Each State Party undertakes to take steps, individually and through international assistance and cooperation, to the maximum of its available resources, to ensure the provision of assistance to the victims of armed violence in areas under its jurisdiction or control. Such assistance, which is to be rendered in accordance with applicable international law and standards, including the United Nations Convention on the Rights of Persons with Disabilities, shall seek to promote their effective rehabilitation and recovery as well as their social and economic reintegration.
Commentary
This proposed provision aims to create a realistic provision to encourage assistance to the victims of armed violence. It is not an absolute obligation, given the limits on available resources.
The text ‘undertakes to take steps, individually and through international assistance and cooperation, to the maximum of its available resources’ comes from Article 2 of the International Covenant on Economic, Social and Cultural Rights. The Covenant has been ratified by 160 States, including China, Egypt, India, Iran, Pakistan, and the Russian Federation.
The UN Convention on the Rights of Persons with Disabilities, which was adopted on 13 December 2006, entered into force on 3 May 2008. It currently has 88 States Parties and a total of 146 signatories.
Article XX. International cooperation and assistance in favour of the victims of armed violence
Each State Party in a position to do so shall provide assistance for the care and rehabilitation and social and economic reintegration of victims of armed violence. Such assistance may be provided inter alia through the United Nations system, relevant international, regional or national organisations or institutions, the International Committee of the Red Cross, national Red Cross and Red Crescent societies and their International Federation, non-governmental organisations, or on a bilateral basis.
Commentary
This proposed provision aims to support the implementation of the obligations at national level through an obligation on States Parties ‘in a position to do so’ to provide international cooperation and assistance in favour of the victims of armed violence. It is adapted mutatis mutandis from Protocol V on explosive remnants of war, which was adopted by consensus in 2003 by States Parties to the Convention on Certain Conventional Weapons. As of 7 July 2010, there were 67 States Parties to CCW Protocol V, including the Russian Federation and the USA.
