Mr. Moderator,
The law of naval warfare must be adapted to the realities of modern conflicts in order to effectively fulfill its protective function.
Existing treaties specifically addressing naval warfare have, to a large extent, become outdated due to the rapid modernization and increasing complexity of maritime operations.
We thank you for the document presented on workstreams 7. With a view to the preparation of the next version of the document, the Cuban delegation proposes the inclusion of the following elements in a clear manner:
An explicit prohibition, under any circumstances, of the pursuit, attack, blockade or capture of vessels transporting fuel, medical supplies, food, and other essential goods.
An explicit prohibition, under any circumstances, of the pursuit, attack, blockade or capture of vessels engaged in humanitarian relief operations, including those transporting supplies indispensable for the survival of the civilian population, and those engaged in rescue and relief operations.
An explicit prohibition on declaring, maintaining or applying a blockade, blockade-like measures, or other maritime interdiction operations, or any other method of warfare, where it violates the prohibition of causing starvation, disease, famine, and other harm to civilians as a method of warfare.
Recognition of the prevention of hunger, food insecurity, and famine as an essential component of States’ obligations under International Humanitarian Law to safeguard the welfare, security, and protection of civilian populations affected by naval conflicts.
Civilians and civilian objects on land and at sea must not be attacked under any circumstances and must be protected from the dangers of naval warfare, including blockades and starvation.
Naval operations in or near territorial waters must unconditionally respect State sovereignty, the right to fisheries exploitation, food security, and civilian maritime traffic.
Naval operations must respect, in all circumstances, the rights and security interests of archipelagic and coastal States under international law, including the protection of civilian navigation, fishing, and maritime connectivity.
An explicit prohibition of attacks and other intentional damage against submarine communication cables and offshore pipelines.
An obligation for belligerents to notify search and rescue authorities of non-belligerent coastal States about shipwrecks within their areas of responsibility, without imposing conditions that hinder humanitarian rescue.
A prohibition on the use of nuclear weapons in the maritime domain.
An obligation for the States concerned to promptly investigate violations of International Humanitarian Law in the maritime domain, and to ensure reparations for victims.
Thank you very much.