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UNITED NATION HUMAN RIGHTS

COUNCIL

PROMOTING GLOBAL CEASE FIRE AND CALL FOR THE


ACTION OF HUMAN RIGHTS

FEDERAL REPUBLIC OF GERMANY


Abbreviations used:

1. ICRC- International Committee of Red Cross


2. UNRWA- United Nation Relief and Works Agency for Palestine Refugees in the near
east
3. UNOCHA- United NAtions Office of Commision of Humanitarian Affairs
4.

GERMANY'S SPEECHES AND STATEMENTS AT THE UNITED NATIONS

COUNTRY BACKGROUND

Germany is a member of the United Nations, European Union, NATO, Council of Europe,
G7, G20, and OECD. It has the third-greatest number of UNESCO World Heritage Sites.

Basic Country Economic Statistics


ECOSOC Country Statistic

Treaties signed by Germany:

Germany has ratified the following UN human rights treaties:

1. International Covenant on Civil and Political Rights (ICCPR) and second Optional
Protocol
2. International Covenant on Economic, Social and Cultural Rights (ICESCR)
3. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (CAT) and optional Protocol
4. Convention for the Protection of all Persons from Enforced Disappearance (CED) and
CED Art.32
5. Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW)
6. Convention on the Rights of Persons with Disabilities (CRPD)
7. Convention on the Rights of the Child (CRC) and CRC-OP-AC - Optional Protocol
to the Convention on the Rights of the Child on the involvement of children in armed
conflict and CRC-OP-SC - Optional Protocol to the Convention on the Rights of the
Child on the sale of children child prostitution and child pornography
8. International Convention on the Elimination of All Forms of Racial Discrimination
(CERD)
9. International Convention on the Protection of the Rights of Migrant Workers and
Members of their Families

Germany’s State owned media-


1. Deutsche Welle- DW owned and funded by Federal Government of Germany
2. Deutschland.de -The Germany portal "deutschland.de" is a service provided by Fazit
Communication GmbH, Frankfurt-am-Main, in cooperation with the Federal Foreign
Office in Berlin.
THE CONFLICT OF ISRAEL-GAZA

UNDERSTANDING GERMANY’S FOREIGN POLICY ON THE


ISRAEL-PALESTINIAN CONFLICT:

For weeks now, the quantity of relief supplies crossing the border into Gaza has been
inadequate. The humanitarian situation remains disastrous, especially in the north of the Gaza
Strip. Following the brutal attack by the terrorist organisation Hamas on Israel on 7 October,
the civilian population in Gaza, too, is suffering the consequences of Hamas’ terror. The
supply of basic provisions and services for the civilian population has collapsed and hundreds
of thousands of people there, including many children, are lacking bare essentials, above all
food, water and medical care. It is therefore important that humanitarian assistance can be
distributed to the civilian population in Gaza quickly and without any obstructions. This has
been one of the focuses of Foreign Minister Baerbock’s five visits to the region since 7
October 2023.

Foreign Minister Baerbock has announced that Germany will once again increase its
humanitarian assistance for the people in the Palestinian territories.

The Foreign Minister stated on 29 February:

We are increasing our humanitarian assistance for Gaza by an additional 20 million euro. Yet
that is by far not enough. The number of lorries transporting life-saving food aid, medicine
and other supplies to Gaza has sharply decreased in recent weeks. This is unacceptable. The
Israeli Government must immediately enable secure and unhindered access for humanitarian
assistance. The International Court of Justice, too, has ordered it to do so. Following the
breakdown of public order in many parts of the Gaza Strip, the Israeli army must ensure that
humanitarian assistance can be successfully distributed. This brings overall assistance for the
Palestinian territories to around 238 million euro, with some 165 million euro in new funding
since & October 2023. Humanitarian Disaster in Gaza- German Foreign Office

The Israeli Government is still not allowing sufficient humanitarian assistance to enter Gaza.
Germany is therefore cooperating closely with partners in the region: Germany delivers relief
supplies to Egypt and Jordan so that they can be transported to Gaza from there. In February,
for instance, vital medicines were delivered to Jordan and subsequently used in Jordanian
field hospitals in Gaza.
Appointment of Germany’s Special Envoy for Middle East Humanitarian Issues is
coordinating Germany’s contribution:

Foreign Minister Baerbock appointed the seasoned career diplomat Deike Potzel as
Germany’s Special Envoy for Middle East Humanitarian Issues to coordinate Germany’s
contribution. In this role, she serves as a counterpart to US Special Envoy David Satterfield
and as a central German point of contact for stakeholders in the region. The Special Envoy’s
work is embedded in international efforts to mitigate the humanitarian crisis in which Gaza’s
civilian population finds itself as a result of Hamas’ terrorist attacks.
As part of humanitarian shuttle diplomacy in the region, the Special Envoy serves as a point
of contact for UN organisations (OCHA, UNRWA, WFP, UNICEF) and the ICRC as well as
international and regional partners. She is also in close contact with those responsible for
humanitarian assistance in the region and in our partners’ capitals. Her work builds on
Germany’s long-standing humanitarian commitment, as well as efforts for peace and stability
in the region.

Germany’s arms supplies to Israel


Which countries have stopped supplying arms to Israel? 15 February 2024
Weapons imported from Germany make up 28 percent of Israel’s military imports. Germany’s
military exports rose nearly tenfold in 2023 compared with 2022 after it increased sales to
Israel in November, according to figures from the German Economic Ministry. Germany
primarily supplies Israel with components for air defence systems and communications
equipment, according to the German press agency dpa.

Israel's allegation against UNRWA

The Allegation(30 January): Involvement of 12 employees in the 7/10 attack, 190


employees being militants associated to Hamas and PIJ militant groups, and 10% of the the
13000 employees having general connection with Hamas, according to Israel Intelligence
Dossier. USA halted funding on 26th January. "Israel presents video allegedly showing UN
aid worker taking body of Israeli on Oct. 7". Reuters. 17 February 2024.

Statement of Germany, Informal Plenary of the UN General Assembly, Briefing on the


Situation of UNWRA, 5 March 2024
UNRWA’s role is vital for the provision of basic services to the Palestinian people. It was absolutely
right that UNRWA acted immediately in light of allegations against staff of the organisation & that
Commissioner General Lazzarini took immediate action. 2/5

Until the end of the investigation, Germany, in coordination with other donor countries, will
temporarily not approve any new funds for UNRWA in #Gaza - in any case, no new commitments are
currently pending

Humanitarian aid continues. We recently increased our funding for @ICRC & @UNICEF by 7
million Euro. Since Oct. 7, we have financed with those humanitarian aid & development cooperation
funds that were channeled through @UNRWA the provision of essential basic supplies

Germany’s response to ICJ’s ruling on the Genocide in Gaza

What did the court rule? 26 January 2024, Reuters

The court ordered Israel to refrain from any acts that could fall under the Genocide
Convention and to ensure its troops commit no genocidal acts in Gaza. "At least some of the
acts and omissions alleged by South Africa to have been committed by Israel in Gaza appear
to be capable of falling within the provisions of the (Genocide) Convention," the judges said.

The ruling required Israel to prevent and punish any public incitements to commit genocide
against Palestinians in Gaza and to preserve evidence related to any allegations of genocide
there. Israel must also take measures to improve the humanitarian situation for Palestinian
civilians in the enclave, it said.

However, the court did not demand an immediate ceasefire in Gaza, something that Israel
says would allow Hamas militants to regroup and to launch new attacks on the country. The
court also said it was "gravely concerned" about the fate of hostages held in Gaza and called
on Hamas and other armed groups to immediately release them without conditions.

What the ICJ’s interim ruling means for Israel’s war on Gaza, 26th January,
Al-Jazeera

Foreign Minister Annalena Baerbock on the ICJ interim ruling on the Application of the
Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip
(South Africa v. Israel), 26 January 2024
The International Court of Justice has not ruled on the main substance of this matter but has
ordered provisional measures in relation to the request for the indication of such measures.
But these, too, are binding under international law. Israel must adhere to the Court’s order.

The Court also made it clear that Israel’s actions in Gaza follow the barbaric terror of 7
October and pointed out that Hamas, too, is bound by international humanitarian law and
must finally release all the hostages.

