Security Council meeting 6066-Resu.1

The President

I give the floor to the representative of Switzerland.

Mr. Maurer (Switzerland)

I thank the delegation of France for having organized this debate and Under-Secretary-General John Holmes for his briefing this morning.

My country is grateful to the Office for the Coordination of Humanitarian Affairs (OCHA) and to other United Nations entities for their committed efforts in the area of civilian protection.

I should like to focus my statement on the following several points. First, the protection of civilians in armed conflict is a permanent necessity and requires the concerted action of many actors. The Emergency Relief Coordinator has rightly mentioned a number of specific situations that show the importance of having a conceptual framework that is clear but that is applied in a flexible manner. Our strategic objective must be to strengthen the protection framework and to ensure that it is actually implemented in conflicts on the ground.

Secondly, we appreciate the work undertaken by OCHA to update the aide-memoire. That very practical text illustrates the developments made in this area over the past few years. In terms of the work of the Council, we identify several major challenges. It must ensure that best practices are applied more systematically and that the language of protection is better integrated into country-specific resolutions. There must be further development of specific implementation mechanisms; hence the importance of the establishment of a group of experts on the protection of civilians. Resolutions should better reflect needs on the ground; this requires better articulation of protection mandates in the terms of engagement of peacekeeping operations, the enhancement of monitoring capacities, more systematic methods of information gathering and the integration of some of these activities into the budgets of peacekeeping operations.

Moving forward in that way, efforts to ensure better coherence will also need to be stepped up. Good practices learned in one case should be applied in others. Representatives from throughout the United Nations system and experts should be invited more frequently to present their views, thus enabling the Council to reach decisions fully aware of the facts.

Thirdly, the current situation in Gaza dramatically illustrates the importance of the issue we are discussing today. The main victims of the Israeli-Palestinian conflict are civilians. Switzerland is deeply shocked by the high number of civilians who have been killed or wounded, in particular the high number of children. This situation underlines how important it is that the law not go unheeded and that it be truly implemented. It also reminds us that the protection of civilians cannot be ensured by purely humanitarian means but that political negotiations are the only path to achieving lasting solutions.

Switzerland therefore reiterates its call for the immediate cessation of hostilities, the protection of the humanitarian space and the strict respect for international law by all parties to the conflict. This includes in particular the obligation to respect the principles of distinction, proportionality and the taking of precautions. Switzerland also wishes to recall that all the parties to the conflict are under the obligation to protect medical personnel, hospitals and other health facilities.

We welcome the call made by the Security Council in its resolution 1860 (2009) for an immediate ceasefire and for the unimpeded provision and distribution of humanitarian assistance throughout Gaza. This call must be respected immediately by all parties to the conflict. However, we are disappointed that the resolution makes no mention of the importance of respect for international humanitarian law. It is to be deeply regretted that this body of law and therefore its references to the Geneva Conventions have become the object of political negotiation and discretion. It is by insisting on the strict application of international humanitarian law in situations of armed conflict that the Council will be able to better protect civilians -- a fact that the Council itself underlined in its presidential statement of 27 May 2008 (S/PRST/2008/18).

Furthermore, last week Switzerland called for an impartial inquiry into the allegations of violations of international law committed during these hostilities, including the attacks on two schools run by the United Nations Relief and Works Agency for Palestine Refugees in the Near East. In this context, it is essential that light be shed on all allegations of violations committed by all parties.

Although our attention is currently turned towards the situation in Gaza, we should nevertheless not forget the other extremely worrying situations concerning the protection of civilians. We are thinking in particular of the Democratic Republic of the Congo, including in terms of children in situations of armed conflict. We are also thinking of the situation of internally displaced persons in Sri Lanka. We also remain extremely concerned by the situation in Darfur, where humanitarian access remains a problem.

Finally, we are well aware that the often complex realities of crisis situations demand considerable training, clarification of law when necessary, and the application of law in order to respond to realities on the ground. In this regard, following a meeting of experts held in July 2008, Switzerland is considering drafting a practical guide for humanitarian actors which would make explicit and clarify the relevant legal framework. The Council could give political support to this kind of expert work in implementing the recommendations of the aide-memoire.

The President

I now give the floor to the representative of Qatar.

Mr. Al-Nasser (Qatar)

The State of Qatar attaches great importance to the protection of civilians in armed conflict. I therefore thank you, Mr. President, for giving me the opportunity to participate in this important debate today. I would also like to thank Mr. John Holmes, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, for his important briefing.

