INTRODUCTION

The devastation caused by the use of explosive weapons in populated areas has been well

documented over decades of conflict from Dresden in 1945 to Aleppo, Syria today.

Today, conflicts tend to be fought between government forces and rebel groups, such as what is

unfolding in Syria and Ukraine. Unlike a century ago, today terrorist organizations cause huge

levels of harm in countries like Iraq and Pakistan, using tactics such as suicide bombings to

create as much devastation as possible. Conflicts are fought with a combination of high-

technology weapons and rudimental bombs, such as the use of Improvised Explosive Devices

(IEDs) and barrel bombs.

Such violence has in the past been a driver of reforms to International Humanitarian Law (IHL)

today, but it continues to present a serious humanitarian concern that needs to be more fully

addressed.

Contemporary conflicts refers to a state of opposition between persons, ideas or interests, it can

also be a hostile meeting of opposing military forces in the course of a war.

Populated areas broadly equates to the legal concept of “concentrations of civilians” as used in

Protocol III to the convention on conventional weapons (CCW). “Concentration of civilians"

means any concentration of civilians, be it permanent or temporary, such as in inhabited parts of

cities, or inhabited towns or villages, or as in camps or columns of refugees or evacuees, or

groups of nomads1

Explosive weapons are munitions such as motor or artillery shells, cluster bombs and air-dropped

bombs, as well as improvised explosive devices (IEDs). These weapons are designed to function

through blast and fragmentation effects that kill and injure people in the area around the point of

detonation. When explosive weapons are used in populated areas, civilians are severely affected,

with 91% of casualties reported to be civilians. In incidents where the age of casualties was

reported, children accounted for 15% of worldwide civilian casualties.2

1 Protocol III Protocol on Prohibitions or Restrictions on the Use of Incendiary Weapons Geneva, 10 October 1980 Article 1 (2) (Protocol (III) on prohibitions or restrictions on the use of incendiary

weapons {Conventional Weapons Convention and its Protocols}) http://www.globalsecurity.org/military/library/policy/int/convention_conventional-wpns_prot-iii.htm(accessed March 8 2015)

Manufactured explosive weapons are commercially-produced conventional ordnance. They can

be deployed from the air or surface-level and range in size and power from hand grenades to

massive aircraft bombs and multiple rocket launchers.3

Improvised explosive devices (IEDs) are weapons that are homemade or otherwise manufactured

outside of the conventional arms industry. They come from a wide variety of sources, including

homemade materials, diverted fertilizers, unsecured stockpiles or explosive remnants of war

(ERW). IEDs range in size and power and can be victim-operated, detonated by timer, or by

command including suicide bombs.4

My view regarding the use of explosive weapons

2 Action on Armed Violence (AOAV), An Explosive Situation: Monitoring explosive violence in 2012, AOAV, 2013,

p 3

3 https://aoav.org.uk/2014/three-years-manufactured-explosive-weapons/ accessed March 19 2015)

4 https://aoav.org.uk/2014/three-years-manufactured-explosive-weapons/ accessed March 19, 2015)

In my view, the use of these weapons in armed conflict especially in densely populated

residential areas and other populated areas not only puts civilians’ lives at risk but also

significantly increases the likelihood of damage to vital infrastructure and services such as

housing, schools, hospitals, water and sanitation systems, resulting to devastating long-term

effects on people’s lives far beyond the conflict itself, as well as creating the additional danger of

contamination from explosive remnants of war thereafter. These weapons are capable of tearing

apart lives, livelihoods and infrastructure.

Its use was responsible for thousands of children being killed or injured in at least 41 countries

between 2010 -12.5 In addition, it results to children being denied access to healthcare and the

opportunity to go to school. It can also cause children to be displaced from their homes, exposing

them to the risk of separation from their families and communities, and increasing their

vulnerability to exploitation and abuse. Long after the conflict has ended, children continue to

experience the psychological effects of conflicts that could potentially undermine their cognitive,

emotional and social aspects of development. In such a situation, we face the risk of a generation

of “lost children” without an education who bear the trauma of war.

