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Improving compliance with international humanitarian law

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32IC pledges:  Update July 2019

JOINT PLEDGES – NEW ZEALAND RED CROSS/NEW ZEALAND GOVERNMENT

Pledge – Improving compliance with international humanitarian law

The Government and National Society of New Zealand jointly pledge:

  • To continue to cooperate closely to promote respect for and implementation of international humanitarian law (IHL), including dissemination of its principles.

 

Proposed evaluation criteria

a. Promotion of IHL and humanitarian principles at relevant international meetings and for a, international and domestically;

NZG WHS commitments

“New Zealand commits to offer International Humanitarian Law and International Human Rights Law training/dissemination sessions for armed forces, particularly in the Pacific.”

Actions to date (NZRC):

  • NZRC worked with New Zealand Defence Force to plan and implement large scale Civil Military exercises about a complex humanitarian emergency, October 2017.

Actions to date (NZ Government)

  • NZ Government funded a workshop in Cameroon in 2018 on the Convention on Cluster Munitions (CCM) to promote membership of it in the region.
  • NZ Government hosted an event during the CCM First Committee in New York to provide further information on the Convention, inviting 20 states not yet party to the CCM from the Asia Pacific region
  • NZ Government continues to serve as national implementation measures coordinator for the CCM to promote universalisation and adherence to the CCM, including through the role of coordinator for the National Implementation Measures for the Convention in 2018.
  • NZ Government participated constructively in formal and informal discussions in Geneva in support of the initiative to ‘Strengthen respect for international humanitarian law’, pursuant to resolution 2 of the 32nd International Conference of the Red Cross and Red Crescent.
  • The NZ Government completed a term as a member of the UN Security Council in October 2016, in which they took a number of opportunities to improve compliance with IHL. This included, for example, condemning the use of cluster munitions in the Security Council in August 2016 and UN General Assembly (UNGA) humanitarian resolutions with respect to humanitarian access in the Syrian conflict.
  • The NZ Government contributed a UNGA Sixth Committee statement on the Additional Protocols to the Geneva Conventions (2016)

Key upcoming opportunities

  • UNGA Sixth Committee statement on GC AP – held (Oct/Nov 2018). In progress now (Oct/Nov 2018)

 

Proposed evaluation criteria

b. Ongoing support to the National IHL Committee

Actions to date:

  • NZRC provides the Secretariat for an IHL Committee at three meetings a year; and facilitates communication between meetings. This Committee includes Government Ministries, the New Zealand Defence Force, the New Zealand Police, academics and a humanitarian emergencies representative from the Council for International Development.  Joint pledges with Government from the International Conference are regularly reviewed at the IHL Committee meetings.

 

Proposed evaluation criteria

c. Ongoing cooperation on protection of the Red Cross Emblem.

Actions to date:

  • NZRC has an updated Emblem Policy and reinvigorated approach to potential emblem abuse/misuse. With the lowest number of open cases since record keeping started.

 

Proposed evaluation criteria

d. Ongoing provision of world-class training on the law of armed conflict for New Zealand military personnel

NZG WHS commitments

“New Zealand will continue to enhance its training of its armed forces on the applicable

legal framework for the protection of health care as well as ethical duties of health care

personnel by 2018.”

“NZDF will review its military rules of engagement and operational

practice to include measures to protect the delivery of humanitarian assistance and

health care.”

Actions to date (NZRC):

  • NZRC involved in Southern Katipo 2015 and 2017 (Andrew McKie)
  • Attendance with IFRC and ICRC at the UN RIMPAC 2016(Andrew McKie)
  • Participation on NZDF Exercise Cooperation Spirit 2016 (Andrew McKie)

Actions to date (NZ Government):

  • The New Zealand Defence Force (NZDF) developed a revised version of their Law of Armed Conflict (LOAC) manual ( which includes reference to the Safe Schools declaration) is currently undergoing public consultation.
  • NZDF delivered Exercise Southern Katipo in late 2017, a large scale two yearly joint exercise attended by 3,000 personnel, including from MFAT and NZRC.

 

Proposed evaluation criteria

e. Ongoing promotion of adherence to and implementation of the Arms Trade Treaty, especially in the Pacific, and working for the respect for IHL regarding the use of explosive weapons in densely populated areas.