We will do everything in our power to support this, as well as the order to Israel to take
immediate measures to enable the provision of more humanitarian assistance to Gaza.

Why did Germany vote against the resolutions of the General Assembly requesting an
advisory opinion on the matter of Occupied Palestinian Territories?

STATEMENT AS OF 6 March 2024

We unequivocally condemn the construction approval that has been issued for additional
housing units in the West Bank, and we call on the Israeli Government to immediately
rescind its respective decisions. Israel’s policy of building settlements in the occupied
Palestinian territories is a grave violation of applicable international law and undermines all
endeavours with regard to a two-state solution.

We condemn all forms of terrorist violence in the strongest possible terms. However,
terrorism cannot be used as justification to advance illegal construction activities in the
occupied West Bank. The expansion of settlements poses a threat to peace and security for all
people throughout the region.

Germany has been pushing the EU to consider sanctions against the Israeli settlers who are
harassing the Palestinians in the West Bank. Because of the nature of the sanctions Germany
is pushing on, which cannot be enacted by Germany alone due to the free movement zone in
Europe, and therefore must be enacted by the entire bloc.

The Court should decline to answer the question put to it by the General Assembly because
an opinion by the Court would provide no guidance to the General Assembly, the questions
put the Court were of a predominantly political character, an advisory opinion would be
likely to hinder, rather than assist the ongoing diplomatic negotiations and political efforts
that aim to arrive at a resolution of the Middle East conflict, and the advisory jurisdiction of
the Court was being (ab)used to circumvent the principle that settling a dispute requires the
consent of the parties

Nicaragua’s case against Germany at the ICJ

Legal Basis of the application:

The decisive question is: can the Court rule on the allegations against Germany without
having to rule first on alleged violations of international law by Israel? In my view this is
impossible because a State can be held responsible for breaching the obligations to prevent
genocide or not to be complicit in genocide only if genocide was actually committed by
another State. Similarly, a breach of the obligation to ensure respect for international
humanitarian law presupposes that international humanitarian law is actually violated or that
there is at least a serious risk of such violations based on past violations by the other State. If
there were no established present or past violations of international humanitarian law, the
obligation to ensure respect would be based on pure speculation. With regard to Nicaragua’s
allegations against Germany, I cannot see how the Court could rule on them without first or at
the same time ruling on the alleged (past) violations of international law by Israel. Israel,
however, is not before the Court. As it is an indispensable party to the proceedings, the Court
does not have jurisdiction to decide the allegations against Germany.

The indispensable third-party rule does not concern the Court’s jurisdiction but relates to the
admissibility of the case. I assume that even at the provisional measures stage, Israel, or
better Israel’s absence, will be the elephant in the Great Hall of Justice. It is therefore
surprising that Nicaragua has not addressed this question at all in its application

THE HOLE IN THE APPLICATION:

The unfathomable atrocities of 7 October 2023 are not mentioned at all. Perhaps even worse,
the application in paragraph 6 speaks of “Palestinian paramilitary forces from Hamas
[attacking] the Israeli settlements located in the occupied Palestinian territories of Sderot,
Kfar Azza, Nir Oz and Be’ri.” The four settlements mentioned are all in territory which
according to the UN Partition Plan of 1947 was to be part of the Jewish State and which has
been part of Israel since 1948. This sentence either reflects ignorance or implicitly calls into
question Israel’s right to exist by labelling as “occupied Palestinian territories” territories
which are clearly part of Israel. If it were the letter, it would be very alarming and unbefitting
of an application to the ICJ. And, of course, referring to the atrocities as “attacks” by
“paramilitary forces” glosses over the fact that Hamas and other armed groups present in the
Gaza Strip killed more than 1,200 persons, injured thousands and abducted some 240 people,
many of whom continue to be held hostage. Actions which may be considered gross
violations of international humanitarian law, war crimes, crimes against humanity and,
possibly, genocide.

Nicaragua is not just bringing the case against Germany, it has also applied to intervene in the
case brought by South Africa against Israel. Unlike the interventions by third States in the
cases of Ukraine v. Russia and The Gambia v. Myanmar, Nicaragua is not intervening under
Article 63 of the ICJ Statute in order to assist the Court in construing the provisions of a
convention at issue in the case, but under Article 62 of the ICJ Statue, claiming that it has its
own interest in the case. That shows the strong feeling on the part of Nicaraguans to further
the Palestinian cause.

Nicaragua's grim reality: Investigation by UN experts reveals crimes against humanity


targeting civilians, including children and students, for political ends, 29 February 2024

Statement by the Federal Foreign Office on construction approval for additional Israeli
housing units in the occupied West Bank, 6 March 2024

Israel's Rafah offensive:

Israel’s Prime Minister Benjamin Netanyahu has approved plans for an attack on Rafah,
where 1.4 million displaced Palestinians have sought shelter, while planning to send a team to
further truce talks in Qatar after mocking a ceasefire proposal by Hamas as “ridiculous”.

A large-scale offensive in #Rafah cannot be justified. Over a million people have sought
refuge there and have nowhere to go. We need a humanitarian ceasefire now, so that the
dying ends and the hostages are finally released.

Foreign Minister Baerbock on the humanitarian situation in Gaza and increasing


humanitarian assistance by 20 million euro, 29 February 2024
Israel/Palestine: Statement by the Foreign Ministers of Austria, Belgium, Bulgaria, Croatia,
Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Italy,
Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia,
Slovenia, Spain and Sweden, 19 February 2024

Statement by Foreign Minister Annalena Baerbock prior to her departure for the Human
Rights Council in Geneva, 25 February 2024

Political talks in the midst of a conflict that knows nothing but dilemmas – Foreign Minister
Baerbock travels to Israel again, 14 February 2024

UNSC MEETING ON ISRAEL-GAZA CONFLICT

Adopting Resolution 2712 (2023), Security Council Calls for ‘Urgent and Extended’
Humanitarian Pauses in Gaza, Immediate Release of Hostages

Protection of civilians and enabling of immediate humanitarian assistance to Palestinians in


Gaza – Security Council Resolution – 2720 (2023)

Germany has been consistently one of the largest humanitarian donors in support of Gaza and
we will continue to be so. We have just increased our humanitarian assistance by a further 20
million EUR, supporting WFP, UNICEF and NGOs on the ground.

Since October 2023, the German Government has tripled her humanitarian assistance for the
civilian population in Gaza by more than 170 million EUR to a total of 250 million EUR to
date.
THE UKRAINIAN-RUSSIAN WAR

Denouncing Russia’s war in Ukraine, German Chancellor calls for upholding rules-based
global order, 20 September 2022

Russia is waging this war with one single objective: to seize Ukraine. Self-determination,
political independence do not count for Russia. And there’s only one word for this – this is
imperialism, plain and simple. The return of imperialism is not only a disaster for Europe, but
also a disaster for our global peaceful order.

The world is witnessing new fragmentation, the emergence of new wars and conflicts, and the
rise of major global crises.

“Some have seen this as a harbinger of a world without rules,” Our problem isn’t the absence
of rules. Our problem is the lack of willingness to abide by them and to enforce them.”

“The international order does not happen by itself. If we do nothing, then this Charter is but a
piece of paper, “This Charter calls on all of us to uphold its purposes and principles.”

GERMANY ON SUSPENSION OF RUSSIA FROM UNHRC:


According to the Press release of 7th April 2022, after the adjournment of the 11th Special
session of the General Assembly

ANTJE LEENDERTSE (Germany) said the thresholds to exclude a Member State from the
Human Rights Council are “gross and systematic human rights violations”. The Russian
Federation has obviously committed — and continues to commit — such violations. And it
is worth noting that it is not committing these violations on its soil, but on the territory of a
sovereign and independent neighbouring country. Germany has already contributed €3.5
million to OHCHR’s Human Rights Monitoring Mission in Ukraine, he said, encouraging
delegates to read its latest report. Berlin just decided to double its contribution to OHCHR to
€1 million in 2022. Welcoming the establishment of the Commission of Inquiry by the
Human Rights Council, she said her country will provide another €1 million and second
specialists in support of the International Criminal Court investigation.
Speech by Federal Foreign Minister Annalena Baerbock at the United Nations Security
Council: Anniversary of Russia's full-scale invasion against Ukraine, New York, 23 February
2024

German Statement at UNSC Briefing on “Maintenance of peace and security of Ukraine”, 10


January 2024

Besides drones from Iran, Russia fired – for the first time – ballistic missiles produced by
North Korea. The transfer of these weapons constitutes a direct violation of binding Security
Council resolutions that Russia itself voted for.

