SECURITY COUNCIL HOLDS MEETING ON THE RESPECT FOR

UNCLAS USUN NEW YORK 000086

SIPDIS

E.O. 12958: N/A
TAGS: PARM PREF PREL
SUBJECT: SECURITY COUNCIL HOLDS MEETING ON THE RESPECT FOR
INTERNATIONAL HUMANITARIAN LAW (IHL)


1. Summary. France, President of the Security Council,
held a Security Council meeting January 29 to discuss:
"Respect for International Humanitarian Law". The French
circulated a concept paper prior to the meeting describing
their objectives which included an assessment by the Council
of measures it has taken to address IHL issues and the
results achieved. Representatives from the UN Office for the
Coordination of Humanitarian Affairs (OCHA),the UN Office of
Legal Affairs (OLA),the Office of the UN High Commissioner
for Refugees (UNHCR),the High Commissioner for Human Rights
(OHCHR) and the International Committee of the Red Cross
(ICRC) made statements, followed by all members of the
Council. In her first address to the Council, Ambassador Rice
underscored the Obama Administration's commitment to
international law as evidenced by the President's early
Executive Orders on detention facilities and highlighted
situations in which observance of IHL is particularly
relevant. End Summary.


2. France's Permrep Ripert, warmly welcomed Ambassador Rice
and noted that the "United Nations needs the United States as
much as the United States needs the United Nations."
Focusing on the subject of the meeting, Ripert said that
there has been an increase in flagrant violations of IHL by
different parties, resulting in unacceptable suffering. He
added that civilians have been targeted, used as human
shields and subjected to disproportionate use of force.
Providing a bit of a history on IHL, Ripert said that over
the years, the Security Council has held thematic debates,
focused on "children and armed conflict" and established
international criminal tribunals in order to fight impunity.
Nonetheless, he said that these measures have not been
sufficient to curb violations of international humanitarian
law and emphasized that the Security Council must act to
promote compliance. Ripert said that this was the first
debate with a view toward the Security Council making further
efforts during this 60th anniversary year of the adoption of
the Geneva Conventions.


3. Ambassador Rice noted President Obama's actions during
his first week in office in support of IHL such as the
Executive Orders he signed to close the Guantanamo detention
facility within one year and to order closure of all CIA
detention facilities. Several members of the Council and
Member States observing the meeting (Burkina Faso, Egypt,
France, Germany, Norway, Portugal, Slovakia, Switzerland,
U.K.) commented privately after the meeting that they were
impressed with and encouraged by the U.S. statement. The
full text of Ambassador Rice's statement can be found on
USUN's website:
www.usunnewyork.usmission.gov/press_releases/ 20090129_020.
html.


4. Subsequent statements by Council Members followed the
same trends presented by Ripert and several indicated they
had recently addressed the issue of IHL in the Council's
debate on Civilians in Armed Conflict. Nearly all mentioned
the problems in Gaza and the need for the international
community to react quickly to open border crossings there and
to provide access for humanitarian aid. Many speakers
thanked the ICRC for all that it does as the guardian of IHL.
The Russian Federation said that in regard to violations of
IHL, the Security Council must refrain from selective
approaches or "political protectionism". Some states referred
to the "Responsibility to Protect" and the need to address
situations where a government fails in its responsibility to
its people. Libya indicated that although the U.S. creation
of the Guantanamo detention facility was a big mistake, it is
grateful to President Obama for his recent action to close
the facility. The Vietnamese also applauded this
development. Another recurring theme was the possibility of
resorting to the International Criminal Court to prosecute
violators of IHL.


5. Although the other representatives of organizations who
spoke made general statements, UN Legal Counsel Patrica
O'Brien made a concrete proposal. She suggested that the
Security Council consider establishing a protected status for
all United Nations premises as IHL has not recognized them as
such. The value, O'Brien said, in protecting UN premises is
that many people consider them "safe havens" and significant
casualties have occurred as a result. Comment: It was not
clear what role the Legal Counsel envisions the SC would play
in moving this idea forward. O'Brien also said that the
meeting's broad discussion of IHL should not be limited to
the Security Council. Her proposal may be an issue for the
wider membership to consider. End Comment.









Rice