Statement by Ambassador Bob Rae, Ambassador and Permanent Representative of Canada to the United Nations, Security Council Open Debate on the Protection of Civilians in Armed Conflict

25 May 2022 – United Nations Security Council

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Thank you, Mr. President.

Mr. President, I would like to express on behalf of my government and the people of Canada our deep sorrow at the events yesterday in Texas. You and your delegation, and your country, are very much in our thoughts and prayers.

I would like to thank the United States for convening today’s Open Debate, and to the briefers for their sharing their perspectives.

The Secretary-General’s report on the Protection of Civilians captures deeply concerning trends:

There are more armed conflicts today than at any point since the end of the Second World War.

Forced displaced, global hunger, and humanitarian needs are all at the highest levels we have seen in many years.  

And violence targeting civilians and civilian infrastructure is increasing – and becoming deadlier.

Tragically, we are witnessing this daily in Ukraine, where there is still no end in sights to the horrors of what has been called the Russian war machine, “the atrocity factory,” as one scholar has called it.  

The Russian Federation’s unprovoked and illegal invasion of Ukraine has cast a glaring spotlight on two problems clearly undermining the protection of civilians in armed conflict: the abuse of the veto power; and second, the glaring lack of accountability for violations of international law.  

We all know the first line of the UN Charter. Today, despite that promise to “save succeeding generations,” this generation is suffering from the scourge of war. And it is the civilian population – children, women and men – who bear the brunt of armed conflict.

Any discussion on the protection of civilians in armed conflict must address the peace and security architecture of the UN – including the Security Council veto.

The recent resolution adopted by the General Assembly opens the door for greater – and needed – scrutiny of every veto, and will give all Member States the chance to consider recommendations for collective measures instead of a blocked Security Council.

When armed conflict does arise, the laws of war are uncontroversial: they protect those who are not, or no longer, taking part in hostilities. And they prohibit means and methods of warfare that cause unnecessary suffering. Were parties to armed conflict to scrupulously follow the law, we would not be here discussing humanitarian access and, most important, the vast majority of harm to civilians and civilian objects would be avoided.

Yet, we continue to witness these violations, whether it is in Ukraine, Syria, the Democratic Republic of Congo, Ethiopia, or Myanmar, and many others. Attacks, and I must say, deliberate attacks, on hospitals, schools, homes and essential infrastructure have become all too familiar, carrying devastating effects for women and children, the disabled, those least able to protect themselves in particular. Non-compliance and a lack of accountability mean there is less space for humanitarian actors.

Sometimes our instinct, Mr. President, when we are faced with these horrors is to do something: to pass a resolution, or create new laws. But I wonder if that’s really the right approach?

We think, first of all, that we have to examine ourselves. What are we doing to make sure that international humanitarian law, the protocols and conventions that we’ve passed, are actually now built into our domestic laws, what we do nationally, and what our practices really are.

Second, we have to make sure that there is scrupulous adherence to international humanitarian law by our state and non-state partners.

Third, where parties to armed conflict commit serious violations, we must hold them to account: first of all, diplomatically, through collective sanctions, militarily, by supporting governments, as in the case of Ukraine, that are defending themselves under Article 51 of the Charter, and legally through prosecution at the International Criminal Court, cases before the ICJ, and other bodies.

Mister President,

Our solidarity is our strength. We need to collectively build a stronger incentive structure for compliance with international law, and reinforce the Protection of Civilians architecture that has been built by this Council over the past two decades.

In Ukraine, our solidarity has taken the form of unprecedented sanctions against the government of the Russian Federation, and through the determination to hold its armed forces accountable for clear patterns of violations of international law.

There should be no place in this world where the most serious violations of international law may be committed with impunity.

Russia’s unprovoked and illegal actions in Ukraine shock the conscience of humankind. But its horrific conduct has reinforced our collective will to defend the very international order that it is attempting to undermine.

And we must use the same collective will to protect those suffering in conflicts around the world, at the hands of too many whose actions – in flagrant violations of the rules of war and humanity – continue with little accountability.