What's In Blue

Posted Sun 25 Aug 2024

Informal Visit to Geneva by Members of the Security Council

At Switzerland’s invitation, members of the Security Council are visiting Geneva today and tomorrow (25 and 26 August) to mark the 75th anniversary of the 1949 Geneva Conventions. According to a concept note prepared by Switzerland, the objective of this informal visit is to give member states, particularly those on the Security Council, an opportunity to reaffirm the ongoing importance of international humanitarian law (IHL) and to take collective political action to uphold the principles outlined in the Geneva Conventions. Additionally, the visit seeks to reinforce the cooperation between New York and Geneva, as well as to allow Council members to engage with Geneva-based experts who specialise in data collection and analysis and technological innovation on issues relating to conflict prevention. Fourteen Security Council members have joined the trip.

Background

The four Geneva Conventions of 1949 and their additional protocols contain rules designed to protect civilians and those who can no longer engage in conflict, such as wounded and sick soldiers and prisoners of war. The Fourth Geneva Convention focuses on civilians and includes detailed provisions on their treatment, status, and rights. It also includes rules relating to humanitarian access, which are frequently referred to in contemporary discussions on the protection of civilians.

All four Geneva Conventions contain an identical Article 3, which applies to non-international armed conflicts and prohibits various acts against individuals not actively participating in hostilities. Among these prohibited acts are violence to life and person, the taking of hostages, and any outrages upon personal dignity, particularly humiliating and degrading treatment.

The concept note prepared by Switzerland says that despite the evolution of IHL to address changes in warfare, violations continue to result in severe humanitarian consequences. It argues that these breaches occur not because of inadequacies in the legal rules but due to the deliberate choices by conflict parties to ignore them, leading to human suffering and undermining the rule of law. In this regard, the concept note maintains that ensuring accountability is crucial for upholding IHL, deterring future breaches, and delivering justice to victims.

The Security Council’s normative role in promoting key principles underpinning IHL is highlighted in a 2024 policy brief by the Office for the Coordination of Humanitarian Affairs (OCHA). This brief says that the Council has consistently integrated protection language into country-specific resolutions, including in the mandates of peace operations, most of which are called upon “to investigate, monitor, analyse and report on IHL and IHRL [international human rights law] violations and abuses”. It adds that the most common protection of civilians-related listing criteria for Security Council-authorised sanctions “relate to violations of IHL and IHRL abuses”.

The Council’s pronouncements notwithstanding, OCHA offers a grim assessment of the status of the protection of civilians in armed conflict, finding that “the existing gap between the growing normative framework and the realities experienced by civilians in conflict-affected contexts across the world has remained, if not widened, in the past five years”.

In recent years, difficult Council dynamics on several issues—including Ukraine, the war between Israel and Hamas, Myanmar, and Sudan—have hindered effective Council action to uphold IHL and protect civilians. (For more information, see the In Hindsight in our August 2024 Monthly Forecast, titled “The Geneva Conventions at 75: Much Work to be Done”, and listen to our 21 August podcast episode.)

Informal Visit

On 12 July, Council members discussed the 75th anniversary of the Geneva Conventions under “any other business”, at Switzerland’s request. After the meeting, Switzerland decided to arrange an informal visit to Geneva for Security Council members. Unlike official visiting missions, which require unanimous agreement among Council members and are funded by the UN, informal visits are typically initiated by a specific member state or group, with the organising or participating countries covering the costs. (The most recent informal visit of Council members was to the Rafah crossing that connects Gaza to Egypt, which former Council member the United Arab Emirates organised on 11 December 2023.) Additionally, official visiting missions require consensus on the terms of reference and are followed by a briefing and a report prepared by the UN Secretariat.

Switzerland invited all Security Council members to participate in the visit, and 14 members accepted the invitation. Of these, eight are represented by their permanent representatives to the UN: Algeria, Ecuador, Guyana, Japan, Malta, Mozambique, Sierra Leone, and Switzerland. The remaining six—China, France, the Republic of Korea (ROK), Slovenia, the US, and the UK—are represented by their deputy permanent representatives. Russia declined to attend.

During a 20 August press stakeout, Russian First Deputy Permanent Representative to the UN Dmitry Polyanskiy said that Russia opted not to participate in the visit, considering it a less effective use of resources, time, and funds. He emphasised that the Council has other pressing priorities and suggested that a visiting mission to a more critical area might be more fitting.

