Peru 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 Dublin Conference in November 2022, Peru recalled the Santiago Communiqué, and expressed hope for the implementation of the declaration, stressing the need for cooperation with civil society and others for an appropriate follow up process. 1
Early in the consultations process, Peru issued a statement urging the declaration to include “a recognition and description of direct and indirect consequences of the use of explosive weapons in populated areas” and noting that avoiding the use of explosive weapons in populated areas would contribute to the achievement of Sustainable Development Goal 16.2 Peru also supported a call for the adoption and review of policies and practices to enhance protection of civilians and compliance with International Humanitarian Law (IHL)3 as well as to prevent the use of explosive weapons in populated areas.4 It also called for data collection to be gender-disaggregated, and for the declaration to recognise the rights of victims and affected communities and to provide appropriate victim assistance to those affected.5
These positions were reflected in Peru’s statements throughout the consultations, where it encouraged strong language on victim assistance, opposed the use of qualifies such as “can cause harm” in the text, and agreed that IHL was the fundamental legal reference point whilst also underscoring that the application of IHL is the minimum and that civilian harm can also arise from lawful attacks.6 Peru also consistently argued for a presumption of non-use of explosive weapons in populated areas or ‘avoidance policy’ 7 and for the inclusion of gender references.8
Statements and positions
Peru has raised the issue of explosive weapons in populated areas in a number of international forums. During the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict in May 2019, Peru recalled the damage caused by explosive weapons in populated areas, and called for improving compliance with international humanitarian law (IHL).9 In September 2021, at the Preparatory Committee of the Convention on Certain Conventional Weapons (CCW), Peru welcomed the development of a Political Declaration on the use of explosive weapons in populated areas.10
Peru has also repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. Alongside 22 other Latin American and Caribbean states, Ecuador participated in the Santiago Regional Meeting on Protecting Civilians from the Use of Explosive Weapons in Populated Areas in 2018, resulting in the Santiago Communiqué11 in which the participating states agreed to take further action on the issue. In 2018 and 2019, Peru joined some 50 and 71 states respectively to endorse joint statements on the use of explosive weapons in populated areas at the UN General Assembly First Committee, calling attention to the devastating and long-lasting humanitarian impact of the use of explosive weapons in populated areas and urging states to reverse the trend of high levels of civilian harm.12