The Security Council has clear responsibilities in the area of protecting civilians in armed conflict, including situations of foreign occupation, which are governed by the rules of international law. International humanitarian law, and international human rights law in particular, prohibit killing civilians and exposing them to harm. They also prohibit reprisals against civilians and civilian targets, including health and educational institutions, and the deliberate destruction of homes. These laws confirm that the wilful commission of such prohibited acts constitutes a war crime.

Despite the principles and provisions that represent legal safeguards for the protection of civilians in armed conflict, such conflicts are still claiming the lives of innocent civilians, whose fundamental rights and freedoms are being violated. The problem, therefore, lies in the non-implementation of international legal instruments and in the use of double standards in addressing various situations in which the international community has failed to enforce international laws and resolutions and to hold the perpetrators accountable before such laws. This in turn emboldens the perpetrators and gives them carte blanche to commit such acts.

Conversely, when the international community has been determined to enforce the laws necessary for the protection of civilians in times of armed conflict and to achieve that through existing mechanisms, it has succeeded on many occasions in fighting impunity, ensuring the protection of civilians and strengthening their human rights.

Today, the war on the Gaza Strip enters its nineteenth day. Palestinian civilians in Gaza are subject on a daily basis to relentless military attacks by Israel, the occupying Power. Such attacks do not discriminate between women, children, the elderly or people with disabilities.

In a speech delivered on 4 January 2009, His Highness Sheikh Hamad bin Khalifa Al-Thani, the Emir of the State of Qatar, called on the international community to undertake efforts for the protection and relief of Palestinians in the Gaza Strip. His Highness highlighted that the Israeli war machine targets everybody and does not discriminate among its victims. He also said that a war waged with such force against civilian targets cannot but constitute a war crime, as it clearly violates international humanitarian law and international human rights laws, including the Geneva Conventions, and in particular the Fourth Geneva Convention, which includes provisions on the protection of civilians under foreign occupation. The number of Palestinian civilian killed in Gaza Strip has almost reached 1,000. What are we going to do about it?

United Nations reports, including reports by the Office for the Coordination of Humanitarian Affairs and UNICEF, highlight the dire situation in which Palestinian children and their families are still living. Entire families have been killed and buried alive under the rubble of their homes. Those who have managed to survive suffer psychological trauma that will haunt them for the rest of their lives. Others have suffered serious injuries and have become mentally and physically disabled.

The Palestinian civilian population in the Gaza Strip is subjected to a campaign of collective punishment, as stated by Mr. Richard Falk, the Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. The infrastructure in Gaza, including hospitals and schools, is also under constant attack. The continuous targeting of such institutions leaves no safe areas for the civilian Palestinian population to shelter.

This situation prompted Her Highness Sheikha Mozah Bint Nasser Al-Missned, Consort of His Highness the Emir of Qatar, in her capacity as UNESCO Special Envoy for Basic and Higher Education, to address a letter to the Secretary-General on 5 January, calling upon the Security Council and the international community to ensure the necessary protection for educational institutions in Gaza with a view to providing a safe haven for the children of Gaza and their families, allowing access to humanitarian assistance and basic materials and evacuating the sick and the wounded.

The world has witnessed how Israel targeted the Al-Fakhura School run by the United Nations Relief and Works Agency for Palestine Refugees in the Near East. The school provided protection for the children of Gaza and their families, who took refuge in the premises, believing they were in a safe haven. Forty-five people were killed and another 130 were wounded.

We reiterate our call on the Security Council to shoulder its responsibilities, meet its obligations to protect civilians in armed conflict and ensure respect for the instruments of international law and Security Council resolutions, which provide the legal basis for the protection of civilians in armed conflict, including in situations of foreign occupation. The rule of law constitutes a fundamental issue in armed conflict. It is therefore imperative for us to realize that respect for international law constitutes the true basis for a world free of armed conflict.

The Security Council today, faced with the indiscriminate aggression against the Gaza Strip, must shoulder its responsibilities towards the Palestinian civilian victims, especially the Palestinian women and children who have been maimed, burned and buried under the rubble by the Israeli war machine, which has spared no one. We would like to remind the Security Council that it is fully responsible for its failure to enforce its most recent resolution, among several others that provide for the protection to which the afflicted Palestinian people are entitled, and to stop the massacre being committed against them.

The President

I now give the floor to the representative of Uruguay.

Mr. Cancela (Uruguay)

Allow me to begin by expressing my thanks to the delegation of France for convening this debate under its presidency. Allow me also to reiterate the importance of such meetings, which facilitate interaction between the Security Council and non-member States. I would also like to welcome the valuable briefing given this morning by the Under-Secretary-General for Humanitarian Affairs.

