more skill.  This should reassure us that our task is only formidable, but not impossible.

The world order values have become for us more than candy sprinkles on our ice cream, more than adornments on our holiday trees.   They are the lifeblood of our work, the standards by which we will be judged by our grandchildren — and their grandchildren as well.

And so, a toast, to those children yet to come and to those of us who believe that Peace, Social Justice, Economic Well-Being, Ecological Balance and Positive Identity represent a future that is worthy of our progeny.

 

–Dr. Robert Zuber

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The Way Forward for the Arms Trade Treaty: UNGA First Committee Resolution

4 Dec

One of the most anticipated items on the First Committee agenda this year, the resolution entitled “The arms trade treaty” (A/C.1/67/L.11), was adopted on the whole by a vote of 157-0-18, thereby authorizing a new round of ATT negotiations for March 2013. The resolution, which was tabled by the original “co-authors” group of Argentina, Australia, Costa Rica, Finland, Japan, Kenya, and the United Kingdom, was co-sponsored by more than 100 delegations. As the July 2012 Diplomatic Conference ended without adoption of a consensus treaty setting common international standards for the transfer of conventional arms, the fate of renewed negotiations has rested on the formulation of a General Assembly resolution detailing a way forward. Although no delegations voted against the resolution and all have expressed some degree of support for continuing the ATT process next year, there remains contention over the status of the President’s draft treaty text from 26 July 2012 as well as the operative rules of procedure. As such, a separate vote was requested on operational paragraph (OP) 2, which describes the rules of procedure for the “final” 18–28 March 2013 Negotiating Conference as “utilizing the modalities, applied mutatis mutandis, under which the United Nations Conference on the Arms Trade Treaty of 2 to 27 July 2012 operated.” The result was 153-1-18 with the delegation of Iran dissenting. Likewise, a separate vote was also conducted on OP3, which designates the President’s 26 July text as “the basis for future work on the Arms Trade Treaty.” The result of this vote was 148-1-22 with Iran again representing the lone vote against retaining the paragraph.

Many delegations chose to offer explanations of vote (EOV) on the ATT resolution. Expressions of support were widespread as the representatives of Morocco, Norway, and Nigeria called on member states to support the resolution and remain committed to the continuation of negotiations. Nevertheless, discontent over some specifics within the President’s draft text was expressed by the Nigerian delegation, which underscored the need to more adequately address diversion and ambiguities in the Treaty’s scope. In addition, the delegation of Indonesia noted its abstention to OP2 and OP3 as the draft text “does not reflect its views and those of many other member states,” in particular on the matter of territorial integrity. Several delegations expressed their opposition to treating the President’s text as the sole basis for negotiations, including Belarus, Egypt, Iran, Ecuador, Cuba, Venezuela, Pakistan, and Syria. The representative of Egypt called the draft “a work in progress,” while the delegation of Belarus warned that the document would prejudice the results of the work of the upcoming March conference. The representative of Iran also offered an EOV on his delegation’s vote against OP3 noting that the draft text is “vague and full of loopholes” and also provides for far too much subjectivity in application of assessment criteria. In particular, Iran noted that the parameters explicitly allow arms-exporting states on their own volition to export as many arms as they want to any country or region if in their view it can “contribute to peace and security”. Likewise, he complained that the current draft text gives too much preference to the commercial interests of exporting states than the security of importing states and other states in their regions.

With regards to the rules of procedure, as laid forth in OP2, delegations expressed their support for consensus, although some offered more detailed caveats. The Mexican delegation reiterated its well-known concern over allowing consensus to be interpreted as the right of one or a few delegations to impede general agreement. Similarly, the representative of Morocco supported consensus as “an effective tool” so long as it is not abused or misinterpreted as veto power or a demand for unanimity. Other delegations, including Egypt and India, also warned against placing artificial deadlines or timelines on negotiations.

While the ATT resolution has been adopted and a pathway forward has been identified towards a March Conference to finish work on common international standards for the transfer in conventional arms, there remains significant disagreement over the substance of the future treaty text on many issues from scope to criteria to enforcement mechanisms. This calls into question the status of the President’s draft text as the single basis for negotiations, as some states continue to express their unease with many of its contents.

