Austria

Austria was actively involved in the process to develop a Political Declaration on the use of explosive weapons in populated areas, having been instrumental in raising the issue of use of explosive weapons in populated areas in multiple forums and initiating the process towards a Political Declaration through the Vienna Conference on the Protection of Civilians in Urban Warfare.1 Austria was among the first group of states to endorse the Political Declaration in Dublin in November 2022.

Austria offered written comments on each proposed draft of the Political Declaration and delivered multiple statements during the 2019 to 2022 consultation process as well as during the signing ceremony in November 2022.2 In November 2019 Austria delineated elements it believed should be present in a Political Declaration including: respect existing obligations under international humanitarian law (IHL) when using explosive weapons in populated areas; adopt and review for this purpose military policies and practices that will enhance the protection of civilians; implement, review, and where needed, develop or improve national policy and practice, including doctrine and rules of engagement and identify, share and support the implementation of good policy and practices; train armed forces and conduct exercises on the protection of civilians from the use explosive weapons in populated areas and urban warfare in general; collect or support the collection of reliable and relevant data, including disaggregated data, on civilian harm; provide assistance to victims; investigate and prosecute violations of applicable national and international law in the use of explosive weapons in populated areas; raise awareness of the humanitarian concern caused by the use of explosive weapons in populated areas and urban warfare in general; promote the Political Declaration; meet on a regular basis, inviting also relevant international organisations and civil society, to review the implementation of the Political Declaration.”3

Throughout its engagement in the consultation process, Austria repeatedly emphasised the need for the Political Declaration to accurately reflect humanitarian impacts of use of explosive weapons in populated areas, particularly where those weapons have wide area effects and/or there is a strong likelihood of indiscriminate effects. Austria argued that as part of this recognition, the declaration should address indirect, long-term, and reverberating effects of explosive weapons in populated areas, such as displacement, disruption of essential services, increased poverty, destruction of the environment, contamination through explosive remnants of war, psychological trauma, disabilities, and similar issues. Austria also argued that there should be a focus on promoting existing IHL (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. Austria also called for the provision of timely and adequate victim assistance in a non-discriminatory manner, the consideration of non-state actors in the declaration, and the investigation of allegations of the use of explosive weapons in populated areas that is in violation of IHL, and, where appropriate, for the due prosecution of perpetrators.4

During the consultations, Austria expressed support for the inclusion of “reverberating effects” in the text and acknowledgement of the multifaceted nature of the effects caused by the use of explosive weapons in populated areas, and emphasised the importance of ensuring that the Political Declaration enhances compliance with IHL through political commitment and practical measures as well as a meaningful, transparent and inclusive follow-up process that includes all relevant stakeholders.5 Austria also emphasised the importance of data collection, particularly disaggregated data collection, to more clearly represent the realities of explosive weapons in populated areas use.6 Austria also welcomed that the final declaration proposes language going beyond the simple reaffirmation of the needs for states to abide by existing international law and included the commitment to ensure that armed forces adopt and implement a range of policies and practices to avoid civilian harm by restricting or refraining as appropriate from the use of explosive weapons in populated areas.7 At the signing ceremony in November 2022, Austria said that the Political Declaration follows a clear humanitarian imperative to prevent and to reduce civilian harm from explosive weapons, and that its effective implementation will require structured cooperation at global, regional and sub-regional level, in addition to the active involvement of humanitarian actors of affected communities and civil society and the military.8

Statements and positions

Austria has frequently spoken on explosive weapons in populated areas in multilateral forums. At the first international follow-up conference on the implementation of the Political Declaration, Austria expressed concerns about armed conflicts taking place in urban environments, identifying Ukraine, Gaza and Yemen, that “show patterns of massive civilian harm and the urgent need to do more for the protection of civilians”. Speaking during the panel on Military Policies and Practices, the Secretary General of the Austrian Ministry of Defence, underlined the special role Ministries of Defence and Armed Forces have in implementing the Declaration. Highlighting key findings from a “Military Workshop in EWIPA” organised in Vienna in 2024, the Secretary General first expressed that conflict should be avoided at all cost. To ensure adequate civilian protection, Austria called for the protection standards set out in the Declaration to be viewed as a legal, ethical and strategic priority for mission success and to be integrated throughout the ranks of the military, from strategic to tactical. A concrete first step to achieve this “could be for militaries to review already existing policies and practices on protecting civilians with a view to fully integrate EWIPA and identify possible gaps or needs for adjustments in this regard.” Austria said it had already started such a review-process. Austria stated that recognising the need to protect civilians in accordance with the Declaration may have far-reaching consequences on the structure and role of some military branches. It emphasised the need for more civilian expertise in military planning and training, and further stated that “in general, the knowledge of the technical characteristics of explosive munition and their delivery systems as well as effects they have in a specific context of use including potential direct or reverberating effects must be enhanced to take into account the humanitarian consequences the use of a weapon can have.” Furthermore, Austria said efforts should be made to integrate challenges to protecting the civilian population from explosive weapons when planning scenarios for military exercises, including “civilian presence, the built-op structure or the interconnectedness of services.” Austria emphasised that an “adequate level of information about the civilian environment is a decisive factor” herein. Finally, the country highlighted the importance of leadership. “The Commander’s intent during military operations and its transmission to the soldiers in the field is one of the most important aspects to ensure the protection of civilians from the humanitarian consequences of the use of EWIPA.”9 