Ten years ago, this Council held its first open debate on the protection of civilians in armed conflict. At the time, it was hailed as a milestone in the Council's work. Since then, the work of both the Security Council and the United Nations as a whole has witnessed some advances and various difficulties in implementing policies intended to ensure the protection of civilian populations in armed conflicts.

As noted by the Secretary-General in his most recent report on this subject, within the Council the normative framework for the protection of civilian populations in armed conflict has been fine-tuned, beginning with resolutions 1265 (1999) and 1296 (2000). This has been reflected in the adoption of a number of resolutions that emphasize the protection of women and children in armed conflict and has been bolstered by the adoption of resolutions 1674 (2006) and 1738 (2006). That normative progress has been complemented by the inclusion of activities pertaining to the protection of civilians in the mandates of existing peacekeeping operations. That illustrates how the Council has gradually modified its focus on the protection of civilians in armed conflict.

Notwithstanding the progress made, Uruguay notes with particular concern that, despite the reduction in the number of conflicts throughout the world, as pointed out in the latest report of the Stockholm International Peace Research Institute, civilian populations continue to experience acts of brutality and degradation as a result of being in the wrong place at the wrong time or being deliberately selected as victims of atrocities in an environment of almost complete impunity. Unfortunately, in recent days we have witnessed the unfolding of actions whose result has been aggression against civilian populations and the obstruction of crucial humanitarian assistance to the victims of those actions.

Uruguay has demonstrated its unwavering commitment to international humanitarian law, as illustrated by our adherence to and implementation of all the Geneva Conventions of 1949 and their Additional Protocols; the Rome Statute, which established the International Criminal Court; The Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its Protocols' and the Convention on the Prohibition of Military or Any Other Hostile Use of Environmental Modification Techniques. All those instruments constitute the essence of international humanitarian law.

On the ground, Uruguay, one of the largest troop contributors to United Nations peacekeeping operations, has demonstrated its unequivocal commitment to the protection of civilians. In the various peacekeeping operations to which Uruguay has contributed, including those in which my country is currently participating, Uruguayan contingents have escorted and protected United Nations agencies, the International Committee of the Red Cross and non-governmental organizations providing humanitarian assistance. They have helped refugees and internally displaced persons return to their homes. They have neutralized the harmful potential to civilians of anti-personnel mines. Uruguayan military and civilian personnel have also initiated reconstruction efforts in countries devastated by conflict, including in the Democratic Republic of the Congo and Haiti. Uruguayan personnel deployed in the field have also carried out humanitarian campaigns to mitigate the harm suffered by civilians in countries afflicted by natural disasters.

Uruguay's experience on the ground has also led us to voice a crucial concern. On numerous occasions, Uruguayan contingents have warned of the impossibility of carrying out expanded humanitarian assistance and civilian protection efforts due to the fact that destabilizing forces in a given region were several times greater in number than the personnel of peacekeeping operations. We believe that such situations give rise to the need, at the time that a peacekeeping mission is established or renewed, for Security Council mandates to envisage the necessary strategic and logistical provisions to address the implementation of those tasks as best as possible. As pointed out earlier, in addition to clear and specific mandates, it is essential that United Nations forces have at their disposal the essential means and capabilities to effectively protect civilians. That imperative need is both a great challenge and a responsibility for the Organization and all its Member States.

Uruguay shares the Secretary-General's view with regard to the four challenges that the international community must address with regard to the protection of civilians, namely, the need to ensure access to civilians so that they can be provided the assistance they need to survive; combating and eradicating the heinous practice of sexual violence in armed conflict; the need to more systematically address the effects of conflict on homes, land and property; and the importance of putting an end to the unacceptable humanitarian consequences of cluster munitions. In connection with those challenges, Uruguay would like to reiterate its position, which we have previously stated in other forums, that the activities of the United Nations in providing humanitarian assistance must be carried out in accordance with the principles of humanity, neutrality, impartiality, independence, respect for international humanitarian law and security for personnel on the ground -- all the while bearing in mind that the primary responsibility for the protection of civilians lies with States.

The twentieth century witnessed atrocities and abhorrent acts of aggression against innocent civilians that had an impact on entire peoples. Sadly, the final years of that century and the early years of the twenty-first century have also produced events that have shaken and disturbed the conscience of the international community. Fortunately, the development of the international community has provided us with an excellent concept by which to make the world a more humane place. In accordance with the provisions of international humanitarian law, the protection of civilians is a legal imperative. However, it is also an ethical imperative that reflects the long evolution of humankind towards civilizing norms that place respect for life and human integrity and dignity at the core of its values.

