The United Kingdom 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 UK 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 the United Kingdom underlined its belief that the Declaration should stress that existing International Humanitarian Law (IHL) provides a sufficient framework to address the problem of the use of explosive weapons in populated areas and that the Political Declaration include a clear distinction between the legitimate use of explosive weapons in populated areas in specific conflict situations and indiscriminate use that breaches IHL.1 In addition, it called for the consideration of non-state actors in the Declaration.
These were repeated themes throughout the United Kingdom’s statements to the negotiations. At the second round of consultations in 2020, the United Kingdom also suggested (and in subsequent consultations supported) the use of qualifiers in the text, such as that explosive weapons in populated areas “can have” rather than “are having” devastating impacts. It further argued that data collection in conflict environments is difficult so the Political Declaration should say “all practical measures” so as not to impose unreasonable or unrealistic burdens. It also suggested a broader reference such as “disaggregating where appropriate”. In its written contribution, the United Kingdom argued that “reverberating effects” has no definitional underpinning outside explosive weapons in populated areas debates, and that the Political Declaration needs to establish what is meant by the term. ”2 It further opposed the text of paragraph 3.3, saying that the extant language on ‘restricting’ use of weapons is unacceptably prescriptive, and that without a definitional basis, there are major questions over how ‘effects’ and ‘immediate area’ would be defined.3
As consultations progressed, the United Kingdom continued to support the use of qualifiers in the text, expressed concern that the Declaration would stigmatise explosive weapons use and argued against any phrasing in 3.3 that would commit states to changing their existing behavior and decision-making with respect to the use of explosive weapons in populated areas, considering that there are many legitimate and lawful uses of explosive weapons. It raised concerns that the current wording (“restrict”) could be interpreted as requiring states to take precautions that go beyond existing IHL.4 As consultations concluded, the United Kingdom expressed hope the Declaration would “make a tangible contribution to the promotion of fill compliance with IHL… and create a community for the sharing of best practice, along with the improvement of processes and procedures, underpinned by real military experience.”5
Statements and positions
The UK has spoken on explosive weapons in populated areas in multilateral forums: during the May 2019 Security Council Open Debate on the Protection of Civilians in Armed Conflict, the United Kingdom stated that it agreed “with what the Minister of Germany said on their need for us to be examining the use of high explosives in urban areas.”6 At the UN Security Council Open Debate War in Cities: Protection of Civilians in Urban Settings on 25 January 2022, the United Kingdom said it welcomed work on the Political Declaration, which “must serve to increase the protection of civilians without jeopardising ‘legitimate’ military actions.”7
At the UN General Assembly First Committee in 2022, the United Kingdom welcomed the conclusion of the negotiations on the Political Declaration.8 During the Dublin Conference in November 2022, the United Kingdom reiterated its support for the Declaration, and said it will implement its own national policies, review them, and if necessary, improve them, and will continue to work with and support its civilian and military partners.9 At the UN General Assembly First Committee in 2023, the United Kingdom welcomed the Political Declaration and highlighted the importance of its adoption. It also highlighted the work ahead for implementing the Declaration’s commitments, including at the Oslo Conference in 2024.10
Alongside its individual statements, the United Kingdom has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. As a member of the Group of Friends on Protection of Civilians, the United Kingdom 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 and welcoming the Declaration11, 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.12
The United Kingdom 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.”13
As a previous member of the European Union (EU), the United Kingdom 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, including during the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict in 2011, 2012, and 2013.14 The EU also spoke out against the use of explosive weapons in populated areas during the General Debate of the 72nd UN General Assembly First Committee in 2017, recognising its potential impact on civilians and calling on all parties to armed conflict to fully comply with international humanitarian law (IHL).15