The protection of civilians in armed conflicts

Civilians today constitute the vast majority of victims in armed conflicts, with a large number being women and children. France recognizes the serious humanitarian concerns related to the excessive and indiscriminate use of explosive weapons in areas where large numbers of civilians are present. This use is likely to cause civilian casualties and the destruction of essential infrastructure, hindering the sustainable return of displaced populations and the re-establishment of normal living conditions. France deems it essential to promote the protection of civilians in all United Nations activities.

In its first resolution 1265 (1999) on this issue, the UN Security Council affirmed that situations characterized by serious violations of international humanitarian law and human rights (particularly targeted attacks against civilians) could constitute a threat to international peace and security.

Even though the protection of civilians is primarily the responsibility of states, all parties must ensure the protection of civilians and health personnel, and respect the obligations arising from international humanitarian law and international human rights law.

Civilian protection is to be considered from various perspectives:

Unrestricted and timely humanitarian access

France attaches great importance to respect for international humanitarian law, essential to ensuring access to populations in distress. Humanitarian aid must be able to be delivered in a safe and unhindered manner.

In this spirit, France is actively involved in UN negotiations aimed at guaranteeing unrestricted and timely humanitarian access and protecting humanitarian and medical personnel.

In 1988, at France’s initiative, the UN General Assembly unanimously adopted a resolution proclaiming the principle of free access to victims of natural disasters and other emergency situations for intergovernmental and non-governmental organizations (resolution 43-131 of December 8, 1988 and resolution 45-100).

Resolution 1502, adopted by the Security Council in 2003 (among others), and an annual resolution adopted by the General Assembly (the latest being resolution 74/116 adopted on December 16, 2019), condemn acts of violence against humanitarian personnel, UN personnel, and associated personnel. They demand that crimes against these personnel not go unpunished, affirm the duty to protect such personnel by all parties to an armed conflict, and call for unrestricted and timely humanitarian access to all those in need of assistance.

France and Germany have made the protection of humanitarian and medical personnel, and more broadly, the strengthening of respect for international humanitarian law a priority during their presidencies at the Security Council in March and April 2019. In September 2019, they issued a Call to Humanitarian Action, endorsed by 47 states to date.

In peacekeeping operations

The protection of civilians is at the core of peacekeeping mandates.

Resolution 1674, adopted in 2006, sets out the general normative framework for the Security Council’s action on the protection of civilians in armed conflicts. This resolution includes provisions in the mandates of UN peacekeeping missions to:

• Protect civilians in case of imminent threat to their physical integrity
• Prevent and respond to sexual violence
• Facilitate humanitarian assistance
• Ensuring security in refugee camps and the surrounding areas as well as the security of the people living there
• Create conditions conducive to their voluntary and safe repatriation.

A Security Council working group on the protection of civilians meets before any mandate renewal to receive a briefing from the Office for the Coordination of Humanitarian Affairs on the situation of civilians in the country or region concerned. France and the United Kingdom took the initiative to create this group in late 2008.

Specific civilian groups

Millions of civilians are victims of conflicts. Particularly vulnerable populations, such as women or children, have become prime targets. Additionally, sexual violence is used in many conflicts as a weapon of war against civilians; women and girls are particularly affected.

The Security Council has adopted several key resolutions in this regard, notably:

• Resolution 1612 (2005) on children and armed conflicts, reaffirmed by resolution 2427 (2018)
• Resolution 1325 (2000) on women, peace, and security, reaffirmed by resolution 2493 (2019)
• Resolution 1820 (2008) on sexual violence in armed conflicts, reaffirmed by resolution 2467 (2019)
• Resolution 1738 (2006) on the protection of journalists, media professionals, and associated personnel targeted in conflict situations, and resolution 2475 (2019) on the disproportionate impact of armed conflicts and resulting humanitarian crises on persons with disabilities.