 

—Katherine Prizeman

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Convention on Certain Conventional Weapons Sessions at UN Geneva

19 Nov

In Geneva this past week, High Contracting Parties (HCPs) are meeting to discuss the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (CCW) and some of its individual Protocols. HCPs to the CCW must sign at least two of the Convention’s Protocols, but are not required to sign all of them.

The CCW, negotiated by 51 states in 1980, seeks to address the use and effects of so-called inhumane weaponry. To achieve these aims, the CCW itself contains only general rules and was designed to be expanded and updated to encompass new technological and methodological developments in warfare through the adoption of individual protocols. The Convention is considered a “living instrument” seeking to address new security challenges as they emerge in modern practice. As noted by Secretary-General Ban Ki-moon in remarks to the opening of the Conference on Protocol V on Monday morning, the CCW has been judged by its ability to catalyze action for states to prevent and remedy human suffering. This is a critical point in the context of the CCW framework as it seeks greater relevance to international peace and security. Nevertheless, the assertion that a proper balance between “military requirements and humanitarian concerns” must be struck continues to be made, particularly by delegations such as China and Pakistan. This is an ongoing and even at times unsettling debate in light of international humanitarian law (IHL) implications of the CCW.

Protocols to the CCW include (I) Non-detectable fragments; (Amended Protocol II) Landmines, Booby-traps, and other Devices; (III) Incendiary Weapons; (IV) Blinding Lasers; (V) Explosive Remnants of War (ERWs). Other issues remain unresolved in the context of the CCW, such as a compliance mechanism, a provision to ban small-caliber bullets, as well as a ban on cluster munitions and a restriction on the use of anti-vehicle mines. During last year’s 4th Review Conference for the CCW held in November 2011, a controversial debate arose regarding an attempt by some states to negotiate a new protocol focused on cluster munitions. In addition to the problem of adopting a framework that would ultimately allow for the use of cluster munitions is a larger normative problem insofar as such a protocol  would represent the adoption of an application of IHL that is weaker than a previously, and generally accepted, law in the form of the Convention on Cluster Munitions (CCM). The CCM comprehensively bans the use of cluster munitions and has been signed and ratified by 111 states parties. The cluster munitions protocol was ultimately blocked, which was deemed a great victory by civil society and many states parties alike.

This year, the CCW HCPs convened for the 6th Conference on Protocol V on ERWs, the 14th Conference on Amended Protocol II, and a two-day Meeting of States Parties (MSP). In particular, the two-day session assessing implementation of Protocol V was a refreshingly practical and beneficial exchange among HCPs as well as civil society experts who are working directly on mine action activities. Protocol V was adopted in November 2003 covering both abandoned and unexploded ordnance. The President of the Conference, Ambassador Akram of Pakistan, led Conference discussions on the themes of universalization; clearance, removal or destruction of ERWs; victim assistance; national reporting; generic preventative measures; cooperation and assistance and requests for assistance; and follow-up mechanisms. HCPs to the Protocol, other HCPs, observer states, the UN Mine Action Service (UNMAS), the International Committee of the Red Cross (ICRC), and other non-governmental organizations actively engaged in information exchange and the sharing of best practices on these themes in order to promote and improve full implementation of Protocol V. The ICRC had convened a meeting of experts the previous week to explore implementation challenges of Article IV of the Protocol related to recording, retaining and transmission of information. The delegation of UNMAS also encouraged HCPs to make greater use of the International Ammunition Technical Guidelines (IATG) adopted last year in the General Assembly. As for follow-up, the Conference decided that the next Meeting of Experts would take place from 10-12 April 2013 in Geneva and, as noted by the delegate of the European Union, Meetings of Experts are important for assessing progress and building on the substantive discussions of previous years.

