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Instrument of defense of human rights or interference, the responsibility to protect divides the General Assembly

GENERAL ASSEMBLY PLENARYSEVENTY-SIXTH SESSION, 88TH MEETING – MORNINGThe General Assembly this morning concluded its debate, which began yesterday, on the item entitled “The responsibility to protect and the prevention of genocide, war crimes, ethnic c...

GENERAL ASSEMBLY PLENARY

SEVENTY-SIXTH SESSION, 88TH MEETING – MORNING

The General Assembly this morning concluded its debate, which began yesterday, on the item entitled “The responsibility to protect and the prevention of genocide, war crimes, ethnic cleansing and crimes against humanity”. As a sign of the controversy that has surrounded this commitment since 2005, around fifteen delegations have taken the podium to deem the measures put in place to institutionalize this concept insufficient or, on the contrary, to denounce an “instrument of interference in the internal affairs” of States. .

States have all pledged to protect the rights of children, both in times of peace and in situations of armed conflict. However, globally, more than 100,000 children have been killed or maimed since 2005, and more than 93,000 children have been recruited and used by parties to armed conflicts, can we read in the dedicated report of the Secretary general which, this year, gives priority to children and young people.

“How many more will have to be killed or injured before we take effective action? launched the United States. “The geopolitical landscape that is currently emerging is proof that insufficient measures have been taken to mitigate these heinous crimes committed against girls, boys and adults”, added the delegate of the Sovereign Order of Malta. Concretely, Ukraine questioned the absence in the aforementioned report of the consequences of the war waged by the Russian Federation against Ukraine where at least 324 children were killed and 593 injured. In turn, Myanmar, after having drawn up an indictment against the junta which “deliberately” attacks its population, said it was frustrated by the “unsatisfactory” response from the international community.

When we fail in our collective duty to prevent atrocities, we must ensure accountability, including through the International Criminal Court (ICC) and transitional justice mechanisms, Ireland said. A position dismantled by the Russian Federation for which the concept of the responsibility to protect was designed to promote the “geopolitical aims of Western states”.

THE RESPONSIBILITY TO PROTECT AND THE PREVENTION OF GENOCIDE, WAR CRIMES, ETHNIC CLEANSING AND CRIMES AGAINST HUMANITY – REPORT OF THE SECRETARY-GENERAL ( A/76/844 )

Continuation of the debate on the question

Declarations

Mr HAROLD ADLAI AGYEMAN (Ghana) said that children are more at risk in conflict today than at any other time in history, when they make up nearly 40% of people displaced by conflict and violence in the world. Conflicts deprive children of basic rights such as education and access to health care, often on the basis of their race, religion, ethnicity or nationality, he noted. , while their interests are barely taken into account by policy makers. In order to reduce these risks, the representative advocated for the full implementation of the Convention on the Rights of the Child as well as other international instruments. Corruption, poverty, socio-economic exclusion and the youth bulge, combined with high unemployment rates, are drivers of conflict and atrocity crimes that can only be mitigated through structural change. To this end, Ghana continues its efforts to implement the responsibility to protect through legislative and institutional means.

Mr JULIAN SIMCOCK (United States) painted a grim picture of the situation of children in armed conflict, which had killed or maimed more than 100,000 of them since 2005, in addition to the 93,000 children illegally recruited or used in as child soldiers. Countless children remain vulnerable to rape and sexual violence, he said. “How many more will have to be killed or injured before we take effective action? We haven’t done enough. The United States, the delegate assured, remains committed to protecting children from the impact of conflict, as demonstrated by efforts in the Security Council to elevate and better integrate the agenda on children and armed conflict into the work of the Council.

He urged Member States to do their utmost to implement the seven priorities listed by the Secretary-General in this year’s report, and to leverage, in particular, peace education and the prevention of atrocities. . In most conflict-affected countries, children make up the majority of the population, the delegate noted. When we work collectively to protect them, we not only save lives, we also safeguard our future. He concluded by denouncing the mass atrocities that have been committed by the Russian Federation against civilians in Ukraine and reiterated the United States’ call on the international community to take collective action against Russia in order to put an end to it.

