Germany 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. Germany regularly delivered statements throughout the consultations towards a Political Declaration1, 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 Germany highlighted the importance of developing and sharing military policies and good practices – in military doctrines, tactical instructions, rules of engagement, the testing and development of new weapons, education, and other measures—to enhance protection of civilians and compliance with international humanitarian law (IHL)2.
These were repeated themes throughout Germany’s statements to the negotiations, which also emphasised the need for the Declaration to condemn violations of IHL (at times suggesting that indiscriminate and therefore non-IHL-compliant use of explosive weapons in populated areas was the primary cause of civilian harm) and to accurately reflect the role of non-state actors in causing civilian harm as well as their responsibilities. Alongside France and the UK, Germany submitted a joint statement to the consultations delineating key elements they would like to see reflected in a Political Declaration, namely consideration of non-state actors and a clear distinction between the legitimate use of explosive weapons in populated areas in specific conflict situations and indiscriminate use that breaches IHL3. Throughout the consultations, Germany was also vocal in calling for victim assistance4 and for further work to understand the meaning of direct, indirect and reverberating effects of explosive weapons in populated areas as well as how to effectively take these into account when conducting a military operation5.
Germany attended the first international follow-up conference on the Political Declaration in Oslo, Norway in April 2024.
Statements and positions
At the first international follow-up conference on the Political Declaration Germnay spoke both on Military Policies and Practices and on Understanding Direct and Indirect Effects of explosive weapons. On the former, Germany explained that any use of explosive weapons by its armed forces is subject to NATO and national regulations, with guidelines that translate the rules of IHL “in very strict and narrow terms” such that “the use explosive weapons would in many cases only be possible to a limited extent or, depending on the situation, not at all,” and the protection of civilians and civilian infrastructure is considered to the highest degree. Germany also drew attention to its training, including specific training for all soldiers involved in planning and executing urban operations, and operational planning, which are based on NATO procedures. It highlighted NATO’s Joint Targeting Process, set out in the Allied Joint Doctrine 3.9, as especially relevant to the Political Declaration. In addition, Germany reported that its Federal Government continues to analyse and explore opportunities to further increase awareness of the Political Declaration in military manuals, orders and instructions pertaining to training.6
Germany also emphasised particular focus it has put on indirect and reverberating effects of the use of explosive weapons, and the importance of the specific commitment within the Declaration dedicated to this. Germany welcomed efforts to improve the understanding of the nature, scope and foreseeability of reverberating effects, including by UNIDIR and the Explosive Weapons Monitor. It called for this knowledge base to be further enriched through improved data collection (emphasising the importance of disaggregated data), case studies, research and exchange among stakeholders, emphasised the need to “move towards utilising this knowledge to inform policies and practices,” and suggested this could be operationalised through tools, guidance and scenario-based exercising at national and regional levels, or through other training and capacity building activities. One specific suggestion from Germany is a guidebook for states on how to consider reverberating effects and data collection.7
Germany has frequently spoken on explosive weapons in populated areas in multilateral forums, primarily to condemn the harms caused to civilians and call for action to better protect civilians from harm, including through greater adherence to IHL. For example, at the 2024 UN Security Council open debate on the Protection of Civilians in Armed Conflict, Germany drew attention to the Political Declaration, stating that it “remains a key instrument in addressing the grave of humanitarian consequences” of the use of explosive weapons.8 During the 2019 debate, Germany stressed the need to draw “red lines” on explosive weapons in populated areas, flagging the Germany-initiated series of “explosive weapons in populated areas Talks” held in Geneva in 20189 that brought together military practitioners, diplomats, and humanitarian actors to discuss best military practices to minimise civilian casualties in urban theatres of conflict.10 For the past decade, Germany has also repeatedly raised concerns over explosive weapons in populated areas in UN Security Council open debates on Children in Armed Conflict11 and more recently at the general debates of the UN General Assembly First Committee where in 202212 and 2023,13 Germany welcomed the successful completion of the Political Declaration and encouraged states to actively engage in its follow-up process to mitigate the humanitarian consequences from the use of explosive weapons in populated areas, and at the same meeting in 2024 underlined the importance of the commitments set out in the Political Declaration, pointing to ongoing conflicts, and said it would contribute to contribute towards broadening support and actively engaging in the follow-up process.14 Also at the 2022 Meeting of the CCW High Contracting Parties in November 2022, Germany expressed hope that the Declaration would be supported by a large number of states.
