VZCZCXYZ0001
RR RUEHWEB

DE RUCNDT #0086/01 0341609
ZNR UUUUU ZZH
R 031609Z FEB 09
FM USMISSION USUN NEW YORK
TO RUEHC/SECSTATE WASHDC 5759
INFO RUEHGG/UN SECURITY COUNCIL COLLECTIVE

UNCLAS USUN NEW YORK 000086 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PARM PREF PREL
SUBJECT: SECURITY COUNCIL HOLDS MEETING ON THE RESPECT FOR 
INTERNATIONAL HUMANITARIAN LAW (IHL) 
 
¶1.  Summary.  France, President of the Security Council, 
held a Security Council meeting January 29 to discuss: 
"Respect for International Humanitarian Law".  The French 
circulated a concept paper prior to the meeting describing 
their objectives which included an assessment by the Council 
of measures it has taken to address IHL issues and the 
results achieved.  Representatives from the UN Office for the 
Coordination of Humanitarian Affairs (OCHA), the UN Office of 
Legal Affairs (OLA), the Office of the UN High Commissioner 
for Refugees (UNHCR), the High Commissioner for Human Rights 
(OHCHR) and the International Committee of the Red Cross 
(ICRC) made statements, followed by all members of the 
Council. In her first address to the Council, Ambassador Rice 
underscored the Obama Administration's commitment to 
international law as evidenced by the President's early 
Executive Orders on detention facilities and highlighted 
situations in which observance of IHL is particularly 
relevant.  End Summary. 
 
¶2.  France's Permrep Ripert, warmly welcomed Ambassador Rice 
and noted that the "United Nations needs the United States as 
much as the United States needs the United Nations." 
Focusing on the subject of the meeting, Ripert said that 
there has been an increase in flagrant violations of IHL by 
different parties, resulting in unacceptable suffering.  He 
added that civilians have been targeted, used as human 
shields and subjected to disproportionate use of force. 
Providing a bit of a history on IHL, Ripert said that over 
the years, the Security Council has held thematic debates, 
focused on "children and armed conflict" and established 
international criminal tribunals in order to fight impunity. 
Nonetheless, he said that these measures have not been 
sufficient to curb violations of international humanitarian 
law and emphasized that the Security Council must act to 
promote compliance.  Ripert said that this was the first 
debate with a view toward the Security Council making further 
efforts during this 60th anniversary year of the adoption of 
the Geneva Conventions. 
 
¶3.  Ambassador Rice noted President Obama's actions during 
his first week in office in support of IHL such as the 
Executive Orders he signed to close the Guantanamo detention 
facility within one year and to order closure of all CIA 
detention facilities.  Several members of the Council and 
Member States observing the meeting (Burkina Faso, Egypt, 
France, Germany, Norway, Portugal, Slovakia, Switzerland, 
U.K.) commented privately after the meeting that they were 
impressed with and encouraged by the U.S. statement.  The 
full text of Ambassador Rice's statement can be found on 
USUN's website: 
www.usunnewyork.usmission.gov/press_releases/ 20090129_020. 
html. 
 
¶4.  Subsequent statements by Council Members followed the 
same trends presented by Ripert and several indicated they 
had recently addressed the issue of IHL in the Council's 
debate on Civilians in Armed Conflict.  Nearly all mentioned 
the problems in Gaza and the need for the international 
community to react quickly to open border crossings there and 
to provide access for humanitarian aid.  Many speakers 
thanked the ICRC for all that it does as the guardian of IHL. 
 The Russian Federation said that in regard to violations of 
IHL, the Security Council must refrain from selective 
approaches or "political protectionism". Some states referred 
to the "Responsibility to Protect" and the need to address 
situations where a government fails in its responsibility to 
its people.  Libya indicated that although the U.S. creation 
of the Guantanamo detention facility was a big mistake, it is 
grateful to President Obama for his recent action to close 
the facility.  The Vietnamese also applauded this 
development.  Another recurring theme was the possibility of 
resorting to the International Criminal Court to prosecute 
violators of IHL. 
 
¶5.  Although the other representatives of organizations who 
spoke made general statements, UN Legal Counsel Patrica 
O'Brien made a concrete proposal.  She suggested that the 
Security Council consider establishing a protected status for 
all United Nations premises as IHL has not recognized them as 
such.  The value, O'Brien said, in protecting UN premises is 
that many people consider them "safe havens" and significant 
casualties have occurred as a result.  Comment:  It was not 
clear what role the Legal Counsel envisions the SC would play 
in moving this idea forward.  O'Brien also said that the 
meeting's broad discussion of IHL should not be limited to 
the Security Council.  Her proposal may be an issue for the 
wider membership to consider.  End Comment. 
 
 
 
 
 
 
 
 
 
Rice