To exercise its legitimate right of self-defence under Article 51 of the UN Charter, Ukraine
relies on international support. We have taken a lead role in the supply of air defence systems.
They directly contribute to saving lives.

Russia’s unjustifiable war affects us all. We must not allow attacks on sovereign countries
and neo-colonial attempts to grab their land. An aggressor must never prevail.

That being said, what can the international community do to end this tragedy? First, we must
press the aggressor to cease its unlawful invasion. The GA resolutions and the ICJ’s
provisional measures must be implemented. Second, we must support Ukraine in defending
itself as long as the aggression continues. Third, we must create a foundation for a just and
lasting peace. President Zelensky’s peace formula clearly outlines a viable way forward.
Finally, perpetrators of war crimes must be held accountable.

In closing, we once again call on Russia to immediately and unconditionally cease all its
military operations, and to withdraw its troops from Ukraine.

HUMANITARIAN AID PROVIDED BY GERMANY:

How Germany is supporting Ukraine

TWEETS ON RUSSIA:

The pseudo-election in #Russia is neither free nor fair, the result will surprise nobody. Putin's rule is
authoritarian, he relies on censorship, repression & violence. The "election“ in the occupied territories
of #Ukraine are null and void & another breach of international law.
Putin wants to nip the Ukrainians' desire for freedom in the bud. The security of the whole of Europe
is at stake. It is important to extend the winter protective shield over #Ukraine. As Germany, we will
expand our support to Ukraine on this.

Together with more than 40 other countries, we strongly condemn the Democratic People’s Republic
of Korea’s (#DPRK) export and Russia’s procurement of DPRK ballistic missiles, which violates UN
Security Council resolutions and undermines the global non-proliferation regime

Conflicts and crises exacerbate injustices. Russia is not only attacking Ukraine, but also the UN
Charter. It is beneficial to everyone if we all abide by our common rules

CRC

Article 8

1. States Parties undertake to respect the right of the child to preserve his or her identity,
including nationality, name and family relations as recognized by law without unlawful
interference.

2. Where a child is illegally deprived of some or all of the elements of his or her identity,
States Parties shall provide appropriate assistance and protection, with a view to
re-establishing speedily his or her identity.

Article 9

1. States Parties shall ensure that a child shall not be separated from his or her parents against
their will, except when competent authorities subject to judicial review determine, in
accordance with applicable law and procedures, that such separation is necessary for the best
interests of the child. Such determination may be necessary in a particular case such as one
involving abuse or neglect of the child by the parents, or one where the parents are living
separately and a decision must be made as to the child's place of residence.
THE SYRIAN CRISIS

On this day 13 years ago, the Syrian people took to the streets in peaceful protest to demand
their freedom and respect for human rights. The Assad regime met these protests with a
ruthless campaign of oppression and atrocities that continues to this day. Since March 2011,
the Syria conflict has led to the deaths of more than 500,000 people, and the forced
displacement of more than half of the Syrian population. The co-ordinated efforts of the
United Kingdom, United States of America, France and Germany are focused on ending the
suffering of the Syrian people. We also continue to press for accountability and justice,
calling for the release of civilians arbitrarily detained. We welcome and support the work of
organisations such as the Commission of Inquiry and the International Independent and
Impartial Mechanism, which document the crimes perpetrated in Syria And further welcomes
its latest report to the General Assembly and urges all member states to assess the
recommendations made by it to the member states with special emphasis to the 7th clause
urdging requesting member states to (h) To engage with the Mechanism on how it can assist
national justice actors in addressing the experiences of a broad range of victims/survivors and
achieving more inclusive justice, in line with its victim/survivor-centred approach. , and the
newly established UN Independent Institution for Missing Persons in Syria

The war in Syria is not over. During the last year, the suffering of ordinary Syrians has
continued apace, whether at the hands of the Assad regime, its allies, or Daesh terrorists.
Since October, the Assad regime has stepped up its ruthless bombardment campaign,
impacting civilians living outside areas under its control. With the support of Russia, the
Assad regime has conducted attacks across north-west Syria, resulting in over 500 civilian
casualties and the displacement of over 120,000 people. We call for an immediate end to
these attacks. Northeast Syria has witnessed further escalation in violence. This includes
attacks by Daesh, whose past atrocities must not be forgotten. In this regard, we thank the
Organisation for the Prohibition of Chemical Weapons and the Investigation and
Identification Team for their recent report, concluding that there are reasonable grounds to
believe that Daesh deployed sulfur mustard during attacks in Marea in 2015. Preventing
Daesh’s resurgence remains a top priority. We call on the international community to rally
around the remaining tasks to ensure durable solutions for the residents of al-Hol and Roj
camps, and for the issue of the Daesh detainees.
The devastating impact of the February 2023 earthquakes is still felt today. In 2024, the
number of Syrians in need of humanitarian assistance across Syria has reached 16.7 million.
In the north-west, the unhindered and predictable delivery of humanitarian aid, including
cross-border humanitarian assistance, is essential to ensuring civilians can access adequate
support. Donors and international partners require greater predictability for planning and
procurement, and we call on the Assad regime to grant indefinite access at crossing points for
as long as needs persist, to ensure a sustainable and reliable response.

We are increasingly concerned by the threats posed by the trade of the illicit drug captagon,
from which the Assad regime, with the support of Iran-aligned militia groups and other
actors, generates vast profits to fund its oppression of the Syrian people. Global coordination
is required to tackle the malign impact of captagon, which is contributing to instability across
the region. We call on the Assad regime to end its role in this trade and to take meaningful
steps to curb drug trafficking by others in Syria.

We remain committed to ending the human rights violations and abuses suffered by the Syrian
people at the hands of the Assad regime. The peaceful demonstrations in Suweida, ongoing
since last summer, show that the demands for peace, freedom and dignity that led to protests
13 years ago endure.

Our countries see no possibility of normalisation with the Assad regime, no funding of
reconstruction and no lifting of sanctions until there is authentic, meaningful and enduring
progress towards a political solution. A Syrian-owned, Syrian-led political settlement in line
with UNSCR 2254 is the only viable mechanism that can bring lasting peace for the Syrian
people. The conditions for safe, dignified and voluntary returns of refugees to Syria,
supported by the international community, are not yet met and we call on the Assad regime to
make the reforms necessary to protect the freedom, dignity, and human rights of all. We
welcome the announcement by UN Special Envoy Geir Pedersen to convene a meeting of the
Constitutional Committee in April in Geneva and we urge all sides to accept the invitation
and engage seriously on the work of the Committee.
THE SAHEL CRISIS

“Sahel Resilience Partnership” - World Food Programme, UNICEF and Germany join
forces.
THE SUDANESE CRISIS

Sudan has also been heavily impacted by severe weather events linked to climate change, including
floods and droughts. These events have adversely affected hundreds of thousands of individuals
throughout the country, leading to crop and livestock destruction and exacerbating food insecurity for
families.

Since the recent clashes began on April 15th, the humanitarian situation has deteriorated. Half of
Sudan’s population – some 25 million people – need humanitarian assistance and protection. The
country is facing extreme shortages of food, water, medicine and fuel and nearly 18 million people are
facing acute food insecurity. The lack of basic necessities, combined with violence and uncertainty,
has forced many people to flee their homes.

As of February 2024, nearly 8 million people have been displaced. This includes more than 6 million
people displaced within Sudan and more than 1.5 million people who fled to neighbouring countries.

Chad has received the largest number of people (553,150), followed by Egypt (450,000 ), South
Sudan (114,174), Ethiopia (31,745) and Central African Republic (22,059). In South Sudan, most of
those arriving are returning nationals who had been living in Sudan as refugees.