Mr ANGELITO AYONG NAYAN (Philippines) said that his country had enacted a law on the special protection of children in armed conflict which reaffirmed that children were “zones of peace” and that they could not be recruited into the armed forces. government or be allowed to participate in an armed conflict. This text reminds us that children must be treated as victims and not as enemies. Under this law, communities are required to preserve the peaceful nature of children. The law also prohibits attacks on schools, hospitals, places of worship, children’s development centers or day care centers, playgrounds and amusement parks.

The representative wanted the application of the principle of responsibility to protect to strictly respect the parameters of the 2005 Summit Outcome Document and the Charter of the United Nations. This principle cannot be politicized and justify foreign interventions. The assessment of possible failures in the implementation of the principle must be impartial and based on evidence, without double standards or hidden agendas. Mutual trust and respect for national sovereignty are essential to advance the seven priority actions of protecting children and young people from atrocity crimes, the representative insisted.

Ms. SARAH GOLDIE WEISS (Israel) stressed the importance of ensuring that all civilians, especially children, benefit from adequate protection. Unfortunately, she said, Israel faces terrorist groups, such as Iran’s Hezbollah in the north and Hamas in the south, which “knowingly” endanger civilians on a daily basis in their modus operandi. The delegate denounced a “cynical advertisement designed to obtain the sympathy and support of the international community”. Using Lebanese and Palestinian civilians, including children, as human shields, these terrorist groups target Israeli civilians, especially children. Given these challenges,

Mr. AHMED FAHMY ABDELGAYED SHAHIN (Egypt) considered it necessary to continue international efforts to reach consensus on the conceptual framework of the responsibility to protect before integrating it into the United Nations system. He stressed the importance of applying the principle of accountability for atrocity crimes and violations of international humanitarian law. In order to enable countries to assume these responsibilities, he called on the United Nations to help build the capacities of Member States. Food insecurity, poverty, environmental degradation and prejudice are all risk factors that we must combat in order to prevent such atrocities, the representative continued.

Mr. OMAR HILALE (Morocco) advocated the establishment of a prevention program to move forward with the concept of the responsibility to protect. Indeed, he continued, no Member State or region can consider itself immune from the risk of atrocity crimes, hence the importance, according to him, of putting in place a solid institutional architecture at the level national. This is useful not only for defending the rule of law, democracy, respect for freedoms, but particularly for promoting and respecting human rights and ensuring peace and security. Morocco, the representative said, firmly believes that a commitment to gender equality is essential to ensuring the national design of the responsibility to protect agenda and to prevent all forms of violation. Finally,

Ms. GABRIELA LILIÁN GONZÁLEZ HERNÁNDEZ (Uruguay) called on the Security Council to address situations of potential atrocities as soon as possible. She also stressed the importance of the work of the Human Rights Council and its mechanisms, including the Universal Periodic Review (UPR), as well as the technical assistance provided by the Office of the High Commissioner for Human Rights. man, who, in his view, play an essential role in early warning and the detection of factors that could lead to mass atrocities. For her, the Security Council must do more and put in place effective measures to protect the civilian population and prevent crime. Peacekeeping missions are one of the most effective tools for prevention and protection of civilians, she added.

Mr. JONATHAN DAVID PASSMOOR (South Africa) reaffirmed his country’s attachment to the instruments for promoting and implementing the “responsibility to protect”.

South Africa appreciates the inclusive nature of the Secretary-General’s report which identifies several concrete actions that can be taken not only to prevent these crimes against children and young people, but also to include young people in the process of conflict prevention and building peace and placing them at the center of atrocity prevention. The delegate also welcomed that the report recognizes that the African Union has begun to act inclusively towards the role of youth through the African Youth Charter, the Continental Youth Framework, the peace and security of the African Union.

