Madam Coordinator,
Cuba notes with appreciation the revised text before us, which appropriately recognizes the cascading and cumulative effects of attacks on civilian infrastructure, particularly in urban environments.
The protection of both infrastructure and personnel operating critical essential services is fundamental.
We support the strict preservation of the concept of “military objective” under Article 52 of Additional Protocol I to the Geneva Conventions, namely the cumulative two-pronged test and the presumption of civilian status in case of doubt.
We appreciate the call in the document to respect and strengthen the special protection afforded to hospitals, dams, nuclear power plants, cultural property, facilities containing hazardous substances, and the assets of impartial humanitarian organizations. Such enhanced protection must be implemented in military practice, not only in statements of principle.
Cuba shares the requirement that any loss of protection must be exceptional, individualized, and proportional, considering the impact on the essential services that such infrastructure supports.
We support the explicit prohibition of the use of explosive weapons with wide-area effects in populated areas.
Madam Coordinator:
The striking levels of damage and destruction to civilian infrastructure referred to in the document are not, in essence, the result of legal ignorance or technical deficiencies. They are primarily the consequence of deliberate policy choices that are contrary to IHL.
The solution to this problem is, therefore, not solely technical or doctrinal. Real political will is required, as well as establishing mechanisms for effective accountability by those responsible for the damage, and guaranteeing victims' access to justice and reparation.
Thank you.