Luxembourg 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.
Luxembourg made a written submission to the March 2021 consultation suggesting revisions to the draft Political Declaration including: the inclusion of “education” along with healthcare as essential services; the replacement of the term “urban warfare” with “armed conflict in populated areas” in Sections 1 and 4,; the replacement of the word “restricting” to “minimising” the use of explosive weapons on section 3; and that meetings to review the implementation of the Declaration should be organised regularly on a voluntary and informal basis with civil society organisations, instead of “on a regular basis” as suggested in the original draft.1 During the fourth consultation in April 2022, Luxembourg praised the commitment to collect and share information. It also reiterated that the Declaration is not an end in itself, but a step aimed at protecting civilians better in armed conflicts under all circumstances.2 Luxembourg reiterated this at the signing ceremony in Dublin in November 2022, when it also commended the work of the UN, ICRC and civil society in the process of the Political Declaration.3
Statements and positions
Luxembourg has frequently spoken on explosive weapons in populated areas in multilateral forums. In 2013, at the UN Security Council open debate on the protection of civilians in armed conflict, Luxembourg condemned the use of explosive weapons in densely populated areas4 and in 2016, it highlighted the impact of those weapons on schools and hospitals.5 At the January 2022 UN Security Council open debate on war in cities, Luxembourg welcomed the development of the political Declaration and said it would support a Declaration in which states commit to refraining from the use of explosive weapons in populated areas.6
Alongside its individual statements, Luxembourg has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. As a member of the European Union (EU), Luxembourg 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 Conflict7 and at the General Debate of UN General Assembly First Committee8, 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.9 The EU, with Luxembourg 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.
Luxembourg 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.” 10 Luxembourg also aligned with the Commitment 123002 at the World Humanitarian Summit in May 2016, reinforcing the commitment to data collection on the impacts of explosive weapons in populated areas, to exchange of best practices, and to explore effective measures to ensure respect for international humanitarian law (IHL), including a Political Declaration on the issue.11
As a member of the Group of Friends on Protection of Civilians, Luxembourg has supported statements at the UN Security Council stressing the importance of respecting IHL and the need to enhance the protection of civilians.12 Luxembourg also endorsed the Ireland-led joint statement during the 74th session of the United Nations General Assembly’s First Committee in 2019.13 The statement encouraged states to participate in international efforts to address the impacts of the use of explosive weapons in populated areas on civilians, including by working towards the creation of an international Political Declaration on this issue.14