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Bella]

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15

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2019-08-13

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2019-08-13

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un-security-council

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1. “However, as States and as members of the Security Council, in a State-centric system like ours, members are the ones with control. Members are the ones to be the agents of change. They have the immense privilege of being able to act with consequences for ensuring better respect for the Geneva Conventions and guaranteeing their respect for the sake of our common humanity. We scholars, students, humanitarians and, of course, victims count on the Council because we are all in this together.”

   2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

2. “In her acceptance speech for the Nobel Prize in Literature, Toni Morrison emphasized the importance of language "partly as a system, partly as a living thing, over which one has control, but mostly as an agency, as an act with consequences". In 1949, the language of the Geneva Conventions laid the foundation for an innovative and courageous legal system. As a lawyer, I of course believe in the power of the law. But so do humanitarians, who take immense risks to alleviate the suffering of others. So do students and scholars who discuss for hours the significance of a particular treaty provision. And so do States and the Security Council when debating and adopting resolutions on the protection of health care and the rights of children, women and persons with disabilities in armed conflict.”

   2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

3. “While consensus has not yet been reached, all States reaffirmed that international humanitarian law remains the appropriate international legal framework for regulating the conduct of parties to armed conflict and reiterated their willingness to work towards improving its implementation. At the international level, mechanisms such as the Universal Periodic Review have proved to be feasible for matters as sensitive politically as respect for human rights norms. Recognizing the benefits of peer pressure remains an interesting way forward to better the overall system of international humanitarian law protection. Allow me to conclude my remarks by quoting a novelist whose words were also of universal reach and who just left us last week.”

   2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

4. “Even fiercer are the evaluations by one's own students on any possible aspect of one's teaching skills. It is by no means agreeable to read about one's limitations or one's weaknesses in the elaboration of an argument and capacity to convince. But the beauty of peer reviews is that they always lead to a better final product, one that is more pertinent and meaningfully contributes to the general debate. Since the 32nd International Conference of the Red Cross and Red Crescent Movement, States have tried to find ways to strengthen respect for international humanitarian law.”

   2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

5. “I will not repeat the content of that debate here, except to say that labelling any kind of non-State actors as "terrorist" groups obviously limits the possibility of humanitarian engagement with those actors. But, more generally, experts tend to agree that it is also important to consider armed non-State actors not only as perpetrators of violations of international law, but also as actors who can at times play a positive role in the implementation of international humanitarian law, if only because they are often very close to their constituencies. I now turn to my third and final point, on recognizing the benefits of peer pressure. Evaluation among peers is a well-known process in the scientific community. Any article will always be peer-reviewed before publication in a scientific journal.”

   2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

6. “However, how armed non-State actors understand international humanitarian norms, how they value them and to what extent they have the necessary capacity actually to implement those norms are issues that have been neglected by the international community. Academic and policy research has shown that, if one strives for better implementation of international humanitarian law, humanitarian norms must be reflected in the local norms and values of armed groups. In other words, it is important to increase their ownership of international law. The Council held a briefing in May on the impact of counter-terrorism legislation on international humanitarian law and humanitarian action (see S/PV.8534).”

   2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

7. “It has long been long recognized by humanitarian actors and international organizations, including the United Nations, that engaging armed non-State actors on compliance with international norms is a critical element in any effort to strengthen the protection of civilians. According to a recent study, at least five different United Nations organs and agencies have drafted policies or guidelines on engagement with armed non-State actors: the Office for the Coordination of Humanitarian Affairs, the Department of Peace Operations, the Secretary-General, UNICEF and the Office of the United Nations High Commissioner for Refugees.”

   2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

8. “But it is not the object and purpose of international humanitarian law to evaluate the legality or legitimacy of the resort to armed violence by any party to an armed conflict, be it a State or a non-State actor. What matters is the protection of civilians and those who have laid down their arms. The Geneva Conventions, their Protocols Additional and customary international humanitarian law have evolved to address and regulate the behaviour of armed non-State actors. It is today uncontroversial that organized armed groups are bound by international humanitarian law, including on norms pertaining to the conduct of hostilities.”