Lastly, I would like to highlight that, on 27 January, the delegations of Uruguay and Australia will organize an open workshop to address the issue of implementing the protection of civilians in the mandates of peacekeeping operations. It will be an opportune moment to better define the concept of the protection of civilians as it contrasts with the concept of the responsibility to protect. It will also be an opportunity to analyze the challenges that must be kept in mind from a practical point of view in implementing the mandates of peacekeeping operations that include protection of civilian components, as well as to become aware of the experiences of the main troop contributors and of the Secretariat.

The President

I now give the floor to the Permanent Representative of Belgium.

Mr. Grauls (Belgium)

My delegation fully associates itself with the statement delivered by the representative of the Czech Republic on behalf of the European Union (EU). We would like to make a few observations based on our two years of experience on the Security Council.

We listened with great interest to the statement made by Mr. Holmes. He gave us a briefing that very clearly illustrates that there is still much progress to be made in the area of the protection of civilians.

International humanitarian law is not observed in the course of hostilities in numerous conflicts. The current situation in Gaza is a strikingly tragic illustration of that. Civilians are forgotten when Hamas utilizes residential buildings, schools and hospitals to fire from and uses the civilians around them as human shields. Civilians are equally forgotten, however, when the Israeli army places its military goals above strict adherence to international humanitarian law. The civilian population is thereby twice victimized. In that regard, we call for the immediate implementation of resolution 1860 (2008).

The horrors of numerous wars prompted the international community to develop humanitarian law as we know it today, including with regard to the protection of civilians in conflict situations. Likewise, the mass atrocities committed against civilian populations, even in non-conflict situations, have led to the emergence of the idea of the responsibility to protect. Belgium cherishes that concept, which was adopted by the General Assembly in 2005, for it emphasizes the duty of each State to protect its population against the clearly identified ultimate crimes of genocide, war crimes, ethnic cleansing and crimes against humanity.

As the body responsible for maintaining international peace and security, the Security Council has adopted civilian protection as an objective, as established by humanitarian law. The Council must also now integrate fully the notion of the responsibility to protect into its work. It already does so in a number of ways: by instituting good offices missions, fighting impunity, combating the use of child soldiers and through the Peacebuilding Commission. The Council did so recently on 22 December in resolution 1857 (2008), which revised the mandate of the United Nations Organization Mission in the Democratic Republic of the Congo. The Council could have done so even more resolutely and with greater conviction, given the extreme gravity of the crimes it seeks to prevent and that such crimes are firmly identified in international penal law. My country will continue to advocate to that end and to encourage our Organization to establish the early warning instruments and rapid response mechanisms vital to avoiding more mass atrocities.

Belgium welcomes today's scheduled adoption of a presidential statement complemented by an update of the aide-memoire on the protection of civilians. This document remains a significant reference point for the Council's daily work. In this context, we also wish to welcome the eminent establishment of a group of experts which, on a relatively informal basis, will discuss aspects related to protection of civilians in each mandate up for renewal by the Council. This will contribute to creating a more systematic approach to the aspects related to the protection of civilians.

Finally, we believe that combating impunity is a vital factor of the protection of civilians. The Council must also make a contribution thereto through its different instruments, such as its sanctions committees. The Security Council and its sanctions regimes must do a better job of shouldering their responsibilities by punishing such phenomena as sexual violence or the recruitment of and serious violence done to children.

The President

I now give the floor to the Permanent Representative of the United Arab Emirates.

Mr. Al-Jarman (United Arab Emirates)

At the outset, I would like to congratulate you, Mr. President, on your assumption of the presidency of the Security Council for this month.

Today, we meet once again to consider the subject of the protection of civilians in armed conflict. It is a matter of great concern, that in spite of the important progress achieved by the international community since the middle of the last century in developing international law mechanisms to promote the principle of the protection of civilians and to determine criminal responsibility for massacres committed against thousands of civilians in armed conflicts, we continue to witness new and tragic forms of genocide, war crimes and crimes against humanity. Such forms include wilful killing, rape, the confiscation and destruction of properties, forcible displacement and other acts of intimidation, which constitute flagrant violations of international law and international humanitarian law. These acts, which include attacks on humanitarian and media personnel with complete impunity, are committed and used by warring parties as a tool for exerting maximum political pressure to achieve their goals in areas of conflict at the expense of the security and safety of innocent civilians.