Furthermore, the use of explosive weapons in populated areas is frequently a key factor in grave

violations against children as set out in Resolution 1612 of the UN Security Council. These

violations against children during armed conflict includes: killing or maiming of children,

recruitment or use of children by armed forces and groups, sexual violence against children,

abduction of children, attacks against schools and hospitals, and denial of humanitarian access

for children.6

In December alone at least 107 civilians including 27 children were reportedly killed in Aleppo

Governorate in Syria as a result of indiscriminate aerial bombing attacks and shelling including

the use of barrel bombs continuing to result in deaths, injuries and displacement.7

I do not support the use of explosive weapons in populated environments, I strongly oppose it as

it inevitably has an indiscriminate and severe humanitarian impact on civilians, both short and 5 Action on Armed Violence (AOAV), Explosive Violence Monitoring Project: Explosive weapons and children (1 October 2010 – 30 September 2012), AOAV, 2013)

6 Explosive weapons and grave violations against children.pdf

7 Germany Statement during January 2015 Security Council Open Debate on the Protection of Civilians in Armed Conflict http://www.inew.org/acknowledgements & https://aoav.org.uk/2015/40-

states-acknowledge-harm-caused-explosive-weapons-populated-areas/ accessed 13 March 2015)

long-term, parties to conflict therefore should refrain from using explosive weapons with wide-

area impact in densely populated areas. Hence, stronger policy, practice and international

standards that will better prevent humanitarian suffering from this violence should be established

and respected.

I do welcome the Secretary General’s concerns, also echoed by the European Union and 29

individual states that have highlighted the problem of the explosive weapons in open debates at

the UN Security Council and Human Rights council.8

The law and the use of explosive weapons

International humanitarian law (IHL) is a set of rules which seek, for humanitarian reasons, to

limit the effects of armed conflict. It protects persons who are not or are no longer participating

in the hostilities and restricts the means and methods of warfare by prohibiting weapons that

make no distinction between combatants and civilians or weapons and methods of warfare which

cause unnecessary injury, suffering and/or damage. IHL is also known as the law of war or the

law of armed conflict.9

International humanitarian law contains basic principles and rules governing the choice of

weapons and prohibits or restricts the employment of certain weapons. Humanitarian law has

therefore banned the use of many weapons, including exploding bullets, chemical and biological

weapons, blinding laser weapons and anti-personnel mines. IHL is part of international law,

which is the body of rules governing relations between States. International law is contained in

agreements between States (treaties or conventions), in customary rules, which consist of State

practice considered by them as legally binding, and in general principles.

The conduct of hostilities

Hostilities are governed by Geneva law and Hague law. The rules covering the conduct of

hostilities limit the right of parties to a conflict to use the methods and means of warfare of their

8 Explosive weapons and grave violations against children.pdf Updated list at http://www.inew.org/acknowledgements accessed March 3 2015

9 5.1 Basics of IHL.doc see http://www.unicef.org/pathtraining/Documents/Session%205%20International%20Humanitarian%20Law/Participant%20Manual/5.1%20Basics%20of%20IHL.doc

accessed March 13 2015

choice. It essentially covers the conduct of military operations in an armed conflict by defining

proper and permissible uses of weapons and military tactics.

The following are the seven basic rules of international humanitarian law in armed

conflicts10

Persons hors de combat and those who do not take a direct part in hostilities are entitled to

respect for their lives and their moral and physical integrity. They shall in all circumstances be

protected and treated humanely without any adverse distinction.

It is forbidden to kill or injure an enemy who surrenders or who is hors de combat.

The wounded and sick shall be collected and cared for by the party to the conflict which has

them in its power. Protection also covers medical personnel, establishments, transports and

equipment. The emblem of the Red Cross or the Red Crescent is the sign of such protection and

must be respected.

