Libyan Mission

S/PV.6151
6151st meeting
Friday, 26 June 2009, 10 a.m.
New York

Protection of civilians in armed conflict

Mr. Dabbashi (Libyan Arab Jamahiriya) (spoke in Arabic): I thank you, Sir, for having organized this important debate. I also thank Mr. John Holmes for his objective briefing today.
        In 2005, the World Summit endorsed the principle of the responsibility of protect civilians against the carnage of war, war crimes, ethnic cleansing and crimes against humanity. The Summit affirmed that the principal responsibility to protect their citizens lies with the States concerned, and that the international community is responsible for assisting them in that task, as is the Security Council through its resolutions, in particular resolution 1674 (2006). That affirmation has allowed us to identify measures to protect civilians in armed conflict. Such measures must, however, be strictly implemented.
        Despite the progress that has been made in the codification of international humanitarian law and in the adoption of general principles on the protection of civilians in armed conflict, the international community can hardly be pleased with the inadequacy of that progress at the practical level. The lack of progress is a source of great concern and, in some case, of disappointment. A large gap has opened between our words and our deeds. The number of casualties in armed conflict, including under foreign occupation, has not declined, and no one can doubt the suffering of the victims of armed conflict, famine, torture and similar types of prohibited behaviour, sexist and sexual violence, violence against children, the recruitment of children, human trafficking, the problem of refugees, internal displacement and lack of access to humanitarian assistance.
        A living example of this is the Gaza Strip, where 1.5 million Palestinians are deprived of all the basic needs of life and of humanitarian assistance, including United Nations assistance. Gaza has become a large prison that one cannot get out of or into. The Israeli occupying authorities are not satisfied with that but have conducted military actions against Gaza for 22 consecutive days. The authorities used all means of destruction, including internationally prohibited weapons — white phosphorous most specifically. The Israeli authorities struck at everyone; they did not discriminate among civilians and military. The Israeli occupation deliberately targeted civilian installations — schools, hospitals, United Nations infrastructure, property. We all know that record, and United Nations officials have been clear in this regard.
        More than 1,300 martyrs have been noted, more than a third of them children, and more than 5,300 people have been wounded. This is in addition to the almost total destruction of infrastructure in Gaza and of more than 24,000 buildings or living units.
        In today’s world, States and groups are murdering civilians in ways that appear deliberate or are adopting strategies that are probably going to be targeting civilians. We would recall that wars have been launched on behalf of counter-terrorism or in so-called self-defence, to the detriment of the rules and principles of international humanitarian law. The majority of casualties have been civilians. This applies to the Israeli aggression in Lebanon in 2006 and to the war in Iraq, as well as the invasion of Afghanistan.
        We should not forget the victims of internal conflicts. For example, the majority of the population of Somalia have been victimized, become refugees or homeless, are hungry and without the basic necessities of life. In the eastern part of the Democratic Republic of the Congo, civilians are still suffering from daily violence and violation of their rights and from armed conflicts. The list is long. Everyone knows that list, so I do not need to repeat it.
        The international community, represented mainly by this Council, not only has the right to take measures but has the responsibility to act if the parties directly concerned have not managed to protect civilians or have shown a lack of will to do so, or if it is proven that the parties in question are the aggressors. We do not understand how the Security Council would remain mute, would not go after the perpetrators of war crimes — the Israelis, especially for the crimes committed in Gaza, crimes that have been proven and reaffirmed in the summary of the investigation group established by the Secretary-General to look into the damage and losses to United Nations facilities in Gaza. It was published, but no measure was taken in this area, for a very simple reason: States that have the right of veto in the Council want the aggressor to be above the law and not to be subject to accountability.
        We are awaiting the results of the investigation by the group that was established by the Human Rights Council to investigate the crimes committed in Gaza. We hope the international community will take measures on the basis of those results.
        Thousands of Palestinians have been killed or wounded in Gaza without any mercy. Everyone has seen it. The international community has seen it. Internationally prohibited weapons were used against civilians. Justice demands that the perpetrators of those crimes be pursued by the International Criminal Court. The Security Council must understand that this is extremely important for its credibility.
        This debate should be important and effective. Civilian protection is a problem that needs to be managed according to a comprehensive approach, and we must see the causes and effects. In this area we must reaffirm these matters.
        First, we need to pay special attention to preventing armed conflicts and the expansion of armed conflict. This requires internationally coordinated efforts to deal with the hunger, poverty and injustice that victimize many populations throughout the world. We need to reactivate preventive diplomacy and come up with early warning mechanisms to prevent conflicts and the expansion of conflicts.
        Secondly, we need to promote the protection of civilians as a priority of United Nations peacekeeping operations. It falls under resolution 1674 (2006). These missions must have the means and resources that will enable them to carry out their missions.
        Thirdly, the Security Council must be able to take measures in a balanced and transparent way, and not according to double standards. Everyone must comply with their accountability and punishment obligations. We must prevent violations of international humanitarian law.
        Fourthly, we must prohibit the production of certain weapons whose victims are mostly civilians, especially cluster munitions. The use of cluster munitions has created many casualties, especially after military conflicts have ended.
        Fifthly, we reaffirm the importance of implementing the proposals contained in paragraphs 37, 59 and 60 of the report of the Secretary-General. I reaffirm the importance of those paragraphs.
        This Council has been clear, in its resolution 1674 (2006) regarding humanitarian access without any impediments for people who need such assistance. The Council needs strict measures for access to civilian populations and for staff access to those people. That, in turn, requires the opening of crossing points on the part of Israel to allow the free flow of individuals, goods and funds from and into Gaza. The opening of those passage points is necessary to take into consideration the needs of the blockaded population and is extremely important for rebuilding and for erasing the traces of the Israeli aggression.