South Africa, as a member of the Global Network on the Responsibility to Protect and the Peacebuilding Commission, as well as the Group of Friends on Security Sector Reform, will continue to use these platforms to promote and prioritize negotiations, the use of good offices, mediation, arbitration and other peaceful means to address all challenges faced by countries affected by conflict.

Ms. CÉLINE PIERRE FABRE (Haiti) welcomed the Secretary-General’s call on States and their partners to address the factors that put children and young people at risk of being targeted for criminal violence. She considered that significant progress had been made since the adoption of the principle of the responsibility to protect in 2005, but, she added, “the challenges still remain enormous”. For its part, Haiti faces multiple challenges, including gang violence and deteriorating security. This situation is characterized by cases of kidnapping followed by sequestration which affect all social strata and all groups of society. Women and girls, from the age of 5, are particularly exposed to sexual violence, including rape and sexual slavery, noted Ms. Pierre Fabre, although men and boys are also affected. Despite the efforts of the Haitian authorities to fully ensure the protection of the population, the situation remains critical. It is in this perspective that the Haitian Minister for Foreign Affairs, Mr. Jean Victor Généus, during his recent declaration before the Security Council, stressed that it is urgent that the National Police of Haiti receive, “within the next few days, not in the weeks or months to come”, strong support from international partners to put an end to this unacceptable situation. In conclusion, the representative stressed the importance of ensuring equitable access to education in order to reduce the vulnerability of children and young people to atrocity crimes,

Mr KYAW MOE TUN (Myanmar) reaffirmed that States had the primary responsibility to protect their populations from mass crimes, with the support of the international community. In his view, the three pillars of prevention, international assistance and collective response are mutually reinforcing. His country’s ruling junta has committed widespread and systematic atrocities against the civilian population since the 2021 military coup, the representative blasted, adding what the UN Independent Investigative Mechanism for Myanmar says in his preliminary analysis that crimes against humanity have probably been committed. Despite mounting evidence of atrocities, the junta continues to act with impunity. “The deteriorating crisis in Myanmar is not a situation where the national authority fails to protect its people. It is rather a situation where the army deliberately attacks its people to control them by sowing terror and fear,” the representative continued, regretting that accountability is currently impossible. He said he was frustrated by “the unsatisfactory response from the international community”. The Security Council has a responsibility to protect Myanmar’s civilian population, especially women and children, from further atrocities, continued the representative, before reiterating his support for the code of conduct on the use of the right to veto to the Board drawn up by the ACT Group (Accountability, Coherence and Transparency Group). It is rather a situation where the army deliberately attacks its people to control them by sowing terror and fear,” the representative continued, regretting that accountability is currently impossible. He said he was frustrated by “the unsatisfactory response from the international community”. The Security Council has a responsibility to protect Myanmar’s civilian population, especially women and children, from further atrocities, continued the representative, before reiterating his support for the code of conduct on the use of the right to veto to the Council drawn up by the ACT Group (Accountability, Coherence and Transparency Group). It is rather a situation where the army deliberately attacks its people to control them by sowing terror and fear,” the representative continued, regretting that accountability is currently impossible. He said he was frustrated by “the unsatisfactory response from the international community”. The Security Council has a responsibility to protect Myanmar’s civilian population, especially women and children, from further atrocities, continued the representative, before reiterating his support for the code of conduct on the use of the right to veto to the Council drawn up by the ACT Group (Accountability, Coherence and Transparency Group). regretting that accountability is currently impossible. He said he was frustrated by “the unsatisfactory response from the international community”. The Security Council has a responsibility to protect Myanmar’s civilian population, especially women and children, from further atrocities, continued the representative, before reiterating his support for the code of conduct on the use of the right to veto to the Council drawn up by the ACT Group (Accountability, Coherence and Transparency Group). regretting that accountability is currently impossible. He said he was frustrated by “the unsatisfactory response from the international community”. The Security Council has a responsibility to protect Myanmar’s civilian population, especially women and children, from further atrocities, continued the representative, before reiterating his support for the code of conduct on the use of the right to veto to the Council drawn up by the ACT Group (Accountability, Coherence and Transparency Group).

