AG/RES. 1904 (XXXII-O/02)
PROMOTION
OF AND RESPECT FOR INTERNATIONAL HUMANITARIAN LAW
(Adopted at the fourth plenary session held on June
4, 2002)
THE GENERAL ASSEMBLY,
RECALLING resolutions AG/RES. 1270 (XXIV-O/94), AG/RES. 1335
(XXV-O/95), AG/RES. 1408 (XXVI-O/96), AG/RES. 1503 (XXVII-O/97), AG/RES. 1565
(XXVIII-O/98), AG/RES. 1619 (XXIX-O/99), AG/RES. 1706 (XXX-O/00), AG/RES. 1770
(XXXI-O/01), and AG/RES. 1771 (XXXI-O/01);
DEEPLY DISTRESSED over the terrorist attacks perpetrated against
innocent people from many nations that occurred in the United States of
America on September 11, 2001;
DEEPLY DISTRESSED ALSO over the terrorist attacks committed in various
member states;
DEEPLY CONCERNED over persistent violations of international
humanitarian law throughout the world and, in particular, over attacks on the
civilian population, which at times finds itself forced into displacement or
compelled to seek refuge in other countries;
RECALLING that it is the obligation of all states to observe and
enforce, in all circumstances, the provisions established in the 1949 Geneva
Conventions and, where applicable, for those States that are Parties thereto,
those contained in the 1977 Additional Protocols to those Conventions, and
noting that this year marks the 25th anniversary of their adoption;
UNDERSCORING the need to reinforce the provisions of international
humanitarian law by achieving their universal acceptance, and their widest
possible dissemination and application;
AWARE of the need to punish those responsible for war crimes, crimes
against humanity, and other grave breaches of international humanitarian law;
TAKING INTO ACCOUNT the entry into force, on July 1, 2002, of the
Statute of the International Criminal Court, which has been ratified or
acceded to by 12 states in this Hemisphere;
RECOGNIZING the importance of developing international humanitarian law
by drafting updated provisions that enable it to address today’s challenges;
TAKING INTO CONSIDERATION the decision taken in December 2001 by the
States Parties to the 1980 UN Convention on Prohibitions or Restrictions on
the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively
Injurious or to Have Indiscriminate Effects, to extend the scope of
application of this Convention to all existing Protocols applicable to
non-international armed conflict;
CONSIDERING the importance of the Convention on the Safety of United
Nations and Associated Personnel, the purpose of which is to protect both
military and civilian staff of United Nations operations;
CONVINCED that the particular protection and assistance needs of women
and children in situations of armed conflict must be effectively addressed,
and welcoming in this regard the adoption, in May 2000, of the Optional
Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflict;
CONCERNED over the disappearance of persons and the taking of hostages
particularly during armed conflict and the suffering this causes for families
and loved ones during and after the conflict has ended;
DISMAYED by the negative impact of the illicit production of and
trafficking in firearms, ammunition, explosives, and related materials on
personal safety and the stability of our societies, as well as on domestic
conflicts and peace processes;
RECOGNIZING that the illicit trade in small arms and light weapons in
all its aspects undermines respect for international humanitarian law and
impedes the humanitarian assistance to victims of armed conflict;
CONVINCED that the fight against terrorism must be undertaken with full
respect for the law, for human rights, for international humanitarian law, and
for democratic institutions in order to preserve the rule of law, freedoms,
and democratic values in the Hemisphere;
EMPHASIZING once more the ongoing efforts of the International
Committee of the Red Cross (ICRC) to promote and disseminate knowledge of
international humanitarian law and the activities it carries out as an
organization that is impartial, neutral, and independent under any and all
circumstances;
RECOGNIZING the important part played by the national committees or
commissions established in numerous countries for the dissemination and
application of international humanitarian law in ensuring that the Geneva
Conventions and, where applicable, the Additional Protocols thereto, as well
as the other instruments of international humanitarian law, are incorporated
into the domestic law of the member states that are Parties to those
instruments, so that compliance with those instruments and the dissemination
thereof are ensured;
EXPRESSING its satisfaction with the increasing cooperation between the
General Secretariat of the Organization and the ICRC, resulting from the
agreement signed on May 10, 1996, and illustrated by common achievements such
as the Governmental Experts’ Meeting on “The Implementation of
International Humanitarian Law and Related Inter-American Conventions,” held
in March 2001, in San José, Costa Rica;
EXPRESSING also its satisfaction over the special meeting of the
Committee on Juridical and Political Affairs held at OAS headquarters on March
6, 2002, on the promotion of and respect for international humanitarian law,
which received support from the ICRC and other institutions, the conclusions
of which were presented to the Fourth Meeting of Ministers of Justice or of
Ministers or Attorneys General of the Americas for consideration; and
HAVING SEEN the report of the General Secretariat on the promotion of
and respect for international humanitarian law (CP/doc.3576/02),
RESOLVES:
1.
To note the increase in the number of member states that, in the past
year, have ratified or acceded to various instruments of international
humanitarian law, particularly the 1997 Convention on the Prohibition of the
Use, Stockpiling, Production and Transfer of Antipersonnel Mines and on Their
Destruction (Ottawa Convention) and the Statute of the International Criminal
Court.
2.
