Israel has not yet endorsed the Political Declaration on the use of explosive weapons in populated areas. It did, however, participate in the negotiations towards a Political Declaration. Early in the consultation process, Israel argued that calls on parties to armed conflict “to avoid the use of explosive weapons are counterproductive and unreasonable as far as law abiding states are concerned.” It also noted that law-abiding states are forced to conduct military operations in urban settings,1 and suggested that the Political Declaration should focus on the protection of civilians in urban warfare (replacing references to explosive weapons in populated areas throughout the text with “urban warfare”).2 Israel also said that International Humanitarian Law (IHL) is a sufficient framework to protect civilians in urban warfare and urged the declaration to acknowledge the “lawful” use of weapons, including explosive weapons, in populated areas.3
As consultations progressed, Israel expressed support for the addition of qualifiers throughout the text and reiterated its positions that the Declaration should only address “indiscriminate use” of explosive weapons.4 It repeatedly objected to the phrase “reverberating effects”, suggesting “expected risks” as a replacement, and noted its position that the idea that international human rights law is applicable during armed conflict is “controversial”.3 Israel also said that the draft did not properly reflect the reality of non-state armed groups that make use of human shields and other tactics.5 At the final consultation in June 2022, Israel reiterated many of these remarks. It also added that states have different obligations under international law regarding assistance to victims affected by armed conflict, and that this issue is also subject to specific regulation in national laws and policies that diverge between states.6