The informal visit follows press elements agreed upon by all Council members concerning the situation of humanitarian personnel worldwide. On August 19, coinciding with World Humanitarian Day, Council members held discussions on the situation of humanitarian personnel under “any other business”, at the request of Slovenia and Switzerland. In the press elements adopted after the meeting, Council members highlighted the ongoing challenges and risks faced by humanitarian personnel, lamenting that 2023 was the deadliest year on record for aid workers, and reiterated the obligations of states and conflict parties to comply fully with IHL, including the need to respect and protect humanitarian workers.

The informal visit of Security Council members organised by Switzerland provides an opportunity to reflect on how the norms and values embodied by the Geneva Conventions can be implemented in today’s difficult environment. The visit’s programme aims to facilitate both formal and informal interactions among key stakeholders, with a focus on reinforcing the collective commitment to IHL and exploring innovative approaches to preventing security risks and protecting civilians in the 21st century.

Activities will begin this afternoon (25 August), with a guided tour of Geneva’s old town, titled the “humanitarian trail”, which is intended to provide participants with historical insights into Geneva’s significant humanitarian legacy. This tour will include a visit to the historical Alabama Room, where, among other things, the first Geneva Convention was signed, followed by an informal exchange with Florence Anselmo, Head of the Central Tracing Agency of the International Committee of the Red Cross (ICRC).

The formal programme will begin tomorrow (26 August). The first substantive session will be a panel discussion, co-hosted by the foreign ministries of Sierra Leone (which serves as August’s Council president) and Switzerland, titled “75 Years of Geneva Conventions: A Renewed Commitment to Upholding International Humanitarian Law”. Welcoming and opening remarks will be delivered by Sierra Leone’s Minister of Foreign Affairs and International Cooperation Timothy Musa Kabba and Head of the Federal Department of Foreign Affairs of Switzerland Ignazio Cassis, respectively. ICRC President Mirjana Spoljaric Egger will deliver the keynote address, setting the stage for discussions on how IHL remains relevant and essential. Several panellists, including legal and academic figures such as Cordula Droege, Chief Legal Officer and Head of the Legal Division of the ICRC; Andrew Clapham, Professor of International Law at the Geneva Graduate Institute; and Idriss Mounir Lallali, Acting Director of the African Centre for the Study and Research on Terrorism, will discuss issues such as ensuring the safety of humanitarian personnel and humanitarian access to civilians in need and the challenges of implementing IHL in modern conflicts, particularly in counter-terrorism settings. The discussion, which will be broadcast on UNTV, will be moderated by Emma O’Leary, Head of the Humanitarian Policy Unit of the Norwegian Refugee Council (NRC).

The afternoon programme will shift focus to “Preventing Emerging Security Risks through Innovation, Science, and Technology”, and will be organised in three sessions moderated by Swiss State Secretary Alexandre Fasel. The first session will explore the use of satellite technologies, data, and imagery, as well as early warning systems in addressing climate-related security risks. Presentations from the UN Satellite Centre (UNOSAT) and the World Meteorological Organization (WMO) will show how data is being used in geographic areas of concern to the Security Council. The second session, led by the UN Environment Programme (UNEP), a member of the UN Climate Security Mechanism, and the International Federation of Red Cross and Red Crescent Societies (IFRC), will discuss how integrated environmental and socio-economic data analysis can inform preventive policies and programming. The session will highlight tools to enhance preparedness and the relevance of these tools to the Security Council and humanitarian actors. The third and final segment will focus on the importance of anticipating the impact of science and technology on future conflicts. Representatives from the Geneva Science and Diplomacy Anticipator (GESDA) will present insights from their work and highlight trends that may shape future international peace and security landscapes.

The afternoon programme builds on the Arria-formula meeting organised by Switzerland on 17 May, titled “Unlocking the Potential of Science for Peace and Security”. (For more information, see our 16 May What’s in Blue story.)

On 21 August, Sierra Leone, Slovenia, and Switzerland—which hold successive Council presidencies from August through October—held a joint press stakeout in which they announced shared commitments related to conflict prevention. These commitments aim to advance implementation of the UN Secretary-General’s New Agenda for Peace and to build momentum for discussions on conflict prevention ahead of the anticipated adoption of the Pact for the Future in September.

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