Without a resolution to the crisis, hundreds of thousands more people will be compelled to flee in
search of refuge and basic assistance. The ongoing humanitarian crisis in Sudan is having a
devastating impact on women and children. According to UN estimates, even before fighting broke,
more than 3 million women and girls in Sudan were at risk of gender-based violence, including
intimate-partner violence.

“Our teams in the region describe horrific ordeals being faced by forcibly displaced women and girls
when fleeing Sudan,” says Filippo Grandi, UN High Commissioner for Refugees. “This shocking
array of human rights violations must stop. Help to support survivors and those at risk is urgent, but so
far, funding is falling extremely short.”

Attacks on healthcare facilities, equipment and workers are further depriving women and girls of
lifesaving care, with pregnant women hardest hit, according to the World Health Organization and
UNFPA. Nearly three quarters of health facilities are out of service and diseases including cholera,
measles and malaria are spreading at a time when two thirds of the population lack access to health
care.

The conflict has also deprived about 12 million children of an education since April, with the total
number of children in Sudan who are out of school reaching 19 million.
For eight months now, the Sudanese army commanded by General Burhan and the
paramilitary Rapid Support Forces (RSF) led by General Hemedti have been engaged in
fighting. More than 12,000 deaths, 7 million displaced persons, the collapse of the healthcare
system, a country partially reduced to rubble – that is the bitter result. Both sides are accused
of war crimes, crimes against humanity and the use of systematic rape as a weapon of war.
Foreign Minister Baerbock is now to visit the countries and stakeholders in the region playing
a central role in efforts to mediate and promote peace in the Sudan: Djibouti, Kenya, South
Sudan and the regional organisation IGAD.

We urge all parties to the conflict to facilitate the work of human rights defenders and
cooperate with the International Fact-Finding Mission on Sudan, established by the Human
Rights Council in 2023, and the International Criminal Court on the investigation of
allegations of war crimes and crimes against humanity.

We call for increased funding for civil society to assist victims and for humanitarian response
to provide life-saving assistance to 25 million people across Sudan in 2024. As of 21 January
2024, the appeal was only 3.1 per cent funded.”

As the second-largest donor, Germany is helping to provide the refugees in Sudan's


neighbouring countries with what they need to survive. Yet international pressure to put an
end to the fighting is needed if the suffering is finally to cease.

As bleak as the situation there might currently seem, the brave young people – women front
and centre – who took to the streets in 2019 for peaceful change and greater participation in
society stand for a better future for the country. We owe it to them not to let this conflict
become a “forgotten crisis”.

UN SECURITY COUNCIL MEETING OF 8 MARCH 2024

In resolution 2724 (2024), adopted with 14 votes in favour and one abstention (Russia), the
Council also called on all parties to the conflict to seek a sustainable resolution to the fighting
through dialogue.
In the resolution, the Security Council expressed grave concern over the deteriorating
humanitarian situation, including “crisis levels or worse” of acute food insecurity, particularly
in the Darfur region, as well as ongoing reports of violations of international humanitarian
and human rights laws, including cases of sexual violence in conflict.

It urged all parties to the conflict “to ensure the removal of any obstructions and enable full,
rapid, safe and unhindered humanitarian access, including cross-border and crossline, and
comply with their obligations under international humanitarian law, including to protect
civilians and civilian objects, and their commitments under the Declaration of Commitment
to Protect the Civilians of Sudan (‘Jeddah Declaration’).”

CONDITION OF CHILDREN

Despite the progress made for children over the years, several children in Sudan remains one
of the harshest places in the world to be a child.
1. Nearly 7 million school-age children are out of school (one in three girls and one in
four boys), and the remaining 12 million in school struggle to learn due to insufficient
learning spaces and supplies, teachers, and lack of other support, including for those
with disabilities. Of those in school, 7 out of 10 cannot read and understand a simple
sentence.
2. Sudan has one of the highest rates of malnutrition among children in the world. More
than 3 million children are acutely malnourished, of whom over 610,000 are severely
wasted - more than half of whom will die without treatment. This number is expected
to increase to 650,000 in mid-2023 with the impact of annual dry spells and rising
food prices.
3. 78,000 children under 5 years of age are dying every year from preventable causes,
such as malaria.
4. Approximately 23 million children in Sudan are exposed to violence, abuse and
exploitation.
5. 31 per cent of girls aged 0-14 years have been subjected to Female Genital Mutilation
(FGM).
6. 38 per cent of girls aged 15-18 years are married before the age of 18.
7. Children living and working in the street and migrant children face serious challenges
in accessing basic services and rights.
8. In addition, 11.5 million people, almost one third of the population, are in need of
urgent water, sanitation, and hygiene (WASH) interventions. Out of 189 localities in
Sudan, 151 face water scarcity that is at the crisis to critical level, and paradoxically
these localities are also highly susceptible to natural hazards, especially flooding.
Such WASH-related diseases like diarrhea and cholera remain a high risk due to lack
of safe water and adequate sanitation.
9. Sudan continues to face extremely complex humanitarian crises, which have left 15.6
million people in need of humanitarian assistance, including more than 8.5 million
children.
10. A staggering 3.7 million people remain internally displaced and around 1 million
refugees are living in Sudan.
11. Recurrent disease outbreaks, including measles and malaria, continue to affect large
numbers of children, and the routine immunization rate has rapidly fallen with one in
six children completely unprotected. Between 2019 and 2021, twice as many children
had not received a single dose of life-saving vaccine, putting millions of children’s
lives at risk.
12. More than 200 locations in Sudan experience recurrent conflicts and violence.
Conflict and insecurity combined with the economic crisis are making children more
vulnerable due to negative coping mechanisms that include child marriage, school
dropout, reduced food intake and increased forced recruitment and association with
armed groups.

The consequences for children living in this context are dire: 1 out of 18 children will not
reach their fifth birthday. Of those that do, many will have had their future irreversibly
compromised through the impacts of poor nutrition, disease, lack of access to adequate water
and sanitation, poor protection mechanisms, and a lack of future access to learning. Nearly 50
per cent of under five deaths in Sudan are newborn deaths, the majority of which are due to
preventable causes. These impacts fall hardest on girls.

Rape as a weapon of war

The UN Human Rights rights chief also highlighted another weapon in Sudan’s continuing
war.

“Sexual violence as a weapon of war, including rape, has been a defining – and despicable –
characteristic of this crisis since the beginning,” he said.

Since last April, his team has documented 60 incidents of conflict-related sexual violence,
involving at least 120 victims across the country, the vast majority women and girls, he said
but added that “these figures are sadly a vast underrepresentation of the reality.”
Human trafficking

Access to support for victims and survivors has reportedly deteriorated since December 2023,
eight months after the outbreak of conflict between Rapid Support Forces (RSF) and the
Sudanese Armed Forces (SAF) in April 2023, the experts said. Young women and girls,
including internally displaced persons are reportedly being trafficked for sexual slavery and
other forms of sexual exploitation.

The experts also expressed concern about the increase in child, early and forced marriage,
reportedly a result of family separation, and gender-based violence, including rape and
unwanted pregnancies.

“Despite previous warnings to both Sudanese authorities and RSF representatives, we


continue to receive reports of recruitment of children to actively participate in hostilities,
including from a neighbouring country,” the experts said.

“The recruitment of children by armed groups for any form of exploitation – including in
combat roles – is a gross violation of human rights, a serious crime and a violation of
international humanitarian law,” they said.

TWEETS
The negotiations on the migration agreement between #Kenya and Germany are in full swing. It’s a
win-win: addressing Kenyan youth unemployment while gaining skilled professionals for the
German economy. - @ABaerbock after a discussion with President

Even if the terrible war in #Sudan has faded from public attention, we are vigilant and ready to
stand by our partners, when a war breaks out in their neighborhood, threatening to destabilize the
entire region. - @ABaerbock after a discussion with President
THE CRISIS OF AFGHANISTAN

express our deepest concerns about the ongoing human rights violations of women and girls
in Afghanistan, and urge the de facto authorities to put an end to systematic gender
persecution, which could amount to crimes against humanity.

