Antonia Mulvey at UNGA79: Restoring the centrality of IHL in today’s armed conflict – Reaffirming the obligation to ensure and uphold respect for IHL 

Restoring the centrality of IHL in today’s armed conflict- Reaffirming the obligation to ensure and uphold respect for IHL 

79th Session of the UN General Assembly in New York

Wednesday, 25 September 2024 

Do we want the rule of law or the rule of chaos – that is the question that we must ask ourselves.  

From Ukraine to Sudan to Myanmar to Gaza and beyond we witness repeated and horrific violations of international humanitarian law (IHL). And in response we repeatedly discuss how we should uphold and restore IHL – because if we don’t then we are endorsing a world in which breaches of international law are the norm – a lawless world – a world which should frighten all of us. 

But the question remains – how can we uphold and restore IHL? 

I believe that we have the tools to do this, but we are not putting them sufficiently into action.  

We must empower victims to speak out – silence only serves perpetrators and enablers. 

And if victims have the courage to speak out then we must have the courage to act – to use the law not only as a shield but as a sword. 

We must take collective legal action – in domestic, regional and international courts. Using all branches of law – domestic, international human rights and international criminal law to uphold IHL. 

We need to send a clear message to perpetrators – if you commit violations, you will be held accountable.  

And let us be clear – accountability cannot rest solely with the ICC. Many states where massive violations take place have not ratified the Rome Statute. Civil society, NGOs, and states must act – making justice accessible and showing that litigation is neither out of reach nor overly burdensome.  

Working together, we can uphold IHL. NGOs can file cases on behalf of victims. State prosecutors have the power to open investigations under principles of universal jurisdiction, and to request crucial evidence from UN Mechanisms, Fact-Finding Missions, Commissions of Inquiry, and even the ICC’s Office of the Prosecutor.  

Justice cannot be an aspiration. Accountability and reparations cannot be unachievable. 

At Legal Action Worldwide we know that both are possible – we represent thousands of victims and survivors of grave breaches of IHL – they want justice and accountability, and we take legal action in their defence – in the last two months alone we have filed two war crimes cases against individuals who have breached IHL – and more are to come.  

In July we filed a third landmark case against Russia on behalf of Ukrainian victims who were killed in an airstrike. And last month, an Argentinian court requested arrest warrants for 22 senior Myanmar officials for crimes against the Rohingya – we represent the only witnesses who gave in person testimony-  six of them women who suffered from or witnessed sexual violence – I will never forget what one of them said to me when she returned to Bangladesh – ‘ Who would have thought that we women would hold the Myanmar military to account’. 

In June 2024, the CEDAW committee made a landmark decision to protect the identities of 35 South Sudanese women and girls who were victims of sexual violence from South Sudanese military, in their case against their state. It took Legal Action Worldwide seven years of hard work to achieve this milestone. 

And we are pioneering a new project designed to support humanitarian organizations and aid workers in their pursuit of justice for acts of violence against them. By employing creative legal strategies, the project seeks to challenge long standing impunity and transfer blame from humanitarian organisations to those who have perpetrated the violations.  

Distinguished colleagues. It is a shame that we will pass on to future generations the burden of wars and conflicts. But let us at least leave them with a legacy of accountability and a deep sense of justice, ensuring that their future will be guided by fairness and unity, rather than strife and inequality.  

Let us be bold, let us take a new path, let’s stand together to uphold the rule of law and international humanitarian law. 

I thank the kingdom of Belgium and the European Union for organising this event with the co-sponsors Mexico, Jordan and Indonesia. 

Antonia Mulvey 

Founder and Executive Director  

Legal Action Worldwide (LAW)