The Netherlands 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. The Netherlands 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, the Netherlands emphasised that the Declaration should recognise that existing International Humanitarian Law (IHL) provides a sufficient framework to address the problem of explosive weapons in populated areas and should not ignore the threat posed by non-state and state actors who knowingly violate IHL. It also expressed support for better data collection as well as the sharing of information and good practices. The Netherlands also stressed the need for the Declaration to encourage states that have not yet done so to develop operational policies and procedures that will minimise the civilian harm in operations, and to contribute to enhancing transparency on the underlying causes of the civilian harm caused by operations in urban areas by supporting efforts on data collection.2
These themes were repeated throughout the Netherlands’ statements to the consultations. At the second round of consultations in Geneva in February 2020, the Netherlands reiterated the call for a stronger focus on non-state actors and said that the Political Declaration must not weaken IHL by being selective in references or abbreviating or restating it.3 Regarding data collection, it agreed the Declaration should encourage states to take “all practical measures” so as not to impose unreasonable or unrealistic burdens. It also supported the suggestion that, rather than trying to provide an exhaustive list of ways to disaggregate data, it would support a broader reference “disaggregating where appropriate”.4 As consultations progressed, the Netherlands reiterated its belief that “existing International Humanitarian Law (IHL) provides the necessary framework to protect civilians during warfare in all contexts” and therefore “the Political Declaration should first and foremost address the implementation-deficit of existing IHL”.5 It also reiterated its belief that lack of compliance with IHL is the primary cause of civilian casualties and harm to civilian infrastructure 6 and expressed strong support for the inclusion of reverberating effects in the Political Declaration, saying it should properly recognise the differing impacts of explosive weapons.7
Statements and positions
The Netherlands has on several occasions spoken on explosive weapons in populated areas in multilateral forums, including at meetings of the UN General Assembly First Committee. Here, the Netherlands emphasised the need for concrete and practical measures to limit casualties and damage from explosive weapons in populated areas, stressing that much will depend on the exact circumstances and context in which weapons are used.8 During the UN General Assembly First Committee in 2022, the Netherlands welcomed the conclusion of the Political Declaration and announced its intention to sign it.9
Alongside its individual statements, the Netherlands has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. As a member of the European Union (EU), The Netherlands 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 Conflict 10 and at the General Debate of UN General Assembly First Committee11, 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.12 The EU, with the Netherlands signing on, 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.
The Netherlands 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.”13
The Netherlands endorsed the Ireland-led joint statement on explosive weapons in populated areas during the 74th UN General Assembly First Committee in October 2019.14 The statement, delivered by Ireland, encouraged states to participate in international efforts to address the impacts of the use of explosive weapons in populated areas on civilians, including by working towards the creation of an international Political Declaration on this issue.15 As a member of the Group of Friends on Protection of Civilians, the Netherlands has also 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 16 At the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict on 23 May 2023 the Group of Friends of Action on Conflict and Hunger, of which Netherlands is also a member, 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.17