Costa Rica 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. Costa Rica 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. Early in the consultation process Costa Rica delineated key elements of a Political Declaration on explosive weapons in populated areas including: a commitment to avoid the use of explosive weapons in populated and urban environments due to the great impact and harm caused to civilians and vital infrastructure; recognition of the direct and indirect impact on urban infrastructure of explosive weapons use; recognition of the psychological effects for the victims and their families, as well as the inhabitants of the affected communities; underlining the need to act in compliance with international humanitarian law and international human rights law and the need to develop effective measures to increase such compliance; promotion of cooperation and exchange of good practices as well as information gathering on harms caused; recognition that effective and timely attention and assistance should be given to victims of explosive weapons in populated and urban settings, in all its aspects – physical, psychological, and economic; to ensure that the recognition of assistance will be extended to the families of the victims and affected communities.”1
These were repeated themes throughout Costa Rica’s statements to the consultations, where it repeatedly emphasised that the Declaration should recognise the full range of direct and indirect, short and long-term humanitarian impacts – including displacement, increased poverty, and psychological trauma – of explosive weapons in populated areas use, especially of explosive weapons with wide area effects.2 At the fourth round of consultations in June 2022, Costa Rica said that although not fully perfect, the draft demonstrates an energetic rejection by the international community to attacks against civilians and other protected people, as well as to the use of explosive weapons in populated areas.3 At the signing ceremony in Dublin in 2022, Costa Rica recalled the harmful direct and indirect effects of the use of explosive weapons in populated areas, including to physical and mental health, and the environment. It commended the participation of civil society during the process, and said that the Declaration is a sign of hope for the future. It highlighted the five biggest producers of explosive weapons have signed the Declaration, and expressed hope for its implementation.4
Costa Rica committed to take on the international leadership working towards the universalisation and implementation of the Political Declaration alongside Norway and Ireland during the first international follow-up conference in Oslo in April 2024. The Troika - representing the past, present and incoming Chairs of the process - stressed the continued severe humanitarian suffering and destruction caused by the use of explosive weapons in populated areas in multiple ongoing conflicts and set out concrete recommendations for the way forward. The Troika reaffirmed that efforts to implement the Declaration at the national level must continue and be reinforced through the development and improvement of policies and practices, including on restricting or refraining from the use of explosive weapons in populated areas when such use is expected to cause harm to civilians or civilian objects. It also emphasised the need for states to gain a thorough understanding of direct and indirect effects, obtained through data collection and sharing, and factoring such efforts into the planning and conduct of military and security operations. The Troika also called for states to increase assistance to victims and communities affected by armed conflict. 5
Statements and positions
Costa Rica has frequently spoken on explosive weapons in populated areas in multilateral forums, primarily to call attention to the devastating humanitarian impacts, to condemn the harms caused to civilians, and to call for action to better protect civilians from harm. At the first international follow-up conference on the implementation of the Political Declaration, Costa Rica’s Vice Minister of Foreign Affairs voiced concern for the current “international climate marked by a particular increase in the use of explosive weapons in populated areas” and the “grave human costs” seen in Ukraine, Gaza, Sudan and Myanmar. The conference, Costa Rica said, was “instrumental in fostering cooperation, sharing best practices, and building renewed commitments”. Costa Rica highlighted the recommendations (see above) put forward by the Troika, and encouraged states to build upon them as the foundation of many more actions towards full implementation of the Political Declaration.6
At the UN General Assembly First Committee in 2021, Costa Rica condemned the use of explosive weapons in populated areas and called on member states to support a strong Political Declaration on strengthening the protection of civilians from humanitarian harm arising from the use of explosive weapons in populated areas.7 At the 77th UN General Assembly First Committee General Debate, Costa Rica welcomed the conclusion of the negotiations on the Political Declaration, and applauded Ireland for its leadership throughout the process.8 At the same meeting in 2024, Costa Rica repeated its concern, and stated that the “use of explosive weapons in densely populated areas continues to be on the rise and disproportionately affects women, girls, boys, people with disabilities and older people.” 9 Also at the Meeting of High Contracting Parties to the Convention on Certain Conventional Weapons in 2024 did Costa Rica express its support for the Political Declaration.10
At the UN Security Council open debates on the protection of civilians in conflict, Costa Rica also repeatedly raised concerns about, and urged action on the use of explosive weapons in populated areas, including in 2017, 2018, 2019 and 2024. In 2017, Costa Rica supported calls for parties to conflict to “avoid the use of explosives within or close to densely populated areas and or explosive weapons with wide-ranging effects” and reiterated support for international efforts aimed at putting an end to explosive weapons use in densely populated areas.10 In 2018, Costa Rica described the use of explosive weapons in urban areas as “simply unacceptable”, noting that it “constitutes a huge humanitarian challenge in current conflicts”11 and in 2019 reiterated its call for parties to armed conflict to end use of explosive weapons with wide area effects in populated areas, recalling the devastating humanitarian impact such weapons have on civilians and civilian infrastructure.12 At the UN Security Council Open Debate on Children and Armed Conflict on 5 July 2023, Costa Rica stressed the importance of an intersectional approach to ensure adequate and child-sensitive responses to the use of explosive weapons in densely populated areas.13
Alongside its individual statements, Costa Rica has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. In 2018, Costa Rica joined 22 other Latin American and Caribbean states at the Santiago Regional Meeting on Protecting Civilians from the Use of Explosive Weapons in Populated Areas in 2018, resulting in the Santiago Communiqué in which the participating states agreed to take further action on the issue.14 In 2018 and 2019, Chile joined some 50 and 71 states respectively to endorse joint statements on the use of explosive weapons in populated areas at the UN General Assembly First Committee, calling attention to the devastating and long-lasting humanitarian impact of the use of explosive weapons in populated areas and urging states to reverse the trend of high levels of civilian harm.15
Costa Rica also supported a statement delivered by Austria to the World Humanitarian Summit Roundtable on Upholding the Norms that Safeguard Humanity in May 2016, in which it committed to raising international awareness of use of explosive weapons in populated areas, supporting the collection of data on direct civilian harm and the exchanging of good practices and lessons as well as look for effective measures to strengthen the respect for international humanitarian law, including an international Political Declaration on the use of explosive weapons in populated areas.16 Costa Rica has also condemned the use of explosive weapons in populated areas in numerous joint statements, including as a member of the Human Security Network at the 2013 and 2014 UN Security Council open debates on the protection of civilians in armed conflict.17 In these statements, the Human Security Network called for all parties to an armed conflict to refrain from using explosive weapons with a wide impact area in populated areas, emphasising that these weapons are indiscriminate within their zones of detonation and therefore pose unacceptable risks to civilians.