Alongside its individual statements, Germany has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. As a member of the European Union (EU), Germany 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 Conflict14 and at the General Debate of UN General Assembly First Committee,15 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.16 The EU, with Germany signing on, 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” during the 2024 open debate on the protection of civilians.17 The EU 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 (where it highlighted the work ahead for implementing the Declaration’s commitments), and at the 2023 UN Security Council open debate on the Protection of Civilians.
Germany 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.”18
As a member of the Group of Friends on Protection of Civilians, Germany has supported statements at the UN Security Council stressing the importance of respecting IHL and the need to enhance the protection of civilians from the effects of explosive weapons in populated areas.19 At the 2024 UN Security Council open debate on the protection of civilians in armed conflict, the Group highlighted the harm caused by explosive weapons in populated areas across ongoing conflicts, and stressed that “the effective protection of civilians and civilian objects must be made a strategic priority in the planning and conduct of military operations.” To that end, the Political Declaration was identified as providing “practical tools that ensure that protection is real and effective.”20 As a member of the Group of Friends of Action on Conflict and Hunger, Germany also strongly welcomed the Political Declaration, called on other states to join it, and said that the Oslo Conference will provide a critical opportunity to make progress in implementing the Declaration.21 In 2018 and 2019, Germany 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.22
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, Germany reported that it had disseminated the Political Declaration “through relevant focal points within the Federal Foreign Office and Ministry of Defence.” Germany reported that these focal points have further distributed the Declaration and relevant information after the adoption of the Declaration to “relevant stakeholders in their area of responsibility” such as armed forces personnel, to ensure national implementation. It further shared that “inclusion of relevant stakeholders from political and technical level has been ensured already during the process of negotiation.”23
Germany reported that the responsibility to implement the Declaration was coordinated by two focal points within the German Federal Foreign Office and the Ministry of Defence. Specifically, these sit with Division OR10 Conventional Arms Control and Division Politik I 5 Arms Control, respectively.24
Upon a question of whether Germany has conducted briefings, workshops or trainings on the content of the Declarations and plans for its domestic implementation, Germany responded in the affirmative. Elaborating on this, Germany emphasised that international humanitarian law was an integral part of training in its armed forces, and that “civilian interests are taken into account during military operations through strict compliance with the provisions of international humanitarian law, in particular Additional Protocol I to the Geneva Conventions.” To this end, Germany stated that legal advisors advise and support its armed forces in military activities at all levels, both in peacetime and in conflict. Further, it stated that the legal requirements in IHL for the protection of civilians and civilian objects have and will always be included in military doctrines and documents and “constitute the strict standard for military action.” Germany stated that protection of civilian populations is always a key consideration in its military decision-making, and that “the topic of explosive weapons in populated areas is taken into account in the training of soldiers in various career paths in the respective military organisational areas, such as the army”.25
Germany also emphasised its role in placing the issue on the international agenda through a series of workshops in 2017 and 2018 with the ICRC and GICHD titled ‘EWIPA talks’ “to inform a first substantial debate within the CCW and engage all relevant national and international stakeholders on the question of how to address the specific humanitarian consequences of explosive weapons use in populated areas.”26
Germany stated that its government has reviewed laws, policies, condes, approaches, practices and continues to do so, referencing compliance in the German reporting to the CCW. Germany also highlighted its support to research, publications, workshops and international exchanges to help inform and shape the development of the Declaration through dialogue and research. Germany highlighted its support to UNIDIR to develop Menus of Indicators to support the collection of data to understand and document reverberating effects from the use of explosive weapons on different areas of civilian life. This work, Germany stated, is important to prepare efforts to prevent, mitigate and respond to the negative humanitarian consequences from the use of explosive weapons in populated areas. Germany stated that it will “continue its support to improve the understanding of reverberating effects, to broaden our shared knowledge, via data collection, case studies, research and exchange, to conceptualise reverberating effects and operationalise these concepts in order to be in a position to feed them into the practice of armed forces.”27
Germany did not identify any challenges in its planning for or implementation of the commitments set out in the Declaration.28
Upon the question of whether Germany had undertaken other initiatives pertaining to strengthening the protection of civilians from the use of explosive weapons in populated areas, Germany highlighted its continued commitment to the follow-up process of the Declaration. This includes Germany’s support for the UNODA to create a lasting core structure to sustainably ensure the more effective implementation and universalisation of the Declaration. Germany also promotes universalisation and implementation through international and bilateral fora.29
To view all of Germany’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.