November 2024 Monthly Forecast

Posted 31 October 2024
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THEMATIC ISSUES

Protection of Humanitarian and UN Personnel

Expected Council Action

In November, the Security Council will hold an open briefing on the Secretary-General’s recommendations on measures to prevent and respond to attacks against humanitarian and UN personnel, which the Council requested through resolution 2730 of 24 May. The UK, the Council president for the month, is convening the meeting. Representatives of the Office for the Coordination of Humanitarian Affairs (OCHA) and the UN Department of Safety and Security (UNDSS) are expected to the brief. A civil society representative may also participate.

The Secretary-General’s recommendations are being drafted jointly by OCHA and UNDSS and are due to the Council by 25 November.

Background and Key Recent Developments

In recent years, the eruption and intensification of several conflicts around the world have exacerbated challenges to humanitarian action and threats faced by humanitarian personnel in conflict. According to the Secretary-General’s most recent annual report on the protection of civilians (PoC), which was issued on 14 May and describes the state of PoC in 2023, 91 humanitarian workers were killed, 120 wounded, and 53 abducted last year. This does not include Gaza, where the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) alone lost 142 staff members in conflict-related violence between October and December. Preliminary numbers from the Aid Worker Security database indicate that 2024 has been similarly dangerous for humanitarian personnel: in total, 234 workers have been killed, 79 kidnapped, and 132 abducted so far this year.

Moreover, in addition to direct threats of physical violence against aid workers, the Secretary-General’s report describes several other constraints on humanitarian action. These include bureaucratic and administrative impediments imposed by host states, such as restrictions on the recipients, timing, and type of aid provided, which violate humanitarian principles and may serve to politicise aid delivery. The report also cites misinformation, disinformation, and hate speech—especially on digital platforms—as a growing challenge that discredits humanitarian actors, undermines trust among local populations, and creates additional security risks for humanitarian personnel.

Resolution 2730—penned by Switzerland—sought to address these issues. Among other provisions, the resolution recalled the primary responsibility of host states for the security and protection of UN and humanitarian personnel; expressed grave concern about the growing number of attacks, acts of violence, and threats against such personnel; recalled the obligation of all parties to armed conflict to comply with international humanitarian law (IHL); and underlined the obligations of all parties to armed conflict under IHL related to protecting civilians and civilian objects, including allowing and facilitating the rapid, safe, and unhindered passage of humanitarian assistance.

The scope of the resolution encompassed the protection of humanitarian and UN and associated personnel, including national and locally recruited personnel, and their premises and assets. It addressed several direct threats to their safety and security, such as the indiscriminate use of explosive devices, as well as indirect ones, including the spread of misinformation and use of information and communication technologies (ICTs) to target humanitarian operations. It also condemned the unlawful denial of humanitarian access and the deprival of civilians of essential objects, which impede relief efforts and exacerbate conflict-induced food insecurity​​.

The resolution placed a particular emphasis on accountability. It urged countries to conduct “full, prompt, impartial and effective” investigations of violations of IHL and international human rights law committed against humanitarian and UN personnel and to take action against those responsible, in accordance with domestic and international law, “with a view to reinforcing preventive measures, ensuring accountability and addressing the grievances of victims”. It also urged countries to prosecute persons allegedly responsible for serious IHL violations and to cooperate with domestic, regional, and international courts and tribunals “in accordance with States’ respective obligations”.

The resolution also established or expanded several reporting requirements for the Secretary-General. Among other requests, it asked him to submit to the Council, within six months, recommendations on measures to prevent and respond to attacks against humanitarian and UN personnel and to brief the Council on this matter no later than 12 months after the adoption of the resolution and on a yearly basis thereafter. Additionally, the resolution requested him to report “swiftly” to the Council when “widespread issues” regarding the safety and security of humanitarian and UN personnel occur, expressing the Council’s intention to give its “full attention” to such situations when they are brought to the Council’s attention.”

Like resolution 2730, the Secretary-General’s recommendations are expected to emphasise the obligation of parties to armed conflict to uphold IHL and the need to ensure accountability for violations. While stressing the primary responsibility of national authorities in this regard, the recommendations may call for more consistent action by the Security Council when member states are unable or unwilling to discharge this responsibility. Measures to this end could include the establishment of investigative mechanisms (such as the UN Investigative Team to Promote Accountability for Crimes Committed by Da’esh/ISIL) or the referral of a conflict situation to the International Criminal Court (such as the situations in Darfur and Libya). On the political track, the recommendations may urge actors with influence in a conflict situation to exert diplomatic pressure on the parties to ensure compliance with their obligations under international law.

The recommendations may also propose redress mechanisms, such as reparations for victims and survivors of attacks on humanitarian personnel, and advocate for more systematic consultations with those directly affected by such attacks when devising responses to the issue. Additionally, the recommendations may note that threats of physical violence, while grave, are less common than other impediments to humanitarian action that receive less attention—such as the harassment and detention of aid workers, the politicisation and criminalisation of aid delivery, and misinformation and disinformation targeting aid operations—all of which also require dedicated efforts to address.

Key Issues and Options

An overarching issue for the Security Council is to support efforts to ensure compliance with IHL as the number of violations is increasing in armed conflicts around the world. Preventing, responding to, and ensuring accountability for attacks against humanitarian and UN personnel is an important component of such efforts.

In this regard, the Council could consider issuing a product in connection with November’s briefing to welcome the Secretary-General’s recommendations and to commit to the implementation of those directed at the Council. Such measures could include the more systematic application of multilateral accountability mechanisms to address violations, such as international courts, tribunals, and fact-finding missions.

In addition to receiving briefings by OCHA and UNDSS, the Council could consider inviting a civil society briefer to speak on behalf of victims of attacks on humanitarian and UN personnel, ensuring that those directly affected by the issue participate in the discussion.

Council and Wider Dynamics

Member states generally agree that the protection of civilians remains a core issue on the Council’s agenda and that of the broader UN.

This consensus largely extends to the safety and security of humanitarian and UN personnel. Resolution 2730 was adopted by a vote of 14 in favour, with Russia abstaining, and was co-sponsored by 97 member states. In its explanation of vote, Russia acknowledged the importance of the issue but objected to the resolution’s reference to international courts, its proposed parameters for ensuring humanitarian access, and its gender-related language.

More broadly, views diverge regarding the applicability of different frameworks for the provision of humanitarian assistance. While Western members typically refer to the humanitarian principles of humanity, neutrality, impartiality, and independence, other members—particularly China and Russia—have emphasised the UN guiding principles for humanitarian assistance adopted by the General Assembly in 1991, which stress state sovereignty and consent of the concerned member state.

In recent years, these diverging interpretations have combined with rising geopolitical tensions to create rifts beneath member states’ unanimous rhetorical support for humanitarian action and IHL. For instance, Western countries have condemned alleged IHL violations by Russia in Ukraine, while Russia and many Arab countries have condemned alleged violations by Israel in Gaza and criticised Western countries for supporting Israel’s war effort. This has led to accusations of hypocrisy and double standards from both sides.

The UK is the Council’s penholder on protection of civilians in armed conflict.

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UN DOCUMENTS ON PROTECTION OF CIVILIANS

Security Council Resolution
24 May 2024S/RES/2730 This was a resolution on the protection of humanitarian personnel and UN and associated personnel and their premises and assets.
Secretary-General’s Report
14 May 2024S/2024/385 This was the Secretary-General’s annual report on the protection of civilians in armed conflict.

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