We believe that the reason such violations persist is due not to the incapacity of the almost fully integrated legal and humanitarian framework established by the United Nations and represented in international legal instruments on this issue -- including the Fourth Geneva Convention of 1949 and its two Additional Protocols of 1977 and the resolutions and presidential statements issued by the Security Council on the protection of civilians -- but lies rather in the non-compliance of some states parties with their respective obligations under these instruments and the selective approach in their implementation in some areas of conflict.

It is deeply regrettable that we for 19 days have witnessed a vivid example of the contempt of some States for the resolutions of this Council and the exercise of double standards and selectivity in their implementation. Israel is pursuing its barbaric military assaults against the population of Gaza for the sixth day after the Security Council adopted resolution 1860 (2009), which calls for an immediate and permanent ceasefire and a full withdrawal of Israeli forces from Gaza. In its paragraph 5, it also condemns in plain language all violence and hostilities directed against civilians.

Despite the adoption of this resolution, Israel has continued to commit war crimes against the Palestinian people in Gaza by bombarding civilian areas with internationally banned weapons, using excessive force and imposing severe collective punishments against unarmed civilians, including through siege, the closure of crossing points and the obstruction of humanitarian assistance, in flagrant violation of the principles of human rights and relevant international resolutions and laws.

What is happening in Gaza Strip is testimony to the serious impact of the international community's failure to implement the resolutions of international legitimacy and the selectivity of their implementation, and to its inability to shoulder its responsibilities and legal commitments in the protection of innocent civilians during conflicts. The death toll among the Palestinian people has so far surpassed 1,000 people, 40 per cent of whom are women and children, and does not account for the missing persons and those suffering from serious injuries and physical and mental disabilities, whose numbers have exceeded 4,000, half of whom are children and women. Their numbers are increasing daily.

The United Arab Emirates supports international efforts to find a solution to the Palestinian question through peaceful means, including the Arab Peace Initiative and the Annapolis Understanding, and urges the international community, and the Security Council in particular, to revisit the implementation standards relating to the protection of civilians when it considers the situation in existing armed conflicts, in accordance with its resolution 1674 (2006), which recognizes the primary responsibility of conflicting parties for protecting civilians in armed conflicts, as well as the shared responsibility of the international community as a whole to assist States to shoulder their responsibility in this regard.

In this context, we affirm the importance of the following.

First, pressure must be exerted on Israel to comply with the provisions of resolution 1860 (2009). It must immediately cease its aggression against the Palestinian civilian population, fully withdraw from Gaza and open all crossing points in order to allow for the delivery of humanitarian aid and to alleviate the dire humanitarian crisis being faced by Palestinian people.

Secondly, the international community must exert pressure on Israel to resume peace negotiations, given that the present crisis has shown the need to expedite a serious and peaceful negotiating process. It must also require Israel, the occupying Power, to shoulder its responsibility and honour its previous agreements and commitments, which would contribute to establishing an independent Palestinian State as soon as possible.

Thirdly, an international commission of inquiry must be established to investigate the war crimes committed by Israel against civilians in Gaza and to prosecute those responsible in accordance with the resolutions of international legitimacy, the latest of which is the resolution adopted by the Human Rights Council.

Here, we would like to reaffirm the importance of strengthening the international role that the Security Council must play in collaboration with specialized departments and committees established by the Secretariat, the General Assembly, the Economic and Social Council and the Human Rights Council, particularly in taking effective, swift and decisive action to prevent the suffering of civilians in conflict areas. That includes providing a safe and secure environment for civilians in armed conflicts, which, under the Charter of the United Nations, is one of the Security Council's priority tasks in maintaining international peace and security and in building peace.

In that connection, we emphasize the need to develop methods for monitoring acts committed against civilians during armed conflicts and the need for measures to be taken to persuade all countries and parties to conflicts throughout the world to fulfil their commitment not to target civilians and to protect their lives, property and legitimate interests without applying double standards, bearing in mind the need to fully respect the sovereignty of States and the principle of non-interference in their internal affairs.

The President

I now call on the Permanent Observer of Palestine.

Mr. Mansour (Palestine)

Palestine welcomes this open Security Council debate on the protection of civilians in armed conflict. We firmly share the belief that the protection of civilians in armed conflict is a matter of immense importance and that the Council's attention to that issue is both appropriate and necessary. We hope that the Council will continue to address the issue in an effective manner until the serious protection of civilians in armed conflict is ensured in all cases, without selectivity or inaction based on political considerations.