Austria has spoken on explosive weapons in populated areas at the UN, including at the Security Council open debate on the protection of civilians in armed conflict,10 where it has primarily focused on raising awareness of the devastating humanitarian consequences of the use of explosive weapons in populated areas on civilians and to bring attention to the urgent need to end the use of explosive weapons in populated areas. At the 2024 debate, Austria expressed that the high number of civilian casualties from the use of explosive weapons in populated areas were unacceptable, and stated that the Political Declaration offered a concrete toolbox for states to address this, and underlined its ongoing commitment to further engage in all aspects of implementation, including military policy and practice, data collection and analysis, humanitarian access and victim assistance.11 At the UN Security Council open debate on children and armed conflict on 5 July 2023, Austria said it was “appalled by the growing number of verified grave violations. The overall increase in attacks against schools, hospitals and protected personnel, as well as the denial of humanitarian assistance and the use of explosive weapons in populated areas, is truly horrifying.”12 During the UN General Assembly First Committee in 2021, Austria delivered a statement reiterating concern over these devastating humanitarian consequences and noting its strong support and continued engagement in the process toward a Political Declaration on the use of explosive weapons in populated areas.13 At the same meeting in 2022, Austria made clear that it is “strongly committed to the implementation of the Declaration together with all relevant stakeholders, states, UN entities, the International Committee of the Red Cross, international and regional organisations, humanitarian actors, survivors and civil society, to ensure that the measures foreseen will effectively be implemented without delay in order save lives and reduce civilian harm.”14 Austria has also expressed similar positions at the UN Security Council open debate on children and armed conflict, the Meeting of High Contracting Parties to the Convention on Certain Conventional Weapons, the 2022 UN Security Council open debate on war in cities and the World Humanitarian Summit Roundtable on Upholding the Norms that Safeguard Humanity (May 2016). During the UN General Assembly’s First Committee in 2024, Austria expressed deep concern for “unacceptable levels of civilian harm caused by the use of explosive weapons in populated areas” as armed conflicts predominantly shift to urban environments. It called on all states to endorse the Political Declaration and work together to prevent and mitigate the harm to civilians, and underlined its dedication to universalisation and effective implementation, including by militaries.15 Austria also expressed support for the Political Declaration at the 2024 Meeting of the High Contracting Parties to the Convention on Certain Conventional Weapons.16 

Since signing the Political Declaration, Austria has repeatedly called for states to join the declaration and said it looks forward to working together with all stakeholders on its effective implementation –  during the UN General Assembly First Committee in 2023,17 where it also announced it will host a workshop for effective implementation of the declaration in January 2024 in Vienna,18 and during the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict on 23 May 2023.   

Alongside its individual statements, Austria has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. As a member of the European Union (EU), Austria has signed onto numerous joint statements condemning the use of explosive weapons in populated areas and the harms it causes to civilians and civilian objects, as well as calling for greater IHL compliance. This includes at several UN Security Council open debates on the protection of civilians in armed conflict19 and at the General Debates of UN General Assembly First Committee,20 as well as at the 2022 UN Security Council open debate on War in Cities where the EU expressed concern over the indiscriminate use of explosive weapons in populated areas, including near hospitals, schools, and universities.21 At the 2024 UN Security Council open debate on protection of civilians, the EU stated it was ‘deeply concerned by the use and humanitarian consequences of explosive weapons in populated areas, which has significant civilian impact and should thus be restricted or avoided.22 ’The EU, with Austria signing on, has also repeatedly welcomed the Political Declaration on explosive weapons in populated areas – at the 2022 Dublin Conference, the 2022 and 2023 UN General Assembly First Committee, and at the 2023 UN Security Council open debate on the Protection of Civilians. Austria also aligned with the World Humanitarian Summit Core Commitments to ‘Uphold the Norms that Safeguard Humanity’ as an EU member state in May 2016. This included the commitment “to promote and enhance the protection of civilians and civilian objects, especially in the conduct of hostilities, for instance by working to prevent civilian harm resulting from the use of wide-area explosive weapons in populated areas, and by sparing civilian infrastructure from military use in the conduct of military operations.”23  

