CCW Report, Vol. 11, No. 4
CCW Operates in the Dark for Lowest Common Denominator Outcomes
20 November 2023
By Laura Varella and Ray Acheson
From 15–17 November, the High Contracting Parties to the Convention on Conventional Weapons (CCW) met in Geneva for their annual meeting. The session, however, did not go as planned. On the first day, when confirming the rules of procedure, Russia objected to the participation of observers—which includes organisations with observer status granted by the United Nations (UN), intergovernmental organisations, UN agencies, the International Committee of the Red Cross (ICRC), and non-governmental organisations. Russia argued that observers should only be allowed to speak in informal mode. Several delegations took the floor in favour of keeping the established practice regarding observer participation, including Australia, Austria, Belgium, Canada, Colombia, Costa Rica, Czech Republic, Denmark, Germany, Ireland, Italy, France, Japan, Luxembourg, Mexico, Netherlands, Peru, Republic of Korea (ROK), Spain, Switzerland, United Kingdom (UK), and the United States (US). Nevertheless, after a full day of debate, Russia did not agree with any of the several proposals made by the Chair, Ambassador Federico Villegas of Argentina, and the meeting was held fully in informal mode.
On the second and third day of the meeting, delegations rushed to express their positions on various topics pertaining to the Convention, including landmines, incendiary weapons, explosive weapons in populated areas (EWIPA), and autonomous weapon systems (AWS). On the last day of the meeting, when discussing the draft report of the session, observers were not allowed to remain in the room. The main issue considered in that session—the new mandate of the Group of Governmental Experts on Lethal Autonomous Weapons Systems (GGE on LAWS)—was discussed only behind closed doors. Some of the discussions took place after hours, during which the UN’s energy-saving measures reportedly turned out the lights in meeting rooms. Thus, conversations on critical issues were held in the dark, both figuratively and literally.
The events of the past week show that, once again, consensus got in the way of progress. If states could not even confirm the rules of procedure, how are they expected to move forward on substantial issues? More than 100 states have already called for a legally binding instrument on AWS, in addition to experts in technology and artificial intelligence, civil society organisations, and, more recently, the President of the ICRC and the UN Secretary-General, who issued a joint call for the conclusion of a legally binding instrument by 2026. However, it is impossible to envision such a process taking place in the CCW, where consensus has been used as a veto rule systematically over many years. It is past time that states move this discussion to a more democratic forum, where all stakeholders can engage and procedural issues are not used by heavily militarised states to block progress. The world cannot wait for states to merely continue discussions indefinitely.
Similarly, the CCW’s failure to adequately address incendiary weapons, mines, and other issues of great importance to protecting civilians and preventing human suffering shows that the longer the CCW operates in the dark, by consensus, the more harm certain high contracting parties will cause.
The following report provides an overview of interventions delivered in informal mode across major themes. This is not a comprehensive accounting of all positions on every issue. It also does not cover discussions on the draft report, as civil society was not allowed to follow the debate.
Autonomous weapon systems
Costa Rica, delivering a statement on behalf of the Latin American, Caribbean, and European CCW high contracting parties that are among the 36 signatories to the Belém Communiqué and/or the Special Communiqué of the Ibero-American General Secretariat on the social and humanitarian impact of autonomous weapons, expressed support for the negotiation of a legally binding international instrument with prohibitions and regulations regarding autonomy in weapons systems, saying that the negotiation of a protocol within the CCW is one way to this end. The African Group, the Non-Aligned Movement (NAM), the G15, Cuba, Guatemala, Holy See, Iraq, Mexico, Pakistan, Panama, Philippines, Sierra Leone, Spain, South Africa, Sri Lanka, and Venezuela also expressed support for the negotiation of a legally binding instrument, with G15 states supporting a CCW protocol. China said that when a common understanding can emerge on issues such as definition and characterization of LAWS and conditions are ripe, it supports the conclusion of a legally binding instrument to prohibit fully autonomous lethal weapons systems.
Several delegations, including the European Union (EU), Canada, Colombia, Cuba, Estonia, France, Guatemala, India, Latvia, Lithuania, Spain, South Africa, Sweden, Türkiye, and the United States, expressed support for addressing the challenges posed by AWS in the CCW.
Bulgaria, Denmark, Germany, Italy, Norway, Netherlands, ROK, Spain, and others expressed support for the two-tier approach.
A handful of delegations, including the EU, Aotearoa New Zealand, Austria, Germany, Guatemala, Ireland, and Japan, welcomed the resolution on AWS adopted at the UN General Assembly First Committee in October 2023.
The statement of the group of 36 states delivered by Costa Rica, the African Group, the G15, Norway, Philippines, and others, stressed the need for maintaining meaningful human control over weapons and/or the use of force. China said that AWS must always be controlled by humans. The Group of 36 states also defended an approach that “preserves the criteria of predictability, proportionality and explainability, but also ensures that the obligations of international humanitarian law and international human rights law are not only observed, but strengthened.”
As previously mentioned, civil society was not allowed to follow the discussions on the new mandate of the GGE. But sates agreed that the Group will consider and formulate, by consensus, measures to address AWS, “including a set of elements of an instrument, without prejudging its nature.” They agreed to take into account the example of existing Protocols within the CCW, proposals presented by High Contracting Parties, and other options, building upon the recommendations and conclusions of the GGE. The GGE will also bring in expertise on legal, military, and technological aspects of AWS. The GGE is scheduled to meet for 10 days each year and is encouraged to complete its work before the end of 2025 by submitting a consensus report to the Seventh Review Conference of the CCW.
