(as delivered)
Statement by H.E. Ambassador Motohide Yoshikawa
Permanent Representative of Japan to the United Nations
At the Open Debate of the United Nations Security Council
On the Protection of Civilians in Armed Conflict
19 January 2016
Señor Presidente,
En primer lugar, quisiera dar la bienvenida al Excelentísimo Señor José Luís Cancela, Subsecretario de Relaciones Exteriores de Urguay.
My gratitude also goes to Mr. Jan Eliasson, Deputy Secretary-General, Ms. Christine Beerli, Vice President of the International Committee of the Red Cross (ICRC) and Ms. Eveline Rooijmans, Senior Humanitarian Policy Advisor of OXFAM for their briefings. I add my voice to others to praise humanitarian workers of the United Nations, ICRC, OXFAM and other humanitarian NGOs for their tireless efforts, often with a risk of life, to help those who are suffering in armed conflicts.
Today’s topic, protection of civilians in armed conflict, is one of the most pertinent subjects that the Security Council has to deal with. The appalling situation in Syria, which this Council has been discussing intensively for years, illustrates vividly the importance of this issue.
Japan associates itself with the statement to be delivered later by Switzerland on behalf of the “Group of Friends of the Protection of Civilians in Armed Conflict”. Since the statement by Switzerland will cover many aspects mentioned in the concept note by the Presidency, I would like to focus my intervention upon two points only, compliance and accountability.
As the last Secretary General report submitted in June 2015 points out, ensuring compliance in armed conflicts remains a challenge to the international community. The 32nd International Conference of the Red Cross and Red Crescent, which took place only one month ago in Geneva, was a rare opportunity for the international community to demonstrate its commitment to strengthening compliance with the International Humanitarian Law (IHL).
One of the important outcomes that many of us expected to see was the adoption of comprehensive mechanisms and strengthening of the normative framework of IHL. Very regrettably, however, we failed to reach an agreement. Mechanisms which strongly encourage relevant parties to comply with IHL are more than ever awaited. Member States should strive ceaselessly in a more inclusive manner to establish such mechanisms. On this issue, Japan will continue to engage in discussions with other Member States.
Mr. President,
When compliance fails, accountability must play its role. Effective accountability deters non-compliance. I believe we have a unique tool to enhance accountability when national judicial systems are not sufficient, which is the International Criminal Court (ICC). Recently, we have witnessed a case where the ICC completed its first judicial cycle on crimes committed against civilians, which included 1) issuance of arrest warrant, 2) surrender of the defendant, 3) trial, 4) judgment, and 5) a sentence served. In this case, it took more than eight years to complete this cycle.
I am fully aware that Member States of the United Nations have varying views and perspectives on the ICC. But it is the first permanent international criminal court, not an ad hoc court, which can hold accountable perpetrators of crimes committed against civilians. With 123 States Parties, which is very close to two-thirds of the entire membership of the United Nations, the ICC can be the most effective tool available to ensure accountability. Therefore, I would like to strongly encourage Member States which have not done so to become States Parties to the ICC. Let us make the Court more universal so that we can effectively deter crimes committed against civilians. I believe that the Security Council, on its part, can do more to enhance cooperation and communication with the ICC. To these ends, Japan is willing to work together with the Member States in and outside the Council.
Mr. President,
In conclusion, I would like to refer to the importance of promoting human security (seguridad humana) while protecting civilians. In my view, it is not sufficient to simply protect civilians from physical harm. Their human dignity (dignidad humana) must also be protected. Vulnerable people in armed conflicts cannot recover their dignity if they are left in extreme poverty and fear. They need to be empowered to become constructive actors in their communities by such ways as improving health care system and education. Japan, being a strong advocate of human security, will further strengthen humanitarian and development assistance to address such needs.
Por último, Sr. Presidente, ya es casi una de la tarde. Hemos empezado este debate hace tres horas. Todavía se queda un miembro del Consejo de Seguridad. Hay gran número de representantes que están esperando. Tenemos 74 oradores hoy. Creo que nosotros, el Consejo de Seguridad, necesitamos poner un órden, poner un límite de tiempo para que todos los miembros de las Naciones Unidas que quieran participar en el debate, puedan hablar antes de las 5:30pm. (It is almost 1pm. We started this meeting three hours ago. Still one member of the Security Council remains. We have 74 speakers today. I think that we, the Security Council, need to have some order to put a time limit so that all members of the United Nations who want to speak will be able to speak before 5:30pm.)
Gracias.