Captured combatants and civilians under the authority of an adverse party are entitled to respect

for their lives, dignity, personal rights and convictions. They shall be protected against all acts of

violence and reprisals. They shall have the right to correspond with their families and to receive

relief.

Everyone shall be entitled to benefit from fundamental judicial guarantees. No one shall be held

responsible for an act he has not committed. No one shall be subjected to physical or mental

torture, corporal punishment or cruel or degrading treatment.

Parties to a conflict and members of their armed forces do not have an unlimited choice of

methods and means of warfare. It is prohibited to employ weapons or methods of warfare of a

nature to cause unnecessary losses or excessive suffering.

10 International Committee of the Red Cross ICRC publication 1988 ref. 0365 Extract from "Basic rules of the Geneva Conventions and their Additional Protocols” see

https://www.icrc.org/eng/resources/documents/misc/basic-rules-ihl-311288.htm accessed March 13 2015

Parties to a conflict shall at all times distinguish between the civilian population and combatants

in order to spare civilian population and property. Neither the civilian population as such nor

civilian persons shall be the object of attack. Attacks shall be directed solely against military

objectives.

International Humanitarian Law is founded upon the following principles11

The principle of distinction between civilians and combatants

The specific rules where the principle of distinction is set out concerns Article 48 and 52 of

Additional Protocol 1 to the Geneva Conventions (prohibits any direct attacks against a civilian

or civilian objects).

The principle of proportionality

The article where proportionality is most prevalent is in Article 51(5) (b) of Additional Protocol I

concerning the conduct of hostilities which prohibits attacks when the civilian harm would be

excessive in relation to the military advantage sought.

Other principles of IHL include: The principle of humanity, prohibition of attacks against those

hors de combat, prohibition on the infliction of unnecessary suffering and notion of necessity

METHODS AND MEANS OF WARFARE COVERED UNDER THE FOLLOWING

ARTICLES:12

Article 35 — Basic rules

1. In any armed conflict, the right of the Parties to the conflict to choose methods or means of

warfare is not unlimited.

2. It is prohibited to employ weapons, projectiles and material and methods of warfare of a

nature to cause superfluous injury or unnecessary suffering.

3. It is prohibited to employ methods or means of warfare which are intended, or may be

expected, to cause widespread, long-term and severe damage to the natural environment.

11 Basic principles of IHL see http://www.diakonia.se/en/ihl/the-law/international-humanitarian-law-1/introduction-to-ihl/principles-of-internationallaw/ &

https://www.icrc.org/eng/assets/files/other/icrc_002_0365.pdf

12 Protocol Additional to The Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I), Of 8 June 1977

Article 36 — new weapons

In the study, development, acquisition or adoption of a new weapon, means or method of

warfare, a High Contracting Party is under an obligation to determine whether its employment

would, in some or all circumstances, be prohibited by this Protocol or by any other rule of

international law applicable to the High Contracting Party.

BASIC RULE AND FIELD OF APPLICATION

Article 48 — Basic rule

In order to ensure respect for and protection of the civilian population and civilian objects, the

Parties to the conflict shall at all times distinguish between the civilian population and

combatants and between civilian objects and military objectives and accordingly shall direct their

operations only against military objectives.

CIVILIANS AND CIVILIAN POPULATION

Article 51 — Protection of the civilian population

4. Indiscriminate attacks are prohibited see Article 51(5) (b).

CIVILIAN OBJECTS

Rules outlined under Article 52 — Article 55

The rules that form the basis of international humanitarian law are laid down in international

treaties that can be grouped into four categories: treaties on the protection of victims of war;

treaties on the limitation and/or prohibition of different types of arms; treaties on the protection

of certain objects; and treaties governing international jurisdiction (repression of crimes).13

The result is that IHL forms today a universal body of law.

