Forum on the Arms Trade
  • Home
  • Experts
    • View all - by location
    • View by issue expertise >
      • View all
      • US Policy and Practice >
        • Arms sales
        • Security assistance
        • Export control
        • Defense industry
      • International Instruments >
        • Arms Trade Treaty
        • CCW
        • Other instruments
      • Weapons >
        • small arms/light weapons
        • drones
        • landmines/cluster munitions
        • killer robots
        • cyber
        • explosive weapons
        • F-35
      • International Trade >
        • Global trade data/trends
        • Strategic trade control
        • Africa
        • Latin America
        • Middle East
        • Europe
        • Asia
      • Implications >
        • Harm to civilians
        • Gender
        • Child soldiers
        • Arms trafficking
        • Corruption
        • Environment
    • A to B >
      • Rasha Abdul Rahim
      • Jeff Abramson
      • Ray Acheson
      • Katherine Aguirre Tobón
      • Linda Åkerström
      • Waleed Alhariri
      • Radhya al-Mutawakel
      • Alma Taslidzan Al-Osta
      • Philip Alpers
      • Habbouba Aoun
      • Peter Asaro
      • David Atwood
      • Kathi Lynn Austin
      • Natalia Báez Zamudio
      • Deepayan Basu Ray
      • Seth Binder
      • Subindra Bogati
      • Laura Boillot
      • Matthew Breay Bolton
      • Mark Bromley
      • Martin Butcher
    • C to G >
      • Brian Castner
      • Thompson Chengeta
      • Purna Shova Chitrakar
      • Helen Close
      • Jordan Cohen
      • Magda Coss Nogueda
      • Verity Coyle
      • Anna Crowe
      • Maria Pia Devoto
      • Lode Dewaegheneire
      • Bonnie Docherty
      • Gugu Dube
      • Geoffrey L. Duke
      • Nils Duquet
      • Cindy Ebbs
      • Jennifer L. Erickson
      • Andrew Feinstein
      • Aude Fleurant
      • Denise Garcia
      • Dan Gettinger
      • Natalie Goldring
      • Colby Goodman
      • Hector Guerra
    • H to L >
      • William Hartung
      • Lisa Haugaard
      • Alexandra Hiniker
      • Erin Hunt
      • Adam Isacson
      • Roy Isbister
      • Cesar Jaramillo
      • N.R. Jenzen-Jones
      • Raza Shah Khan
      • Daryl G. Kimball
      • Adele Kirsten
      • Kate Kizer
      • Michael Klare
      • Matt Korda
      • William Kullman
      • Guy Lamb
      • Bruno Langeani
      • Edward J. Laurance
      • John Lindsay-Poland
    • M to R >
      • Daniel Mack
      • Daniel Mahanty
      • Ara Marcen Naval
      • Ivan Marques
      • Jesus Martínez
      • Montserrat Martínez Téllez
      • Nicholas Marsh
      • Shana Marshall
      • Stephen Miles
      • Elizabeth Minor
      • Yeshua Moser-Puangsuwan
      • Robert Muggah
      • Wanda Muñoz
      • Folade Mutota
      • Jasmin Nario-Galace
      • Afrah Nasser
      • Amy Nelson
      • Linnet L. Wairimu Ng'ayu
      • Nancy Okail
      • Iain Overton
      • Scott Paul
      • Carlos Pérez Ricart
      • Samuel Perlo-Freeman
      • Michael Picard
      • Natália Pollachi
      • Allison Pytlak
      • Josh Ruebner
    • S to Z >
      • Wilder Alejandro Sanchez
      • Stephen Semler
      • Camilo Serna
      • Annie Shiel
      • Shobha Pradhan Shrestha
      • Stephen Mwachofi Singo
      • Frank Slijper
      • Nate Smith
      • Ayman Sorour
      • Emma Soubrier
      • Jen Spindel
      • Alexandra Stark
      • Anna Stavrianakis
      • Rachel Stohl
      • Avihai Stollar
      • Ari Tolany
      • A. Trevor Thrall
      • Sahar Vardi
      • Andrea Edoardo Varisco
      • Francesco Vignarca
      • Jodi Vittori
      • Leah Wawro
      • Eugenio Weigend Vargas
      • Doug Weir
      • Anne-Charlotte Merrell Wetterwik
      • Sarah Leah Whitson
      • Patrick Wilcken
      • Cristian Wittmann
      • Sarah Yager
      • Katherine Young
      • Elias Yousif
      • Wim Zwijnenburg
  • Emerging Experts
  • Arms Transfers to Ukraine
    • Ukraine Countries List
  • U.S. Conventional Arms Transfer (CAT) Policy
  • Major Arms Sales Notifications Tracker
  • Events
  • Congressional Arms Trade Measures
  • Biden Admin's Controversial Arms Sales
  • U.S.-Saudi Arms Sales
  • U.S. Arms Sales to Taiwan
  • Biden Arms Sales To Israel
  • U.S. Arms Sales to India
  • U.S. Landmine Policy
  • Resource Page - Under Threshold Arms Sales
  • Resource Page - USML Cat I-III to Commerce
  • Journalists
  • Get on the list
  • About
  • Archives
    • All archives
    • Expert Publications
    • Blog
    • Newsletter