This includes the recent wave of detentions of women and girls in Afghanistan by the
Taliban. We demand their immediate release and reaffirm our unwavering commitment to the
fundamental rights of women and girls in Afghanistan.

Since our last meeting at the Munich Security Conference in 2023, the Taliban have not made
any progress on the protection of human rights in Afghanistan, particularly the fundamental
rights of women and girls in all their diversity, quite the contrary:

The Taliban are responsible for one of the most dire and appalling human rights situations
worldwide. By eliminating half of the Afghan population from public life and political
decision-making, they put the very future of Afghanistan into jeopardy: Bans on secondary
and university education for girls and women as well as bans on women working in NGOs
and UN-organizations are striking examples for systematic and systemic discrimination.
Strict rules, which violate the freedom of movement of women and exclude women and girls
from public spaces, arbitrary detentions of women and cases of forced marriage, are a blatant
denial of basic rights of women and girls.

We call on the de facto authorities to fully comply with international law, in particular human
rights law, safeguard the fundamental rights of all Afghans, including ethnic and religious
minorities, and revoke all decisions that restrict the fundamental rights of women and girls in
a manner unparalleled worldwide.

In particular, we call on the Taliban to allow Afghan girls to pursue secondary education in
accordance with international standards.

The international community must continue to focus its attention on the human rights of
women and girls in Afghanistan. It must reinforce its efforts to use the legal instruments at its
disposal in their support, to end violations of international law including the provisions of
international conventions to which Afghanistan is a party.

We recognize the need to address multiple challenges involving the State of Afghanistan and
the wider region, e.g. the fight against terrorism and drug trafficking. We underline the
international community’s joint understanding that the adherence to Afghanistan’s
international obligations by the de facto authorities, especially pertaining to human rights,
remains one of the central pre-requisites for the reintegration of the State of Afghanistan into
the international system.

In the coalition agreement, the Federal Government set down its plans for a federal admission
programme for Afghanistan, the launch of which was just announced on 17 October.

Over the past few months, the Federal Ministry of the Interior and Community and the
Federal Foreign Office have worked closely with civil society players to prepare the details of
the programme. And the NGOs’ expertise on Afghanistan will also play a significant role in
the admission process that is now to begin. As so-called authorised agencies, they propose to
the Federal Government suitable persons for admission. This ensures that the programme
reaches those people who are most at risk of persecution by the Taliban. Where possible, the
selected persons also receive assistance from the Federal Government in leaving Afghanistan.

Women are suffering particularly under Taliban rule. Federal Foreign Minister Annalena
Baerbock stated on 23 June 2022 during a speech taking stock of the first six months of the
Action Plan for Afghanistan:

Our particular focus is on supporting women and girls, for no one is suffering more than they
are in the current situation. The Taliban have placed iron rules like bars around their lives –
and women and girls now live in prison-like circumstances locked up in their own homes. It
pains me deeply to have to witness how girls continue to be denied access to higher education
and can hardly move around freely without being accompanied by male relatives. For this
reason, the federal admission programme will focus particularly on women and girls.

The launch of the federal admission programme that has now been announced demonstrates a
particular commitment to this promise. This is reflected not least in the adaptation of the term
“nuclear family” to the reality of life in Afghanistan. In future, it will encompass not only
spouses and unmarried children who are still minors but also persons who have a special
relationship of dependence with the main person. This could include single daughters of a
family who have just reached adulthood and who would otherwise, without the broader
definition of the nuclear family, be at risk of having to stay in Afghanistan on their own and
thus being forced into marriage. Same-sex partnerships can now also be taken into account.

The target group of the federal admission programme are Afghans who have exposed
themselves to particular risk through their commitment to women’s/human rights or their
work in the spheres of justice, politics, the media, education, culture, sport or academia and
are thus vulnerable. The programme also targets persons who are particularly vulnerable due
to their gender, their sexual orientation or gender identity or their religion. Here, a special
focus is placed on serious individual women’s rights violations and of homophobic or
transphobic human rights violations.

Prior to this, the German Government had already signalled to more than 37,000 especially
vulnerable Afghans and their eligible family members that they would be admitted to
Germany through the resettlement programme for former local employees, in the context of
the evacuations following the fall of Kabul and through the interim programme.

Lines for speec hes,.

Germany reminds all perpetrators: International criminal justice does not sleep. It is watching
you
REFUGEES AND MIGRATION:

There are now more refugees globally than there ever have been since the end of the Second
World War. The refugee and migration crisis cannot be solved by any one country alone.
Instead the International Community needs to take a joint approach.

According to estimates by the Office of the UN High Commissioner for Refugees (UNHCR),
a total of 114 million people worldwide have been forcibly displaced (as of September 2023).
Since 2013 the number of refugees has more than doubled. In particular the millions of
Ukrainians forced to leave their homes, as well as other displacement movements, such as in
the Sahel region, the Sudan, Afghanistan, Syria and Myanmar, have caused these figures to
rise sharply in recent times. Nearly half of those displaced are children and minors, who need
special protection.

The main reasons why people flee their homes or are forcibly displaced include conflicts,
persecution and massive human rights violations. Particularly countries that directly border
crisis regions, and therefore serve as countries of first admission or transit countries, bear the
greatest burden when it comes to coping with the movements of refugees and displaced
persons. However, other motives such as a lack of economic prospects and eroding state
structures may cause people to leave their homes. In such cases, we talk of migration.
Migrants have no special right to protection, as is the case with refugees and displaced
persons. The (direct and indirect) effects of climate change are also leading to an increasing
number of people being driven out of their homes or migrating. In 2022 alone, the Internal
Displacement Monitoring Centre estimated that there were 32.6 million new cases of
displacement due to climate change or natural disasters.

What is German foreign policy doing to help?

Germany is working hard to alleviate the causes of forced migration and to protect refugees.
A key element of Germany’s precautionary foreign policy involves taking on a more active
role as regards fostering peace and security worldwide. Diplomacy has a crucial role to play
in this. In line with its national and European interests and its international and humanitarian
commitments, Germany also calls for migration movements to be actively steered and
shaped. The aim is to counter irregular migration and strengthen safe, orderly and regular
migration. To this end, the German Government has authorised Joachim Stamp, in his role as
the Special Commissioner for Migration Agreements, to conclude comprehensive agreements
with countries of origin. Most recently, for example, it was possible to sign a migration
agreement with Georgia.

Aspects of Germany’s foreign policy engagement include:

1. Preventing crises: Crisis prevention projects help to ensure that people have
no reason to flee their country in the first place. Alongside participation in peace
missions, such projects include measures to support the implementation of police
reforms in Nigeria or to support democratic elections in African states.

2. Defusing crises: German foreign policy works actively to de-escalate violent


conflicts, both bilaterally and at European and multilateral level. Stabilisation
projects, for example in the Lake Chad region/basin, have opened up prospects for
people to either stay or return in conflict and post-conflict situations. They also
re-establish a safe environment and restore basic healthcare and functioning
infrastructure.

3. Providing humanitarian assistance on the ground: Germany provides direct


aid in crisis-hit regions in the form of emergency accommodation, food,
healthcare and education. By supporting the United Nations’ humanitarian
organisations such as the Office of the United Nations High Commissioner for
Refugees (UNHCR) and the World Food Programme (WFP), as well as NGOs,
Germany helps to alleviate the suffering of those most affected by conflicts or who
have been displaced as a result of climate change or natural disasters. Germany is the
world’s second-largest donor of humanitarian assistance.

4. Supporting maritime rescue: The Federal Foreign Office implements the


Bundestag’s mandate to promote civilian maritime rescue through projects on land
and at sea. From 2024 to 2026, two million euros annually have been earmarked to
support civilian maritime rescue at sea as well as projects on land for people who
have been rescued. Applications for funding in 2024 can be submitted until 15 April
2024.

5. Co-shaping a European response: Germany is in constant contact with its


European partners, with the aim of reaching a joint solution to the refugee and
migration situation. This is based on the principles of humanity and order, solidarity
and shared responsibility. To this end, both the protection of the EU’s external borders
and tailor-made sustainable partnerships at European level with key countries of
origin and transit are essential. Moreover, Germany is substantially involved in taking
in refugees in need of particular protection within the framework of the EU
Resettlement Programme. In 2023, Germany took in 4110 people seeking protection
via resettlement, the humanitarian admission scheme with Turkey and refugee
programmes run by the Länder.