Ms SHARON LENNON (Ireland) stressed that atrocity crimes have a direct impact on the mental health and development of children and young people. To prevent them, she advocated prevention through investments in inclusive education, the creation of early warning mechanisms and the establishment of institutions sensitive to the needs of children and young people. When we fail in our collective duty to prevent atrocities, we must ensure accountability, including through the International Criminal Court (ICC) and transitional justice mechanisms, the representative concluded, not forgetting to express its support for the Franco-Mexican initiative on the exercise of the right of veto in the Security Council.

Mr. GENNADY V. KUZMIN (Russian Federation) criticized the use of the concept of the responsibility to protect as an “instrument of interference in the internal affairs of States” or to change “undesirable regimes”. According to proponents of this concept, the 2005 World Summit Outcome gave States the primary responsibility to protect while the international community was given a supporting role. We were also assured, the delegate recalled, that the coercive measures were extreme measures requiring a decision by the Security Council based on Chapter VII of the United Nations Charter. “All of this soothing rhetoric has been completely discredited by subsequent events,” the delegate stormed. According to him, the reference to the responsibility to protect was a pretext for an unprovoked armed aggression by Western countries in 2011 against Libya. “This concept was designed to promote the geopolitical aims of Western states,” he insisted. The US-led NATO coalition interpreted the provisions of the Security Council resolution on the introduction of a no-fly zone as a ‘carte blanche’ to launch a carpet bomb on Libya , destroying the statehood of this once prosperous country and plunging its people into civil war. To date, no one has accurately calculated the human toll that Libya has suffered as a result of the application of this concept. No one has described the horrific crimes suffered by its citizens. No one has brought their perpetrators to justice! The International Criminal Court (ICC), after having been seized of the Libyan file by the Security Council, hastened to build a case against the leader of the time, Muammar Gaddafi, but there was no investigation into his brutal murder. The catastrophic consequences of the practical application of this concept in Libya have not been properly appreciated by the international community, the delegate analyzed. He argued that the responsibility to protect is not an international legal institution. This is just “political decor”, a “reissue of the famous concept of humanitarian intervention” that Western countries actively used from the 1960s to the 1990s of the last century in flagrant violation of their obligations under of the Charter. after being seized of the Libyan file by the Security Council, hastened to build a case against the leader of the time, Muammar Gaddafi, but there was no investigation into his brutal murder. The catastrophic consequences of the practical application of this concept in Libya have not been properly appreciated by the international community, the delegate analyzed. He argued that the responsibility to protect is not an international legal institution. This is just “political decor”, a “reissue of the famous concept of humanitarian intervention” that Western countries actively used from the 1960s to the 1990s of the last century in flagrant violation of their obligations under of the Charter. after being seized of the Libyan file by the Security Council, hastened to build a case against the leader of the time, Muammar Gaddafi, but there was no investigation into his brutal murder. The catastrophic consequences of the practical application of this concept in Libya have not been properly appreciated by the international community, the delegate analyzed. He argued that the responsibility to protect is not an international legal institution. This is just “political decor”, a “reissue of the famous concept of humanitarian intervention” that Western countries actively used from the 1960s to the 1990s of the last century in flagrant violation of their obligations under of the Charter. was quick to build a case against then-leader Muammar Gaddafi, but there has been no investigation into his brutal murder. The catastrophic consequences of the practical application of this concept in Libya have not been properly appreciated by the international community, the delegate analyzed. He argued that the responsibility to protect is not an international legal institution. This is just “political decor”, a “reissue of the famous concept of humanitarian intervention” that Western countries actively used from the 1960s to the 1990s of the last century in flagrant violation of their obligations under of the Charter. was quick to build a case against then-leader Muammar Gaddafi, but there has been no investigation into his brutal murder. The catastrophic consequences of the practical application of this concept in Libya have not been properly appreciated by the international community, the delegate analyzed. He argued that the responsibility to protect is not an international legal institution. This is just “political decor”, a “reissue of the famous concept of humanitarian intervention” that Western countries actively used from the 1960s to the 1990s of the last century in flagrant violation of their obligations under of the Charter. The catastrophic consequences of the practical application of this concept in Libya have not been properly appreciated by the international community, the delegate analyzed. He argued that the responsibility to protect is not an international legal institution. This is just “political decor”, a “reissue of the famous concept of humanitarian intervention” that Western countries actively used from the 1960s to the 1990s of the last century in flagrant violation of their obligations under of the Charter. The catastrophic consequences of the practical application of this concept in Libya have not been properly appreciated by the international community, the delegate analyzed. He argued that the responsibility to protect is not an international legal institution. This is just “political decor”, a “reissue of the famous concept of humanitarian intervention” that Western countries actively used from the 1960s to the 1990s of the last century in flagrant violation of their obligations under of the Charter.

