Switzerland 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 endorsing conference in Dublin, Switzerland noted that the principal purpose of IHL – to limit the effects of armed conflict – must always guide states in their actions, and expressed hope that improved data collection and sharing will help to avoid future civilian harm.1
Switzerland 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 consultation process, Switzerland emphasised that the declaration should stress that existing IHL provides a sufficient framework to address the problem of explosive weapons in populated areas and that the objective of the declaration should be to strengthen International Humanitarian Law (IHL).2 Switzerland also said that the declaration should address the challenges posed by the urbanisation of violence, where civilians and combatants intermingle, noting that it is often not possible to choose to conduct military operations outside this setting.3 In addition, it supported a call for the adoption and review of policies and practices—including 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 IHL, and called for investigating allegations of use of explosive weapons in populated areas in violation of IHL, and, where appropriate, for the due prosecution of perpetrators.4
As consultations progressed, Switzerland echoed these positions, whilst adding that it believed it would be appropriate to focus the Political Declaration on the conduct of hostilities in urban areas rather than focus on a particular system of weapons.5 It also said that the Declaration should better reflect the role of non-state armed groups and strongly urged that the Declaration not focus only on clear violations of IHL.6 It opposed the use of the qualifier ‘can’ in the title and text 7, and encouraged a broad approach to delineating the humanitarian consequences of explosive weapons in populated areas, including through reflecting reverberating effects.8 It encouraged the inclusion of a commitment on accountability on the Declaration, and also called for an open, transparent, and inclusive follow-up process, stressed the importance of ensuring such a process is adequate to meet the needs of the declaration.9
Statements and positions
Switzerland has on several occasions spoken on explosive weapons in populated areas in multilateral forums. Switzerland made reference to the use of explosive weapons in populated areas at the UN Security Council Debate on the Protection of Civilians in Armed Conflict in 2010,10 where it said that their use was a “major source of suffering for civilians”. More recently, at the Security Council open debate in May 2023, Switzerland called on states to sign the Political Declaration.11 Switzerland had already welcomed the final text at the UN General Assembly First Committee in 202212 and, at the General Debate of the First Committee in 2017, had called for anchoring the issue of explosive weapons in populated areas in the agenda of the Convention on Certain Conventional Weapons (CCW).13
Alongside its individual statements, Switzerland has repeatedly aligned with other states to deliver statements on explosive weapons in populated areas. As a member of the Group of Friends on Protection of Civilians, Switzerland 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.14 The Group of Friends of Action on Conflict and Hunger, of which Switzerland is also 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.15 In 2018 and 2019, Switzerland 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.16
As part of the Human Security Network, Switzerland endorsed two statements addressing the risk of explosive weapons in populated areas at the UN Security Council open debate on the protection of civilians in armed conflict in 201317 and 2014.18 The statements called for data collection and to refrain from the use of explosive weapons in populated areas. Switzerland also aligned with the World Humanitarian Summit Core Commitments to ‘Uphold the Norms that Safeguard Humanity’ 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.”19