Eesti sõnavõtt teisel formaalsel valitsustevahelise protsessi kohtumisel tugevdamaks austust rahvusvahelise humanitaar seaduse vastu

Genf, 10 aprill 2017

Thank you Mr Chair

Estonia commends the ICRC for the report, whichwe consider as complete, accurate in fact and comprehensive in relevantsubstance as to the existing mechanisms dealing with IHL. With regard to ourapproach to the report, interpreting its conclusions and the next steps totake, we are glad to echo statements made by Norway and others.

To begin with, we consider it unnecessary tofurther assess the effectiveness of the existing mechanisms. This is firstlydue to such assessment being outside the scope of the agreed mandate of thisprocess, as has been previously mentioned by several delegations. Morefundamentally for us, the question is not whether the current mechanisms areeffective in fulfilling their tasks, but whether their scope is sufficient forreaching the goals that we set in Resolution 2. We therefore proposeconcentrating on the question of scope, rather than effectiveness.  

Regarding the scope of the current mechanisms,we recognize the importance of avoiding duplication in this process, also raisedby a number of States today. However, the conclusion that Estonia has drawnfrom this report is that none of the current mechanisms, as they exist today,fulfil all of the criteria for strengthening IHL that we set by consensus atthe 32nd Conference.

Now, if thisconclusion is contested and it is proposed that such a mechanism does in factexist, we ask for these States to present that mechanism and explain how itfulfils all of the criteria that we have together agreed upon in Resolution 2.

Until such a proposal has been brought to ourattention, we consider that: the ICRC report is conclusive, that no qualifyingmechanism exists, and that therefore a gap exists. Estonia looks forward toconcentrating on how we could overcome this gap, proceeding with the discussionon features and functions of the possible forum of States. This discussioncould also inform us about the possible concerns regarding the potential ofthat forum to fulfill all of the established criteria, and the steps we couldtake to overcome them.

Thank you