Implementation and Innovation: Humanitarian Disarmament in 2023

2/2/2023

0 Comments

 
This is the sixth blog post in a series looking at an array of issues in 2023 related to weapons use, the arms trade and security assistance, often offering recommendations.

(photo, right: 
Bonnie Docherty (author) delivers statement at the endorsement conference of explosive weapons declaration in Dublin, November 2022. Credit: Erin Hunt, 2022.)

This post also is also published on humanitariandisarmament.org’s Disarmament Dialogue blog.  ​
Picture
Bonnie Docherty

The past year underscored the need to have and to ensure respect for strong and effective humanitarian disarmament law. Since Russia’s full-scale invasion of Ukraine, cluster munitions, antipersonnel landmines, and explosive weapons with wide area effects have been used in populated areas, mostly by Russia. Russia has in addition repeatedly threatened to use nuclear weapons.
 
These attacks and threats have inflicted a horrific civilian toll, but they have also generated international opprobrium because they involved weapons banned or practices restricted under humanitarian disarmament treaties and commitments. While more work needs to be done to minimize the civilian suffering in Ukraine and other armed conflicts around the world, demonstrating robust and united support for global civilian protection norms is an important step.
 
Humanitarian disarmament, which seeks to prevent and remediate arms-inflicted human and environmental harm, was advanced as well as reinforced in 2022. States adopted important new standards and commitments on the use of explosive weapons in populated areas, nuclear weapons, and the environment and armed conflict. To ensure that these standards and commitments achieve their potential, 2023 will be critical for implementation. It is also a time for innovation, especially in addressing the risks and dangers posed by autonomous weapons systems.
 
Explosive Weapons in Populated Areas

A political declaration on the use of explosive weapons in populated areas, endorsed by 83 countries on November 18, aims to better protect civilians from humanitarian consequences of the bombing and shelling of cities and towns. It goes beyond urging greater compliance with existing international humanitarian law to establishing guidelines for preventing and remediating the harm from this method of warfare. The use of explosive weapons in populated areas is one of the greatest threats to civilians in contemporary armed conflicts, and the declaration contains strong provisions with the potential to address both direct and reverberating effects. But it will only be as effective as its interpretation and implementation.
 
Over the next year, signatories to the declaration should ensure that they interpret it through a humanitarian lens. Its core provision calls on states to adopt “policies and practices to help avoid civilian harm, including by restricting or refraining as appropriate from the use of explosive weapons in populated areas, when their use may be expected to cause harm to civilians or civilian objects.” According to a report by Human Rights Watch and Harvard Law School’s International Human Rights Clinic, to live up to the declaration’s humanitarian purpose, states should understand the paragraph to mean they should refrain from using explosive weapons with wide area effects in populated areas, and restrict their use of all other explosive weapons in those areas.
 