Since the last CCW gathering, three new signatories have joined Protocol V—Lao People’s Democratic Republic, South Africa, and Turkmenistan—while the delegations of Cuba and Montenegro announced their intention to begin the process of acceding to the Protocol. Secretary-General Ban Ki-moon praised the work of Protocol V HCPs in addressing the challenges of states affected by ERWs, with a particular focus on safe storage of ammunition, sharing of best practices, and assessing fulfillment of Protocol obligations. The delegation of South Africa noted that the issue of ERWs is particularly alarming for the international community as almost every armed conflict generates ERWs that continue to wreak havoc on societies long after active hostilities cease. Observer states that are not a party to the Protocol, including the delegations of Lesotho and Yemen, also underscored the importance of universalization of the Protocol.

Following a general exchange of views, delegations received individual briefings from the respective Coordinators appointed on the various thematic issues and correspondingly adopted relevant recommendations included in the final adopted outcome document. This issue-specific format lent itself to a robust and constructive engagement on the technical aspects of implementation of Protocol V. The US delegation expressed its preference for these sessions noting, “The plenary format does not encourage an exchange of views.” With regards to universalization, HCPs requested the President-designate to consider reporting to the next session of the General Assembly on his/her endeavors. Furthermore, HCPs also agreed to continue consideration of clearance, removal or destruction of ERWs through capacity-building in the areas of surveillance, clearance and removal at the community level. They also agreed to continue to share practices and experiences among HCPs. The plan of action for victim assistance was also identified as a core component of mine action strategy and praised “the heart of the mandate” of the Protocol V instrument. Moreover, the Coordinator of this session noted the links between victim assistance and development, and HCPs agreed to continue to promote data collection and needs assessment, in particular “with regard to disaggregated data on gender and children as well as information on the needs of families of victims…” The delegation of Chile rightly noted that victim assistance is covered in a central chapter of implementation of the Convention and its practical value in this context is clear.

Recommendations on cooperation and assistance as well as national reporting were also adopted, in particular a recommendation on encouraging greater use of the Guide to National Reporting, which was adopted by the 4th Conference. The HCPs also committed to continue to address one specific technical issue directly related to the implementation of Article 9 and Part 3 of the Technical Annex of Protocol V, which includes important practical measures such as munitions manufacturing management, training, transfer, and future production. The delegation of UNMAS encouraged meetings of ERW-affected states to discuss their priorities and views. Likewise, the delegation of Australia, which is currently serving as chair of the Mine Action Service Group (MASG), underscored national ownership and capacity building with regards to cooperation and assistance requests. The UNMAS delegation also highlighted the importance of coordination for cooperation and assistance and noted the role of the UN system in serving as a conduit for such assistance requests. NGO colleagues also offered useful interventions. The Mine Action Group (MAG), for instance, offered its reflections on the work it has conducted in mine action on the ground in diverse global regions. In a similar fashion, the delegations of the Philippines and the US also offered detailed presentations on their national experience related to clearance and removal of ERWs in post-conflict settings.

As stated by the delegation of the Holy See during the general debate, ERWs not only pose a safety problem, but also a regional security challenge. Although no “new,” groundbreaking issues related to Protocol V were highlighted or resolved this session, the continued interest and enthusiasm around its universalization and robust implementation are important for both the disarmament and human rights communities as advocates and diplomats alike work to prevent gross human suffering during acts of warfare. It is essential that HCPs, in the context of Protocol V as well as the broader CCW framework, address not only the devastating humanitarian effects of such weapons during conflict, but also post-conflict and even during times of peace. As was noted by UNMAS and other delegations, unplanned explosions of munitions and ammunition sites are increasing risks and deserve attention at all times. Damage from unplanned explosions at munitions sites is far more costly than implementation of generic preventative measures that seek to curb this threat.

Many lessons can be drawn from the work on Protocol V of the CCW, namely the central role of victim assistance, the strong emphasis placed on national reporting and corresponding national templates, and the robust and regular exchange of information and best practices in an issue-specific format. With many other related processes underway in the disarmament and human rights fields, including the ongoing arms trade treaty (ATT) process and the Programme of Action on the illicit trade in small arms and light weapons (SALWs), the hope is that CCW practices based on the values of transparency and accountability will inspire these parallel processes. Such core principles must be an inherent part of any successful arms control, disarmament, or humanitarian instrument seeking to make a concrete difference on the ground.

