Cuba has not yet endorsed the Political Declaration on the use of explosive weapons in populated areas (explosive weapons in populated areas).
It did, however, participate in the negotiations towards a Political Declaration. In 2020, commenting on a draft of key elements for the declaration, Cuba emphasised that the Political Declaration should be in line with the UN Charter, particularly in that it should recognise “legitimate defence” for crimes of aggression, referencing UN Charter article 51, and respect sovereign equality, non-interference with internal affairs of states, and self-determination. Cuba also noted that the use of explosive weapons in populated areas is prohibited by International Humanitarian Law (IHL) and cannot possibly meet IHL principles, and expressed concern that, in Cuba’s view, the draft elements paper appeared to indicate that such use is possible and can be justified.
Cuba focused on the importance of states reiterating their commitments to enforcing IHL to prevent the use of explosive weapons in populated areas and emphasised that the Political Declaration must not weaken IHL by being selective in references or abbreviating or restating IHL. Cuba insisted that states should be the first to avoid use of explosive weapons in populated areas, but non-state actors should also be prevented from obtaining or using explosive weapons of any kind. Consequently, Cuba also called for the document to mention arms producers, saying that they bear clear responsibility for use of explosive weapons in populated areas.1