Weapons that are regulated by IHL treaties include:14

Weapon - explosive projectiles weighing less than 400 grams; Treaty- Declaration of Saint

Petersburg (1868)13 see note 9

14 https://www.icrc.org/eng/war-and-law/weapons/overview-weapons.htm

Weapon- Bullets that expand or flatten in the human body; Treaty- Hague Declaration (1899)

Weapon - Poison and poisoned weapons; Treaty- Hague Regulations (1907)

Weapon- Chemical weapons; Treaty -Geneva Protocol (1925) & Convention on the prohibition

of chemical weapons (1993)

Weapon- Biological weapons; Treaty- Geneva Protocol (1925) & Convention on the

prohibition of biological weapons (1972)

Weapon- Weapons that injure by fragments which, in the human body, escape detection by X-

rays; Treaty- Protocol I (1980) to the Convention on Certain Conventional Weapons

Weapon - Incendiary weapons; Treaty- Protocol III (1980) to the Convention on Certain

Conventional Weapons

Weapon- Blinding laser weapons; Treaty- Protocol IV (1995) to the Convention on Certain

Conventional Weapons

Weapon - Mines, booby traps and "other devices"; Treaty- Protocol II, as amended (1996), to

the Convention on Certain Conventional Weapons

Weapon- Anti-personnel mines; Treaty- Convention on the Prohibition of Anti-Personnel

Mines (Ottawa Treaty) (1997)

Weapon- Explosive Remnants of War; Treaty- Protocol V (2003) to the Convention on Certain

Conventional Weapons

Weapon- Cluster Munitions; Treaty- Convention on Cluster Munitions (2008)

Article 1: Incendiary weapon" means any weapon or munitions which are primarily designed to

set fire to objects or to cause burn injury to persons through the action of flame, heat, or

combination thereof, produced by a chemical reaction of a substance delivered on the target.15

15 see note 1

Article 2: It is prohibited in all circumstances to make the civilian population as such, individual

civilians or civilian objects the object of attack by incendiary weapons. It is prohibited in all

circumstances to make any military objective located within a concentration of civilians the

object of attack by air-delivered incendiary weapons. It is prohibited to make forests or other

kinds of plant cover the object of attack by incendiary weapons except when such natural

elements are used to cover, conceal or camouflage combatants or other military objectives, or are

themselves military objectives.16

Many provisions of international humanitarian law are now accepted as customary law – that is,

as general rules by which all States are bound even if they have not ratified the treaty concerned.

Legal existing norms and the use of explosive weapons

In contemporary armed conflicts civilians are the primary victims of violations of IHL

committed by both State and non-State parties. The nature of contemporary armed conflicts

continues to provide challenges for the application and respect of IHL in a number of areas,

ranging from the classification of armed conflicts to the use of new technologies.

In many situations States are unable or unwilling to meet the basic needs of civilians and in such

situations IHL provides that relief actions may be undertaken by other actors, including

humanitarian organizations, subject to the agreement of the State. However, there remain many

obstacles to humanitarian access, including military, political and security-related concerns,

which hinder the provision of assistance to civilians in need.

A wide array of new technologies has entered the modern battlefield. Cyberspace has opened up

a potentially new war-fighting domain. Remote controlled weapons systems such as drones are

increasingly being used by the parties to armed conflicts. For example The US has used armed

drones in Iraq, Afghanistan, Pakistan, Yemen, Libya, and Somalia and recently in the

Philippines. Over 200 children have already been killed in these strikes since 2004.17 The UK is

currently using armed drones in Afghanistan and piloted US drones in Afghanistan, Iraq and 16 see note 15 & 1

17 http://childvictimsofwar.org.uk/get-informed/drone-warfare/ See The Bureau of Investigative Journalism http://www.thebureauinvestigates.com/2011/08/11/more-than-160-children-killed-in-us-

strikes/

Libya. Israel has used armed drones against Syria, Lebanon, Sudan and Palestine 175 children

have already been killed by US drones, 160 of them in Pakistan18. Despite claims that drone

warfare is more precise, a recent study shows that in Afghanistan drone strikes have caused 10

times more civilian casualties than strikes by manned fighter aircraft.19

Automated weapons systems are also on the rise, and certain autonomous systems such as

combat robots are being considered for future use on the battlefield. There can be no doubt that

