A/HRC/39/31
was on mitigating the impacts of armed conflict, protecting civilians and upholding the
principle of humanity. Thus parties to the Convention on Prohibitions or Restrictions on the
Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious
or to Have Indiscriminate Effects had adopted restrictions and prohibitions on, for example,
the use of incendiary weapons and blinding laser weapons in order to alleviate the suffering
of the victims of war. States parties were expected to continue the codification and
progressive development of the rules of international law applicable in armed conflict and
more recently had held talks in response to concerns raised by the increasing autonomy in
weapons systems.
17.
Ms. Brehm emphasized that disarmament could help guard against the erosion of
long-standing legal principles for the protection of the human person. Debates on science,
technology and weaponization included the question of how new weapons and evolving
practices of armed violence accorded with existing norms and shaped their future
development. Furthermore, disarmament practice could also help support the international
rule of law, as illustrated by many States’ reaffirmation of their commitment to a rulesbased international system in reaction to the use of chemical weapons and recent threats to
use nuclear weapons.
18.
Promoting the rule of law required respect for human rights. While international
humanitarian law remained the dominant legal framework for humanitarian disarmament,
some instruments explicitly recognized the human rights dimension of weapons and armed
violence. Notably, States increasingly accepted a duty to respond to the needs and realize
the rights of survivors of anti-personnel landmines, cluster munitions and the remnants of
other explosive weapons. Both the Convention on Cluster Munitions and the Treaty on the
Prohibition of Nuclear Weapons contained provisions under which States assumed an
obligation to provide assistance to survivors and other affected persons, without
discrimination, including medical care, rehabilitation and psychological support, and to
provide for their social and economic inclusion in accordance with human rights law. States
had also assumed increasing responsibilities in relation to the aftermath of weapons use.
For example, clearance of contaminated land was a key duty assumed by States parties to
the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of AntiPersonnel Mines and on Their Destruction; the Protocol on Explosive Remnants of War to
the Convention on Prohibitions or Restrictions on the Use of Certain Conventional
Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate
Effects (Protocol V); and the Convention on Cluster Munitions. Under the Treaty on the
Prohibition of Nuclear Weapons, States parties also assumed an obligation to take measures
for the environmental remediation of contaminated areas. That was consistent with the
recognition in the treaty of the grave implications of nuclear weapons for human survival,
the environment, socioeconomic development, the global economy, food security and the
health of current and future generations.
19.
Beyond measures in relation to particular weapon types, recent humanitarian
disarmament debates had also provided an opportunity to engage with more systemic issues
that obstructed peace within and between societies. In particular, gendered aspects of armed
violence and the differential impacts of weapons had been problematized, for example in
relation to so-called signature drone strikes and other applications of algorithm-based
targeting and in relation to the use of explosive weapons in populated areas. Furthermore,
States parties to the Arms Trade Treaty accepted a duty to assess the risk that weapons
proposed for export might be used to commit or facilitate a serious violation of
international human rights law or international humanitarian law, including serious acts of
gender-based violence. Victim assistance under those instruments had to be age and gender
sensitive. The preamble of the Treaty on the Prohibition of Nuclear Weapons
acknowledged the disproportionate impact of ionizing radiation on women and girls and the
disproportionate impact of nuclear-weapon activities on indigenous peoples. Ms. Brehm
also noted discussions about the lack of inclusiveness and diversity in forums and bodies
that deliberated on and made decisions about disarmament policy.
20.
Ms. Brehm stressed that disarmament processes offered an important chance for
transformation towards more peaceful and less violent ways of resolving conflicts, for
example by changing the perception of threats in the relations between actors and by
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