NZG WHS commitments

  • New Zealand commits to ongoing promotion of universalisation and implementation of the Arms Trade Treaty, especially in the Pacific.” “We pledge to continue to promote universalisation of the Convention on Cluster Munitions and to work for a world without cluster munitions. We will continue to promote compliance and adherence, and to reinforce the norms being established by the Convention including the stigmatisation of cluster munitions. We remain gravely concerned about the continued use of cluster munitions and will continue to strongly condemn any use by any actor.”
  • “Complementing the core commitment relating to the use of explosive weapons with wide area effects in populated areas, we pledge to continue to engage in raising international awareness about the challenge for the protection of civilians in armed conflict posed by this practice. We commit to support the collection of data on the direct civilian harm and the reverberating effects on civilians resulting from the use of explosive weapons with wide area effects in populated areas, and to contribute to the collection and exchange of good practices and lessons learned in minimizing impacts on civilians when using such weapons. We further pledge to continue to look for effective measures to strengthen the respect for international humanitarian law in this regard, among them an international political declaration on the issue.”

Actions to date (NZRC):

Engagement with Pacific nations on the Arms Trade Treaty (ATT) ratification;

  • NZ Government hosted a discussion for Pacific countries at the First Committee session at the UN General Assembly in New York in October 2016.
  • As a member of the Evaluation Committee for the ATT Voluntary Trust Fund, NZ Government promoted Pacific uptake in adopting and implementing the ATT.
  • NZ Government sponsored Palau to attend ATT 2nd Conference of States Parties and contribution to UNDP fund to support Pacific attendance at the Third Conference of States Parties to the ATT.
  • NZ Government funding and support to Pacific Capacity-Building Workshop on the ATT (Samoa, September 2016), including NZ-Palau hosted session on the CCM.
  • NZ Government funded Control Arms to provide a first draft ‘model export control list’ which has been distributed to Pacific Island countries.
  • NZ Government contribution of almost NZD100,000 to the ATT Voluntary Trust Fund for projects in Africa and the Pacific

Convention on Cluster Munitions (CCM)

  • Ongoing engagement as a member of the CCM coordination committee to promote universalisation of the CCM and its norms.

NZ Government continues to serve as national implementation measures coordinator for the CCM to promote universalisation and adherence to the CCM.  NZ continued to a recent workshop on ratification held in Uganda for Africa states, and attended a regional meeting on CCM in Bangkok for Southeast Asian states.

  • NZ Government condemned use of cluster munitions in statements in the UN Security Council and at the Sixth Meeting of States Parties in Geneva in August 2016.

Explosive Weapons in Populated Areas (EWIPA)

  • NZ Government representatives participate in the EWIPA core group in Geneva.
  • NZ Government engaged with EWIPA in UN General Assembly First Committee debate, and in side events on EWIPA during UN First Committee session.

NZRC has highlighted the issue of EWIPA on social media and at public events.

Actions to date (NZ Government):

  • NZ Government hosted a Pacific Conference on Conventional Weapons Treaties in February 2018 that included participants from Australia, Cook Islands, Federated States of Micronesia, Fiji, Kiribati, Nauru, New Zealand, Papua New Guinea, Palau, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu.
  • NZ Government contributed to the ATT Voluntary Trust Fund (for which New Zealand is an incoming chair). NZ Government also sponsored a specialist to visit selected Pacific states and provide education on the AT to increase membership and implementation of the Treaty.
  • New Zealand Parliament passed the Brokering (Weapons and Related Items) Controls Act 2018, which The Act regulates the brokering of weapons and related items and supports New Zealand’s commitments under the Arms Trade Treaty.
  • NZ Government representatives participate in the EWIPA Core Group in Geneva which tries to engage awareness on this issue.
  • NZ Government participated in a meeting in London on EWIPA in February 2018.
  • NZ Government engaged with EWIPA in UN General Assembly First Committee debate, and in side events on EWIPA during UN First Committee session. NZ Government provided a joint statement.
  • New Zealand provided voluntary funding to the International Criminal Court Trust Fund for Victims in 2018.

Key upcoming opportunities

  • NZRC input to discussions on model controls list in margins of C1?
  • As a member of the Evaluation Committee for the ATT Voluntary Trust Fund we will promote

Pacific uptake of assistance in adopting and implementing the ATT.

