Poland 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 where it said the declaration should stress that existing International Humanitarian Law (IHL) provides a sufficient framework to address the problem of EWIPA.1 Poland also argued that it is important not to limit the legitimate use of weapons and said that “in the context of CCW it is also important to differentiate between explosive weapons and IEDs”.2
Early in the consultation process, Poland argued that humanitarian issues arising from use of EWIPA would be effectively mitigated with full implementation of IHL, noting that adequate preparedness of military personnel is important to this end.3 It also urged the clear and consistent use of language and terms throughout the text, and warned that a commitment to collect data – especially disaggregated by sex and age – is extremely difficult to implement.4 These points were reflected as consultations progressed: Poland argued that the concept of EWIPA rather than of urban warfare must be applied throughout the text, and emphasised that the declaration should clarify that it is only the “unlawful” use of EWIPA that it seeks to condemn. Poland praised the inclusion of “women and girls” in the declaration, but noted that it would prefer if the text referred to all affected groups—including elderly people, disabled people, boys, etc.5 At the final consultation in June 2022, Poland said that the declaration is a well-balanced document that takes into account national security concerns, military necessity, and at the same time maintaining the humanitarian perspective.6
Statements and positions
Poland has spoken on explosive weapons in populated areas in multilateral forums: at the UN Security Council open debate on the protection of civilians in 20167 and 20178 it acknowledged the harms caused by use of EWIPA. At the January 2022 UN Security Council open debate on war in cities, Poland said the use of EWIPA takes a devastating toll on people and services, noting that it causes severe disruption of health care, water, sanitation, and more.9 At the UN General Assembly First Committee in 2022, Poland referenced the harmful use of explosive weapons in populated areas across the world10 and in 2023 said that the “Shelling and air bombardments by Russian forces of densely populated areas are unequivocal violations of International Humanitarian Law”.11
Alongside its individual statements, Poland has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. As a member of the European Union (EU), Poland 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 12 and at the General Debate of UN General Assembly First Committee13, 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.14 The EU, with Poland 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.
Poland 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
As a member of the Group of Friends on Protection of Civilians, Poland has 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, and as a member of the Group of Friends of Action on Conflict and Hunger, 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 In 2018 and 2019, Poland 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.18