S van der Merwe: Annual ICRC Regional Seminar on International
Humanitarian Law

5 June 2007

Madame Gendre
Your excellencies
Distinguished delegates
Ladies and gentlemen

It is a great pleasure and honour to join you for this seventh annual
seminar, that brings together people with expertise in various areas of
International Humanitarian Law (IHL). The work done by forums such as these is
critical in the global campaign by all progressive forces to create a more just
and social world.

As part of its foreign policy, South Africa strives to contribute to the
formulation of international law and enhance respect for its provisions. Last
year I recall we talked of the millions of people, particularly in Africa, who
continue to face threats posed not only of war and conflict, but also of
terrorism, weapons of mass destruction, organised crime and civil violence.

The nature of armed conflict is increasingly changing. Those conflicts
between states account for only a small proportion of overall conflicts and
many conflicts are now waged between non-state actors, consisting of groups
within countries, or by armed groups against States. Small arms that are
illegally traded fall into the hands of such groups that use them against other
armed forces or groups, and against civilians.

It seems that in the 21st century the world has become a less safe place.
International terrorism has stamped its evil footprint on these first few years
of the 21st century with tragic consequences. And the role of states themselves
in defeating terrorism has brought into question respect for IHL during times
of conflict.

South Africa deplores any disregard for International and International
Humanitarian Law, where civilians and non-combatants become the victims of
conflict and indiscriminatory weapons. And Madame Gendre has mentioned cluster
munitions and their consequences.

There are more compelling reasons than ever to strive for universal values
that will underpin our policies and priorities in order to provide hope for
humanity as a whole.

In his report entitled "A more secure world", former Secretary General, Kofi
Anan, argued that "we must be able to articulate an effective and principled
counter-terrorism strategy that is respectful of the rule of law and the
universal observance of human rights."

In this regard, a major part of our foreign policy agenda on the African
continent has been to actively engage in mediation as well as participating in
peacekeeping operations in conflict situations in Africa and beyond. We believe
that working within the framework of international law and in concert with
other countries and multilateral institutions, we will be able to tackle
current conflict challenges while at the same time creating awareness for the
respect of human rights in conflict situations as well as a general respect for
international humanitarian law.

As part of our commitment to consolidating the African Agenda, we continue
to be a partner in peacekeeping operations on the continent and we have more
than 2000 soldiers committed to peacekeeping operations on the Continent in
Burundi, Comoros, Cote d'Ivoire, the Democratic Republic of Congo (DRC),
Ethiopia/Eritrea and Sudan. South Africa also continues to play an active role
in all aspects of disarmament, arms control and non-proliferation as these
relate to both weapons of mass destruction and conventional arms, including
small arms, light weapons and anti-personnel mines. While actively promoting
and supporting the non-proliferation of weapons of mass destruction, with the
goal of promoting international peace and security, South Africa will also
continue to promote the importance of ensuring that non-proliferation controls
do not become the means whereby developing countries are denied access to
advanced technologies required for their development.

Ladies and hentlemen
You will recall that one of the conclusions of the Seminar in 2006, was that
participants noted the problem of child soldiers and recommended that States
take appropriate action to alleviate this problem, including ratification and
implementation of IHL obligations on child soldiers, including the Optional
Protocol to the Convention on the Rights of the Child. This problem is of
concern for not only the region, but also the continent. In the DRC alone
United Nations International Children's Emergency Fund is demobilising
reintegrating 3 500 former child soldiers. International organisations have
similar projects in Liberia, Sudan and Uganda, to name but a few countries.

South Africa has ratified a number of significant IHL instruments, including
the Geneva Convention as well as Optional Protocols I and II, the International
Criminal Court Statute, the Hague Convention, the Biological and Chemical
Weapons Convention, the Landmine Ban Treaty (Ottawa Treaty) and the
Conventional Weapons Conventions.

South Africa has also signed the Optional Protocol to the Convention of the
Rights of the Child on the involvement of Children in Armed Conflict, in 2002,
its passage through parliament is complete and the final process for
ratification has been initiated.

We are also addressing the delays encountered with the Geneva Conventions
Bill through the National IHL Committee and the Plenary Defence Council. South
Africa is also in the process of finalising the Certain Conventional Weapons
Bill, the "Prohibition of mercenary activities and prohibition and regulation
of certain activities in areas of armed conflict" Bill, which repeals the
Regulation of Foreign Military Assistance Act of 1998, and the "Red Cross and
the Protection of Certain Emblems" Bill. Indications are that the latter Bill
has been finalised and will be signed into legislation before the end of the
year.

Ladies and gentlemen
I have already mentioned the importance we place on working in concert with
other countries and multilateral institutions to bring about respect for
international humanitarian law underpinned by universally shared values. We
believe that a reformed United Nations (UN) remains the only body that can
guarantee the achievement of these objectives. In this regard, a reformed and
more representative Security Council has a significant role to play given its
mandate for the maintenance of international peace and security. Our election
to serve a two years term as a non-permanent member on the UN Security Council
(UNSC), starting in 2007 has therefore been a very important milestone for us
in our drive to promote respect for international law.

South Africa's interventions in the Security Council have therefore been,
and will continue to be, informed by a desire to serve the interests of the
African continent and the developing world in particular, and the global
community in general to make a direct contribution to the work of the UN in the
maintenance of international peace and security. South Africa is guided in its
interventions by the need to respect the mandates of the respective UN organs
and independent multilateral bodies and to uphold international law, including
international humanitarian law.

For example, during our Presidency of the Council in March 2007, South
Africa introduced a debate for greater co-operation and co-ordination with
regional organisations and the UNSC, in particular the African Union. We
believe that deepening and broadening dialogue and co-operation between the
Security Council and amongst others, the Peace and Security Council of the
African Union would to contribute to tackling common security challenges.

Implementation of international humanitarian law remains one of the main
challenges towards the realisation of our objectives. While progress is being
made with regards to the consolidation of IHL, sadly it is often forgotten that
the emblems of the International Committee of the Red Cross (ICRC) and
International Federation of the Red Cross and Red Crescent Societies are
international symbols, allowing for the protection of victims and effective
humanitarian assistance in the midst of hostilities. When this is forgotten,
the protectors themselves become the victims.

The apparent increasing number of attacks on humanitarian personnel,
highlighted in recent media reports is of grave concern to us all. The outcome
of such actions affects again the most vulnerable, the elderly, women and
children, who consequently do not receive the support and assistance they
require for their survival.

South Africa supports the official mission of the ICRC as an impartial,
neutral, and independent organisation which aim to "protect the lives and
dignity of victims of war and internal violence and to provide them with
assistance". We also support co-ordination of international relief as well as
its work to promote and strengthen humanitarian law and universal humanitarian
principles and are thankful for the direct support the ICRC has given to us in
forming a national IHL Committee as well as in assisting Government with IHL
programmes in the fields of education and defence.

We continue to urge and encourage other countries to consider acceding to
all IHL instruments that guarantee the promotion, protection respect for people
and their right and development.

In addressing violations of IHL, it is our conviction that using
international criminal law yields the best results. However, experience
suggests that achievements through these mechanisms is only limited. Clearly,
we have our work cut out for us, but as the reports to be presented here today
will demonstrate, significant progress is being made. I hope that this current
round of deliberations will make further advances in the promotion and
protection of international humanitarian law as well as prosecution of
violators.

I wish you all the best in your deliberations.
I thank you.

Issued by: Department of Foreign Affairs
5 June 2007
Source: Department of Foreign Affairs (http://www.dfa.gov.za/)