Mr. AHMED KAMIL RHAIF ALBU-MOHAMMED (Iraq) noted that many mass atrocities had been committed since the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide, seeing it as a failure of the international community. We must adopt legislative mechanisms and concrete practices to remedy this and show that the responsibility to protect is fully implemented for young people and children, argued the delegate. He commended the efforts of stakeholders to support victims and ensure accountability for atrocity crimes committed by Daesh and other terrorist organizations.

Mr SERHII DVORNYK (Ukraine) denounced the aggression of the Russian forces against his country which, as he saw today, continue to raze Ukrainian towns and villages. The number of civilian and military casualties in Ukraine is increasing every day. Children are part of this tragic list, he lamented. At least 324 Ukrainian children have been killed by Russia and 593 have been injured. These crimes are imprescriptible, insisted the delegate, saying he was extremely concerned about the fate of Ukrainians who were forcibly transferred to Russia. As Russia itself admitted, more than a million Ukrainian citizens were transferred to different regions of Russia, including more than 234,000 children. Several thousand of them are orphans or deprived of parental care, he reported. In this regard, his delegation strongly condemned Russia’s decision to simplify the procedure for obtaining Russian citizenship for Ukrainian orphans or children deprived of parental care. “This decision grossly violates the Fourth Geneva Convention. Given the amount of data verified, including by the United Nations, the representative regretted that the Secretary-General’s 2022 report on the responsibility to protect, which highlights the impact of atrocities on children and young people, does not cover not directly the consequences of the war waged by Russia against Ukraine. Yet, he wondered, the collection of accurate, timely and reliable information on grave human rights violations perpetrated against children is clearly a key indicator of the Responsibility to Protect mandate.

Mr. PAUL BERESFORD-HILL, of the Sovereign Military Order of Malta, considered it relevant to examine the concept of the responsibility to protect, giving particular priority to children and young people. Progress and fruitful dialogue have taken place, he said, but if we really want to tackle the threats of genocide, war crimes, ethnic cleansing and crimes against humanity, we must prove it by guaranteeing the role of intergovernmental organizations and NGOs in the promotion and defense of fundamental human rights at international and governmental levels. “The current geopolitical landscape is proof that not enough action has been taken to mitigate these heinous crimes against girls, boys and adults. Future generations are already facing an uncertain future due to the misuse of the planet’s resources, he lamented. We must act quickly to protect and support them in the fight against such atrocities.

Right of reply

The Islamic Republic of Iran denounced the words of the “occupying regime” and expressed its condolences to the family and friends of Shireen Abu Akleh, killed by Israeli soldiers. The “occupying regime” has lied to the international community for too long to distract from its murders in Palestine and elsewhere in the Middle East. It is time for supporters of the responsibility to protect to take concrete action to stop the atrocities in Palestine.

Rejecting the term “occupying regime”, Israel asked to be referred to by name in the General Assembly.

Source: UN General Assembly

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