EU Presidency Statement - Status of Protocols Additional to Geneva Conventions

Mr. Chairman,

I have the honour to speak on behalf of the twenty-five Member States of the European Union. The Candidate countries Bulgaria, Croatia and Romania, the countries of the Stabilisation and Association Process and potential Candidate countries Albania, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia, Serbia and Montenegro, and the EFTA countries Iceland and Liechtenstein, members of the European Economic Area, align themselves with this statement.

Mr. Chairman,

The Geneva Conventions and the Additional Protocols are instruments of major importance and we would urge States that have not yet done so to ratify these instruments as soon as possible. We would further urge States that have not yet done so to ratify the Statute of the International Criminal Court. The Court is an important tool in the fight against impunity for violations of international humanitarian law.

The implementation of international humanitarian law is of crucial importance in a world torn apart by armed conflict. In the world community of the twenty-first century it is imperative that no one is beyond the protection of the law, particularly in situations of armed conflict, both international and non-international conflicts which during the last decades have increasingly become the cause for loss of human life. All those who find themselves in situations of turmoil and strife require adequate protection, and States must be fully aware of their responsibilities in this respect. Thus, we welcome this opportunity to reiterate the fundamental importance of the implementation of international humanitarian law, also in the General Assembly.

In December 2003, the 28th International Conference of the Red Cross and Red Crescent took place in Geneva. In this unique forum both the States Parties to the Geneva Conventions as well as the National Red Cross and Red Crescent Societies come together to foster the implementation of international humanitarian law. This is an unique opportunity for States and civil society to discuss issues of mutual concern with respect to armed conflict. Increasingly, the use of "pledges" during the International Conference has become a tool to actively engage all participants, and to underline that upholding the importance of international humanitarian law is the work of many, and requires contributions from governments as well as from civil society. I note that the European Union itself has also made pledges, in addition to those made by its Member States, with respect to our commitment to international humanitarian law. We express our appreciation to the Standing Commission of the Red Cross and Red Crescent for their endeavours which helped to make this International Conference a success.

The implementation of international humanitarian law in times of armed conflict is greatly facilitated by the expertise and tireless work of the International Committee of the Red Cross. The European Union wishes to express its great appreciation and continued support for its perseverance, and its efforts towards the full implementation of international humanitarian law. Its role in advocating the rights of the victims of armed conflict is a major contribution in ensuring the protection of victims of armed conflict afforded by the law. States concerned have specific legal obligations to co-operate with the International Committee of the Red Cross in order to ensure the protection of these persons - obligations that cannot and must not be avoided.

The European Union also wishes to commend Switzerland on its many efforts to promote international humanitarian law. Its endeavours to promote the Geneva Conventions and the Additional Protocols far exceed what could be expected of a depository.

Mr. Chairman,

Over the past ten years, the international community has established a number of tribunals and courts with a mandate to prosecute those responsible for acts of genocide, war crimes and crimes against humanity. In the course of their activities these courts and tribunals have played an important role in the development of international humanitarian law. This contribution includes, for example, determining the parameters of command responsibility, as well as which elements of international humanitarian law are part of customary international law. Relevant articles of the Rome Statute of the International Criminal Court (notably the definitions of crimes in articles 6 to 8, together with the "Elements of Crime", as well as articles 27 and 28 concerning official capacity and command responsibility) provide the most comprehensive reflection of today's international consensus on these issues.

Equally important are the steps taken at the national level to implement international humanitarian law, and to penalise violations of international humanitarian law. The principle of complementarity in particular stresses the need to ensure that war crimes, genocide and crimes against humanity are penalised, and thus can be prosecuted, within the domestic legal system. Domestic efforts to enforce international humanitarian law are a crucial component in our aims to further the implementation of the Geneva Conventions and Additional Protocols.

Also, once again, we would like to stress the potentially important role that could be played by the International Fact-finding Commission under article 90 of Additional Protocol I. Up until now, its mandate has unfortunately never been used. Given the quality of the experts on the Commission we believe that it would be ideally suited to facilitate the restoration of the respect for international humanitarian law during armed conflict. We also note that the Commission has indicated its willingness to provide its good offices in situations of non-international armed conflict, an offer that should be seriously considered by parties to such conflicts.

We note that work on a study of the customary law of armed conflict started some eight years ago under the aegis of the International Committee of the Red Cross. We understand that such a project requires a great deal of precision in the evaluation of the practice of States as well as their opinio iuris. We will consider the study carefully when it is published.

This year we celebrated the fiftieth anniversary of the conclusion of the Hague Convention for the Protection of Cultural Property in the event of armed conflict and its first Protocol on the trade in cultural property from occupied territories. Furthermore, the Second Protocol, on the criminalisation of violations of cultural property, entered into force this year. The European Union Member States are working towards ratification of these important instruments that seek to protect the cultural heritage of mankind in times of armed conflict. In this respect, we express our appreciation for the efforts of UNESCO and the ICRC to contribute to this protection.

Finally, Mr. Chairman,

We believe that the obligation to implement the Geneva Conventions and its Protocols is not a mere legal obligation. It is also a moral obligation. As members of the UN, we must live up to the expectations of protection contained in these documents.

Thank you, Mr. Chairman.

*Croatia continues to be part of the Stabilisation and Association Process

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