Keynote Speech

2022 Northeast, Southeast Asia and the Pacific Regional 

Regional Conference on International Humanitarian Law

Bringing IHL Home - A focus on weapons, means and methods of warfare

Ambassador PARK Yong min

Deputy Minister for Multilateral and Global Affairs

Ministry of Foreign Affairs of the Republic of Korea

Wednesday, 2 November 2022

09:30 am

Korea Press Center

[Greetings]

Ms. Jamila Hammami, Head of ICRC Mission in Seoul,

Mr. Lee Sang Cheon, Secretary-General, the Republic of Korea National Red Cross,

Distinguished guests, ladies and gentlemen,

Good morning!

It is my great honor and pleasure to be part of this meaningful conference today.

First of all, I would like to extend my deepest appreciation to the ICRC staff in Korea for their valuable efforts to make this event possible.

My special thanks and personal congratulations go to Ms. Hammami, who has recently taken up her position as Head of the ICRC Mission here in Seoul. Her commitment and enthusiasm in this field will certainly make a huge contribution to promoting international humanitarian law (IHL) in Korea and beyond.

I would also like to thank the distinguished experts and government officials who have traveled a long way to attend this important gathering.

[IHL and ICRC]

Let me begin by touching upon a few basics of IHL.

The specific purpose of IHL is to limit the effects of armed conflict, to protect people who are not participating in the hostilities and to regulate the means and methods of warfare.

For almost one hundred and sixty years, the ICRC has been a driving force behind the promotion and development of IHL. The history of the ICRC parallels the history of the codification of IHL. Its main objective has always been to ensure the protection of and assistance for victims of armed conflict. 

Since the first Geneva Convention was signed in 1864, the global community has agreed to a series of additional rules, striking a balance between humanitarian concerns and the military requirements of individual nations. Today, a major part of IHL is found in the four Geneva Conventions of 1949. Nearly all nations in the world have agreed to be bound by the Conventions. 

We commend the ICRC’s ongoing efforts in this field. One of the most recent ICRC initiatives was the publication entitled “Bringing IHL Home: Guidelines on the National Implementation of International Humanitarian Law.” The guidelines are based on a resolution adopted at the 33rd International Conference of the Red Cross and Red Crescent in December 2019. They have re-energized national commitments and boosted efforts to implement IHL.

As the third anniversary of the resolution is approaching, holding this conference today seems timely and appropriate. This conference will be a valuable opportunity to share our experiences and challenges in implementing IHL.

[Korea and IHL]

This brings us to my second point - the efforts of the Republic of Korea to promote and implement IHL.

In 2002, Korean Government established its National Committee for IHL. For the past 20 years, the Committee has held annual meetings with the Ministry of Defense and other related ministries, along with the Korean Red Cross and other IHL experts.

The Committee has carried out a variety of activities in the field of IHL, including making recommendations on implementing IHL and ratifying IHL treaties.

As witnessed in the war in Ukraine, the threats posed by conventional weapons and weapons of mass destruction must not be underestimated. Accordingly, the Korean Government remains committed to the framework of the UN Convention on Certain Conventional Weapons (CCW) and the Arms Trade Treaty (ATT).

In relation to the ATT, Korea recently assumed the Presidency of its ninth Conference of States Parties. As a steadfast and long-standing supporter of the ATT, we have been implementing strict export controls to prevent the illicit transfer and diversion of conventional arms. I believe that our continued efforts to that end will make a meaningful contribution to international and regional peace and security.

[The Use of Explosive Weapons in Populated Areas]

Next, the war in Ukraine is calling our renewed attention to the danger of explosive weapons used in populated areas, which have a devastating impact on civilians and civilian objects. A growing number of nations have expressed the need to strengthen compliance with the existing IHL framework to enhance the protection of civilians in urban warfare.

I would like to stress that all parties to armed conflicts must comply with IHL under all circumstances, including when conducting military operations in populated areas. Accordingly, we welcome and appreciate the continued efforts of the ICRC to reduce the impact and humanitarian consequences of explosive weapons in these areas.

In this regard, the Republic of Korea actively participated in the discussions to draw up the “Political Declaration on Strengthening the Protection of Civilians from the Humanitarian Consequences Arising from the Use of Explosive Weapons in Populated Areas.” This Declaration marks the culmination of almost three years of consultations between concerned States and civil society.

