From 3-5 March 2021, the government of Ireland hosted (virtually) the third round of consultations as part of an intergovernmental process to develop an international political declaration aimed at addressing civilian harm from the use of explosive weapons in populated areas. The process began in late 2019 but finalising the text has been delayed due to the COVID-19 pandemic.

The March consultations provided an opportunity for states, international organisations and civil society to provide their views and detailed text suggestions on the revised draft declaration shared by Ireland in advance of the consultations. On the basis of input during the consultations as well as written submissions, Ireland plans to issue another draft ahead of final consultations, which will seek to finalise the text of the political declaration in the coming months.

Over the course of the three days there was active engagement from states and organisations with detailed text suggestions. INEW and its members participated extensively in the consultations, delivering statements on the title and preamble, the legal section, and the operative and other commitments, and also published in advance a detailed commentary on the latest draft of the declaration.

The key changes INEW proposed to strengthen its provisions and humanitarian protection measures, include:

• Stronger and more accurate descriptions and acknowledgement of the civilian harm and suffering that has resulted from the use of explosive weapons in populated areas and which continues to occur, in the preamble and in the title. This includes changing the title which is too permissive of continued use, and removing the recurrent descriptions that use of explosive weapons “can cause” harm.

• Providing a clearer understanding of the concept of explosive weapons with wide area effects which is not sufficiently described in the text, yet frequently referenced making the scope of the declaration too narrow by limiting it to explosive weapons with wide area effects. Further, the operative commitments to address wide area effects should be strengthened to better establish a presumption against such use.

• Ensuring that the declaration can be an effective tool that drives actions to protect civilians from the use of explosive weapons in populated areas. This includes: establishing a framework for implementation that is inclusive of civil society and international organisations; that drives operative actions central to this issue, such as promoting understandings of the area effects of weapons and the context of use (and not just better understanding of IHL); and stronger humanitarian commitments to assist victims, collect data, track civilian harm in military operations, which will help promote understandings of civilian harm and effective responses to this.

Following the consultations, INEW has developed a supplementary written submission to the process that responds to particular lines of argument heard from some delegations who seek a political declaration that simply reaffirms the law and that insufficiently acknowledges the widespread, severe and ongoing harm caused to civilians. INEW strongly rejects such an approach, which risks undermining the humanitarian value and purpose of a future political declaration and the opportunity this initiative presents in agreeing practical measures that would make a meaningful contribution in preventing civilian harm and suffering.