Given the persistent obstacles posed by consensus, as noted above, and the fact that the CCW has already hosted more than 10 years of discussions on AWS, anything short of a mandate to negotiate a legally binding instrument is not a meaningful advancement of work. While the GGE could provide space for building agreement on what is necessary in a legally binding instrument, the heavily caveated words of this mandate are designed to give an illusion of moving closer to negotiations without actually getting there. This shows once again that governments intent on developing and deploying these weapons can effective manipulate the CCW to endlessly prevent real action that would prevent them from doing so. Work will need to continue in other forums, such as the UN General Assembly, where the interests of humanity can be protected over the interests of military dominance and violence being pursued by a minority of states.
Explosive weapons in populated areas
The ICRC emphasised the impact of the use of explosive weapons in populated areas (EWIPA) in conflicts around the world, including in Gaza, Sudan, and Ukraine. It urged states to avoid such use and to endorse and implement the Political Declaration on EWIPA.
Palestine, delivering a statement on behalf of 63 states, highlighted the consequences of the use of EWIPA by Israel in Gaza over the past month, which resulted in the death of more than 11,000 people and the destruction of almost 60 per cent of civilian infrastructure. It called on the signatories of the Political Declaration on EWIPA to uphold their commitments, including to facilitate unhindered humanitarian access. Some delegations, including the NAM, Bolivia, Ireland, Pakistan, Sri Lanka, and Türkiye, condemned or expressed concern about the use of EWIPA in Gaza.
The Arab Group, Algeria, Jordan, Saudi Arabia, and others also condemned Israel’s attacks, while Sweden stressed that both sides must respect international humanitarian law (IHL) and ensure protection of civilians. Many states also called for respect if IHL without explicitly mentioning the conflict.
The EU condemned Hamas for its attacks across Israel and for the use of civilians as human shields. It emphasised “Israel’s right to self-defence,” while deploring all loss of civilian life and reiterating the importance of ensuring the protection of all civilians. Similarly, Israel said that Hamas has been hiding in tunnels under civilians' houses and hospitals, adding that “this grim reality is the present and future of warfare.”
Ukraine highlighted the effects of the use of EWIPA in its territory by Russia.
Australia, Austria, Canada, Holy See, Ireland, Japan, Luxembourg, Mexico, Netherlands, Norway, Philippines, Sierra Leone, the United Kingdom, and the United States reiterated their commitment to the Political Declaration. Norway welcomed all states to join the Oslo Conference in April 2024.
Mines and explosive remnants of war
Delivering a statement on behalf of 46 delegations, the UK expressed concern about reports of Russia’s failure to comply with its obligations under CCW, particularly highlighting the use of landmines in Ukraine. Several delegations, including the EU, Australia, Belgium, Estonia, Latvia, Lithuania, Luxembourg, Netherlands, Sweden, and the United States, condemned or expressed concern over Russia’s use of landmines, rockets, and other explosive devices directed against civilians in Ukraine. Russia, on the other hand, condemned the use of landmines and other explosive devices by Ukraine.
The ICRC warned that the number of civilian casualties from landmines has spiked dramatically in recent years and urged all states to cease such use immediately. The EU, Tunisia, and others highlighted the humanitarian impact of mines. Japan expressed its intention to assume the presidency of the 2025 Meeting of States Parties to the Mine Ban Treaty and reiterated its commitment to the Treaty. Pakistan, Russia, Spain, and others underline their efforts in supporting demining activities.
The EU and Switzerland stressed that mines other than anti-personnel mines (MOTAPM) must remain in the agenda of the CCW. Similarly, Austria, Japan, and others called for continued discussions on the topic. Pakistan, on the other hand, said that Amended Protocol II and IHL already applies to MOTAPM and stressed the need to strengthen the implementation of existing international instruments.
The United Kingdom announced it will ratify Protocol V of the CCW. Singapore announced it had acceded to the CCW and Protocols I, III, and IV.
Incendiary weapons
Austria, Belgium, Costa Rica, Ireland, Mexico, New Zealand, Norway, and Switzerland delivered a joint statement expressing concern that CCW meetings of high contracting parties no longer provide a dedicated space to discuss the universalisation and implementation of Protocol III. These states highlighted the effects that the use of incendiary weapons have on people and on the environment, and called on the Chair to include in his final report a decision that requests the incoming President to conduct informal consultations during the intersessional period on the implementation and universalization of Protocol III. The Group also requested that the final report include language reflecting the concern expressed in the room and reaffirming the importance of Protocol III. The EU, Australia, Austria, Belgium, Canada, Panama, Spain, Mexico, New Zealand, Switzerland, and the United Kingdom also called for further discussions on the topic.
The Arab Group, the EU, the NAM, Palestine on behalf of 63 states, Australia, Ireland, Luxembourg, Mexico, New Zealand, Palestine, Spain, Tunisia, and Ukraine expressed concern about the effects or use of incendiary weapons, with many highlighting specific instances of use including in Lebanon, Gaza, Syria, and Ukraine.
Following the report adopted last year, which did not include language on incendiary weapons for the first time since 2011, this year reports is also silent on the topic.
Gender
The EU, Bolivia, Canada, Ireland, Mexico, Netherlands, Spain, and Sweden expressed support for integrating gender perspectives in the work of the CCW and other disarmament fora.
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