  • Meetings with the IPU and the ICRC to promote CCM and the ATT.
  • NZ references to EWIPA in UNGA C1 debate; NZ engagement in side events on EWIPA during C1.
  • NZ participation in future meetings to negotiate a political declaration on EWIPA (date TBC)

 

Proposed evaluation criteria

f. New Zealand continuing to consider acceding to the Convention for the Protection of All Persons from Enforced Disappearance, in accordance with its domestic processes, prior to the New Zealand’s third University Periodic Review.

NZG WHS commitments

NZ Government professional development of NZ Government staff and NZRC staff, volunteers and members on IHL, the emblem and Fundamental Principles

Actions to date:

  • The NZRC IHL Advisor has designed a module for delivery on request to NZRC/NZ Government staff and Red Cross members on IHL, Fundamental Principles and their underlying values to build a culture of non-violence and peace.

 

Proposed evaluation criteria

g. New Zealand’s continued engagement in initiatives intended to strengthen IHL protecting persons deprived of their liberty, and to strengthen compliance with IHL.

NZG WHS commitments

NZ Government and NZRC continuing to work on dissemination of IHL and humanitarian principles through innovative approaches, particularly for youth, and to specialist audiences such as tertiary students, journalists, members of parliament and Government representatives.

“New Zealand commits to use leverage and influence, including through the Security Council, to prevent and end any arbitrary withholding of consent to impartial humanitarian relief.

Actions to date (NZRC):

  • NZRC has developed a member-led and locally managed programme for secondary schools, called ‘Women and War’. This project relies on local members to deliver to local schools, promoting awareness of IHL and gendered impacts of conflict, as well as engagement in humanitarian concerns by young people.
  • NZRC has run six national IHL Moot Court Competitions since 2012 with support from government, universities and the legal profession.
  • NZ Government attendance at 4th Universal Meeting of National Committees and Similar Bodies on IHL in Geneva, December 2016.
  • NZ Government and NZRC Attendance at 4th Meeting of Commonwealth National IHL Committees (Swakopmund, June 2017)
  • NZ Government and NZRC advocated for IHL principles to be reflected in UN Security Council products, while also being a member of the UN Security Council 2015-16.
  • NZ Government, together with four other elected Security Council members, drafted Security Council Resolution 2286 on Healthcare in Armed Conflict, which was adopted by consensus in May 2016.
  • NZ Government advocated to strengthen IHL language in UN General Assembly and UN Economic and Social Council (ECOSOC) resolutions during the 71st General Assembly

Actions to date (NZ Government)

  • NZ Government and NZRC attendance at the 5th Meeting of Commonwealth National IHL Committees (Kigali, June 2019).
  • New Zealand government co-sponsored the Sixth Committee resolution on “Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts”.
  • UN General Assembly Sixth Committee statement on the Additional Protocols to the Geneva Conventions (2018).
  • NZ Government advocated for strengthening IHL language at the 72nd and 73rd UN General Assembly.

Key upcoming opportunities

  • ICRC-led discussions in GVA; UNSC membership; UNGA humanitarian resolutions

 

Proposed evaluation criteria

h. Further professional development of New Zealand Government staff and New Zealand Red Cross staff, volunteers and members on IHL, the emblem and the fundamental principles; and

i. New Zealand Government and New Zealand Red Cross continuing to work on dissemination of IHL and humanitarian principles through innovative approaches, particularly for youth, and to specialist audiences such as tertiary students, journalists, members of parliament and government representatives.

Actions to date (NZRC):

  • Module developed and piloted in National Office; delivered to local areas.
  • Ongoing engagement with NZRC staff and members through innovative workshops and introduction of webinar technology to improve the reach across New Zealand Service centres.
  • Revised materials for schools and support packages for the management and training trainers, in progress, pilot training the trainers completed in 2 areas; revisions in train based on pilots.

Actions to date (NZ Government):

  • Under the MFAT-NZRC Strategic Partnership 2018-2023 one of the core focus areas is on enhancing IHL in the Pacific and globally.

Key upcoming opportunities

  • IMPACT course 6-13 October. ANSIL half-day 29 Nov, IHL half-day 2 Dec, Global Conference IHL committees.

Implementation completion:

No
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