Sweden 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. Sweden 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. During the Dublin Conference in November 2022, Sweden reiterated its commitment, and said that the political declaration will strengthen the respect for and implementation of existing International Humanitarian Law (IHL) globally and help to uphold the rules and principles that states are bound by.1
Early in the consultation process Sweden emphasised that the declaration should stress that the existing IHL provides a sufficient framework to address the problem of EWIPA, and that the objective of the declaration should be to strengthen IHL.2 This was a repeated theme: at the 2020 consultation meeting, Sweden echoed Switzerland’s statement that the political declaration should condemn only clear violations of IHL3 and during the 2021 consultations it raised concerns that the wording of the draft text, specifically the use of the word “restrict” in relation to the use of EWIPA, arguing it could be interpreted as requiring states to take precautions that go beyond existing IHL.4 At the fourth round of consultations in April 2022, Sweden said the text had many improvements, but warned against adopting a declaration that gives the impression of seeking to create new rules and norms. It stressed that there is not a lack of humanitarian law provisions, but rather lack of compliance with IHL.5 Sweden also suggested that the follow-up process/review mechanism referenced in the text must be voluntary.
Statements and positions
Sweden has repeatedly aligned with other states to deliver statements on EWIPA. As a member of the European Union (EU), Sweden 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 6 and at the General Debate of UN General Assembly First Committee7, 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.8 The EU, with Sweden 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.
Sweden 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.” 9
In 2018 and 2019, Sweden 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.10
At the UN General Assembly First Committee in 2022, the Nordic Countries, of which Sweden is a member, welcomed the finalised political declaration. The group also said that the declaration is a positive outcome at a time of increased pressure within the international security environment, as well as a good sign that the international community can still work together towards tangible humanitarian goals.11 Sweden has also signed onto other joint statements by the Nordic Group that have drawn attention to the importance of adhering to IHL and avoiding the use of EWIPA, including at the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict in 2012, 2013, 2014, and 2016.12 In these statements, the Nordic Group highlighted the use of EWIPA as an issue that requires immediate attention, including through robust data collection on its impact and the sharing of policies and practices to prevent the use of EWIPA. At the UN Security Council Open Debate War in Cities: Protection of Civilians in Urban Settings on 25 January 2022, the Nordic Countries jointly called on all parties to conflict to prevent civilian harm resulting from use of EWIPA, especially those with wide area effects.13
At this same meeting, the Group of Friends of the Protection of Civilians in Armed Conflict (of which Sweden is a member) called on states to enhance the protection of civilians, including from the use of EWIPA, and took note of the ongoing consultations to develop a political declaration on this subject.14 The Group made similar remarks at the UN Security Council Open Debate on the Protection of Civilians in 25 May 2022.15 At the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict on 23 May 2023, the Group noted the adoption of the Political Declaration.16 On the same occasion, the Group of Friends of Action on Conflict and Hunger, of which Sweden 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