   2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

9. “Therefore, out of the 33 countries that receive funding from the Peacebuilding Fund, at least II are in a situation of armed conflict to which international humanitarian law is applicable. As a way to implement common article 1, one could imagine some kind of conditionality between the behaviour of the parties to the conflict and the financial aid they may receive through the Fund, of course without prejudicing the civilian population. Let now continue with my second point. According to the latest figures, the majority of armed conflicts have, for several years now, been of a non-international character - that is, they involve armed non-State actors. The existence of such actors is often a symptom of deeper societal issues.”

   2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

10. “Creating new ways to implement international humanitarian law using existing mechanisms is possible. It is well known that the financial and economic rebuilding of a country coming out of conflict can lead to more sustainable peace and benefit the reconstruction of society. The United Nations Peacebuilding Fund, for example, precisely aims, and I quote from its website, at providing "for a more sustained engagement in support of countries emerging from conflict and [supporting] peacebuilding activities that directly contribute to post-conflict stabilization". The Fund, however, is also available as an immediate response facility, typically for countries that are within five years of conflict or have a significant risk of relapsing into conflict. In those situations, international humanitarian law often remains applicable.”

    2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

11. “For example, on 15 April, the World Health Organization (WHO) denounced the violation of international humanitarian law in the context of the fighting between the different parties to the armed conflict in Libya, in which 147 people died and more than 600 were injured, among them medical personnel, in a single day. That call to respect international humanitarian law by an institution for which international humanitarian law is not necessarily the primary mandate is interesting, even more so when we know that the words "international humanitarian law" and "armed conflict" are not mentioned once in the WHO Constitution. To me, that is a sign that the global international community feels the need to be more involved in the implementation of humanitarian norms, and I believe that is a good thing. There is no need to reinvent the wheel.”

    2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

12. “It also deeply impacts the mental and physical health of all those facing such traumatizing events, hampering their potential to build a solid future in the aftermath of a conflict. Under such circumstances, no institution can afford to work in isolation. Other bodies of law, such as human rights or refugee law, are obviously relevant, but so too are the norms pertaining to human, economic and social development. Because international humanitarian law may remain applicable for a long period in a given situation, there is a need to mainstream international humanitarian law in all pertinent legal systems and build bridges between implementing institutions to create efficient, coordinated and more integrated responses to prolonged situations of violence. To a certain extent, that is already being done.”

    2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

13. “I will therefore structure my remarks around common article land develop three specific points to illustrate the idea that we are all in this together: first, the protracted nature of contemporary armed conflicts and the value of mainstreaming international humanitarian law; secondly, the prevalence of non-international armed conflicts and the need to increase ownership of humanitarian norms among armed non-State actors; and, thirdly, recognizing the benefits of peer pressure. Let me start with my first point. One unfortunate feature of contemporary armed conflicts is their protracted nature. As such, they have long-term consequences on civilians, who are unable to live their lives normally, often for decades.”

    2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

14. “To put it in more prosaic terms - again, speaking to students - I often say that common article I, which requires respect for international humanitarian law, is an everlasting reminder of the central value underpinning any legal system, that our common humanity must be the measure of all things and that we need to ensure respect for international humanitarian law because, ultimately, we are all in this together.”

    2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source

15. “Ms. Bella]: First of all, on behalf of the Geneva Academy of International Humanitarian Law and Human Rights, I would like to thank the Security Council for having invited me to share with the Council some thoughts on this important anniversary - from the perspective of not only a scholar and practitioner of international humanitarian law but of one who teaches it to future generations. Younger generations use Twitter intensively. Therefore, before coming here, I tweeted to ask them what they thought was the key message I should convey to the Council today. One message was mentioned repeatedly: the importance of common article 1 to the four Geneva Conventions and the obligations therein to respect, and to ensure respect for, the Conventions in all circumstances.”

    2019-08-13 · UN Security Council · Security Council, S/PV.8596 (2019) · source