Cuba has not yet endorsed the Political Declaration on the use of explosive weapons in populated areas (explosive weapons in populated areas).
It did, however, participate in the negotiations towards a Political Declaration. In 2020, commenting on a draft of key elements for the declaration, Cuba emphasised that the Political Declaration should be in line with the UN Charter, particularly in that it should recognise “legitimate defence” for crimes of aggression, referencing UN Charter article 51, and respect sovereign equality, non-interference with internal affairs of states, and self-determination. Cuba also noted that the use of explosive weapons in populated areas is prohibited by International Humanitarian Law (IHL) and cannot possibly meet IHL principles, and expressed concern that, in Cuba’s view, the draft elements paper appeared to indicate that such use is possible and can be justified.
Cuba focused on the importance of states reiterating their commitments to enforcing IHL to prevent the use of explosive weapons in populated areas and emphasised that the Political Declaration must not weaken IHL by being selective in references or abbreviating or restating IHL. Cuba insisted that states should be the first to avoid use of explosive weapons in populated areas, but non-state actors should also be prevented from obtaining or using explosive weapons of any kind. Consequently, Cuba also called for the document to mention arms producers, saying that they bear clear responsibility for use of explosive weapons in populated areas.1
Cuba attended the first international follow-up meeting on the Political Declaration in Oslo, Norway in April 2024.
Statements and positions
At the first international follow-up conference, Cuba expressed support for the protection of civilians promoted at the conference, and praised it for providing a platform highlight the lived experiences of victims and survivors, speak about humanitarian access and assistance requirements, the role of the UN, the ICRC, international organisations and civil society, and exchange research on and lessons learnt on the harm from explosive weapons, with the aim of raising awareness of humanitarian consequences as well as good practices to strengthen protection. Cuba emphasised the importance of international humanitarian law, and expressed that even though explosive weapons do not amount to their own category in international law, “states must refrain from using explosive weapons with wide-area impacts in densely populated areas.” This, it stated, caused indiscriminate damage and unnecessary suffering and cannot comply with the principles of distinction, precaution and proportionality set out in international humanitarian law, and thus should be forbidden. Cuba also spoke about the need for states to consider the area effects and lethality of weapons, as well as the population density in areas where they might be used. Cuba also raised concern about the use of explosive weapons by non-state armed groups.2