Germany 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. Germany regularly delivered statements throughout the consultations towards a Political Declaration1, as well as raising concerns around explosive weapons in populated areas and expressing support for a Political Declaration in other multilateral forums. Early in the consultation process Germany highlighted the importance of developing and sharing military policies and good practices – in military doctrines, tactical instructions, rules of engagement, the testing and development of new weapons, education, and other measures—to enhance protection of civilians and compliance with international humanitarian law (IHL).2
These were repeated themes throughout Germany’s statements to the negotiations, which also emphasised the need for the Declaration to condemn violations of IHL (at times suggesting that indiscriminate and therefore non-IHL-compliant use of explosive weapons in populated areas was the primary cause of civilian harm) and to accurately reflect the role of non-state actors in causing civilian harm as well as their responsibilities. Alongside France and the UK, Germany submitted a joint statement to the consultations delineating key elements they would like to see reflected in a Political Declaration, namely consideration of non-state actors and a clear distinction between the legitimate use of explosive weapons in populated areas in specific conflict situations and indiscriminate use that breaches IHL. 3 Throughout the consultations, Germany was also vocal in calling for victim assistance4 and for further work to understand the meaning of direct, indirect and reverberating effects of explosive weapons in populated areas as well as how to effectively take these into account when conducting a military operation.5
Statements and positions
Germany has frequently spoken on explosive weapons in populated areas in multilateral forums, primarily to condemn the harms caused to civilians and call for action to better protect civilians from harm, including through greater adherence to IHL. For example, at the 2019 UN Security Council open debate on the Protection of Civilians in Armed Conflict, Germany stressed the need to draw “red lines” on explosive weapons in populated areas, flagging the Germany-initiated series of “explosive weapons in populated areas Talks” held in Geneva in 2018 6 that brought together military practitioners, diplomats, and humanitarian actors to discuss best military practices to minimise civilian casualties in urban theatres of conflict.7 For the past decade, Germany has also repeatedly raised concerns over explosive weapons in populated areas in UN Security Council open debates on Children in Armed Conflict 8 and more recently at the general debates of the UN General Assembly First Committee where in 20229 and 202310, Germany welcomed the successful completion of the Political Declaration and encouraged states to actively engage in its follow-up process to mitigate the humanitarian consequences from the use of explosive weapons in populated areas. Similarly, at the 2022 Meeting of the CCW High Contracting Parties in November 2022, Germany expressed hope that the Declaration would be supported by a large number of states.
Alongside its individual statements, Germany has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. As a member of the European Union (EU), Germany 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 Conflict 11 and at the General Debate of UN General Assembly First Committee12, 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.13 The EU, with Germany 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.
Germany 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.” 14
As a member of the Group of Friends on Protection of Civilians, Germany has supported statements at the UN Security Council stressing the importance of respecting IHL and the need to enhance the protection of civilians from the effects of explosive weapons in populated areas 15, 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.16 In 2018 and 2019, Germany 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.17