France 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. France regularly delivered statements throughout the consultations towards a Political Declaration suggesting that the focus should be on promoting International Humanitarian Law (IHL) as a sufficient existing framework and avoiding creating any new obligations.1 France also argued that the Declaration should not try to focus on categories of weapons independent of the way in which they are employed, rather it should try to distinguish between what France referred to as legal employments of weapons and those that are indiscriminate.2 At the consultations in 2020, France suggested that the Political Declaration should treat non-state actors as being on equal footing and should condemn use of human shields and any exploitation of presence of civilians and civilian objects.3 It also expressed that it is concerned only with the indiscriminate use of explosive weapons, not their indiscriminate effects.4
France echoed this position throughout the consultations, arguing that the Declaration should only address “indiscriminate use” of explosive weapons and should explicitly distinguish between the lawful and unlawful use of explosive weapons in populated areas, otherwise it would stigmatise explosive weapons generally. France supported the addition of qualifiers in the text to indicate that harm “can” potentially arise from the use of explosive weapons in populated areas5 and suggested including the caveat “where feasible and appropriate” in relation to the collection and sharing of data.6 At the final consultation in June 2022, France said it is convinced that strengthening cooperation, training, and exchange of know-how among states will lead to greater effectiveness of IHL.7 During the signing ceremony in Dublin in November 2022, France encouraged states to endorse the Political Declaration and to participate actively in the follow-up process. France also highlighted that the implementation of the Declaration will contribute to the evolution of operation procedures and practices of armed forces to minimize civilian harm, taking into account the urban environment and the circumstances of attack.8
Statements and positions
France has spoken on explosive weapons in populated areas at several UN Security Council open debates on the protection of civilians in armed conflict: in May 2017, France spoke about its use of explosive weapons in populated areas in contexts like Libya, Mali, and the Levant, insisting that their “very strict rules of engagement make possible the prevention of humanitarian consequences of our operations using explosive weapons in populated areas, in accordance with international humanitarian law.”9 More recently, in May 2023, France urged states to sign the Political Declaration10 a call it repeated during the UN General Assembly First Committee that same year.11
Alongside its individual statements, France has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. As a member of the European Union (EU), France has signed onto numerous joint statements condemning the use of explosive weapons in populated areas and the harms it causes to civilians and civilian objects, as well as calling for greater IHL compliance. This includes at several UN Security Council open debates on the Protection of Civilians in Armed Conflict12 and at the General Debate of UN General Assembly First Committee13, as well as at the 2022 UN Security Council open debate on War in Cities where the EU expressed concern over the indiscriminate use of explosive weapons in populated areas, including near hospitals, schools, and universities.14 The EU, with France signing on, has also repeatedly welcomed the Political Declaration on explosive weapons in populated areas – at the 2022 Dublin Conference, the 2022 and 2023 UN General Assembly First Committee (where it highlighted the work ahead for implementing the Declaration’s commitments), and at the 2023 UN Security Council open debate on the Protection of Civilians.
France also aligned with the World Humanitarian Summit Core Commitments to ‘Uphold the Norms that Safeguard Humanity’ as an EU member state in May 2016. This included the 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.”15
As a member of the Group of Friends on Protection of Civilians, France has supported statements at the UN Security Council stressing the importance of respecting IHL and the need to enhance the protection of civilians16, and as a member of the Group of Friends of Action on Conflict and Hunger, strongly welcomed the Political Declaration, called on other states to join it, and said that the Oslo Conference will provide a critical opportunity to make progress in implementing the Declaration.17