Norway 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. At the endorsement conference, Norway said that the Political Declaration represents both the acknowledgement of humanitarian suffering caused by explosive weapons in populated areas, and the commitment to take action to mitigate its consequences. It expressed support for the implementation phase and said it looks forward to confirming Norway’s firm ambition to stay the course.1
Norway regularly delivered statements throughout the consultations towards a Political Declaration, 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 process, it outlined its belief that the objective of the Declaration should be to strengthen International Humanitarian Law (IHL), adding that the Declaration should include encouragement of cooperation among states and/or with civil society to build a community of practice.2 Norway also emphasised that the Declaration must not weaken IHL by being selective in references or abbreviating or restating it, and that the reverberating effects of the use of explosive weapons in populated areas should also be included.
Throughout the consultations Norway opposed use of qualifies such as “can cause harm” in the text, but especially where used to weaken the causal connection between use of explosive weapons in populated areas and civilian harm. It also firmly opposed attempts to restrict the Declaration to addressing only ‘indiscriminate’ use of explosive weapons in populated areas 3, and raised specific concerns with the phrase “restrict use” in the draft text, suggesting it be replaced with “minimise” which more clearly asks for as little use of explosive weapons in populated areas as possible. Norway also raised concerns about the “relatively new” term “reverberating effects” noting that both direct and indirect effects are already part of their own operational decision-making, but that reverberating effects were less familiar though nonetheless important.4
In addition, Norway asked that the Declaration should clearly acknowledge the specific risks to children, as well as the particular challenge of clearance of explosive remnants of war and the environmental effects of use of explosive weapons in populated areas.5 In addition, Norway noted that 3.3’s most important added value is in developing policies and practices to avoid civilian harm, for which IHL already “provides a solid toolbox”. Norway also spoke to its support for a regular schedule of meetings to ensure the Declaration remains relevant.6 At the final consultation in June 2022, Norway commended the text and said that the Declaration reflects a clear commitment to review and improve the way states conduct their military operations to make significant efforts to strengthen the protection of civilians from the harm that explosive weapons in populated areas causes.7
Statements and positions
Norway has spoken on explosive weapons in populated areas in multilateral forums, primarily to condemn the harm caused to civilians and call for international action on the issue. Norway has spoken against the use of explosive weapons in populated areas at UN Security Council open debates on the protection of civilians in armed conflict8 and at the May 2022 open debate welcomed the Political Declaration and said that armed forces must adopt and implement specific policies and practices to avoid civilian harm.9 At the UN Security Council open debate on war in cities on 25 January 2022, Norway said the use of weapons designed for the open battlefield, including heavy explosive weapons, “should be minimised in urban areas.”10 At the UN General Assembly First Committee in 2022, Norway recognised the harm caused by explosive weapons in populated areas, reminding states that civilians represent 90 per cent of casualties recorded from such use. Norway also welcomed the finalised Declaration and announced its intention to sign it. 11
Alongside its individual statements, Norway has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. At the UN General Assembly First Committee in 2022, the Nordic Countries, of which Norway is a member, welcomed the finalised Political Declaration. The group also said that the Declaration is a positive outcome at a time of increased pressure within the international security environment, as well as a good sign that the international community can still work together towards tangible humanitarian goals.12 Norway has also signed onto other joint statements by the Nordic Group that have drawn attention to the importance of adhering to IHL and avoiding the use of explosive weapons in populated areas, including at the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict in 2012, 2013, 2014, and 2016.13 In these statements, the Nordic Group highlighted the use of explosive weapons in populated areas as an issue that requires immediate attention, including through robust data collection on its impact and the sharing of policies and practices to prevent the use of explosive weapons in populated areas. At the UN Security Council open debate on war in cities on 25 January 2022, the Nordic Countries jointly called on all parties to conflict to prevent civilian harm resulting from use of explosive weapons in populated areas, especially those with wide area effects.14
At this same meeting, the Group of Friends of the Protection of Civilians in Armed Conflict (of which Norway is a member) called on states to enhance the protection of civilians, including from the use of explosive weapons in populated areas, and took note of the ongoing consultations to develop a Political Declaration on this subject.15 The Group made similar remarks at the UN Security Council Open Debate on the Protection of Civilians in 25 May 2022.16 At the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict on 23 May 2023, the Group noted the adoption of the Political Declaration.17 At the UN Security Council Open Debate on the Protection of Civilians in Armed Conflict in May 2023, the Group of Friends of Action on Conflict and Hunger, of which Norway is a member, 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.18
In 2018 and 2019, Norway 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 19.
Norway aligned with the World Humanitarian Summit Core Commitment to ‘Uphold the Norms that Safeguard Humanity, that 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.”20