Sixth Committee (Legal) — 79th session

Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts (Agenda item 81)

Documentation

Summary of work

Background (source: A/79/100)

The item entitled “State of signatures and ratifications of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of international armed conflicts (Protocol I) and the protection of victims of non‑international armed conflicts (Protocol II)” was included in the agenda of the thirty-seventh session of the General Assembly at the request of Denmark, Finland, Norway and Sweden (A/37/142).

At its thirty-seventh session, the Assembly decided to include in the provisional agenda of its thirty-ninth session an item entitled “Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts: report of the Secretary-General” (resolution 37/116). The Assembly had the item on its agenda biennially at its thirty-ninth to forty-fifth sessions (resolutions 39/77, 41/72, 43/161 and 45/38).

At its forty-fifth session, the Assembly decided to include in the provisional agenda of its forty-seventh session an item entitled “Status of the Protocols Additional to the Geneva Conventions of 1949 and relating to the protection of victims of armed conflicts” (resolution 45/38). The Assembly has had the item on its agenda biennially since then (resolutions 47/30, 49/48, 51/155, 53/96, 55/148, 57/14, 59/36, 61/30, 63/125, 65/29, 67/93, 69/120, 71/144, 73/204, 75/138 and 77/107).

At its seventy-seventh session, the Assembly allocated the item to the Sixth Committee, where statements in the debate were made by 32 delegations (see A/C.6/77/SR.16-17). The Assembly requested the Secretary-General to submit to it at its seventy-ninth session a report on the status of the Additional Protocols relating to the protection of victims of armed conflicts, as well as on measures taken to strengthen the existing body of international humanitarian law, including with respect to its dissemination and full implementation at the national level, based on information received from Member States and the International Committee of the Red Cross (resolution 77/107 ).

Consideration at the seventy-ninth session

The Sixth Committee considered the item at its 35th, 36th and 38th meetings on 5, 6 and 22 November 2024. (see A/C.6/79/SR.35, 36 and 38).

Statements were made by the representatives of the European Union (also on behalf of its member States (the candidate countries North Macedonia, Montenegro, Serbia, Albania, Ukraine, the Republic of Moldova, and Bosnia and Herzegovina, as well as San Marino aligned themselves with the statement), Sweden (on behalf of Nordic countries (Denmark, Finland, Iceland, Norway and Sweden)), Australia (on behalf of Canada, New Zealand and Australia (CANZ)), Brazil, Slovenia, Poland, Austria, Armenia, Cuba, Ireland, Israel, Portugal, Sierra Leone, the United States of America, Switzerland, Chile, Saudi Arabia, the Philippines, the Islamic Republic of Iran, the United Kingdom of Great Britain and Northern Ireland, China, the observer of the Observer State of Palestine and the representatives of Kuwait, Colombia, Guatemala, Mexico, Algeria, Monaco, the Maldives, Lebanon (on behalf of the Group of Arab States), the Russian Federation, El Salvador, Azerbaijan, Singapore and Slovakia.

A statement was also made by the observer for the International Committee of the Red Cross.

The representative of Israel and the observer of the Observer State of Palestine spoke in the exercise of the right of reply.

Delegations generally welcomed the most recent report of the Secretary-General (A/79/174) and reaffirmed their strong commitment to the full implementation of international Humanitarian Law (IHL) and the need for all parties to respect IHL, recalling the centrality of the Geneva Conventions and the Protocols Additional thereto in this context. Delegations also highlighted the 75th anniversary of the 1949 Geneva Conventions.

Several delegations called for wider participation in the Protocols as well as in other relevant IHL instruments and for greater compliance with their content, including the 1980 Convention on Certain Conventional Weapons, the 2008 Convention on Cluster Munitions, the 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict, alongside the declarations on Safe Schools and the Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences arising from the use of Explosive Weapons in Populated Areas.  Delegations also referred to their national legislation and best practices to substantiate their commitment to comply with IHL. A number of delegations expressed concern for ongoing conflicts  and  possible violations of IHL.

Several delegations commended the role and contribution of the International Committee of Red Cross (ICRC) in the development of IHL and humanitarian affairs. Several delegations referred to the participation in the recent 34th International Conference of Red Cross and Red Crescent Movement in October 2024 and to the resolutions adopted therein.

Delegations emphasized the importance of protecting civilians in armed conflicts, in particular children and women, humanitarian workers, medical personnel and journalists. Some delegations stressed the need to discuss current issues such as the development of new weapons, protection of the environment and cultural property, and modern warfare in cyberspace and outer space. The importance of the implementation of Security Council resolutions 2286 (2016) on the protection of medical personnel and facilities, and 2730 (2024) on the protection of civilians in armed conflict was recalled.

Several delegations stressed that many rules contained in the Additional Protocols reflected customary international law, and as such, must be complied with, while others expressed concerns with respect to the Protocols and the legal status of some of the provisions contained therein.

