VZCZCXRO6369
PP RUEHTRO
DE RUCNDT #0477/01 1502324
ZNR UUUUU ZZH
P 292324Z MAY 08
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC PRIORITY 4348
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE PRIORITY
RUEHGB/AMEMBASSY BAGHDAD PRIORITY 0673
RUEHBUL/AMEMBASSY KABUL PRIORITY 0217
RUEHGO/AMEMBASSY RANGOON PRIORITY 0248
RUEHTV/AMEMBASSY TEL AVIV PRIORITY 1852
RHEHNSC/NSC WASHDC PRIORITY
RUEHBS/USEU BRUSSELS PRIORITY
RUEHGV/USMISSION GENEVA PRIORITY 3247
RUEHRO/USMISSION UN ROME PRIORITY

UNCLAS SECTION 01 OF 03 USUN NEW YORK 000477 
 
SIPDIS 
 
DEPT FOR IO AND PRM; USAID FOR DCHA; NSC FOR PMARCHAM; 
GENEVA FOR NKYLOH 
 
E.O. 12958: N/A 
TAGS: PHUM PREF PREL SOCI UNSC XA UN PGOV
SUBJECT: U/SYG HOLMES ON PROTECTION OF CIVILIANS IN ARMED 
CONFLICT 
 
------- 
Summary 
------- 
 
¶1. (SBU)  Under Secretary-General for Humanitarian Affairs 
John Holmes briefed the Security Council May 27 on the 
subject of the protection of civilians in armed conflict. In 
addition to members of the Security Council, 21 other member 
states participated in the public discussion. Most voiced 
support for greater protection of civilians in armed 
conflict, particularly for women and children, and most also 
expressed concern about limitations on access for 
humanitarian workers and sexual and gender-based violence. 
Many called for an end to impunity for perpetrators of 
violence against civilians, citing the role of the 
International Criminal Court (ICC).  France used the 
opportunity to press for immediate humanitarian access in 
Burma, arguing the distinction between victims of armed 
conflict and victims of natural disasters is "academic."  The 
U.S., UK, Canada, and Croatia also raised access issues in 
Burma.  Others dealt at length with the plight of Palestinian 
civilians in Gaza.  Russia criticized the conduct of private 
security contractors in Iraq, asserting that states that hire 
them are responsible for violations of international law they 
commit.  The Russian PermRep also criticized MNF-I's 
detention of minors, and the detention of minors in Kabul and 
Guantanamo.  At the end of the open debate, the Security 
Council adopted a Presidential Statement (PRST).  The full 
PRST can be viewed at 
www.un.org/Docs/sc/unsc pres statements08.htm. 
Secretary-General Ban is scheduled to release a revised 
report on the Protection of Civilians in May 2009.  End 
Summary. 
 
--------------------- 
USG Holmes' Statement 
--------------------- 
 
¶2. (SBU)  USG Holmes noted that in the first five months of 
2008, more than half a million people have been displaced by 
conflict around the world.  He cited varying degrees of 
progress on the issue of protection of civilians - notably in 
Kenya, Cote d'Ivoire, Nepal, Timor-Leste, and Uganda - but 
lamented recent upsurges in violence in Burundi and southern 
Sudan.  Holmes stated that the full deployment of UN 
peacekeepers in Chad, the Central African Republic, and 
Darfur has the potential to significantly improve protection 
and assistance, if the peacekeeping missions are given full 
support and resources to fulfill their mandates.  Holmes 
expanded on three priority concerns related to civilians in 
conflict: the conduct of hostilities, sexual violence and 
humanitarian access.  Holmes concluded by supporting the 
Secretary-General's call for the formation of an experts 
group on the Protection of Civilians, a recommendation echoed 
by France and the UK, but opposed by Russia. 
 
Holmes: Conduct of Hostilities 
------------------------------ 
 
¶3. (SBU)  Holmes cited several places in reference to the 
conduct of hostilities: Afghanistan, Colombia, Darfur, Gaza, 
Iraq, Somalia, and Sri Lanka.  While expressing concern about 
civilian casualties resulting from "force-protection 
incidents" in Iraq and Afghanistan, Holmes praised the 
efforts of ISAF and "other international forces" in 
Afghanistan to minimize the risk of civilian casualties.  He 
also said "I do not for one second underestimate the 
challenge in Afghanistan, Iraq and other contexts of engaging 
an enemy... who see the surrounding civilian population as a 
shield from attack."  Holmes also encouraged continued and 
systematic inclusion in Security Council resolutions of 
provisions calling for all parties to conflict to comply with 
international humanitarian law including in resolutions 
authorizing multinational forces in Afghanistan and Iraq.  On 
Gaza, he said "Israeli air attacks and ground incursions 
continue to result in unacceptable Palestinian casualties." 
 
Holmes: Sexual Violence 
----------------------- 
 
 
USUN NEW Y 00000477  002 OF 003 
 
 
¶4.  (SBU)  Holmes reiterated the need for robust action to 
prevent and respond to sexual violence in armed conflict, 
including improved reporting on sexual violence provided by 
peacekeeping missions.  He stressed the need to translate 
zero-tolerance of sexual violence into action, particularly 
through addressing impunity for perpetrators.  With specific 
reference to the DRC, Holmes reaffirmed the importance of the 
Secretary-General's recommendation that consideration be 
given to establishing ad hoc judicial arrangements to support 
the national authorities in addressing sexual violence and 
the use of targeted sanctions. 
 
