Opening Remarks by Ms Sue van der Merwe, Deputy Minister of Foreign Affairs, on the Occasion of the 7th Annual ICRC Regional Seminar on International humanitarian Law (IHL), Sheraton Hotel, Pretoria, 05 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 bring together people with expertise in various areas of International Humanitarian Law. 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, organized 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 international humanitarian law 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 peace-keeping 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 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 Gentlemen

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 UNICEF is demobilizing reintegrating 3500 former child soldiers. International organizations 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 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, 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 challenge towards the realisation of our objectives. While progress is being made with regards to the consolidation of international humanitarian law, 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 (IFRC) 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 organization 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 International Humanitarian Law (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 international humanitarian law instruments that guarantee the promotion, protection respect for people and their right and development.

In addressing violations of international humanitarian law, 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.