Statement
by H.E. Archbishop Silvano
M. Tomasi
Permanent Representative of
the Holy See to the United Nations and Other International Organizations at the
6th Review Conference of the States Party to Protocol V of the Convention on Prohibitions or Restrictions
on the Use of Certain Conventional
Weapons Which May Be Deemed to Be Excessively Injurious or to Have
Indiscriminate Effects (CCW)
Mr. President,
At the
outset, allow me to congratulate yofor your election to preside this 6th
Review Conference.
Recent
conflicts in various regions of the world confirm the urgent need for a renewed
and strong response to the problem of explosive remnants of war. Protocol V
should be one important element of the international effort to prevent real
humanitarian tragedies, and to constitute a remedial answer where the
prevention was not possible. The Holy See delegation is very much concerned
about many situations where ERW’s are not only posing a safety problem for the
local population, but also a national and regional security problem. A huge
amount of explosive weapons are not monitored, not recorded, and not secured.
Some of them fell into the wrong hands of terrorist groups and criminal gangs.
Some others went to the population at large and constitute now and in the
future a big risk for the stability of countries and a permanent cause for
eventual criminal or political violence. The credibility of Protocol five is at
stake: the diligent and complete implementation of the provisions of this
protocol should be our common goal. This is the only way to protect the
civilian population, and in some cases the national
community as a whole, from the consequences of explosive remnants of war and in
particular the huge amount of abandoned stocks.
Mr.
President!
In such
cases, time is of the essence. In a situation of conflict, States are required
to record the use and abandonment of explosive weapons. They are also required
to share these informations after the conflict has ended. Any hesitation in
this regard has a very negative humanitarian consequence. It means more victims
and bigger economic and social costs, and long term hampering of development.
The third phase should start as soon as possible to secure the abandoned stocks
and to clean the polluted areas. International cooperation, where needed, is a
moral responsibility. During the negotiation of this protocol, it was not
possible to have a provision about the user’s responsibility. The provision on
international cooperation should remain strong because it is the right thing to
do, but also because it is so important for the universalization of the
protocol. Almost in all recent conflicts, States parties and non-States parties
to the Protocol were involved. This fact makes implementation more difficult. But
this should never be an excuse not to implement fully article 4 of the
protocol. In this context, the Holy See shares the concerns of the
International Committee of the Red Cross and other partners in the NGO’s
community concerning the lack of total or partial implementation of article 4
which is the corner stone of this instrument. Without respecting the provision
of this article, the rest of the protocol is almost impossible to achieve.
Mr.
President!
The Holy See
understands and supports protocol five and the CCW in general as a concrete
expression of the dignity of the human person and as a necessary application of
international humanitarian law. Our reading of the provisions of the
disarmament instruments in general, including protocol five, is based on a
humanitarian approach where the human person is the center of the attention,
and the subject of protection. Civilian population must be protected in all
circumstances. We have to admit that in recent and current conflicts, the
civilian populations were not protected and the international humanitarian law
was merely a set of non-respected rules. This is the challenge for all of us to
make protocol five effective in protecting the civilian populations from the
consequences of explosive weapons during conflicts and after the conflicts have
ended. The civilians should not have to pay twice for the absence of a secure,
free and peaceful environment.
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