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 weapons7.
The Netherlands 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 the Netherlands was on the panel on ‘Military policies and practises’. It spoke about national efforts undertaken to reduce risk to civilians, including an ongoing baseline study on civilian harm mitigation, focusing on minimising and responding to harm and which is to inform a civilian harm mitigation policy. The Netherlands stated that mitigating civilian harm from the use of explosive weapons in populated areas was a part of this study, which draws on available literature and expert interviews and discusses doctrine, training, leadership, ammunition systems, and response system among other topics. Despite the baseline study not being concluded, the Netherlands shared some preliminary findings, highlighting the country’s track record on IHL compliance and education, in particular that an independent party reviews every case in which the Dutch Armed Forces uses force. The Netherlands stated that the military does not operate with terms such as civilian harm mitigation or explosive weapons in populated areas, but rather about IHL compliance and avoiding collateral damage. This, however, its study had found to be incorrect, as almost half of the civilian casualties reviewed were due to misidentification, which requires a different response to that of collateral damage, it said. It further found that in half of the cases of civilians harmed, explosive weapons had been used, and accounted for more than 90 percent of the civilian deaths and injuries. The Netherlands stated that it has restrictions on the kind of weapons it uses, and does not use cluster munitions, anti personnel mines or dumb bombs. It almost exclusively uses precision guided munitions or other munitions that have less wide area effects. The Netherlands also concluded that not using explosive weapons at all was the best solution, but also spoke of kinetic (improved) targeting which could draw on more capabilities to reach less lethal effects.8
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.9 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.10
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 11 and at the General Debate of UN General Assembly First Committee12, 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.13 At the 2024 UN Security Council open debate on the Protection of Civilians in Armed Conflict, the EU also stated that given the significant impact of the explosive weapons in populated areas its use should be restricted or avoided. 14 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.”15
The Netherlands endorsed the Ireland-led joint statement on explosive weapons in populated areas during the 74th UN General Assembly First Committee in October 2019.16 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.17 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 areas18. At the 2024 debate, 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 en sure that protection is real and effective.”19 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.20
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, the Netherlands reported that it had disseminated the Political Declaration. It has been distributed to the Ministry of Foreign Affairs and Defence at “a corporate level, to all stakeholders, including the ministers themselves”. The Netherlands stated that “in the Dutch context, political statements are not distributed one-on-one among all military personnel. Political guidance, such as this declaration, is implemented in our doctrine, education and training, as well as in our TTP’s tactics, techniques and procedures, that are updated in order to act in accordance with political guidance.” The Netherlands also stated that it is conducting a broad and extensive baseline study on civilian harm mitigation, “to identify opportunities to advance our civilian harm mitigation and response efforts on the whole. In 2024 this will lead to conclusions and recommendations on adjusting doctrine, education, training and TTPs. EWIPA is an important and integral part of this broader effort that the MoD is undertaking".21
The Netherlands reported that it has nominated a point person responsible for the implementation of the Declaration, a Ltcol. in its Ministry of Defence.
The Netherlands has not conducted briefings, workshops or trainings on the content of the Declaration and plans for its domestic implementation. However, it stated that it “is certainly an option the MoD is seriously considering. This will be determined in 2024 as part of the implementation phase of the recommendations of the broader baseline study on Civilian Harm Mitigation (CHM). EWIPA is an important and integral part of this”.22
The Netherlands stated that it had reviewed existing laws, policies, code, approaches, practices or similar relevant to the protection of civilians, to identify areas where further policy development is necessary to meet the Declaration’s commitments and avoid harm. It highlighted its baseline study on Civilian Harm and Mitigation, which will lead to conclusions and recommendations on adjusting doctrine, education, training and TTPS. The Netherlands stated that its doctrine, education, training, leadership, TTPs and weaponeering, as well as international laws and obligations could help it implement the Declaration.23
Upon a question about whether the Netherlands had faced any challenges in implementing the Declaration, the Netherlands shared that “anticipating the conclusions and recommendations of the MoD baseline study on CHM, at least the following possible challenges have already been identified:
- How to (better) take ‘reverberating effects’ into account during the conduct of military operations, and especially during dynamic operations?
- How to (better) respond to inflicted Civilian Harm resulting from the use of Explosive Weapons?”24
The Netherlands shared information about other initiatives pertaining to strengthening the protection of civilians from the use of explosive weapons in populated areas, including policy initiatives related to civilian harm mitigation focusing on civilian harm response, investigations, transparency and accountability, and pointed to a letter to the Dutch House of Representatives from a MoD minister setting out a step-by-step approach on improvements in the field of civilian harm mitigation.
The Netherlands also highlighted its collaboration with the US’ Department of Defence, through a ‘Contact Group’ with the aim of “fostering discussion on civilian harm mitigation among militaries from a policy perspective, facilitating the sharing of experiences and best practices, including EWIPA.”
It also shared that the Ministry of Defence was engaging in ongoing structured dialogue with external stakeholders, including international and non-governmental organisations and academics to improve its broader civilian harm mitigation policies, which “assist in furthering our thought and actions on implementation of the EWIPA declaration.”25
To view all of the Netherland’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.