Holmes: Humanitarian Access 
--------------------------- 
 
¶5. (SBU)  Holmes stated that improving humanitarian access 
remains a key priority.  OCHA is developing a mechanism to 
enhance reporting and analysis on access constraints in 
conflict settings.  This analysis will be annexed to future 
reports of the Secretary-General on the protection of 
civilians.  Holmes described the many constraints to 
humanitarian access, and went on to note that although it is 
outside the scope of this report and debate on armed 
conflict, access following natural disasters, specifically 
Burma, is an issue of concern. 
 
Holmes: Expert Group on the Protection of Civilians 
--------------------------------------------- ------ 
 
¶6. (SBU)  In his October 2007 report, the Secretary-General 
recommended the creation of a Security Council expert group 
on the protection of civilians.  Holmes stressed the 
importance of such a group, and clarified that the UN is not 
proposing the establishment of a formal and bureaucratic 
subsidiary body of the Council but rather an informal forum 
for expert level discussions. 
 
-------------- 
U.S. Statement 
-------------- 
 
¶7. (SBU)  Ambassador Wolff delivered the U.S. statement, 
which focused on the four key challenges set out in the 
Secretary-General's report: access; sexual and gender-based 
violence; housing land and property issues related to 
displacement; and cluster munitions.  The statement also 
raised U.S. concerns about the limitations on access of 
humanitarian workers to Burma.  The full text of the 
statement can be found on the USUN website 
(www.usunnewyork.usmission.gov). 
 
------------------ 
Country Statements 
------------------ 
 
¶8. (SBU)  In addition to widespread support for the need for 
greater protection of civilians in armed conflict, 
particularly for women and children, the majority of 
delegations echoed the key themes of access, sexual and 
gender-based violence, and an end to impunity for 
perpetrators of violence against civilians.  Almost all 
stressed that national governments hold the primary 
responsibility for protection of their civilians.  Many 
recalled  the "Responsibility to Protect" principle.  In 
addition, several delegations urged increased support for the 
International Criminal Court and many called for a ban on 
cluster munitions. 
 
Burma 
----- 
 
¶9. (SBU)  French PremRep Ripert devoted his intervention to 
the humanitarian crisis in Burma, warning that "if the 
situation in Burma does not (quickly improve), France will 
not just stand by in the Council."  He argued that the 
distinction between victims of armed conflict and victims of 
natural disasters is "academic."  Croatia noted that 
civilians in natural disasters are as deserving of protection 
as civilians in armed conflict.  Canada and the U.K. also 
expressed concern about access in Burma. 
 
USUN NEW Y 00000477  003 OF 003 
 
 
 
¶10.  (SBU)  The Burmese PermRep stated that the most 
effective way to protect civilians in armed conflict is to 
resolve the root causes of the conflict, and closed by 
objecting to Holmes' reference to access concerns in Burma as 
well as attempts by some delegations "to use the debate to 
politicize a humanitarian issue caused by a natural disaster." 
 
Gaza 
---- 
 
¶11. (SBU)  Many delegations referred to the plight of 
Palestinians in Gaza.  The United Arab Emirates stated that 
Israel must be compelled to comply with the protection of 
civilians as set forth in the Geneva Conventions and "lift 
its inhumane and illegal blockade" on Gaza, a refrain echoed 
by other delegations including South Africa.  Qatar urged the 
Security Council to focus on the issue of protection in all 
occupied territories and stated that crimes against humanity 
must be addressed without selectivity.  The Palestinian 
representative condemned indiscriminate military assaults by 
Israeli forces and "systemic and grave human rights 
violations," including the deliberate obstruction of 
humanitarian access.  He called on the Security Council to 
hold Israel accountable and for the Council to take upon 
itself the responsibility to protect the civilian population. 
 In a lengthy statement, Syria criticized the Security 
Council for a policy of double standards in Gaza as well as 
the Golan.  The Syrian representative stated that civilians 
"under the yoke of foreign occupation" deserve the same 
amount of Security Council attention as civilians in cases of 
armed conflict. 
 
¶12. (SBU)  Israel identified the conduct of terrorist groups 
as one of the primary threats to safety and security of 
civilians, and noted that states must strike a balance 
between minimizing harm to civilians and fighting terrorism. 
Afghanistan also devoted most of its statement to the threat 
of terrorism, and stated that the actual number of civilian 
causalities in Afghanistan is often lower than reported.  The 
Afghan PermRep reported that in an effort to further reduce 
civilian causalities, international and Afghan forces are now 
relying on smaller bombs and new weaponry as well as improved 
coordination. 
 
Iraq 
---- 
 
¶13. (SBU)  South African PremRep Kumalo argued that 
militarily superior forces, including multinational forces, 
must not violate the principles of distinction and 
proportionality. Russian PermRep Churkin expressed concern 
about civilian casualties in Iraq, including women and 
children, resulting from the acts of private security 
contractors, and recalled that under international law the 
responsibility for such acts lies with the states that hire 
them.  He also criticized MNF-I for detaining minors and 
objected to the detention of minors in Kabul and Guantanamo. 
 
Experts Group 
------------- 
 
¶14. (SBU)   Canada, Costa Rica, France, Italy, Mexico, 
Panama, Peru, and Switzerland expressed support for an 
informal working group of experts.  Several delegations 
voiced cautious approval, including the U.K. and Japan. 
Russia called the proposal dubious and stated that an 
assessment of the working group on children in armed conflict 
would be needed before forming a new group on this topic. 
Colombia stated that existing institutional structures are 
sufficient. 
 
 
Wolff