To invite those member states that have not yet done so to consider
ratifying or, if applicable, acceding to the 1977 Additional Protocols I and
II to the 1949 Geneva Conventions, and to consider making the declaration
provided for in Article 90 of Protocol I.
3.
Also to urge those member states that have not yet done so to consider
signing or ratifying, as appropriate, the Statute of the International
Criminal Court.
4.
Further, to invite those member states that have not yet done so to
consider ratifying or, if applicable, acceding to the following instruments
relating to weapons which may be excessively injurious or have indiscriminate
effects:
a.
The 1980 Convention on Prohibitions or Restrictions on the Use of
Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious
or to Have Indiscriminate Effects and the Protocols thereto; and
b.
The 1997 Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Antipersonnel Mines and on Their Destruction.
5.
To invite those member states that have not yet done so to consider
becoming Parties to the 1954 Hague Convention for the Protection of Cultural
Property in the Event of Armed Conflict, and to its 1954 Protocol, as well as
to its 1999 Second Protocol on enhanced protection.
6.
To urge those member states that have not yet done so to consider
becoming Parties to the 1989 Convention on the Rights of the Child, and to its
Optional Protocol on the involvement of children in armed conflicts, which
includes the participation of children in hostilities, as well as their
recruitment into armed forces and armed groups.
7.
To urge those member states that have not yet done so to sign or ratify
the Inter-American Convention against the Illicit Manufacturing of and
Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials
(CIFTA).
8.
To urge states, as applicable and in accordance with the international
legal obligations they have assumed, to pay special attention, in times of
peace as well as times of armed conflict, to the following provisions:
a.
The widest possible dissemination of international humanitarian law
throughout the population, particularly among the armed forces and security
forces, by including it in official instruction programs and in the training
of permanent armed forces personnel (Articles 47, 48, 127, and 144,
respectively, of the four Geneva Conventions, and Articles 83 and 11,
respectively, of the two Additional Protocols);
b.
The enactment of criminal legislation required to punish those
responsible for war crimes, crimes against humanity, and other grave breaches
of international humanitarian law (Articles 49, 50, 129, and 146,
respectively, of the four Geneva Conventions, and Article 85 of Additional
Protocol I);
c.
The enactment of legislation to regulate the use of emblems protected
under international humanitarian law and to punish the improper use thereof
(Articles 54 and 45, respectively, of the first and second Geneva Conventions,
and Article 38 of Additional Protocol I and its Annex containing the
regulations thereto); and
d.
The obligation, in the study, development, acquisition, or adoption of
a new weapon, or of new means or methods of war, to determine whether their
use would contravene international humanitarian law and, if it would, not to
adopt it for use within the armed forces or security forces and not to
manufacture it for other purposes (Article 36 of Additional Protocol I to the
Geneva Conventions).
9.
To urge member states to continue to support the work of national
advisory committees or commissions or similar bodies for the dissemination and
implementation of international humanitarian law, where they already exist,
and to consider establishing such bodies where they do not, with support from
the International Committee of the Red Cross (ICRC).
10.
To urge member states to consider taking appropriate steps at the
national level to address the grave humanitarian consequences of the
unregulated availability of arms, in keeping with the Programme of Action
adopted at the UN Conference on the Illicit Trade in Small Arms and Light
Weapons in All Its Aspects, held in New York in July 2001.
11.
To urge those member states that have not yet done so to consider
ratifying or acceding to, as the case may be, the 1994 Convention on the
Safety of United Nations and Associated Personnel.
12.
To urge member states and all parties to an armed conflict to respect
the impartiality, independence, and neutrality of humanitarian action in
accordance with the guiding principles adopted by the United Nations General
Assembly in its resolution 46/182 of December 19, 1991, and to ensure that the
staff of humanitarian missions are protected, whether they be in the employ of
governments, international organizations, nongovernmental organizations, or
the International Committee of the Red Cross.
13.
To invite member states to facilitate the work of the ICRC, in
particular by using its advisory services to support states’ efforts to
apply international humanitarian law, and to further invite member states and
parties to armed conflict to continue to cooperate with the ICRC in its
various spheres of responsibility.
14.
To urge the parties to an armed conflict to take immediate measures to
determine the identity and status of persons reported as missing.
15.
To urge the member states and all parties to an armed conflict to
observe their obligations under the 1949 Geneva Conventions, in particular
those that are applicable to the protection of the civilian population.
16.
To request the General Secretariat, through the Secretariat for Legal
Affairs, and in coordination with the ICRC, to continue to organize
governmental conferences similar to the one held in San José, Costa Rica, in
March 2001, to disseminate and reinforce the implementation of international
humanitarian law and of related inter-American conventions.
17.
To instruct the Permanent Council, with support from the General
Secretariat and in cooperation with the ICRC, to continue to organize special
meetings to reaffirm the pertinence and timeliness of international
humanitarian law.
18.
To encourage member states to adopt appropriate legislative, judicial,
and administrative measures for the domestic implementation of international
humanitarian law instruments, enlisting, as necessary, the technical
assistance of appropriate international organizations, including the ICRC.
19.
To invite the member states to report to the Permanent Council on the
activities they have carried out pursuant to this resolution.
20.
To request the Secretary General to present a report to the General
Assembly at its thirty-third regular session on the implementation of this
resolution.