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, Austria reported that it has disseminated the Political Declaration to the departments of defence, foreign affairs and development, armed forces and other stakeholders. Universalisation and national implementation of the Political Declaration was set out as a priority by the Foreign Minister in a speech to Parliament outlining the department’s priorities to be engaged in the framework for the European Union for 2024.28 

The Ministry of Foreign Affairs and the Ministry of Defence and Armed Forces have joint responsibility for the implementation of the Political Declaration, with point people nominated in both; the Head of Unit for Conventional Weapons, Department for Disarmament, Arms Control and Non-Proliferation and a staffer in the Military Policy Division, respectively.29 

Austria stated that it had conducted briefings, workshops or trainings on the content of the Political Declaration, and that its Ministry of Defence had developed an ‘implementation plan’ which highlights different areas of work, approved by the Secretary General of the MoD in August 2023. A work group has been established to oversee implementation measures and identify further areas of work. Briefings have been conducted to familiarise departments and divisions with the Declaration and its commitments, alongside an ongoing implementation process, including with the Capability Development Department at the Military Operations Department and the Army School.30 

In January 2024, the Austrian Federal Ministry for European and International Affairs and the Federal Ministry of Defence jointly conducted a ‘Vienna Military Workshop on the implementation of the EWIPA Political Declaration’. The workshop was attended by more than 100 participants, including military experts from endorsing states, and representatives from the UN, ICRC, national chapters of the Red Cross, academia and civil society. The workshop outcome document set out concrete recommendations for implementation.31 

In March 2023, the Regional Conference of European National Committees on International Humanitarian Law was convened in Vienna, jointly organised by the Austrian MFA and the ICRC. One topic of discussion was ‘protection of critical infrastructure, urban warfare, EWIPA and the implementation of the Political Declaration” where universalisation and implementation were discussed and the declaration disseminated.32 

The Austrian National Committee on IHL are regularly informed about national progress on the implementation of the Political Declaration.33 

In October 2019, the Austrian MFA convened an international conference titled ‘Vienna Conference on protecting civilians in urban warfare’ a key event in the initiation of the political process towards the Political Declaration.34 

Austria has started its implementation process, but reported that it is still considering what concrete measures this requires. Two specific areas of future work have been identified. The first is the adoption of a dedicated Policy on the Protection of Civilians from the use of Explosive Weapons in Populated Areas “which should provide overarching policy guidance for the implementation process”. The second is to integrate measures regarding the use of explosive weapons in populated areas into Austria’s Article 36 review process.35 

Austria stated that it would draw on its existing activities on the ‘Protection of Civilians’ when implementing the Political Declaration, including its biannual ‘Comprehensive POC Course’, the creation of a dedicated section on ‘Human Security’, “which provides structured support in the planning and conduct of all military operations” and a plan to establish a ‘Centre of Excellence on POC”.36 

Beyond this, Austria stated that the engagement of its MFA “regarding the EWIPA Political Declaration fits into the overall foreign policy priority of strengthening the protection of civilians in armed conflict, including aspects of humanitarian assistance and development cooperation.” It stated that the MFA “aims to ensure to foster implementation of the EWIPA Political Declaration, including: 

• Vienna Military Workshop on the implementation of the Declaration 24/25 January 2024 to foster implementation by the military following a multi-stakeholder approach; including integration of the voices of survivors and their representative organisations;
• Dissemination and awareness raising by Austrian National Committee on IHL;
• Foreign policy/political statements on the need to implement and universalize the Declaration, including in concrete situations of armed conflict and post armed conflict.
• Regular bilateral and regional universalisation outreach on universalisation including on political level.
• Support for political work and policies to strengthen implementation of provisions regarding: (1) humanitarian access, (2) data collection regarding direct and reverberating effects, (3) victim assistance according to the rights of survivors, affected families and communities and (4) MRE and clearance obligations and commitments; including through joint efforts with related instruments such as the APMBC, the CCM and the CCW Protocol V and the CRPD. Financial contributions by the MFA to NGO network INEW to support the important work of civil society in the universalization and implementation of the Declaration and to foster a multi-stakeholder approach."37

To view all of Austria’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.