A. The Federal Government is conducting talks as a matter of urgency with key


countries of origin. A migration agreement was signed with Georgia on 19
December 2023 and a migration partnership was agreed with Morocco on 23
January 2024. Germany and Colombia have also agreed to collaborate closely
with a view to managing migration. The Federal Government is currently in
similar negotiations with Moldova, Uzbekistan, Kyrgyzstan, the Philippines,
and Kenya.
B. Internal border controls are still in place on internal borders with Poland, the
Czech Republic, Austria and Switzerland. The Federal Government has
imposed effective border policing measures in this area. The Federal and
Länder governments are working closely together to combat people trafficking
and irregular immigration.
6. Helping to find solutions at international level: Germany plays an active role
in fostering a fairer division of responsibility internationally in order to solve and
prevent large and protracted refugee situations and to improve migration management
in the framework of the United Nations, at G20 and G7 level. In this connection,
Germany actively supports the implementation of the United Nations Global Compact
on Refugees (GCR), the aim of which is to ensure a fairer sharing of international
responsibility with regard to refugees. The implementation of the GCR is discussed
every four years at the Global Refugee Forum, where states and relevant stakeholders
share their experiences and discuss politically necessary changes and financial issues
for dealing with the international refugee situation. Since 2018, the Global Compact
for Safe, Orderly and Regular Migration (GCM), the international framework
instrument designed to improve cooperation in the field of migration, has also been in
place.
7. Informing people about migration and refugee issues: The Federal Foreign
Office and its missions abroad provide information locally and on digital channels
about the dangers of fleeing and irregular migration, as well as about possibilities for
regular migration. The aim is to offer information about the actual and legal
conditions for refugees and migrants in Germany, thus addressing misinformation
deliberately spread as well as circulating rumours. In addition, the Federal Foreign
Office supports information projects in countries of origin and transit, thus making it
possible for potential migrants to make informed decisions.

8. Enhancing the protection of refugees: People who need protection must


receive it. Countries that take in particularly large numbers of refugees must therefore
be given support.

9. Giving people opportunities: The vast majority of refugees worldwide remain in


their home regions and find protection and a new home in neighbouring countries. In
this context, education is a key factor for integration and leading a self-determined
life. For the past 30 years, the Federal Foreign Office has helped refugees to start or
continue a university degree in their host country via UNHCR’s Albert Einstein
German Academic Refugee Initiative (DAFI).

10. Promoting return and reintegration: Germany helps migrants who are unable to
remain legally in a third country to voluntarily return to their region of origin.

Federal Foreign Office Support for peace mediation, crisis prevention, stabilisation and
post-conflict peacebuilding

Talking about European solutions: civil society perspectives on sea rescues in the
Mediterranean
It seems that 2023 is going to be one of the deadliest years for refugees and
migrants in the Mediterranean. More than 1000 people have lost their lives on
their way to Europe since January – the highest number since 2017.
It is clear that there are no fast and simple solutions. The European Commission
has set up a European Contact Group on Search and Rescue (known as the SAR
Contact Group) to facilitate better coordination between the relevant national
authorities in the flag and coastal member states, as well as with other actors
involved in maritime rescue in the Mediterranean. Alongside national
coastguard services, civil-society actors involved in maritime rescue make an
important contribution in helping to save lives.

Domestic policy

1. The legal steps to strip away bureaucracy from asylum and foreign nationals law
came into force on 27 February 2024. The Federal Government announced monthly
access payments and provides daily updates.
2. The Law to Improve Repatriation came into force on 27 February 2024. One key
element of the law is that it makes it easier to deport traffickers and other persons
involved in organised crime. Those who are not entitled to stay in Germany,
dangerous individuals, and criminals, will be returned to their home countries more
quickly.
3. Amendments to laws governing benefits for asylum seekers also came into force on
27 February 2024. Under these changes, the automatic right to so-called “analogous
benefits” becomes effective after 36 months, rather than 18 months as was previously
the case.
4. The Federal Government has agreed the necessary wording changes for the Bundestag
to amend the Asylum Seekers’ Benefits Act. The new rules aim to create a consistent
framework for introducing a payment card in the Asylum Seekers’ Benefits Act. It is
up to each of the Länder to design its own payment card, although minimum
standards have been agreed and tenders have been announced for the introduction of
payment cards.
5. Regulations on giving refugees access to work also came into force on 27 February
2024. Refugees living in reception centres can now start working after six months
rather than after nine months, as was previously the case. Immigration authorities will
also be more generous in issuing work permits. However, individuals who are to be
deported in the near future will not benefit from this measure.

Active peace policy


Security does not just mean curbing terrorism but also that the people on the ground can
once again rely on state structures, that they vest their trust in the police once more, that they
see a future for their children through education, healthcare and food security. That is why
we, the German Government, have redesigned our stabilisation policy – also based on
lessons learned in Afghanistan – by closely interlinking civilian instruments and security
cooperation.
– Foreign Minister Baerbock
Crisis prevention, stabilisation and peacebuilding are the three central pillars of integrated
peace engagement. In all three areas, we are focusing on an integrated approach. This means
that the work of German institutions is to be dovetailed and coordinated even better with
other international actors in crisis regions. After all, the interplay between humanitarian
assistance, peacebuilding and development cooperation is crucial when it comes to
preventing crises, stabilising regions and bringing peace and long-term development. The
various civilian instruments, such as security sector reform, peace mediation and support for
holding elections, with police and military elements including training, ownership or even
military steps, must be thought of as a whole and connected in practice – always fully
integrated into multilateral or international coalitions.

What is important is to take action as early as possible and yet remain flexible so as to bring
about lasting solutions to crises. After all, there is no such thing as instantaneous or perfect
solutions when it comes to crisis engagement. The new concept for integrated peace
engagement therefore focuses in particular on a learning, flexible approach and realistic
goals. What approach achieves concrete, positive outcomes where? What approach achieves
less and why? What helps in a particular region on the road to lasting peace? How do we
secure human rights? How do we improve the situation of women and children and empower
marginalised groups? We observe all these factors in each individual case and make
adjustments as necessary.

It is all about using tailor-made projects in a country to empower those advocating political
solutions and cooperation. If, for example, Germany together with other partners helps to
nurture trust between governments, security forces and local communities through joint
action, displaced persons are able to return to their homes and take their fate into their own
hands. This builds a bridge out of the crisis to peace. When mediation experts, for example in
Sudan, bring conflicting parties together behind the scenes and enable them to conduct
effective negotiations, the chances for the peaceful balancing-out of interests increase. If in
Iraq war crimes are investigated and a basis can emerge for reconciliation, the risk of a new
spiral of violence falls.

According to Article 1 of the Charter of the United Nations, the purpose of the
organisation is “to maintain world peace and international security”. Given the many
crises and conflicts around the world, as well as new risks and threats to international
security posed in part by non-state actors, the need for such efforts is no less pressing
today than in the past.

Germany’s Peace missions are often planned in line with a “multidimensional approach”.
This means that, alongside purely military peacekeeping tasks such as safeguarding or
monitoring borders and protecting the civilian population, the missions increasingly also
assume a wide range of civilian duties. Depending on their mandate, peace missions actively
support political processes, for example by endeavouring to mediate between conflict parties;
supporting security-sector reform; destroying small arms; monitoring elections and other
democratic processes; establishing rule-of-law institutions; and monitoring the human rights
situation.

WOMEN AND CHILDREN IN CONFLICT

In crisis contexts, Germany fosters the political participation of women, for example, through
the Women’s Peace and Humanitarian Fund, in which Germany plays an influential role as
the largest donor. Germany also cooperates with the local civilian population to prevent
sexual violence and strengthen survivors. Together with a large number of partners such as
the Mukwege Foundation, medica mondiale, the International Organisation for Migration and
the All Survivors Project, Germany is, for example, helping provide medical and
psychosocial support to survivors of sexual violence.

