Palestine 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. At the endorsing conference in Dublin, Palestine stressed that ending the use of explosive weapons in populated areas is the most effective way to protect civilians, and that it views this Declaration as a positive step forward towards an avoidance policy. It also expressed hope that the adoption of this language will lead states to adopt policies and eventually stop the use of these weapons altogether in populated areas.1
Palestine regularly delivered statements throughout the consultations towards a Political Declaration, 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, Palestine stressed the imperative of a clear commitment to establish a clear presumption against the use of explosive weapons in populated areas that would meaningfully improve the protection of civilians from the grave harms caused by explosive weapons.2 Palestine also opposed the use of the qualifier “can” throughout the text, as well as the use of “wide area effects” when it believed the substance applied to explosive weapons more generally.3 It also called for data collection on reverberating effects and types of weapons used, and suggested disaggregation by disability status in addition to sex and age.4 Palestine welcomed proposals to recognise the efforts of civil society organisations and UN entities, and suggested the Declaration text should emphasise an inclusive approach to follow-up meeting.5 It also supported strong provisions on humanitarian access and relief efforts.6
Palestine reiterated many of these points as consultations progressed, strongly supporting the inclusion of reverberating effects and a presumption of non-use of explosive weapons in populated areas, as well as clear recognition of the link between the use of explosive weapons in populated areas and the grave humanitarian consequences. Regarding the final draft, it also welcomed references to accountability, facilitating humanitarian access, victim assistance, and the role of data collection and analysis to better understand humanitarian impacts.7
Statements and positions
Palestine has spoken on explosive weapons in populated areas in multilateral forums. In 2014, at the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict, it spoke against the use of explosive weapons in populated areas, describing the devastating impacts of such weapons in Gaza.8 During the UN General Assembly First Committee in 2023, Palestine referenced the destruction and suffering caused by the use of explosive weapons in the Occupied Palestinian Territories.9
As a member of the Organisation of Islamic Cooperation, Palestine aligned with World Humanitarian Summit Core Commitments to ‘Uphold the Norms that Safeguard Humanity’ in May 2016, including 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.”10