Mister President,

I have the honor to speak on behalf of the European Union and its Member States.

The Candidate Countries the Republic of North Macedonia* and Montenegro^*, the country of the Stabilisation and Association Process and potential candidate Bosnia and Herzegovina, as well as the Republic of Moldova align themselves with this statement.

I welcome this open debate on the protection of objects indispensable to the survival of the civilian population, which is of utmost relevance in today’s crises, as well as the adoption of the resolution.

The EU is deeply concerned by continued gross violations of International Humanitarian Law and of humanitarian principles, by the shrinking of the humanitarian space, and by continued attacks on humanitarian and health care workers. The EU is also concerned by the impact of the widespread and deliberate destruction or damage caused to civilian objects such as schools and hospitals in today’s armed conflicts, by attacks conducted in clear violation of international humanitarian law. The direct and indirect effects of this reality are one of the most critical challenges for the protection of civilians, and a major driver of long-term social and economic instability and displacements. Attacks on health infrastructures have a critical impact on the survival and well-being of civilians, and are currently also seriously undermining efforts to fight the COVID-19 pandemic.

We can unfortunately witness this in a number of crises today.

Yemen

The situation in Yemen is marked by widespread violations of IHL by all parties to the conflict, the scale and nature of which is shocking. Accountability, for these violations, is vital. Persistently indiscriminate attacks are killing and wounding civilians and damaging critical infrastructures, such as health facilities, schools, markets and farms.  As a result of the conflict the economy has collapsed and the humanitarian situation is alarming; over 4 million Internally Displaced People (IDPs), 80% of the population live below the poverty line, less than 50% of health clinics function, eight million children are out of school, water and electricity services are erratic and unaffordable for the large majority of population, and food security systems are under severe strain. Restrictions imposed by parties to the conflict on humanitarian supplies and access increase the risk of famine. The current hindrances of air, land and seaports as well as the continuous fighting further impedes the delivery of humanitarian aid, and affects the ability of Yemeni civilians to access food, medicine and fuel, essential for the survival of the civilian population. 16.2 million - over half of the total population – are projected to be highly food insecure in Yemen by June 2021.

Nigeria

Nigeria is the country with the highest number of attacks against health facilities in West and Central Africa, and more than 500 incidents affecting schools and students between 2015-2019. Between January 2020 and March 2021 alone, 59 episodes of violence or threats against health services were reported, including the damaging of 11 health facilities. Attacks on aid workers are widespread. Civilians face a high risk of violations of human rights and of international humanitarian law, and deliberate destruction of economic assets guaranteeing the population’s livelihoods, such as crops and cattle, including in North Central Nigeria, in the context of pastoralist-farmer conflict. In April 2021, during a series of attacks on the town of Damasak, in Borno State (North-Eastern Nigeria), non-state armed groups looted and burned down private homes, warehouses of humanitarian agencies, a clinic and UN protection facilities. These acts accelerate forced displacements and aggravate the vulnerability of civilians in crisis-affected areas. In North Eastern Nigeria, 2.2 million people have been uprooted from their homes and in the North West, there is a growing pattern of attacks on education establishments, including mass abductions of pupils. In the Northeastern States as a result of the ongoing Boko Haram insurgency, regular attacks on schools, universities, and students occur.

Syria

The crisis in Syria is also a protection crisis. The EU strongly condemns the deliberate targeting of civilians and civilian infrastructures by the Syrian regime and its allies, as documented by the Board of Enquiry. Full respect for the rights of all individuals in accordance with international humanitarian law, human rights and refugee law must be obtained, including the protection of civilians, including humanitarian and medical workers and civilian infrastructures such as schools and hospitals. More than 13 million Syrians inside Syria (half of whom are children) are in need of humanitarian assistance. While the need for health services remains high, fifty per cent of Syria’s health facilities are not, or only partially, functioning as of 2021. Moreover, 11.5 million people in Syria are estimated to be exposed to risks posed by the widespread presence of mines and explosive remnants of war. In fact, Syria is facing potentially the highest level of weapon contamination the world has seen since the Second World War, with swathes of the country turned into minefields. This means that it will take decades to make the land and cities safe again.

