أ) أهداف التعهد
Densely populated towns and cities have become the primary battlegrounds in armed conflicts. War in cities and the use of explosive weapons in populated areas (EWiPA) can cause disastrous consequences for the civilian population, especially for persons in vulnerable situations, both in the short and long term due to its direct as well as indirect effects – often referred to as reverberating effects. The impact of unlawful conduct of hostilities on objects indispensable to the survival of the civilian population and the unlawful use of human shields can further compound the situation. The indiscriminate use of EWiPA can also cause disruption of access to essential services, environmental damage or widespread displacement. We reaffirm and acknowledge the need to better protect civilians and objects indispensable to the survival of the civilian population in the context of urban warfare. In that regard, the adoption of the Political Declaration on EWiPA is a historic event and an important achievement in the field of IHL.
The EU and its Member States, the latter together with their joining National Red Cross Societies, in accordance with their respective competences, pledge to:
- advocate for better protection of civilians and objects indispensable to the survival of the civilian population in urban settings, focusing in particular on those most at risk;
- more specifically, engage with all parties, including where appropriate non-state armed groups, to armed conflict to ensure respect for IHL in all circumstances during urban warfare, especially the relevant rules on the conduct of hostilities aiming to protect civilians and civilian objects, the rules governing humanitarian assistance (such as protection of humanitarian personnel and effective humanitarian access) and those protecting health care (such as medical personnel, facilities and transports) and the emblem;
- take action to prevent and reduce the devastating humanitarian consequences of urban warfare by supporting in all relevant forums efforts to ensure the strongest possible protection for civilians against the effects of urban warfare, including when explosive weapons, including improvised explosive devices in populated areas are being used, by strengthening the policy framework with respect to the protection of civilians from urban warfare, and also by sharing examples of good policy and practice;
- support the meaningful implementation of the Political Declaration on Explosive Weapons in Populated Areas (EWiPA), specifically with regards to protecting civilians and civilian objects, and in any event, to minimize incidental civilian harm;
- continue providing comprehensive and inclusive assistance to victims of mines, cluster munitions, improvised explosive devices, explosive weapons and explosive remnants of war, mindful of the specific needs of persons with disabilities;
- facilitate the dissemination and understanding of International Humanitarian Law and promote its respect and implementation, including by non-State armed groups;
- provide IHL training for the States’ armed forces on the conduct of hostilities in populated areas, including on concrete measures on how to protect civilians in such contexts;
- raise awareness about the humanitarian impacts of urban warfare to inform military decision-making and to properly respond to the civilian population’s needs.
ب) خطة العمل:
The EU and its Member States, the latter together with their joining National Red Cross Societies, in accordance with their respective competences, intend to:
- advocate for the protection of civilians from the impact of explosive weapons as well as from tactics designed to exploit the proximity of civilians or civilian objects to military objectives in populated areas and for limiting and responding to the impact of hostilities in urban areas;
- support the dissemination and meaningful implementation of the EWiPA declaration by, as appropriate, reviewing, developing or improving national policy and practice with regard to the protection of civilians and the use of explosive weapons in populated areas, to support lessons learnt exercises, promoting exchange of information and good practices, through evidence-based advocacy and facilitating interaction between governments, civil society and international organisations;
- support the clarification, strengthening and dissemination of the legal and policy frameworks with respect to the protection of civilians in urban warfare;
- continue supporting mine action, including as well comprehensive support to the victims of mines, cluster munitions, improvised explosive devices, explosive weapons and explosive remnants of war both in the short and long term along the humanitarian-development-peace nexus;
- where appropriate, review and adapt military practices and policies in order to strengthen the protection of civilians including from the use of EWiPA in the elaboration and review of military doctrine and planning process for urban warfare, as far as not yet done;
- identify the protection of civilians not only as an obligation under IHL, but also as a strategic objective prior to military operations;
- facilitate rapid and unimpeded humanitarian access to those in need;
- ensure that armed forces, including in their policies and practices, take into account the direct and indirect effects on civilians and civilian object which can reasonably be foreseen in the planning and execution of military operations in populated areas, and conduct damage assessments, to the degree feasible, and identify lessons learned;
- enhance the capacity to comprehend and address the effects of urban warfare and of the indiscriminate use of explosive weapons in populated areas. This involves:
- Share good policy and practice on the protection of civilians and civilian objects against the effects of hostilities in military operations in relevant European regional/international forums.
- Review and if deemed necessary strengthening armed forces’ understanding of conduct of hostilities in urban areas or adapting existing IHL training for armed forces to consider this issue, providing specific and adequate training and exchanging such training as good practice, and encouraging the use of relevant tools produced by the International Committee of the Red Cross (ICRC) such as the “Reducing Civilian Harm in Urban Warfare: A Commander’s Handbook” (2021) and the recommendations provided by the report “Explosive Weapons with Wide Area Effects: A Deadly Choice in Populated Areas” (2022).
- Put in place, when appropriate and feasible, national mechanisms to collect, analyse, interpret and disseminate disaggregated data on the humanitarian impacts of urban warfare on population, humanitarian personnel and medical personnel, including direct and indirect effects on civilians and civilian objects, including objects indispensable to the survival of the civilian population, of military operations involving the use of explosive weapons, and environmental impacts (where feasible) to inform military decision-making and help address the needs of affected populations.
- Consult with National Societies, humanitarian organizations and civilian agencies when appropriate during trainings and prior to and during military operations to understand their roles in urban warfare situations and the principles they abide by, as well as the needs of the civilian population and how those needs might be addressed.
- Strengthen States and international organizations capacity to prevent and to counter effectively the harm caused to civilians and civilian objects, in particular medical facilities, places of worship, schools, kindergartens and nurseries.
ج) مؤشرات قياس التقدم المحرز
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د) الآثار المترتبة على الموارد:
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