Resolution 1325: the basis for the Women, Peace and Security Agenda: When the
Security Council adopted Resolution 1325 in 2000 focusing on the role of women in peace
and security processes, it was celebrated by many as a sensation. For the first time, the
Security Council confirmed that the involvement of women in creating and preserving peace
is necessary. Conflict prevention, peace processes and post-conflict peacebuilding were
thereby acknowledged as women’s and therefore human rights. Moreover, for the first time
the Security Council showed that sexual and gender-based violence is not an unavoidable
side-effect of war but a crime that must be systematically prevented and punished. Over the
years, it has been given concrete substance by follow‑up Resolutions 1820, 1888, 1889,
1960, 2106, 2122 and 2242 and by Resolutions 2467 and 2493, which were sponsored by
Germany.

At international level, the Women, Peace and Security Agenda was one of the focuses of
Germany’s Security Council membership in 2019 and 2020. During Germany’s Presidency in
April 2019, Resolution 2467 was successfully adopted calling for victims of sexual violence
to be supported and perpetrators to be called to account.

In 2021, the Federal Foreign Office appointed contact persons for the Women, Peace and
Security (WPS) Agenda at some 50 German missions abroad in crisis regions, in cities
hosting multilateral organisations and in like-minded countries. With this step, the Federal
Government anchored the WPS Agenda as a particular focus of German foreign policy. From
May 2022, the WPS contact persons will present action plans to implement the National
Action Plan at their posting and will lend support when it comes to realising the WPS Agenda
in a manner sensitive to the context.

CONVENTION ON RIGHTS OF CHILD


Article 11
1. States Parties shall take measures to combat the illicit transfer and non-return of children abroad.
2. To this end, States Parties shall promote the conclusion of bilateral or multilateral agreements or
accession to existing agreements.
Article 19
1. States Parties shall take all appropriate legislative, administrative, social and educational measures
to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal
guardian(s) or any other person who has the care of the child.
2. Such protective measures should, as appropriate, include effective procedures for the establishment
of social programmes to provide necessary support for the child and for those who have the care of the
child, as well as for other forms of prevention and for identification, reporting, referral, investigation,
treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate,
for judicial involvement.
Article 22
1. States Parties shall take appropriate measures to ensure that a child who is seeking refugee status or
who is considered a refugee in accordance with applicable international or domestic law and
procedures shall, whether unaccompanied or accompanied by his or her parents or by any other
person, receive appropriate protection and humanitarian assistance in the enjoyment of applicable
rights set forth in the present Convention and in other international human rights or humanitarian
instruments to which the said States are Parties.
Article 34
States Parties undertake to protect the child from all forms of sexual exploitation and sexual abuse.
For these purposes, States Parties shall in particular take all appropriate national, bilateral and
multilateral measures to prevent:
(a) The inducement or coercion of a child to engage in any unlawful sexual activity;
(b) The exploitative use of children in prostitution or other unlawful sexual practices;
(c) The exploitative use of children in pornographic performances and materials.
Article 35
States Parties shall take all appropriate national, bilateral and multilateral measures to prevent the
abduction of, the sale of or traffic in children for any purpose or in any form.
Article 38
1. States Parties undertake to respect and to ensure respect for rules of international humanitarian law
applicable to them in armed conflicts which are relevant to the child.
2. States Parties shall take all feasible measures to ensure that persons who have not attained the age
of fifteen years do not take a direct part in hostilities.
3. States Parties shall refrain from recruiting any person who has not attained the age of fifteen years
into their armed forces. In recruiting among those persons who have attained the age of fifteen years
but who have not attained the age of eighteen years, States Parties shall endeavour to give priority to
those who are oldest.
4. In accordance with their obligations under international humanitarian law to protect the civilian
population in armed conflicts, States Parties shall take all feasible measures to ensure protection and
care of children who are affected by an armed conflict.

GPIL – German Practice in International Law

MENU
Israel Facilitates the Evacuation of Sixty-Eight Palestinian Orphans From the Gaza Strip to
the West Bank at Germany’s Request
Published: 21 March 2024 Author: Stefan Talmon

In response to the barbaric terrorist attack on Israel by Hamas on 7 October 2023, Israel, in
exercise of the right to self-defence, embarked on an extensive aerial bombardment of
Hamas’ positions in the Gaza Strip followed by a large-scale ground invasion of the territory
which led to high numbers of Palestinian civilian casualties. Approximately 70 per cent of
those killed were said to be women and children. The military operations of the Israel
Defence Force (IDF) in the northern Gaza Strip also led to a large-scale internal
displacement of the Palestinian population with many seeking refuge in the city of Rafah in
the southern Gaza Strip close to the border with Egypt.

Against the background of the deteriorating humanitarian situation in the Gaza Strip, in
mid-November 2023 the non-governmental organisation ‘SOS Children’s Villages
Worldwide’, which operated an orphanage in Rafah, contacted the Federal Foreign Minister
Annalena Baerbock and requested her assistance with the evacuation of the institution. The
Federal Foreign Minister, the Federal Chancellor and the German ambassador to Israel
raised the matter with the Israeli government. In the following month, the Federal Foreign
Office, the German Embassy in Tel Aviv and the German Representative Office Ramallah
worked together with Israeli, Palestinian and Egyptian authorities to enable the evacuation
of the orphanage.

On 10 March 2024, the IDF, in joint action with the Israeli Civil Administration for the West
Bank, under the direction of Israel’s National Security Council, facilitated the evacuation of
sixty-eight Palestinian children, aged between two and fourteen years, from the SOS
Children’s Village in Rafah as well as eleven carers and their families to the SOS Children
Village in Bethlehem in the Israeli occupied West Bank. The party of more than one hundred
people were taken in two buses to the Rafah border crossing where they entered Egypt. They
travelled about 250 km across the Sinia Peninsula to the Taba border crossing near Eilat
where they entered Israel. On their arrival there, they were met by the German ambassador
to Israel. From Eilat the party travelled, accompanied by Israeli security forces, through
Israel via the outskirts of Jerusalem to Bethlehem where they arrived on 11 March.

The Federal Foreign Office was instrumental in evacuating the children. On 12 March 2024,
the German Ambassador to Israel posted the following statement of the German Embassy Tel
Aviv on the platform X:

SOS Kinderdörfer weltweit [SOS Children’s Villages Worldwide] contacted the Foreign
Minister in mid-November with a request for help with their orphanage SOS Kinderdorf
Rafah. We are relieved that our efforts were successful and would like to thank everyone
involved. In a humanitarian operation 68 Palestinian children as well as 11 employees and
their family members were temporarily evacuated from the orphanage SOS Kinderdorf Rafah
to Bethlehem in the West Bank. We thank Israel for this important humanitarian gesture.

Germany continues to stand by Israel in its fight against Hamas and keeps working towards
the release of all Israeli hostages. We also remain committed to the humanitarian relief for
Gaza’s civilians. It is important to know that yesterday’s transfer of orphans from Gaza is a
temporary measure during the war, taking children out of acute danger, not an attempt to
relocate them permanently.

Despite the evacuation, the SOS Children’s Village in Rafah continued to operate, hosting
orphans whose relatives had not consent to the evacuation, children that had lost parental
care only recently during the war and more than one hundred internally displaced people,
many of them children. At the time of the evacuation operation, more than one million
displaced persons were sheltering in Rafah, and the United Nations Children’s Fund
(UNICEF) estimated that at least 17,000 children in Gaza were unaccompanied or separated
from their families.

The German ambassador thanked ‘Israel for this important humanitarian gesture.’ Bringing
these Palestinian children to safety, while Hamas was still holding Israeli children hostage,
was undoubtedly a sign of humanity. It is, however, to be remembered that Israel, as the
occupying power of the Gaza Strip, was under a legal obligation to protect children and
provide them with the care and aid they require. It was also to facilitate the proper working of
all institutions devoted to the care and education of children, especially orphanages. These
obligations, which are expressly laid down in the Fourth Geneva Convention and its Protocol
I are widely considered to be part of customary international law and are thus binding on
Israel, irrespective of whether it is a party to the relevant treaties.