For Palestine, today's debate is especially timely. For the nineteenth day now, Israel, the occupying Power, has continued with impunity to unleash its military wrath on the defenceless population of the Gaza Strip, killing nearly 1,000 Palestinians, including more than 400 children and women, and injuring nearly 5,000. Those who were killed not only were trapped, traumatized and terrorized along with the 1.5 million other inhabitants there, but also were denied the protection accorded to civilian persons under international law. In the light of that, the Palestinian people and their leadership -- especially our people in Gaza -- continue to call upon the international community to provide much-needed and long overdue protection for the civilian population and for measures to be swiftly taken in that regard to prevent the loss of more innocent lives.

As the Palestinian civilian population continues to be subjected to Israel's indiscriminate, excessive and disproportionate use of force by means of tanks, F-16s, helicopters and other heavy weapons, including white phosphorous shells and dense inert metal explosive bombs, the profound human suffering continues to mount, as the people of Gaza have nowhere to run and nowhere to seek refuge. Moreover, among countless other violations, the occupying Power has attacked medical workers and clearly marked ambulances, wantonly destroyed public and civilian infrastructure and institutions, targeted United Nations schools and buildings, denied access to medical treatment for the sick or wounded, and used Palestinian civilians as human shields, all the while continuously denying an entire population their most basic rights, including the right to food and water.

Clearly, international law forbids such brutality. Humanitarian and human rights law prohibits, inter alia, the killing and bodily injury of civilians, reprisals against civilians and civilian objects, the wanton destruction of homes and other civilian property, and the collective punishment of civilians. Such actions, wilfully perpetrated, constitute war crimes.

The belief that the occupying Power has in fact committed war crimes is also being reported by several human rights organizations now working on the ground in Gaza. In that regard, the appeal by the United Nations High Commissioner for Human Rights and by the Human Rights Council, in its resolution dated 12 January 2009, for an independent investigation of crimes committed by Israel, the occupying Power, in Gaza is important and should be acted upon. We would also like to recall the suggestion made by Secretary-General in his latest report on civilians in armed conflict (S/2007/643), in which he stated that, in situations where parties to a conflict commit systematic and widespread breaches of international humanitarian and human rights law and thereby create the threat of genocide, crimes against humanity and war crimes, the Council should be willing to intervene under Chapter VII of the Charter.

Here, we would like to recall resolution 1860 (2009), adopted less than a week ago, which, among many other important provisions, calls urgently for an immediate, durable and fully respected ceasefire and for the unimpeded provision and distribution throughout Gaza of humanitarian assistance, including food, fuel and medical treatment. Of course, the ceasefire that the Security Council called for was intended to lead to a total withdrawal of Israeli forces from Gaza.

Unfortunately, Israel continues to ignore the resolution adopted by the Council, pressing on with its military aggression against the Gaza Strip and even intensifying it over the past couple of days. We call on the Council to compel Israel to heed the calls of the Council, in accordance with its obligations as an occupying Power under the Fourth Geneva Convention and its obligations under the United Nations Charter as a State Member of the United Nations.

Moreover, we call on the Security Council and all concerned parties to make the necessary efforts and work to ensure the effective implementation of the resolution in order to bring an end to all military activities and violence; to address the serious humanitarian and economic needs of the Palestinian civilian population in the Gaza Strip, who for too long have been under Israel's inhumane siege; and to help the parties return from the precipice to which this crisis has brought us and back to the path of peace.

In addition to the massive carnage against the Palestinian people in Gaza, the civilian population there continues to suffer from unlawful measures of collective punishment being imposed on them by the occupying Power. The situation before the Israeli assault in Gaza was already dire owing to Israel's inhumane 19-month siege, by which it deliberately obstructed humanitarian access and the movement of persons -- including sick persons needing treatment unavailable in Gaza -- and of all goods, including the most essential, such as food and medical and fuel supplies. All aspects of life were severely impacted, with poverty, hunger, disease and instability rising to alarming levels, particularly among the refugee population and children -- who constitute nearly 56 per cent of the population -- exacerbating the humanitarian crisis to catastrophic proportions.

Protecting civilians in situations of foreign occupation must be a priority mission of the United Nations, and the Security Council has clear responsibilities in that regard. Regrettably, the international community's failure to hold Israel accountable for its violations and crimes over the past four decades has reinforced Israel's lawlessness, permitting it to continue using military force and collective punishment against the defenceless Palestinian people under its occupation and, in essence, absolving it of its legal obligations as an occupying Power.

As Israel continues to breach its legal obligations towards the Palestinian civilian population, the Security Council, if it cannot compel Israel to abide by the law, has a duty to determine and undertake appropriate measures to protect the civilian population. Respect must be demanded for the instruments of international law that are supposed to provide the Palestinian civilian population with protection from human rights violations and crimes committed under occupation.

