The Holy See 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. During the consultations toward a Political Declaration in 2021, the Holy See welcomed references to women and girls in the Political Declaration, but indicated that it would like to see references to “gender” deleted in order to focus on impacts of all those affected.1 At the fourth consultation in April 2002, the Holy See expressed concern regarding the use of the expression “gendered impacts”, noting that it is not an agreed term under international humanitarian law (IHL).2 The Holy See was among many states who opposed the use of qualifiers such as “harms which can arise from the use of explosive weapons in populated areas” throughout the text. At the fourth consultation in April 2022, the Holy See proposed to replace the expression “cultural heritage sites” with a broader reference that includes a specific reference to places of worship.
During the signing ceremony in Dublin in November 2022, the Holy See said that the Declaration “presents an opportunity and an invitation to shift from the paradigm of ‘collateral damage’ to one of ‘intended protection’ so as to truly minimize and hopefully avoid loss of human life.” It also said it looks forward to the implementation of the present Political Declaration, in coordination with other States, the International Committee of the Red Cross (ICRC), as well as civil society.3
Statements and positions
The Holy See has frequently spoken on explosive weapons in populated areas in multilateral forums, primarily to condemn the use of explosive weapons in populated areas and draw attention to the devastating impacts such use has on civilians. At the World Humanitarian Summit Roundtable on Upholding the Norms that Safeguard Humanity and the UN Security Council Open Debate on Children and Armed Conflict in 2016, the Holy See condemned the use of explosive weapons in populated areas in the “strongest possible terms.”4 In 2022, at UN Security Council open debate on war in cities, the Holy See drew attention to the “significant and lasting damage” caused by use of explosive weapons in populated areas, expressing support for efforts to develop a Political Declaration in which states commit to avoiding the use of explosive weapons in populated areas and noting that efforts to constrain the use of explosive weapons in populated areas should include non-state actors operating in conflict settings.5 At the UN General Assembly First Committee in 2023, the Holy See welcomed the Political Declaration and highlighted the importance of its adoption.6
In a Meeting of States Parties to the Convention on Certain Conventional Weapons (CCW) in November 2012, the Holy See detailed the devastating impacts of the use of explosive weapons in populated areas, including “a significant number of victims, major destruction of socio-economic infrastructures, severe psychological trauma and the hindrance of development for many years.” 7 It noted that “these results cause hatred and socio-political wounds that are difficult to heal. In the case of internal or international conflicts, they make reconciliation more difficult, if not impossible, and they become a contradiction when international operations to restore or maintain peace and to win over the hearts and minds of local people are undertaken.” The statement also highlighted the importance of the international community coming together to prevent the use of explosive weapons in populated areas and protect civilians in armed conflicts. At the 2015 CCW MSP Meeting, the Holy See proposed the creation of a Group of Governmental Experts on the use of explosive weapons in populated areas.8