State signatories should also carry out the commitments they made in the declaration and be ready to report on their progress at the first follow-up meeting in Norway in 2024. They should, for example, review, develop, and improve relevant national policies and practices; train their armed forces on the declaration’s provisions; collect and share data; and provide assistance to victims. Several civil society organizations have published recommendations for how most effectively to implement the declaration’s commitments.
 
Nuclear Weapons

Implementation is also key for the 2017 Treaty on the Prohibition of Nuclear Weapons. The treaty’s landmark First Meeting of States Parties in Vienna last June adopted the Vienna Declaration, reaffirming states parties’ commitment to eliminating nuclear weapons and stressing the treaty’s underlying moral and ethical imperatives. The meeting further agreed to the Vienna Action Plan, which lays out steps to advance the process of implementing the treaty. Expanding support for the treaty remains a top priority. Five years after its initial signing conference, the treaty has 68 states parties and an additional 27 states have signed.
 
Another area of focus is the positive obligations to assist victims, remediate environmental contamination, and provide international cooperation and assistance. The Action Plan identifies initial steps states parties should take to establish an implementation framework. They should assess the harm caused by nuclear weapons use and testing and their capacity to address it, develop a national plan with a budget and time frame, establish a government “focal point” to guide these efforts, and adopt relevant laws and policies. In addition, they should follow principles of accessibility, inclusivity, non-discrimination, and transparency at all stages of carrying out these obligations.
 
Environment and Armed Conflict

New standards were set during the past year with regard to the environment and armed conflict. On December 7, the United Nations General Assembly adopted by consensus the International Law Commission’s Principles on the Protection of the Environment in Relation to Armed Conflicts. The non-binding principles cover situations before, during, and after times of armed conflict.
 
The principles call for designating protected zones, explicitly applying existing international humanitarian law to the environment, and laying out rules to protect the environment during times of occupation. They also underscore the importance of cooperation in developing post-conflict remedial measures.
 
The Conflict and Environment Observatory, which advocated heavily for the principles, said that, “The UN General Assembly’s adoption of the principles and their commentaries represents the transition point between [the principles’] development and the beginning of its implementation phase.” Early steps in this stage include raising awareness about the principles and adopting national measures, such as training armed forces on their content.
 
Autonomous Weapons Systems
​

While the new standards and commitments on explosive weapons, nuclear weapons, and the environment in armed conflict require implementation, the dangers raised by autonomous weapons systems are still not constrained by specific legal rules. Innovation will, therefore, be crucial in 2023. International talks at the Convention on Conventional Weapons (CCW) have been ongoing since May 2014, but no action has been taken. At the CCW’s annual meeting in November, states parties yet again failed to make any meaningful progress despite calls from a majority of states parties, plus the International Committee of the Red Cross and civil society organizations, to open negotiations for a new treaty to prohibit and regulate autonomous weapons.
 
Due in large part to the CCW’s reliance on consensus-based decision making, however, states parties could only agree to discuss—for the tenth year—“possible measures” for addressing the myriad threats such weapons systems pose. States parties will need to break out of the CCW if they want to make progress toward a new instrument on autonomous weapons systems.
 
States need to innovate by changing their tactics for achieving a treaty, and there is ample precedent for taking a different approach. Existing disarmament treaties offer models for successfully adopting legal instruments in alternative forums. As discussed in a recent report by Human Rights Watch and Harvard Law School’s International Human Rights Clinic, states could turn to an independent process outside the UN, as was done for the Mine Ban Treaty and Convention on Cluster Munitions. Or they could initiate a UN General Assembly process, as was used for the Treaty on the Prohibition of Nuclear Weapons. Both approaches have several benefits: a common purpose, voting-based decision-making, clear and ambitious deadlines, and a commitment to inclusivity.
 
In 2023, Costa Rica, Luxembourg, and Austria are all planning conferences outside of the CCW on autonomy in weapons systems. States and others that support creating new law to address the moral, legal, accountability, and security concerns about this emerging technology should take advantage of these meetings to build momentum for negotiations.


