Australia was actively involved in the process to develop a Political Declaration on the use of explosive weapons in populated areas, and was among the first group of states to endorse the Political Declaration in Dublin in November 2022. Australia regularly delivered statements throughout the consultations towards a Political Declaration, as well as raising concerns around explosive weapons in populated areas and expressing support for a Political Declaration in other multilateral forums. In the first consultations on the declaration in November 2019, Australia submitted a written statement on the scope and content of a Political Declaration, noting that it should, inter alia: distinguish between lawful use of explosive weapons use in breach of international humanitarian law; reinforce the importance of universal respect for existing principles of international humanitarian law and recall that international humanitarian law applies to non-state actors who are parties to armed conflict; underline the importance of attention to military policies and practices as well as the testing of new weapons and means and methods of warfare before use in armed conflict; recognise that, in certain circumstances, a failure to apply force can itself have serious humanitarian consequences such as prolongation of conflict; and encourage the sharing of good practices and operational policies relevant to reducing the risk of civilian harm in armed conflict in populated areas.”1
As the consultation process progressed, Australia delivered several additional statements in response to the evolving draft of the Political Declaration. Several of these interventions were aimed at emphasising that the harms caused to civilians by explosive weapons use in populated areas are a possibility instead of an inherent effect of such use. For example, Australia agreed with the UK that instead of saying that explosive weapons in populated areas use “is having” devastating impacts, the declaration should say that it “can have” these impacts or that these impacts “can arise” from explosive weapons in populated areas use.2 In the March 2021 consultations, Australia supported the proposed addition of qualifiers in the text to indicate that harm “can” potentially arise from the use of explosive weapons in populated areas. It also argued that the Political Declaration should focus on promoting existing IHL, as strengthening compliance with IHL would be useful to effectively regulate the use of explosive weapons in populated areas without needing to create new obligations.3 During the fourth consultations in April 2022, Australia recommended the addition of “impartial” in relating to humanitarian relief in paragraph and also expressed reservations about the term “reverberating effects”.4
At the United Nations General Assembly First Committee in 2022, Australia welcomed the conclusion of the negotiations on the Political Declaration, referring to the finalized text as a “bright spot” in 2022.5 At the signing ceremony in Dublin in November 2022, Australia noted that “while the use of explosive weapons in populated areas is not prohibited by IHL, the right of parties in an armed conflict to choose methods or means of warfare is not unlimited”.6
Australia attended the first international implementation conference on the Political Declaration in Oslo, Norway in April 2024.
Statements and positions
At the first international implementation conference on the Political Declaration, Australia underlined the historical milestone that was the adoption of the Political Declaration, and that, tragically, the need for the Declaration is more urgent than ever, naming the harm to civilians and destruction of infrastructure in Palestine specifically. Australia emphasised its readiness to deliver on the Declaration’s commitments and promote its universalisation, sharing that reference to the Political Declaration was made in its Law of Armed Conflict Doctrine (updated in 2023), and applauded initiatives to improve data collection mechanisms to track and respond to civilian harm and encouraged further discussions herein.7
Australia has frequently spoken on explosive weapons in populated areas in multilateral forums, primarily to condemn the harms caused to civilians when explosive weapons are used without regard for international humanitarian law and call for action to better protect civilians from harm. At the 2022 Meeting of the CCW High Contracting Parties in November, Australia expressed hope that the Political Declaration on explosive weapons in populated areas will contribute to improving IHL compliance and enhance the protection of civilians.8 At several UN Security Council open debates on the protection of civilians in armed conflict Australia included in its statement a condemnation of the use of “powerful”9 explosive weapons in populated areas without regard for international humanitarian law restrictions as a clear violation of the limits of conflict. At the 2024 debate, Australia expressed alarm over the 72% rise in civilian casualties from 2022 to 2023, the significant number of civilians killed or injured by the use of explosive weapons herein, and the targeting and destruction of critical infrastructure, such as water supplies, schools and hospitals, and the reverberating effects herein, mentioning Gaza. Sudan, Burkina Faso and Ukraine specifically. Australia urged all states to endorse the Political Declaration.10 At the 2024 UN General Assembly’s First Committee on Disarmament and International Security, Australia drew attention to the Political Declaration and emphasised the need to honour its commitments to mitigate and prevent harm to civilians from the use of explosive weapons in populated areas.11
Alongside its individual statements, Australia has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. At the January 2022 UN Security Council open debate on War in Cities, the Group of Friends of the Protection of Civilians in Armed Conflict (of which Australia is a member) called on states to enhance the protection of civilians, including from the use of explosive weapons in populated areas, and took note of the ongoing consultations to develop a Political Declaration on this subject.12 The Group made similar remarks at the 2022 UN Security Council open debate on the protection of civilians,13 and noted the adoption of the Political Declaration at the 2023 open debate.14 The Group’s statement in 2024 highlighted the widespread and reverberating harm caused by the destruction of critical infrastructure, and welcomed initiatives that provide a more nuanced understanding of how patterns and types of harm affect different groups and identified the Political Declaration as a concrete tool to minimise such harm effectively.15
Implementation of the Political Declaration
In February 2024, INEW and EWM conducted a state survey into endorser states' national efforts to disseminate and implement the Political Declaration. In the survey, Australia reported that it had disseminated the Political Declaration, specifically to its departments of Defence and Foreign Affairs and Trade. In addition, Australia reported that it has nominated a point person responsible for the implementation of the Declaration in its Department of Foreign Affairs and Trade, namely a Director in its Emerging Technologies and Conventional Weapons.16
Australia responded that it had conducted briefings, workshops or trainings on the content of the Political Declaration. It emphasised its adherence to international humanitarian law, which is reflected in policies, doctrine directives and instructions. On the use of explosive weapons specifically, it stated that its ‘training continuum ensures ADF commanders consider minimising the impact of operations on civilian populations, where possible and ensuring that targets within populated areas are legitimate and necessary to engage.’17
Australia identified a number of policies, practices, laws or doctrines that could be used to implement the Declaration’s commitments, including its Rules of Engagement, Law of Armed Conflict Doctrine - the 2023 update includes reference to the Declaration - and the Defence Force’s Targeting Doctrine.18
To view all of Australia’s responses to the INEW and EWM state survey, and other states’ responses, see the Explosive Weapons Monitor 2023, Chapter III on Universalisation and Implementation of the Political Declaration.