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Briefing by the State of Palestine on the Use of Explosive Weapons in Populated Areas in Occupied Palestine

On 9 November 2023, the State of Palestine held a briefing in Geneva for representatives of states that have endorsed the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas, and other interested states and stakeholders on the use of explosive weapons in populated areas (EWIPA) in Occupied Palestine.

At the briefing, Palestine gave an overview of the use of explosive weapons in Gaza in the last month, sharing that it has been “the most sustained and intense bombing campaign of a populated area in history” with “more than 12,000 bombs” dropped on Gaza. They also noted that “the reverberating effects of the use of explosive weapons on hospitals, schools, food security, water, electricity and shelter, exacerbated by Israel’s total siege of Gaza, are affecting millions.”

Palestine highlighted that the “political and moral imperative to support the political declaration”and that they were “proud to have been one of the first States to announce that it would endorse this declaration”. Moreover, they “welcomed the fact that the declaration’s text clearly recognised the link between the use of EWIPA and grave humanitarian consequences, including both direct and reverberating effects.” Their remarks are available to read in full here.

Palestine noted that whilst several endorser states spoke about the humanitarian consequences of explosive weapon use in populated areas and the importance of the adoption of the Declaration in their statements at First Committee, they have not mentioned the ongoing bombardment of Gaza.

At the briefing, Belgium acknowledged the general pattern of harm caused by explosive weapons use and their “devastating and long impact on civilians”. Specific references to the use of explosive weapons in Gaza were made by Brazil and Turkey, who said that “extensive bombing damaged half the housing.”

Belgium, Brazil and Mexico echoed the call for parties to conflict to consider the direct and indirect effects on civilians from the use of explosive weapons in populated areas from INEW’s open letter. States who called on parties to the conflict to facilitate humanitarian access to those in need include Austria, Belgium, France, Indonesia and Mexico.

Austria, Belgium, Brazil, Ireland, Mexico, Norway, Pakistan, and Turkey highlighted the importance of the Political Declaration amidst the current conflict. Norway made particular emphasis on the process leading to the adoption of the instrument last November and stressed how the “destruction of Gaza shows the relevance of the Political Declaration.”

Specific references to commitments in the Declaration were made by Ireland who referenced 3.6 and 4.4 of the Declaration as well as references to the importance of implementation from Austria, Belgium, and Mexico. 

At the briefing, INEW spoke to the open letter that it issued which highlights the devastating suffering in Gaza, calls on parties to stop the use of heavy explosive weapons in populated areas, and calls on all endorsing states to:

  • Publicly acknowledge and call for action to address the devastating impacts on civilians from the use of explosive weapons in populated areas and to support the call to stop the use of heavy explosive weapons in populated areas;
  • Promote the Political Declaration;
  • Call on parties to the conflict to take into account both the direct and indirect effects on civilians from the use of explosive weapons in populated areas;
  • Call on parties to the conflict to facilitate rapid, safe, and unhindered humanitarian access to those in need;
  • Call on parties to the conflict to provide, facilitate, or support assistance to victims—which includes people injured, survivors, families of people killed or injured, as well as communities affected by the armed conflict; and
  • Call on parties to the conflict to facilitate the work of the United Nations, the ICRC, and civil society organisations aimed at protecting and assisting civilian populations from the humanitarian impacts of explosive weapon use

Action from endorsing states on promoting and implementing the Political Declaration are essential, especially in this time, to strengthen the protection of civilians from the impact of armed conflict and explosive weapons in populated areas.

Written by Kaya Nadesan

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