IHL applies to these new weapons and the employment of new technology in warfare. However,

these new means and methods of warfare pose legal and practical challenges in terms of ensuring

their use complies with existing IHL norms, and also that due regard is given to the foreseeable

humanitarian impact of their use. 20

Hostilities pitting non-State armed groups operating within populated areas against government

forces using far superior military means are also a recurring pattern, exposing civilians and

civilian objects to the effects of hostilities. The intermingling of armed groups with civilians, in

violation of IHL, has by some armies been used as a justification to by-pass the taking of all

possible precautions to minimize risks to civilians, as required by IHL. In this context, the effects

of the use of explosive weapons in densely populated areas on civilians and civilian structures

continue to be of concern. For example, Hundreds of people in the Central African Republic

have no news of their loved ones following the conflict and other armed violence in the country.

Violence has been on the rise again in the capital Bangui in recent weeks, with reports of armed

robberies and abductions in neighborhoods’ in the north of the city. On 27 January, for instance,

tensions arising from the presence of armed men spilled over into clashes in several villages

between Kaga Bandoro and Botto.21 While peace talks continue, fighting plagues South

Sudanese communities in Unity, Upper Nile and Jonglei states. Hundreds of thousands have fled.

There are growing reports of children being forced to join armed groups.22

18 http://childvictimsofwar.org.uk/get-informed/drone-warfare/ see http://www.thebureauinvestigates.com/category/projects/drones/

19 http://childvictimsofwar.org.uk/get-informed/drone-warfare/ see http://www.theguardian.com/world/2013/jul/02/us-drone-strikes-afghan-civilians

20https://www.icrc.org/eng/war-and-law/contemporary-challenges-for-ihl/overview-contemporary-challenges-for-ihl.htm

21 Central African Republic: Violence continues to take toll on civilians News release 04 February 2015 see https://www.icrc.org/en/document/central-african-republic-violence-continues-take-toll-

civilians accessed March 28, 2015

A recent challenge for IHL has been the tendency of States to label as ‘terrorist’ all acts of

warfare committed by non-State armed groups against them, especially in non-international

armed conflicts. The use of the term ‘terrorist act’ in the context of armed conflict causes

confusion between the two separate bodies of law and may lead to a situation where non-State

armed groups disregard IHL norms because of a perception that they have no incentive to abide

by the laws and customs of war. The designation of some non-State armed groups as ‘terrorist

groups’ also has significant implications for humanitarian engagement and may impede

humanitarian action. For example, ISLAMIC STATE (IS) a radical Islamist group that has

seized large swathes of territory in eastern Syria and across northern and western Iraq. Its brutal

tactics - including mass killings and abductions of members of religious and ethnic minorities, as

well as the beheadings of soldiers and journalists - have sparked fear and outrage across the

world,23 BOKO HARAM in Nigeria "The conflict in north-east Nigeria has flared up in recent

months, while other areas have seen growing tensions and armed violence. The number of people

killed, wounded or displaced is on the rise, with children being targeted in attacks or

abductions," said Zoran Jovanovic, head of the International Committee of the Red Cross (ICRC)

delegation in Nigeria24 and in Somalia Islamist militant group AL-SHABAB is battling the UN-

backed government in Somalia, and has carried out a string of attacks in neighboring Kenya. The

group, which is allied to al-Qaeda, has been pushed out of most of the main towns it once

controlled, but it remains a potent threat. Al-Shabab has staged numerous attacks in Kenya. The

2 April massacre at Garissa University, near the border with Somalia, is the bloodiest so far. At

least 147 people died when gunmen stormed the university at dawn. Previously the worst attack

was on Nairobi's Westgate shopping centre in 2013, when at least 68 people died.25

22 South Sudan: “Snapshot book” helps children find loved ones News release 05 March 2015 see (https://www.icrc.org/en/document/south-sudan-snapshot-book-helps-children-find-loved-ones).

