An overview of the actions needed

On Friday November 18th, states and civil society joined together in Dublin Castle to officially endorse the long-awaited international Political Declaration on the use of explosive weapons in populated areas (EWIPA). So far, 82 states have signed onto the declaration; this is a similar number to the initial signatories to other international declarations that have created new norms and standards in warfare, such as the Safe Schools Declaration. Among the signatories to the EWIPA declaration are states such as the US, UK, Netherlands, and Belgium, all of which made sizable contributions to the coalition against ISIS in Iraq and Syria that killed an estimated 8,194–13,249 civilians.

According to Action on Armed Violence, when EWIPAs are used, over 90% of those harmed are civilians. Airwars recently put together a series of maps showing the clear and troubling connection between population density in cities and civilian deaths during urban warfare. Even beyond those who are killed immediately, the reverberating effects are often severe and pervasive, with schools, hospitals, livelihoods, and basic resources like food and water becoming inaccessible for years. This has played out in recent conflicts in cities such as Mosul and Raqqa, in which entire city parts were destroyed and have been made uninhabitable.

The Irish-led, UN backed international declaration is a groundbreaking step towards curbing the use of such weapons. It comes at the back of a decade of civil society focus and pressure on this, led by the INEW network, which Airwars is a part of. As with any political declaration, the results are only as good as the implementation. Below, we outline some of the challenges states must address as they begin the process of implementing the EWIPA declaration.

States must be frank about gaps in their current approach

The first step in understanding how to implement the declaration to limit the use of EWIPAs must be for each state to critically examine current gaps in its own approach and engage in a meaningful process to address these. This in itself might be a stumbling block for some; while states such as the US and the Netherlands have shown increasing willingness to address gaps in their approach to the protection of civilians by working with civil society and experts, others have not.

The UK for instance, still falls behind allies in terms of transparency on evidence collection around civilian harm. Under the declaration, states committed to: “Collect, share, and make publicly available disaggregated data on the direct and indirect effects on civilians and civilian objects of military operations involving the use of explosive weapons in populated areas, where feasible and appropriate”. Despite the UK representative in Dublin noting during the signing ceremony that “the UK already has policies and procedures in place to support the implementation”, this has to date not been evident when it comes to public reporting on the effects of UK military actions.

As it stands, the UK maintains that it has evidence of only a single civilian casualty from its actions in the seven year anti-ISIS campaign, for example, despite extensive military involvement. The US, by comparison, has admitted to over 1,400 civilian casualties as part of the Coalition.  When challenged, UK officials tend to emphasise that they are aware that is not a case of lower civilian casualties than in previous conflicts – but of poor evidence gathering. This position was summarised by former Armed Forces Minister, Mark Lancaster, who emphasised in 2019 that; “[I]t is not our position that there has been only a single civilian casualty as a result of our military action. What we are saying is that we have evidence of only a single, or what we believe to have been a single, civilian casualty.”

In spite of this oft-repeated recognition that the evidence gathering mechanisms of the UK are not able to accurately reflect the reality on the ground, there is, to our knowledge, no process in place to improve this approach and little willingness to engage with civil society to address this. If this is not addressed, there will be a significant gap between the rhetoric of UK leadership when it comes to EWIPA and the reality on the ground.

States must build clarity on who is responsible for implementing the EWIPA declaration on a national level

The second step states must take to implement the EWIPA declaration is to gain better internal understandings of who will be involved in its implementation. This must include those focusing specifically on EWIPA, but also those focusing on topics such as human security, the protection of civilians, humanitarian response, development, diplomacy, and all the other elements required to protect those caught in conflict from being harmed by explosive weapons.The structures behind overseas military engagements are complex, quick changing, and lines of responsibility are often murky. Yet it is only if all involved in such operations, across parliament, ministries of defence, and ministries of foreign affairs and overseas development, are dedicated to limiting the use of EWIPA, understanding their impact, and tracking civilian harm that occurs if they are used, that implementation will be effective.

States must be open to civil society inclusion in the implementation of the EWIPA declaration 

Civil society actors, many of us united under the INEW banner, played a significant role in the development of the EWIPA declaration and the advocacy that brought states to the process, a fact that was acknowledged by a large number of states at the conference in Dublin. We stand ready to support the implementation in national contexts and across international coalitions. Many civil society organisations have spent years – sometimes decades – developing protection mechanisms and civilian harm tracking mechanisms, as well as conducting research into valuable lessons on the impact of EWIPA. Civil society organisations are also often direct links to the communities affected. It is in all of our interests that these resources are effectively shared with those in power.

In those states where there is a history of poor transparency and accountability on civilian harm and civilian harm tracking, governments and their militaries must also commit to a certain level of transparency on the implementation of the EWIPA declaration. They should work with civil society actors to understand the gaps in their current approach and set up milestones for implementation.

Looking forward

The endorsing ceremony was a promising step towards recognising the immense harm that these weapons have caused in recent years – and the harm they will continue to cause as their impact reverberates through communities. If the declaration is implemented well, fewer civilians will be harmed by explosive weapons in their cities, towns, and camps.

Yet there are pitfalls each state must avoid if their implementation of the declaration is to be meaningful. They must be frank about current gaps in their system and must be willing to address them. They must gain an oversight of everyone who will play a role in the effective implementation of EWIPA. And they should work with civil society actors who have resources to share and stand ready to support implementation.

Additional resources:

• Implementation Brief: Political Declaration on the Use of Explosive Weapons in Populated Areas, CIVIC, November 2022 (here)
• Safeguarding Civilians: A Humanitarian Interpretation of the Political Declaration on the Use of Explosive Weapons in Populated Areas, Human Rights watch and the International Human Rights Clinic at Harvard Law school, October 2022 (here)
• Implementing the Political Declaration on the Use of Explosive Weapons in Populated Areas: Key Areas and Implementing Actions, INEW and Article 36, November 2022 (here)
• Over 80 Countries Committed to Curb Use of Explosive Weapons, Now Comes the Hard Part, Bonnie Docherty, Human Rights Watch for Just Security, November 23rd 2022 (here)