Brazil was actively involved in the process to develop a Political Declaration on the use of explosive weapons in populated areas, and was among the first group of states to endorse the Political Declaration in Dublin in November 2022. In the first informal consultations on the declaration in November 2019, Brazil delivered a joint statement with seven other Latin American and Caribbean states. In this statement, states delineated key elements of a Political Declaration on explosive weapons in populated areas including: acknowledgement of the likely humanitarian consequences of the use of explosive weapons of wide area effects in populated areas; a commitment to avoid use of such weapons in populated areas and to develop military operational policies and procedures in this regard and identify, develop and exchange best practices; promote greater compliance with international humanitarian and human rights law; commit states to enable secure and sustainable humanitarian access; recognize the rights of victims and affected communities; encourage collection of disaggregated data; strengthen cooperation and partnerships with international organizations and civil society organizations to draw upon their relevant expertise and support.1 During the signing ceremony in Dublin in November 2022, Brazil expressed support for the political declaration and its commitments and stressed the importance of documenting civilian harm including as a means to assess whether the predicted casualties of military operations correspond to the damage actually caused.2
Statements and positions
Brazil has spoken on EWIPA in several multilateral forums. At the January 2022 UN Security Council open debate on War in Cities, Brazil noted the Political Declaration and said that it should establish common standards, promote policies to minimise risk of civilian harm, and facilitate exchange of good practice. It argued the declaration provides a good opportunity to promote compliance with international humanitarian law (IHL) and recognise the rights of victims and affected communities.3 At the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict in May 2023, Brazil spoke about “the indiscriminate use of explosive weapons in urban and other densely populated areas” 4 and during the UN General Assembly First Committee in 2023, Brazil also condemned “the series of bombings and ground attacks carried out in Israel from the Gaza Strip.”5
Alongside its individual statements, Brazil has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. With 22 other Latin American and Caribbean states, Brazil participated in the Santiago Regional Meeting on Protecting Civilians from the Use of Explosive Weapons in Populated Areas in 2018, resulting in the Santiago Communiqué in which the participating states agreed to take further action on the issue 6. In 2018 and 2019, Brazil joined some 50 and 71 states respectively to endorse joint statements on the use of explosive weapons in populated areas at the UN General Assembly First Committee, calling attention to the devastating and long-lasting humanitarian impact of the use of explosive weapons in populated areas and urging states to reverse the trend of high levels of civilian harm 7.
As a member of the Group of Friends on Protection of Civilians, Brazil has supported statements at the UN Security Council stressing the importance of respecting IHL and the need to enhance the protection of civilians 8. Brazil also aligned with the World Humanitarian Summit Core Commitments to ‘Uphold the Norms that Safeguard Humanity’, including a commitment “to promote and enhance the protection of civilians and civilian objects, especially in the conduct of hostilities, for instance by working to prevent civilian harm resulting from the use of wide-area explosive weapons in populated areas, and by sparing civilian infrastructure from military use in the conduct of military operations.” 9