Report on Pledge – Ethical foundation of IHL and its further development

Actions taken:

The Holy See wishes to provide a follow-up to the implementation of this pledge.
a) In this regard, the Holy See, through its Dicastery for Promoting Integral Human Development, has organized an International Course for the Formation of Catholic Military Chaplains in International Humanitarian Law on 13 February 2024. The theme of the Course was “The Protection of Humanitarian Workers, Civil Religious Personnel and Places of Worship in the Context of Armed Conflicts, Especially Those Involving Armed Non State Actors”. It was attended by military ordinariate bishops, religious personnel from different countries experiencing (or having recently experienced) armed conflicts and humanitarian crises, representatives of the International Committee of the Red Cross and Red Crescent, and representatives of civil society and academia. The aim of the course, which was held in blended format, was to explore the role that military chaplains can play in bridging the existing gap between reality and the law in reference to the protection of humanitarian workers, civil religious personnel, and places of worship. The course also aimed to raise awareness of the need for military personnel to consider the principle of humanity in the many moments when they are called upon to make difficult decisions (for example, whether or not to attack a building). While such decisions undoubtedly have a tactical or strategic component, they are, first and foremost, ethical decisions.
b) In addition to this Course, His Holiness Pope Francis has repeatedly raised awareness of the need to ensure the respect of the International Humanitarian Law. In particular, the protection of civilians and of places of worship in the midst of different conflict situations. The Holy See has consequently made appeals to the parties to the conflict. Moreover, Pope Francis, in view of the painful situations, has urged the international community to do everything possible to facilitate humanitarian assistance to the civilian population during these emergencies. Among the most relevant issues raised by Pope Francis are the following: free access to humanitarian aid, protection of civilians, release of hostages, exchange or release of prisoners of war, protection of hospitals and places of worship.
c) As a further way of implementing this pledge, the Holy See has, on several other occasions and in various meetings held at the United Nations, promoted greater awareness of the ethical foundations of IHL, including by recalling the importance and validity of the Martens Clause. Furthermore, Holy See officials have raised the issue of the protection of humanitarian workers, civil religious personnel, and places of worship in their discussions with concerned State and non-State actors.
d) Among other things, the Holy See has also actively participated in the negotiations leading to the adoption of the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences arising from the Use of Explosive Weapons in Populated Areas (Dublin, 18 November 2022) and has endorsed it. The Holy See has promoted a greater awareness of the ethical foundations of IHL and has on several occasions expressed its deep concern about the use of explosive weapons in populated areas, urging a shift from the paradigm of “collateral damage” to that of “intended protection” and to truly minimize, or, better still, avoid the loss of innocent human life. It is worth noting that, during the negotiations on the aforementioned Political Declaration, the Holy See requested and strongly supported the inclusion of references to places of worship and hospitals in the list of buildings affected by the use of explosive weapons in populated areas and asked that they be given due protection in accordance with IHL.

Implementation completion:

Yes