It should be recalled that the basis and guiding principles for the protection of civilians in armed conflict are embodied in the rules of international law, particularly humanitarian law and human rights law. The need to protect civilians, promote their welfare and safeguard their human dignity is at the core of the spirit and purpose of these laws. Protection provisions can be found in many instruments of law, including the Geneva Conventions -- particularly the Fourth Geneva Convention, which comprises provisions explicitly aimed at ensuring the safety of civilians in armed conflict, including specific provisions for civilians under foreign occupation -- the Additional Protocols, the Human Rights Covenants, the Rome Statute of the International Criminal Court and United Nations resolutions.

We have the legal instruments and tools that are required, and we know what actions need to be taken to ensure the protection of civilians in armed conflict. We are convinced that the international community has no choice but to make progress and create a different and safer situation than that faced today by civilians not only in Palestine but everywhere else affected by armed conflict.

Before closing, we would like to commend the work of many United Nations bodies, including the Office of the High Commissioner of Human Rights, the Human Rights Council, the High Commissioner for Refugees, the Office for the Coordination of Humanitarian Affairs, the Special Representative of the Secretary-General for Children and Armed Conflict, UNICEF and the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), as well as the work of many international humanitarian organizations that have worked tirelessly to launch initiatives and programmes to ensure the protection of civilians in armed conflict. We continue to support and encourage their work in this field.

Mr. Sorcar (Bangladesh)

I thank you, Mr. President, for convening this important meeting. My delegation commends the Under-Secretary-General, Mr. John Holmes, for his comprehensive briefing this morning.

Civilians continue to suffer the brunt of violence during armed conflicts. Civilians have become the primary target of attacks that are often motivated by ethnic or religious hatred, political confrontation or simply the ruthless desire of the perpetrators to attack a member of an opposing group. These civilians are displaced from their homes and are often denied access to life-saving food, medicine and shelter. It is against this backdrop that the States Members of the Organization pledged in the Millennium Declaration "to expand and strengthen the protection of civilians in complex emergencies".

The Council has been discussing this important issue for nearly a decade and has adopted many resolutions and heard strong and relevant statements by delegates. However, ironically, a large number of civilians continue to be exposed to the atrocities of conflict. My delegation urges all parties to conflicts to ensure protection of the lives and property of civilians. The Council should also strengthen its efforts to prevent, resolve and reduce armed conflicts, pursuant to its primary responsibility to maintain international peace and security.

My delegation condemns all violations of international humanitarian and human rights law and stresses the need to combat impunity, safeguard access for humanitarian assistance and protect the safety of humanitarian aid workers.

We are appalled by the scale and intensity of the devastation and the deaths of innocent Palestinians, including women and children, caused by the indiscriminate and excessive use of force in the Israeli military operations in the Gaza Strip. It is disconcerting to see that even humanitarian workers are being killed by the Israeli attackers. The ongoing attacks, in continued defiance of the Council's call for a complete ceasefire, are contributing to continued civilian casualties.

My delegation wishes to draw the international community's attention to the fact that Israel, as a signatory to the relevant provisions of the Fourth Geneva Convention, which stipulates the responsibilities of an occupying Power, cannot legally or morally absolve itself of its responsibilities for guaranteeing the basic human rights of the people under its occupation. In this regard, my delegation would like to re-emphasize the importance of the principle of the responsibility to protect, as endorsed in the 2005 World Summit Outcome, in preventing harm to civilians in armed conflict.

The vulnerable situation of civilians in post-conflict societies needs special attention. Long after guns have fallen silent, such people remain traumatized and permanently scarred by the brutalities of war. For peace to be sustained, they must be rehabilitated and reintegrated into their communities more effectively, and the perpetrators must bear the resultant cost. The Peacebuilding Commission should also include this issue in its agenda whenever it takes up a country-specific configuration.

Finally, we would like to mention what my delegation considers two overarching themes for the protection of civilians in armed conflict. The first relates to prevention and the building of a culture of peace. Prevention is at the heart of protection. The preventive capacity of the Organization must be enhanced. At the same time, Member States need to take steps to inculcate the values of peace, tolerance and harmony that contribute to long-term prevention.

The second theme is that of coordination among all stakeholders. We believe that the protection of civilians Is the primary justification for a United Nations presence in the field. However, various political, humanitarian, military and development components of United Nations missions in the field lack an integrated focus on the protection of civilians. Indeed, protection should be one of the main mandates of any United Nations mission in the field, whether it be a peacekeeping, political or peacebuilding mission. Work should begin on crafting clear guidelines for effective coordination, particularly among the Office for the Coordination of Humanitarian Affairs, the Office of the United Nations High Commissioner for Refugees, the Department of Peacekeeping Operations (DPKO), and the Department of Political Affairs (DPA).

