"The Council’s contribution to the fight against impunity must be strengthened" [fr]

OPEN DEBATE ON THE PROTECTION OF CIVILIANS

STATEMENT BY MRS DIARRA DIME-LABILLE,
LEGAL ADVISER OF FRANCE TO THE UNITED NATIONS

TO THE SECURITY COUNCIL

New York, 25 May 2022

Good morning and thank you Mr. President,

Let me thank the United States for organizing this open debate on the protection of civilians.

I would also like to thank Mr. Ramesh Rajasingham, Mr. Robert Mardini, Mr. David Miliband and last but not least Ms. Rachel Boketa for their presentations and testimony.

The conclusion they drew was clear : civilians continue to pay a high price for conflict.

I would like to highlight three points.

First, the protection of civilians and humanitarian workers is an obligation under international humanitarian law that is binding on all parties to conflicts.

This obligation to protect extends to civilian infrastructure essential to the survival of populations, in particular hospitals, medical facilities, facilities providing access to water, electricity, as well as crops and agricultural infrastructures.

Unfortunately, we see parties knowingly incorporating violations of international humanitarian law into their military strategy. These violations increase the suffering of the population and multiply the humanitarian needs.

In Ukraine, Russian forces are using the same methods as those used in Syria alongside the Assad regime: first encircling cities, massively bombing them and then besieging them, trapping civilians, targeting essential civilian infrastructure and using foreign mercenaries. In Mali and the Central African Republic, local armed forces and mercenaries from the Russian company Wagner are increasing their massive acts against civilians.

Secondly, we must also step up our efforts to deal with the shrinking of the humanitarian space, which prevents populations in need of humanitarian assistance from receiving it.

France is particularly committed to this issue and organised a meeting in the Security Council in July 2021 on the preservation of the humanitarian space. As it is a condition for the survival of populations, a safe and unhindered humanitarian access must be guaranteed without conditions.

Furthermore, we cannot and must not tolerate or accept the harassment, arrest or killing of humanitarian workers.

We must strengthen civil-military coordination and the use of humanitarian deconfliction mechanisms wherever necessary. The protection of civilians must remain at the heart of peacekeeping operations.

We must also create, through the texts we adopt in the Council and in our national legislation, an environment conducive to the operations of neutral and impartial humanitarian actors in accordance with international law, for example by combating over-banking practices and by ensuring that humanitarian actors cannot be sanctioned or prosecuted for the sole reason of having conducted humanitarian activities in accordance with international humanitarian law and humanitarian principles

We need to sanction violations of international humanitarian law, with regard to the protection of civilians, by making better use of the tool of sanctions against those responsible and perpetrators.

Third and finally, we must redouble our efforts to ensure that international humanitarian law is respected by all.

Respect for this law was one of the priority themes of the first European Humanitarian Forum, which France co-organised with the European Commission in March 2022 in Brussels. It is also at the heart of the Call for Humanitarian Action, launched by France and Germany, which has so far had fifty-three signatories.

The Council’s contribution to the fight against impunity must be strengthened, as must cooperation with fact-finding missions, commissions of enquiry and international criminal justice instruments, foremost among which is the International Criminal Court for the most serious crimes. Following France’s example, in particular in the sanctions regimes where we are penholders, we must also continue and pursue, as I recalled, to use these tools which are important, including to fight against violence against children and sexual violence.

I thank you./.

Dernière modification : 27/05/2022

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