It is important to ensure that life-saving and life-sustaining humanitarian actions are not disrupted or targeted and that safe, full, unhindered and sustained access to the most vulnerable people in Syria is guaranteed by all routes available, including cross-border. The extension of the decision by the UN Security Council on the authorisation for cross-border assistance in July 2021 is vital. Otherwise, humanitarian assistance to more than 3 million people would be in danger and the response to the needs of the population could be jeopardized.

Faced with this reality, the international community has both a moral and legal duty to take action:

First, the EU recalls that all parties to armed conflicts are to respect international humanitarian law and bear the primary responsibility to ensure the protection of civilian populations and objects under their control. In this respect, the EU will continue to put International Humanitarian Law at the heart of its external action. The EU is committed to continue its efforts to promote IHL comprehensively, including through training and exercises, in particular for military and security forces. The EU also works to fight impunity and to ensure accountability for violations of international humanitarian law and we highlight the important role of the International Criminal Court in this regard. We reiterate our call on the Security Council to have the situation in Syria referred to the ICC.

Second, the unlawful use of certain types of weapons in specific situations may have a disproportionate and devastating effect on the natural environment, causing degradation of agricultural land or devastating health impacts. We recall that all means and methods of warfare are to fully comply with international law, in particular international humanitarian law and international human rights law and that those who employ these weapons are accountable and responsible for their use. Ensuring compliance with IHL is crucial particularly when armed conflicts are increasingly fought in urban areas, exposing civilians and civilian infrastructure to substantial risks. In this respect, we recognise the challenges associated with the use of explosive weapons in densely populated areas and their impact on civilians, and we call on all parties to armed conflict to fully comply with IHL.

Third, five years after the adoption of UN Security Council resolution 2286, drafted and negotiated by Spain, together with Egypt, Japan, New Zealand and Uruguay, we need to double our efforts to ensure implementation of this resolution and ensure that medical facilities, and more broadly humanitarian and medical workers, are not subject to attacks in violation of international law. In this respect, I would like to recall that the EU, together with France, Germany, Mexico, Norway, Niger, and Switzerland, is organising a discussion series on the protection of humanitarian and medical workers in armed conflict. We also need to continue to uphold the protection of schools and education infrastructure in situations of conflict, and we welcome the efforts of UN Member States that have endorsed the Safe Schools Declaration.

Fourth, the 2020 Global Report on Food Crises shows that conflict was to blame for six out of the ten worst food crises in the world, and for nearly 60 percent of humanitarian needs. The destruction of objects indispensable to the survival of the civilian population, including water resources and infrastructure, may in many contexts contribute to conflict-related hunger. The EU urges all parties to armed conflicts, state and non-state alike, to fully respect their obligations under International Humanitarian Law, including the prohibition of the use of starvation of the civilian population as a method of warfare, and to allow and facilitate a safe and unhindered humanitarian access. We recall, in this respect, that in 2019, the Assembly of State Parties to the Rome Statute of the ICC voted unanimously to extend the war crime of starvation to non-international armed conflict.

Fifth, strengthening the humanitarian, development and peace nexus (HDPN), with a needs-based, as well as a human rights based-approach, would enhance a holistic approach to deliver on the Sustainable Development Goals (SDGs).There is a need for donors and civil society to engage more coherently with UN Common Country Analysis and Cooperation Frameworks, in order to design collective outcomes ensuring that all stakeholders can enhance delivery of durable solutions, which would enhance resilience. To respond to challenges and to build back better, we need a common understanding of the needs in each context based on joint analysis, joined-up planning and monitoring, including data and evidence-based information. It is by joint efforts that we can ensure the protection of civilian population and enhanced delivery of adequate gender sensitive services.

Finally, the international community needs to take a more outspoken stance in calling on all parties to conflicts to respect IHL, condemning violations, and finding political and practical solutions to protect objects that are vital for civilian populations, as well as to conduct fact finding investigations and to ensure accountability for violations. The UN Security Council plays a critical role in steering this forward and ensuring accountability. We count on the Security Council, and the international community to support these efforts.

Thank you.

* The Republic of North Macedonia and Montenegro continue to be part of the Stabilisation and Association Process.