Arria-formula Meeting on Upholding International Law in Situations of Armed Conflict
Tomorrow afternoon (16 September), Pakistan will convene an Arria-formula meeting on upholding international law in situations of armed conflict. Briefings are expected from the Head of the Humanitarian Policy and Planning Section at the UN Office for the Coordination of Humanitarian Affairs (OCHA), Aurelien Buffler; the Permanent Observer and Head of Delegation of the International Committee of the Red Cross (ICRC) to the UN, Elyse Mosquini; the Director of Research and Head of the Brian Urquhart Center for Peace Operations at the International Peace Institute (IPI), Jenna Russo; and a civil society representative.
The meeting, which will start at 3 pm EDT in Conference Room 6 at UN Headquarters, will be broadcast on UNTV. In addition to Council members, participation is open to all UN member states, permanent observer missions, and relevant UN entities.
Pakistan has circulated a concept note in preparation for the meeting, which outlines several objectives for the discussion. It asserts that the meeting aims to reaffirm the centrality of the UN Charter, international humanitarian law (IHL), and applicable international human rights law (IHRL) to the maintenance of international peace and security and the protection of civilians. It further strives to assess the effects of violations of international law in armed conflict on civilians; to identify measures to enhance compliance with international law by parties to armed conflict; and to explore how consistent application of international law can contribute to preventing the recurrence of armed conflict, addressing its consequences, and generating conditions for sustainable peace. An additional objective of the meeting is to examine how the Security Council can use its tools to more effectively enhance respect for international law.
The concept note poses several questions to help guide the discussion, including:
- What are the principal challenges to compliance with IHL and applicable IHRL in contemporary armed conflict and how can they be addressed?
- What practical measures can strengthen the protection of civilians, humanitarian and medical personnel, civilian infrastructure, and cultural and religious heritage during armed conflict?
- How can monitoring, fact-finding, and accountability mechanisms more effectively prevent serious violations of international law and deter their recurrence?
- How can the Security Council promote more consistent and non-selective compliance with international law and strengthen implementation of its relevant resolutions?
During tomorrow’s meeting, Council members are expected to highlight the importance of upholding international law, including the UN Charter. Some members may underscore the need for adherence to particular principles in the Charter, such as the general prohibition on the use of force outlined in Article 2(4) and the requirement for states to settle their disputes by peaceful means in Article 2(3). Some participants might refer to the increasingly frequent breaches of international law in some files on the Council’s agenda, including violations of IHL, IHRL, and international criminal law, while calling for an end to impunity and greater accountability for perpetrators. In this regard, conflicts in Gaza, Sudan, Ukraine, and Yemen, among others, may be referenced. Concerns may also be voiced about double standards regarding the application of international law, with criticism of member states that are seen to be selectively interpreting the UN Charter in ways that align with their strategic interests.
There may be calls for the more consistent implementation of the Council’s thematic resolutions related to the protection of civilians and respect for international law in situations of armed conflict. In this regard, reference may be made to resolution 2286 of 3 May 2016 on the protection of health care personnel and facilities in armed conflict. Council members are currently negotiating a thematic draft resolution on the protection of the medical mission in conflict. Denmark proposed the draft resolution, framing it as a successor text to resolution 2286. Speakers may also mention resolution 2417 of 24 May 2018 condemning the use of starvation of civilians as a method of warfare and resolution 2730 of 24 May 2024 on the protection of humanitarian personnel and UN and associated personnel and their premises and assets, among others. Concerns about inadequate implementation of Council resolutions are longstanding and were the focus of a 23 June Arria-formula meeting organised by China and Pakistan, which was titled “Bridging the Implementation Gap: Security Council Resolutions and the Maintenance of International Peace and Security”.
Some members may also call for the Council to make better use of instruments in the UN Charter to help maintain international law, protect civilians, and prevent and resolve conflicts. These include Chapter VI tools related to the peaceful settlement of disputes—such as negotiation, mediation, and inquiry—as well as accountability measures outlined in Chapter VII, including sanctions.
The work of the International Criminal Court (ICC) may also be a focus in the meeting. Several Council members view the court as an important tool for international justice that promotes the fight against impunity. Others have been highly critical of the ICC, viewing it as a threat to national sovereignty or a tool that has been corrupted by double standards.
Tomorrow’s meeting continues a focus by Pakistan on rule of law issues this year. In addition to the Arria-formula meeting it convened with China on the implementation of resolutions in June, Pakistan also organised an Arria-formula meeting on 30 January titled “Upholding the Sanctity of Treaties for the Maintenance of International Peace and Security”.
The Council’s most recent formal meeting on the rule of law was held on 26 January, a high-level open debate convened by Somalia and titled “Reaffirming international rule of law: Pathways to reinvigorating peace, justice, and multilateralism”.
