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Rejecting calls to address only the “indiscriminate use” of explosive weapons in populated areas

This paper sets out why attempts by some states to limit the issue of explosive weapons use in populated areas to only the “indiscriminate use” in these contexts would undermine the humanitarian value of a future declaration by reducing it to simply a political reaffirmation of states’ obligation to follow the law. Image © REUTERS/Mohsin Raza

During consultations on “elements” for a political declaration on the protection of civilians from the use of explosive weapons in populated areas, Geneva, 10 February 2020, a number of states called for a draft text to reflect their opinion that the issue be limited to only the “indiscriminate use” of explosive weapons in these contexts. This paper sets out why such an approach would serve to undermine the humanitarian value of a future declaration by reducing it to simply a political reaffirmation of states’ obligation to follow the law, and cautions states against adopting a position that they cannot back up with evidence, that is corrosive of established international law, and that exposes them to awkward political questions.

Read the full briefing here: http://bit.ly/Article36insdiscriminateuse

Image: Muhammad Ishfaq, who lost his daughter due to shelling along the disputed border between Pakistan and India, shows a mortar shell which landed outside his house in Bani Sulehria village in Sialkot, Pakistan September 22, 2017. REUTERS/Mohsin Raza

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