We look forward to the High-Level Conference to be held in Dublin on November 18th where the Republic of Korea will endorse the Political Declaration. I sincerely hope that the other States in the Asia-Pacific region will also join this Declaration.

[New Technology and IHL]

Given the main theme of this conference, now I would like to address some new technologies of warfare and the recent moves to regulate them at the international level.

Of course, technological developments have brought society great convenience and connectivity. At the same time, however, technology has also significantly advanced military operations and tactics, which may have severe humanitarian consequences. The war in Ukraine is evidence of how new technologies have shifted traditional warfare. The question is how these technologies can be regulated under the current IHL framework. Today, among those new technologies, I would like to highlight two topics which are Lethal Autonomous Weapon Systems (LAWS) and cyber attacks.

(LAWS)

First, I would like to touch upon Lethal Autonomous Weapons Systems (LAWS). The Group of Governmental Experts on LAWS established under the framework of the CCW, in which Korea has been actively participating, continues to discuss proposals on possible measures and options to deal with these weapons.

Although there are some different understandings of terms such as “human judgment”, “control” and “involvement”, many countries share the view that the human element is and must remain central in regulating the use of force. We should keep in mind that States and individuals must be held accountable when they plan and conduct attacks in violation of the UN Charter and Geneva Conventions.

(Cyber Attacks)

The second topic we have to pay attention to is cyber attacks by new technologies. In addition to the use of military technology on land, at sea, in the air and in space, cyberspace has become the fifth domain of warfare. This is dramatically changing the paradigm of war. The frequent and simultaneous use of cyber attacks together with physical weapons in the military operations in the Ukraine war has shown us that the war conducted in hybrid formats would be more common phenomenon in the future. At the same time the consideration of the national security and policy of each State on the cyberwarfare would be of great significance.

We believe that international cooperation and close communication are important in preparing ourselves for cyber attacks that could have global effects. In this vein, the Open-Ended Working Group (OWEG) established by the UN General Assembly has been a productive platform for States to discuss and develop norms to promote responsible State behavior in cyberspace. With regards to the issue of IHL in particular, the Republic of Korea co-sponsored the joint letter to the Chair of the Group, along with 16 other countries, to reaffirm the priority we need to give to the application of IHL in cyberspace. The letter stated that IHL can offer fundamental protections and reduce risks and potential harm to both civilians and civilian objects, such as IT infrastructure in hospitals and schools, from cyber operations in the context of armed conflicts. Korea plans to continue to play a constructive role in the OEWG and the discussions to help tackle the legal challenges posed by the threat of cyberattacks.

In order to further participate in the international efforts to combat cyber crime, last month the Republic of Korea expressed its interest in acceding to the Budapest Convention on Cybercrime of the Council of Europe. 

[Weapons Review]

Finally, I’d like to briefly discuss procedures to evaluate the legality of new weapons. Article 36 of the Additional Protocol I to the 1949 Geneva Conventions requires States to conduct legal reviews of all new weapons, means and methods of warfare in order to determine whether their use is prohibited by international law. In this regard, the ICRC produced the Guide to the Legal Review of New Weapons, Means and Methods of Warfare – the main topic of this very conference.

Unfortunately, weapons review cannot guarantee the legality of new weapons. Nations are not obliged to disclose the weapons they are developing, and the standards and interpretation of each nation may be subjective and even arbitrary. However, despite the drawbacks of this fragmented legal system, it will serve as an important national measure to regulate new weapons and means of warfare. We believe that the ongoing discussions on weapons review will contribute to advancing our national efforts to develop a systemized weapons review system. 

[Closing]

I would like to conclude my remarks by mentioning the ICRC’s emblems - the red cross, red crescent or red crystal - on a white background. While these are familiar to general public, what many people do not know is that they are not just emblems. The emblems themselves are an integral part of IHL. In armed conflicts, the emblems provide legal protection to hospitals and medical personnel. A deliberate attack on a person or a building carrying the emblem constitutes a war crime under international law.

One of the objectives of this conference is to promote the national implementation of IHL. National implementation will certainly benefit from the general public’s understanding of the law – just like the public awareness of the ICRC’s emblems. I’m sure that today’s conference will be a great step in this direction.

Once again, I would like to thank the ICRC staff for organizing this conference and all of you for joining us.

Thank you for listening!   /END/