Counter-Daesh Update

Debate between Earl Howe and Lord Alton of Liverpool

Tuesday 7th November 2017 Lords Chamber

[Earl Howe]

My Lords, I am sure that my noble friend’s comments will resonate with many noble Lords. Approximately 850 UK-linked individuals of national security concern have travelled to engage with the Syrian conflict. That flow of British citizens has diminished considerably, but clearly there is a risk that some will attempt to return to this country. Our position is that, wherever possible, anyone fighting for Daesh should be brought to justice and that a decision to prosecute an individual suspected of fighting for Daesh should be taken by the relevant competent authority. Our policy is that terrorist fighters should be held to account by the states on whose territories their crimes have been committed. We would offer support to any such prosecution, so far as we were able. I reassure my noble friend that all returnees to this country will be investigated where that is considered appropriate.

[Lord Alton of Liverpool (CB)]

My Lords, in welcoming the role that British officials played in the drafting of Resolution 2379 which, as the noble Earl told us, was passed on 21 September by the Security Council, may I press him on two or three details about that resolution? For instance, concern has been expressed about the absence in the resolution of explicit reference to the 120,000 Christians who were displaced from the plains of Nineveh, and to the Yazidis who were displaced from Sinjar. Will they come within the scope of the inquiry and will those particular displacements feature in it? The resolution also says that Daesh fighters will be prosecuted in Iraq’s national courts—but, as Iraqi law contains no provisions on genocide, crimes against humanity or war crimes, how will that be done? Does the investigative team have the necessary capacity to collect evidence that meets the required standards?

Have the Government given proper consideration to whether a specialised regional tribunal, such as that used in Cambodia, would be a better way of dealing with this, rather than going to a national court that clearly does not have the capacity, the powers or the proper jurisdiction? Given that a veto might well have been used against a referral to the International Criminal Court, would a regional tribunal not have been a better way to go about it?

[Earl Howe]

My Lords, I will take advice on the noble Lord’s very constructive suggestion. I do not know the answer to his question but I will ensure that he gets one. Clearly, we want to see mechanisms that are fit for purpose in this context. We are all aware that there have been horrific cases of attacks on religious communities by Daesh. We are working with the Iraqi Government, the United Nations and the international community to support the protection of the rights of all minorities. That includes making sure that those who are responsible for these atrocities are brought to justice. We prioritise reaching the most vulnerable people across the region, including Christians, of course, and others who have suffered from such violence. I have already mentioned children, in particular, in that context.

It is probably right for me to leave it there. My understanding is that the United Nations Security Council is confident that the structures it has set up will deliver the necessary degree of justice and accountability —but I think the noble Lord is owed further and better particulars on that front.