EU Presidency Statement - Status of Protocols additional to the Geneva Conventions

Statement by Ms. Anna Sotaniemi, Legal Adviser, Permanent Mission of Finland to the United Nations, on behalf of the European Union, UN 61st Session, VI Committee, Agenda Item 75: Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts, New York

Mr. Chairman,

I have the honour to speak on behalf of the European Union.

The Acceding Countries Bulgaria and Romania, the Candidate Countries Croatia* and the former Yugoslav Republic of Macedonia*, the countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, Serbia, as well as Ukraine and the Republic of Moldova align themselves with this declaration.

Mr. Chairman,

Respect for human rights and fundamental freedoms, as well as the rule of law are key principles that the European Union is founded on. These principles include the goal of promoting compliance with international humanitarian law. The European Union is fully committed to do so in a visible and consistent manner, as shown by the adoption of the European Union Guidelines on promoting compliance with international humanitarian law in December 2005. The purpose of the Guidelines is to set out operational tools for the EU and its institutions.

The European Union urges the Member States of the UN, -that have not yet done so-, to accede to both additional Protocols of 1977 to the Geneva Conventions and to consider accepting the competence of the International Fact-Finding Commission, pursuant to Article 90 of the First Additional Protocol.

The EU welcomes the adoption in December 2005 of III Additional Protocol, establishing an additional emblem, the red crystal, alongside the existing emblems. The EU urges the Member States to sign and ratify the protocol with a view to its early entry into force. This is particularly important, bearing in mind that the purpose of the red crystal is to enhance the protection of victims.

Mr. Chairman,

As the Geneva Conventions enjoy universal acceptance, and most of the provisions of the Conventions and their 1977 additional protocols are generally recognised as customary law, it seems clear that our focus is on the full implementation and dissemination of international humanitarian law. In this context, the EU wishes reiterate that certain minimum standards of humanity, including Article 3, common to Geneva Conventions which contains some of the minimum standards of humanity, must be respected in all situations of armed conflict.

The EU wishes to commend the ICRC for its continuous and manifold efforts to strengthen and to promote the dissemination of IHL as reported by the Secretary-General under this agenda item (A/61/222). In particular, the European Union notes with interest the completion of the comprehensive study on Customary International Humanitarian Law by the ICRC which deserves a careful study by the Member States.

The European Union also welcomes the various national efforts to implement and disseminate IHL. Without proper training of armed forces, in particular, the norms of IHL remain without practical relevance. The EU is currently implementing its pledges made at the 28th Conference of the Red Cross and Red Crescent concerning also the dissemination of IHL amongst the youth.

Mr. Chairman,

The European Union recalls with satisfaction the adoption of the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law as Annex to the GA Resolution (60/147). The principles and guidelines address in a systematic way, -for the first time at the international level-, the question of remedies and reparation for victims which should be provided in national law.

The ICTY, the ICTR and the ICC, being a first permanent international criminal court play a critical role in promoting respect for international humanitarian law by prosecuting and adjudicating perpetrators for the most serious crimes of genocide, crimes against humanity and war crimes. But, equally, another important function of the International Criminal Court is to deter those who are tempted to commit these appalling acts. In addition, the Rome Statute of the ICC allows, -for the first time at the international level-, victims to take part in the proceedings before the court and to receive compensation. Justice is also restoring the dignity of victims. The EU reiterates its call upon all States to ratify or accede to the Rome Statute.

I thank you.


* Croatia and the former Yugoslav Republic of Macedonia continue to be part of the Stabilisation and Association Process.

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