Discurso do Representante Permanente, Embaixador Ronaldo Costa Filho, em reunião do Conselho de Segurança sobre a Situação na Ucrânia - 9 de dezembro de 2022 (texto em inglês)

December 9^th 2022

Madam President,

Over the years, the Council has sought to incorporate into its agenda issues whose relationship with international peace and security is not always clear. Interestingly, the nexus between weapons and armed conflict has received less attention.

This linkage is explicitly recognized by the main instrument of international law on conventional arms exports, the Arms Trade Treaty, which commits exporting states to consider whether arms transfers would contribute to or undermine peace and security. On the other hand, all states have the inherent right to self-defence, as enshrined in the UN Charter, and consequently the right to acquire arms for their security, including from outside sources.

It should also be recalled that the ATT explicitly prohibits transfers of arms and ammunition that would be used in the commission of genocide, crimes against humanity, grave breaches of the Geneva Conventions of 1949, attacks directed against civilian objects or civilians protected as such, or other war crimes.

In the past years, we have witnessed the phenomenon of the growing urbanization of conflicts, the increasing involvement of non-state actors, and the use of methods and means of war that do not comply with the principles of distinction and proportionality. Additionally, the issue represents a risk regarding the problem of illicit trafficking of conventional weapons and ammunition. The weapons now being used in the conflict in Ukraine will possibly fuel, in the future, other conflicts in different regions of the world.

As to the case in point, it should be recognized that the supply of arms and ammunition to the parties to the conflict in Ukraine might result in prolonging it and in more suffering for the civilian population. On the other hand, it is undeniable that a state has a right to self-defence, in case of violation of its sovereignty and its territorial integrity. It is a principle enshrined in the UN charter.

This discussion, however, distracts us from fulfilling our mandate, which is to maintain peace and security and, therefore, work toward a ceasefire and negotiations.

We must bear in mind that international humanitarian law norms and principles are mandatory at all times and under all circumstances. Respecting and ensuring respect for international humanitarian law is not only a legal obligation but also an effective way to protect civilians.

Madam President,

Article 33 of the UN Charter assigns to the Council the responsibility to explore avenues of dialogue, in favour of the peaceful solution of disputes. I quote: “The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means.” After more than nine months of conflict in Ukraine, we must recognize that this body has still to fulfil its mandate.

Brazil is concerned that signs of openness to dialogue have been in short supply. Last July, the Black Sea Grain Initiative provided, in the words of USG Rosemary DiCarlo, “a beacon of hope” for all in the face of a global food crisis. There were also occasional arrangements to exchange prisoners of war. The harsh reality, however, is that the belief in the feasibility of a military solution continues to be present, and not only by the parties to the conflict, whatever the cost in terms of human suffering.

Madam President,

Once again, we reiterate the call for an immediate ceasefire, without preconditions. Saving human lives must take precedence over any consideration, including the just desire for reparations and punishing those responsible for war crimes. Brazil adds its voice to that of other members in favour of dialogue and recalls that the world looks to this Council in the expectation that it will fully exercise its responsibility to stop this spiral of violence.

I thank you.