Bonnie Docherty is a senior researcher in the Arms Division of Human Rights Watch and a lecturer on law at Harvard Law School, where she is Director of the Armed Conflict and Civilian Protection Initiative in the International Human Rights Clinic. 

Inclusion on the Forum on the Arms Trade expert list and the publication of these posts does not indicate agreement with or endorsement of the opinions of others. The opinions expressed are the views of each post's author(s).

0 Comments

    About

    The "Looking Ahead Blog" features comments concerning short- to medium-term trends related to the arms trade, security assistance, and weapons use. Typically about 500-1000 words, each comment is written by an expert listed on the Forum on the Arms Trade related to topics of each expert's choosing.

    We have a number of special series including: 


    Looking Ahead 2023
    Looking Ahead 2022
    ​Looking Ahead 2021
    Looking Ahead 2020

    Looking Ahead 2019
    Looking Ahead 2018
    First 100 Days (April/May '17)

    Looking Ahead 2017

    Inclusion on the Forum on the Arms Trade expert list does not indicate agreement with or endorsement of the opinions of others. Institutional affiliation is indicated for identification purposes only.

    Archives

    March 2023
    February 2023
    January 2023
    December 2022
    September 2022
    August 2022
    May 2022
    April 2022
    February 2022
    January 2022
    October 2021
    September 2021
    August 2021
    July 2021
    April 2021
    January 2021
    July 2020
    May 2020
    January 2020
    December 2019
    July 2019
    April 2019
    January 2019
    December 2018
    May 2018
    December 2017
    May 2017
    April 2017
    January 2017
    December 2016
    October 2016
    June 2016
    May 2016
    April 2016
    June 2015
    May 2015
    March 2015

    Pdf's

    March 11 (2015)

    Categories

    All
    Adam Isacson
    Africa
    Alejandro Sanchez
    Allison Pytlak
    Amy Nelson
    Anna Stavrianakis
    Arms Sales
    Arms Trade Treaty
    Arms Trafficking
    Aude Fleurant
    Bonnie Docherty
    Brian Castner
    Child Soldiers
    Colby Goodman
    Corruption
    Cyber
    Dan Gettinger
    Danielle Preskitt
    Divestment
    Doug Weir
    Drones
    Emerging Experts
    Environment
    Erin Hunt
    Europe
    Exploration Of Arms Reduction And Jobs
    Explosive Weapons
    First 100 Days
    Frank Slijper
    Gender
    Global Trade Trends
    Harm To Civilians
    Hector Guerra
    High School Debate '19 20
    High School Debate '19-20
    Humanitarian Disarmament
    Iain Overton
    Jeff Abramson
    Jobs
    John Lindsay Poland
    John Lindsay-Poland
    Jordan Cohen
    Kate Kizer
    Killer Robots
    Landmines/cluster Munitions
    Latin America
    Laura Boillot
    Lode Dewaegheneire
    Looking Ahead 2017
    Looking Ahead 2018
    Looking Ahead 2019
    Looking Ahead 2020
    Looking Ahead 2021
    Looking Ahead 2022
    Looking Ahead 2023
    Maria Pia Devoto
    Martin Butcher
    Matthew Bolton
    Middle East
    Military Expenditures
    Natalie Goldring
    Nicholas Marsh
    Non State Actors
    Paul Holtom
    Rachel Stohl
    Ray Acheson
    Robert Muggah
    Robert Watson
    Roy Isbister
    SALW
    Samuel Perlo Freeman
    Samuel Perlo-Freeman
    Security Assistance
    Seth Binder
    Shannon Dick
    Suicide Bombing
    Summit For Democracy
    Sustainable Development
    Tobias Bock
    Transparency
    Ukraine War
    UN Register
    Victim Assistance
    Wanda Muñoz
    War In Ukraine
    William Hartung
    Wim Zwijnenburg
    Yeshua Moser-Puangsuwan

    RSS Feed

Proudly powered by Weebly