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UN warns of continued prohibited weapons transfers to Ukraine, Russia

13 September 2024 - Amid continuing prohibited weapons transfers to Ukraine and Russia during the ongoing war, top disarmament and legal officials issued calls on Friday for parties to the conflict to abide by international law and protect civilians.

Warning the Security Council, High Representative for Disarmament Affairs Izumi Nakamitsu said that since the last briefing on weapons transfers only two weeks ago, the provision of military assistance and transfer of arms and ammunition to the Ukrainian armed forces have continued in the context of Russia's full-scale invasion of Ukraine in violation of the UN Charter and of international law.

"Any transfer of weapons and ammunition must be compliant with the applicable international legal framework, including of course, relevant Security Council resolutions, which in certain instances impose sanctions and restrictive measures on such transfers," she said.

Shipments reportedly included such heavy conventional weapons as tanks, armoured combat vehicles and aircraft, helicopters, large-calibre artillery and missile systems and uncrewed combat aerial vehicles alongside remotely operated munitions, small arms and light weapons and their ammunition.

She also pointed to reports of States transferring, or planning to transfer, weapons such as uncrewed aerial vehicles, ballistic missiles and ammunition to the Russian armed forces and that these weapons have been used and are likely to be used in Ukraine.

States must abide by global arms treaties

The High Representative raised deep concerns about reports related to the use and transfer of cluster munitions since the beginning of the conflict and the widespread contamination with mines and explosive remnants of war in Ukraine.

Reminding the 15-member Council of the importance and value of international law in today's challenging security context, she called on Member States to comply with obligations to various disarmament treaties, particularly conventions on cluster munitions, anti-personnel mines and what is referred to as "certain conventional weapons" deemed to be indiscriminate or excessively injurious, such as booby traps, weaponised lasers designed to cause permanent blindness and incendiary weapons.

The universal participation in and the full implementation of these treaties must remain a priority, she said, calling on all States to abide by their international humanitarian law obligations and to become parties as a matter of priority to disarmament treaties and comply with the obligations therein.

"Compliance with these obligations is crucial in preventing the causing of unnecessary suffering or superfluous injury to persons and in protecting civilians," she said, underscoring that importing, transit, producing and exporting States must act responsibly at every step along the arms and ammunition transfer chain to prevent and detect diversion, illicit trafficking and misuse.

Civilian deaths keep rising

Since Russia's full-scale invasion of Ukraine on 24 February 2022, the Office of the UN High Commissioner for Human Rights (OHCHR) has recorded over 11,700 civilians killed and more than 24,600 civilians injured in Ukraine.

According to the OHCHR, August was the month with the second highest number of civilian casualties in 2024, after July, with at least 184 civilians killed and 856 injured in Ukraine.

The use of armed uncrewed aerial vehicles and missiles by Russia continues to cause civilian deaths and injuries as well as damage to civilian infrastructure in Ukraine, Ms. Nakamitsu said.

In addition, there have also been reports of a number of cross-border strikes using missiles and uncrewed aerial vehicles by Ukraine inside Russia, with some resulting in civilian casualties and damage to civilian objects.

"Armed uncrewed aerial vehicles and missiles must not be used in a manner inconsistent with international humanitarian law," she said.

"All parties to any armed conflict have an obligation under international humanitarian law to protect civilians," she said.

Russia: Ukraine uses chemical weapons

Russian Ambassador Vassily Nebenzia said Ukraine and its Western backers are looking for ways to break the situation on the battleground, but heavy losses have been reported of weapons already sent to Kyiv. Moreover, multiple reports indicate that Ukrainian forces are using chemical weapons, he said, adding that Moscow will continue to inform the Organisation for the Prohibition of Chemical Weapons (OPCW).

Turning to the possibility of easing the entry of weapons into Ukraine, he said "if the decision to lift restrictions is really taken, that will mean that from that moment NATO countries will be conducting direct war with Russia."

"In this case, we will have to take the relevant decisions with all the consequences that the Western aggressors would incur," he said. "We're not talking about a game here. The facts are that NATO will be a direct party to hostilities against a nuclear power."

US reports new Iranian missile shipments

US Ambassador Robert Wood highlighted new developments, saying Iranian personnel trained Russian military personnel this past summer on the use of Iran's Project 360 close-range ballistic missiles, and Russia received the first shipment of hundreds of these missiles from Iran in early September.

With a maximum range of 75 miles, the missiles are enabling Russia to preserve its longer-range capabilities for use throughout Ukraine, deepening Russian arsenals and giving it the ability to destroy more Ukrainian infrastructure ahead of winter while destabilising European security.

"There is no legitimate excuse for what Russia is doing in Ukraine," he said, adding that the US will continue to support Kyiv's ability to defend itself and that "we will not back down."

UK voices unwavering support for Kyiv

UK Deputy Permanent Representative James Kariuki said that "by calling this meeting today on Western weapons transfers to Ukraine, Russia has, yet again, succeeded only in drawing our attention to its continued hypocrisy."

He said Iranian close-range ballistic missiles will "soon reach European soil", and Russia continues to purchase significant quantities of weapons from the Democratic People's Republic of Korea, in violation of Council resolutions "Russia itself voted for".

Moscow's war in Ukraine is a "flagrant violation" of international law and the UN Charter, he said, adding that "we will not be deterred from our unwavering support for Ukraine."