A number of delegations drew attention to their respective national implementation measures regarding IHL, and invited States to incorporate IHL into national policies, military manuals, and legal frameworks.

A number of delegations expressed support for and  called to accept the competence of the International Humanitarian Fact-Finding Commission established in accordance with Article 90 of the Additional Protocol I. Several delegations emphasized the importance of accountability for serious violations of international humanitarian law and expressed support for the work carried out by the International Criminal Court. Reference was also made to mechanisms of cooperation such as the Ljubljana – The Hague Convention on International Cooperation in the Investigation and Prosecution of Genocide, Crimes against Humanity, War Crimes and other International Crimes.

Archived videos and summaries of plenary meetings

Video   35th meeting (5 November 2024, 10:00am – 1:00pm) | Summary

Video   36th meeting (6 November 2024, 10:00am – 11:30am) | Summary

Video   38th meeting (22 November 2024, 10:00am – 1:00pm) | Summary

Action taken by the Sixth Committee

At its 38th meeting on 22 November the representative of Sweden, also on behalf of Afghanistan, Albania, Armenia, Australia, Austria, Belgium, Bolivia (Plurinational State of), Bosnia and Herzegovina, Bulgaria, Canada, Chile, Colombia, Costa Rica, Croatia, Cyprus, Czechia, Denmark, Estonia, Finland, France, Gabon, Gambia, Georgia, Germany, Greece, Guatemala, Honduras, Hungary, Iceland, Ireland, Italy, Jordan, Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Monaco, Montenegro, Netherlands (Kingdom of the), New Zealand, Norway, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Slovakia, Slovenia, Spain, State of Palestine, Sweden, Switzerland, Tunisia, Uganda, Ukraine, Uruguay and Zambia introduced draft resolution A/C.6/79/L.17 and announced that Bangladesh, Belize, Congo, the Democratic Republic of the Congo, the Dominican Republic, Egypt, Japan, Lebanon, North Macedonia, Serbia, South Africa, Sierra Leone, the United Kingdom and the United Republic of Tanzania had joined in sponsoring the draft resolution.

The representative of the Russian Federation (on behalf of Belarus, the Democratic People’s Republic of Korea, Nicaragua, the Russian Federation and Syria), spoke in explanation of the position before action was taken on the draft resolution.

The representative of Switzerland (on behalf of the European Union and its Member States, and also Albania, Australia, Bosnia and Herzegovina, Canada, Chile, Congo, Costa Rica, Georgia, Guatemala, Honduras, Iceland, Japan, Liechtenstein, Lesotho, Mexico, the Republic of Moldova, Montenegro, New Zealand, North Macedonia, Norway, the Republic of Korea, San Marino, Sierra Leone, Senegal, Ukraine, the United Kingdom, and Vanuatu) spoke. The representative of Burundi spoke in explanation of the position before action was taken on the draft resolution.

The Committee adopted draft resolution A/C.6/79/L.17, without a vote.

The representatives of Andorra and Israel spoke in explanation of their position after the adoption of the draft resolution. The observer for the Observer State of Palestine (on behalf of Algeria, Bahrein, Djibouti, Egypt, Iraq, Jordan, Kuwait, Lebanon, Libya, Mauritania, Morocco, Oman, Qatar, Saudi Arabia, Tunisia, the State of Palestine, the United Arab Emirates, and Yemen) spoke. The representatives of Israel, Yemen and the observer for the Observer State of Palestine spoke on a point of order.

Under the terms of the draft resolution, the Assembly would, inter alia, reaffirm the necessity of making the implementation of international humanitarian law more effective, and support its further strengthening and development. The Assembly would also welcome the important role of relevant regional forums in promoting respect for international humanitarian law and disseminating knowledge of international humanitarian law in the respective regions. It would also take note of various Security Council resolutions on the protection of civilian objects in armed conflicts, children affected by armed conflicts as well as journalists, media professionals and associated personnel in situations of armed conflict. It would also welcome the increasing trend of voluntary submissions transmitted to the Secretary-General.

Subsequent action taken by the General Assembly

This agenda item will next be considered at the eighty-first session (2026).

Full texts of submissions (A/79/174)

State Original submission Translation
Austria English  
Azerbaijan English  
Belgium French  
Burkina Faso French  
Cabo Verde Spanish English
Colombia Spanish  
Czech Republic English  
El Salvador Spanish  
Guatemala Spanish  
Ireland English  
Italy English  
Niger French  
Peru Spanish  
Poland English  
Saudi Arabia Arabic English
Senegal French  
Slovenia English  
Switzerland French  
United Kingdom of Great Britain and Northern Ireland English  
 
Observer Original submission Translation
ICRC English  

 

Quick Links

Key Documents

Resources