 

—Katherine Prizeman

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Security Council Holds Open Debate on International Criminal Court

25 Oct

On 17 October the UN Security Council (SC) held an open debate on the subject “Peace and justice, with a special focus on the role of the International Criminal Court”. In addition to the five permanent members of the SC – China, France, Russian Federation, the United Kingdom and the United States – as well as the ten non-permanent members – Azerbaijan, Colombia, Germany Guatemala, India, Morocco, Pakistan, Portugal, South Africa and Togo -, UN Secretary General Ban Ki-moon, Judge and President of the International Criminal Court (ICC) Song Sang-Hyun, and a representative of the Office of the Prosecutor of the Court, Phakiso Mochochoko, also made statements at the debate. Many other non-members of the SC offered statements as well.

The majority of the speakers praised the good timing of the debate, as this year the Rome Statute, which established the ICC, celebrates its tenth anniversary. Furthermore, perhaps even more symbolic, Guatemala, which is presiding at the SC this month as president, is the latest state that has ratified the Statute. Therefore, at the initiative of Guatemala, this debate on peace and justice and the ICC was held this month. Many states, realizing the vitality and the sensitivity of the issue, expressed their wish to hear from the ICC at the SC on a more regular basis.

As Mr. Sang-Hyun and Mr. Mochochoko argued in their statements, and what was later on repeated by the vast majority of speakers at the debate, there cannot be peace without justice and there cannot be justice without peace. If the international community is aiming for sustainable peace, justice cannot be overshadowed and be seen as a secondary matter in any conflict resolution. As oftentimes justice has been sacrificed in order to reach peace, there is a prevailing “culture of impunity”  in many conflict-torn countries across the world. As General-Secretary Ki-moon noted, this is a new age of accountability and “the perpetrators can no longer be confident that their crimes will be unpunished”.

Another issue that was widely discussed among the speakers was the relationship between the SC and the ICC as well as their distinct mandates. While the UN SC is essentially a political body, which makes its decisions based often subjected to political aspirations and biases,, the ICC represents an international criminal law enforcement tool, which was set up to function completely independent and uninfluenced by the political currents often endemic in the SC. The separation of distinctive mandates is essential when speaking of referrals. When a state is not a party to the ICC, the SC, seeing that grave crimes have been committed and thus  a potential threat to an international peace and security has been identified, can refer the case to the ICC. The referral to the ICC should be impartial, therefore, as Pakistan pointed out, prepared with diligent scrutiny and never be a default process when an injustice occurs. On the other hand, the final decision would be made by the ICC whether to initiate an investigation or not.

Another issue widely addressed at the debate was the cooperation between the two institutions and how it should and could be improved. As non-SC members, such as New Zealand, Australia, Bangladesh and Lithuania pointed out, when the referral has been made, the SC has to act with the utmost commitment and support in order to make sure that the referral will be followed through upon. Failure in an execution of arrest warrants is a great example where there has been a lack of commitment.

Another important issue brought up during the debate was the Syrian case. Such states as Germany, the United Kingdom, Australia and Slovenia mentioned that mass breaches of human rights and grave atrocities against the Syrian population should be to the ICC. Keeping in mind how impotent the SC has been in acting on the Syrian case due seemingly intractable country positions, it would be unlikely to expect that this time things will go differently. Uruguay, on the other hand, brought up an important point – it raised a question, whether or not it would be fair and right if the permanent SC members would restrain from their veto power when dealing with such issues as crimes against humanity..

As international humanitarian law continues to gain more attention and legitimacy worldwide, the debate at the UN SC was timely and necessary. Many important issues have been addressed and the support that states declared for the ICC is encouraging and promising. A lot is still left to do to ensure global peace and justice, but fighting the “culture of impunity” and preventing future human rights violations through collaboration between the UN SC and the ICC is one of the ways to do it.

 

—Donata Saulyte

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