In conclusion, my delegation once again expresses its grave concern over the deteriorating humanitarian situation caused by the ongoing Israeli attacks in and around the Gaza Strip. Israel must comply with resolution 1860 (2009). My delegation strongly urges the international community, particularly the Council, to take effective steps to ensure implementation of that resolution and thereby bring about a complete ceasefire in the Gaza Strip forthwith.

Mr. Tanin (Afghanistan)

Mr. President, allow me to congratulate you on your assumption of the presidency of the Security Council for this first month of the new year. In addition, Sir, I thank you for convening this debate on the protection of civilians in armed conflict, an issue which should never be far from our attention. Here, at the beginning of a new year, let us renew our conviction that no civilian anywhere should bear the costs of war.

As we speak, our thoughts are with the thousands of men, women and children who have been killed and who have suffered in Gaza in the last 19 days. Civilians have been largely affected by this conflict, and the brutality continues. We call for an immediate ceasefire, as requested in resolution 1860 (2009). This conflict must end now.

In Afghanistan as well, a new wave of violence is destroying the lives of innocent civilians. More than 2,100 civilians died in 2008 alone. Women, men, students, teachers, aid workers, farmers, tribal leaders and clergy are all victims. The issue of civilian casualties strikes at the heart of Afghanistan.

In the past few years, the Taliban, Al-Qaida and other terrorist elements have embraced tactics that target civilians with increasing deadliness. In 2008, terrorists accounted for the majority of civilian casualties. The numbers of victims of the terrorists are sobering. In 2008 alone, at least 250 civilians were executed, and an additional 725, or more, were killed by suicide attacks or by improvised explosive devices (IEDs). This targeting of civilians by the Taliban has accomplished several terrible objectives.

First, the terrorists have demonstrated their complete disregard for the sanctity of human life. Suicide bombs kill more civilians than military personnel. The Taliban regularly abduct, torture and execute civilians, particularly targeting Afghans and foreigners who are perceived to be cooperating with, or receiving services from, the Government or the international community. They behead doctors, teachers, clergy and tribal leaders, recruit children as suicide bombers and spray acid in the face of schoolgirls. Taliban harm to civilians and the creation of an environment of distrust and fear impede the ability of the Afghan Government and the international community to deliver services to the people who need them most.

Secondly, the Taliban are using civilians as human shields, hiding in towns and villages and using men, women and children as cover for attacks on Government and international forces. As a result, over 60 per cent of civilian casualties have occurred in the south and east of the country, where the Taliban and Al-Qaida are most active.

Unfortunately, many civilians have also suffered and lost their lives during counter-terrorist operations. This is a matter of grave concern for the Government of Afghanistan. His Excellency President Karzai has recently and repeatedly raised concerns and has asked the international forces to find ways to prevent civilian deaths. Our Government believes that we need to work together with the international community in a spirit of open dialogue and cooperation to find a workable framework in which to address this problem, and we are discussing the issue with our partners. NATO and American-led forces have already introduced new strategies aimed at minimizing civilian casualties, and we have seen some positive results. However, any life is precious, and as a Government we have a particular responsibility to safeguard the lives of our citizens and not rest until every Afghan is safe.

To decrease the harm to the Afghan people, there are three measures for us to consider. The first is to avoid tactics that cause significant unintentional civilian deaths. Air strikes in particular result in enormous casualties among innocent people. We must minimize reliance on those methods of warfare. The second measure is to work more in cooperation with the Government of Afghanistan and with law enforcement on the ground. Home searches and detention practices should operate within the guidelines set out in the Afghan Constitution. The Afghan national army and police should assume responsibility for home searches. Thirdly, we encourage the international forces to operate with greater cultural sensitivity. In conducting searches and arrests, they should avoid heavy-handed tactics and operate with respect and minimal force. And where civilian casualties do occur, there should be apologies and accountability.

With the increasing violence of the Taliban, it has become even more imperative that the Afghan Government and the international community work together to effectively eliminate terrorism. The terrorists are responsible for the large majority of civilian casualties, but the Government of Afghanistan and the international forces bear a heavier burden: we must provide security and protection to the people who need it. Our energies must be channelled collectively to prove to the Afghan people that we consider their welfare to be central to the endeavour for peace and stability in the country.

The President

I now give the floor to the representative of Kuwait.

Mr. Bu Dhhair (Kuwait)

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