Customary international humanitarian law, as reflected in Article 49 of the Fourth Geneva


Convention, imposes strict rules for the transfer of protected persons and, in particular,
children, out of the occupied territory. Forcible transfers of protected persons from occupied
territory to another country are generally prohibited, regardless of their motive. There is a
limited exception for the ‘total or partial evacuation of a given area if the security of the
population or imperative military reasons so demand.’ However, such evacuations ‘may not
involve the displacement of protected persons outside the bounds of the occupied territory
except when for material reasons it is impossible to avoid such displacement.’ In any case, all
persons evacuated ‘shall be transferred back to their homes as soon as hostilities in the area
in question have ceased.’ Article 49(2) of the Fourth Geneva Convention only prohibits
‘forcible transfers’ and non-consensual evacuations; it allows for voluntary evacuations. It is
probably for that reason that the German ambassador stated that everybody was moving
‘voluntarily’, and SOC Children’s Villages emphasised in its media release that they had
‘received consent from the legal guardians of all children who were evacuated.’ The question
is, however, whether legally valid consent was given. It was said that the legal guardian of
the children was ‘the Palestinian Ministry of Social Development’.
POINT OF INFORMATIONS

TURKEY
1. Against a backdrop of anti-refugee sentiment, Türkiye, which hosts nearly 3.3 million
refugees, deported thousands of Syrians to northern Syria in 2023. Turkish border
guards indiscriminately shot at Syrian civilians on the border with Syria as well as
tortured and used excessive force against asylum seekers and migrants trying to cross
into Türkiye.. The practice of men and some boys being unlawfully deported to
northern Syria, often after being coerced into signing voluntary return forms,
continues in spite of a 2022 ECtHR judgement and a May 2023 Constitutional Court
judgement finding forced return under the guise of voluntary repatriation a violation
of human rights on several counts. Source, HRW WORLD REPORT 2023
2. During the May election campaign, opposition politicians increasingly weaponized
xenophobic anti-foreigner sentiment, particularly directing it at Syrians and Afghans
and advocating for the return of Syrians to war-torn Syria. President Erdoğan
responded with pledges to resettle 1 million Syrians in Turkish-occupied areas of
northern Syria. Since the election, deportation centres have filled rapidly with Syrians,
Afghans, and other groups at risk. Source, HRW WORLD REPORT 2023

RUSSIA
1. Throughout the year, Russian forces continued to attack schools and other
educational facilities across Ukraine. The Ukrainian government reported that 3,790
educational facilities were damaged or destroyed from February 2022 to September
2023. Large-scale damage and destruction to schools has had a devastating effect
on Ukrainian children’s access to education and a profound psychosocial impact on
children, parents, and teachers. Source, HRW WORLD REPORT 2023
2. Russian forces committed war crimes against Ukrainian prisoners of war (POWs). A
March report by the UN Human Rights Monitoring Mission in Ukraine (UN Monitoring
Mission) found that in 32 of 48 detention facilities in Russia and Russianoccupied
territories of Ukraine, POWs faced torture and ill-treatment, forced labor, and
abhorrent detention conditions. Many were held incommunicado. Source, HRW
WORLD REPORT 2023
3. Evidence of Russia’s apparent war crimes in now de-occupied Khersonska and
Kharkivska regions continued to surface, including of torture centers that Russian
forces operated in Kherson during their eight-month occupation. In September, the
UN CoI reported that Russian soldiers raped and committed sexual violence against
women there ranging in age from 19 to 83. Source, HRW WORLD REPORT 2023
4. The World Health Organisation (WHO) says it has verified some 64 attacks on health
care facilities in Ukraine since Russia began its invasion a month ago.The confirmed
the attacks took place between February 24 and March 21 at a rate of between two
and three each day, killing at least 15 people, the WHO said in a statement.
Al-Jazeera 24 March 2022
5. Russian authorities continued to harass, intimidate, and prosecute human rights
defenders and forcibly shut down human rights groups. In January, a court ordered
the shutdown of the Moscow Helsinki Group, Russia’s oldest human rights group. In
March, police raided office spaces affiliated with Memorial, one of Russia’s most
prominent human rights groups that was forcibly shut down in 2021, and the homes
of nine of its staff and board members. Source, HRW WORLD REPORT 2023
6. Detailing Russian Federation attacks against Ukraine’s ports, cultural heritage and
civilian infrastructure, she expressed regret that the UN still does not have the
necessary access to verify allegations of violations against children in the territory of
Ukraine under Moscow’s control or in the Russian Federation itself. Attacks against
civilians and civilian infrastructure are “indefensible”, she stressed, underlining the
UN’s “unwavering” commitment to Ukraine’s sovereignty, independence and territorial
integrity within its internationally recognized borders.
Kateryna Rashevska, legal expert at the Regional Center for Human Rights, then reported
that Russian Federation agents have taken at least 19,546 children to that country from
Ukraine since 18 February 2022. Among other violations, Russian Federation citizenship is
imposed on them, and they are forbidden to speak and learn the Ukrainian language or
preserve their Ukrainian identity. “Leaving Ukrainian children in Russia means continuing to
violate their rights,” she stressed, urging the Council “to assist in the return of Ukrainian
children”. UN Press 24th August 2023

SAUDI ARABIA
1. Saudi border guards killed at least hundreds of Ethiopian migrants and asylum seekers
who tried to cross the Yemen-Saudi border between March 2022 and June 2023.
Human Rights Watch found that Saudi border guards used explosive weapons to kill
migrants and shot at migrants at close range, including many women and children, in
a widespread and systematic pattern of attacks. In some instances, Saudi border
guards asked migrants what limb to shoot and then shot them at close range. If
committed as part of a Saudi government policy to murder migrants, these killings,
which appear to continue, would be a crime against humanity. Source, HRW WORLD
REPORT 2023
2. Recognising the importance of joint efforts in regions of conflicts, and the influence
and capability of action of the Gulf countries, what action has Saudi Arabia made
through the Gulf Cooperation Council for the conflict affected areas of the
Middle-east
EGYPT
1. In June, following the April outbreak of conflict in Sudan, the Egyptian government
issued a decision requiring all Sudanese to obtain visas to enter Egypt. The
decision—which made it more difficult for women, children, and older people, who
had been previously exempted from visa requirements, to flee the conflict— violated
international standards by creating unreasonable and life-threatening delays in
processing asylum seekers. As of September, Egypt had received over 317,000
refugees fleeing Sudan’s conflict, including 310,000 Sudanese people and over 7,000
people of other nationalities, according to the UN Refugee Agency (UNHCR).
Source, HRW WORLD REPORT 2023

INDIA
1. On July 18, when hundreds of Rohingya refugees in Jammu protested their indefinite
detention, including through a hunger strike, Indian authorities responded with tear
gas and beatings. Two days after the incident, a Rohingya infant died reportedly
because of exposure to tear gas. Source, HRW WORLD REPORT 2023
JAPAN
1. Japan’s asylum and refugee determination system remains strongly oriented against
granting refugee status. In 2022, the Justice Ministry received 3,772 applications for
refugee status but recognized only 202 people as refugees, many of whom were
Afghan staff of the Japanese embassy in Kabul and their family members. Japan also
categorised 1,760 people, of whom 1,682 were from Myanmar, as needing
humanitarian considerations, allowing them to stay in Japan. In June, the Diet passed
a bill to amend the Immigration Control and Refugee Recognition Act. The new law
allows Japan to deport asylum seekers who apply for refugee status more than twice.
UAE
1. UAE-backed forces, in particular the Southern Transitional Council (STC), continued
to arbitrarily arrest and forcibly disappear individuals and maintain at least two
informal detention facilities .Source, HRW WORLD REPORT 2023
2. According to Mwatana’s documentation spanning from 2014 to December 2023, a
total of 1,238 incidents of child recruitment or use were recorded, comprising 1,184
incidents of male recruitment and 54 incidents of female recruitment. This violation
involved all conflict parties, with 861 children (810 males and 51 females) recruited
by the Ansar Allah (Houthi) group, 212 children (210 males and 2 females) recruited
by the internationally recognized government forces, 127 children (126 males and 1
female) recruited by the Southern Transitional Council forces, 18 children recruited
by the Joint Forces, and 20 children recruited by the Saudi/UAE-led coalition forces.

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