23 What is Islamic State? 26 September 2014 From the section Middle East see http://www.bbc.com/news/world-middle-east-29052144 accessed March 28, 2015

24 Nigeria: Victims of conflict and violence struggle to survive Article 30 June 2014 see https://www.icrc.org/en/document/nigeria-victims-conflict-and-violence-struggle-survive accessed March 28,

2015

25http://www.bbc.com/news/world-africa-15336689 Who are Somalia's al-Shabab? 3 April 2015.From the section

Africa accessed April 5, 2015.

To me, the laws are there, but I can’t say they are inadequate or adequate to regulate use of these

weapons; the burden is compliance, implementation and dissemination of the existing laws due

to several challenges including: weak political structures, radicalization of youths by extremists,

ignorance of the laws by parties to war, poverty and unemployment.

The rules of IHL are open to interpretation; however, the current legal framework has proved

unable to prevent a pattern of increasing civilian harm associated with the use of explosive

weapons in populated areas. The UN Institute for Disarmament Research (UNIDIR) notes that

“IHL has proven relatively ineffective … responding to the humanitarian problems that

explosive weapons cause, or in focusing attention on the moral acceptability of civilian harm”.26

The unregulated widespread availability of arms contributes to violations of international

humanitarian law (IHL) and hampers delivery of assistance to victims.

Contemporary armed conflicts repeatedly demonstrate that the most fundamental and universally

acknowledged laws of war are often disregarded, and existing IHL does not provide effective

mechanisms to stop violations when they occur. But in certain areas, the rules themselves need

strengthening. Many rules of IHL continue to be violated daily. IHL lacks strong and effective

mechanisms for monitoring and promoting compliance.

Conclusion and recommendations

While recognition of this pattern of harm is growing among states and international

organizations, the international community must do more to tackle this unacceptable,

unspeakable and preventable suffering looming in cities, towns and populated areas today.

My recommendations to the international community, states and international organizations in

line with the call of the UN Secretary-General to take active steps to address this fundamental

humanitarian issue are as follows:

States have an obligation to ensure respect for IHL. This includes a responsibility to ensure that

the arms and ammunition they transfer does not end up in the possession of persons who are

likely to use them to violate IHL. An Arms Trade Treaty, which the ICRC supports, is meant to

address some of those concerns.

26 M Brehm and J Borrie, Explosive Weapons: Framing the problem, UNIDIR, 2010, pp 2–3, see http://www.unidir.org/files/publications/pdfs/explosive-weapons-framing-the-problem-354.pdf

accessed 5 April

States are to take practical measures that include the following: integrating IHL into training and

military manuals, marking protected objects such as cultural heritage sites, and delivering

identification cards to combatants and protected persons. In addition, States have to spread the

knowledge of IHL.

States should publicly acknowledge that the use of explosive weapons in populated areas causes

severe harm to individuals and communities and furthers suffering by damaging vital

infrastructure. There’s also need for compensation to the victims of war by ensuring that

donations, aids and relief food reaches the right people through monitoring by states,

international organizations and non-governmental organizations involved.

States should established national IHL committees and ministerial bodies to offer legal advice,

technical assistance and capacity building to States authorities on matters concerning

implementation of IHL which are intimate with a specialized structure of the ICRC Advisory

Service to assist States to implement IHL at the national level to facilitate IHL implementation

domestically.

To further the ICRC's work on IHL implementation, the Advisory Service cooperates with

relevant international and regional organizations such as UNESCO, the Commonwealth

Secretariat, the Council of Europe, the Organization of American States, and the International

Criminal Court is vital.27

For the treaties of international humanitarian law (IHL) and other relevant instruments to be

accepted worldwide, national governments must formally adopt them by the process of

ratification or accession. States must then pass legislation and take regulatory and practical

measures for the rules of IHL to be fully effective.

27 https://www.icrc.org/en/document/icrc-advisory-services-international-humanitarian-law#.VL5C8yinG30

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