Libya

Lord Bates Excerpts

Friday 1st April 2011 Lords Chamber

[Lord Bates]

My Lords, it is a privilege to follow the previous two contributions because my contribution will continue the theme that the intervention is less about going to war than about upholding the law. I thank my noble friend the Minister for securing this debate for us today and for the thoroughness with which he has outlined the fast-moving and dynamic situation in Libya.

While the media’s attention is often focused on our leaders at Cabinet level, I know that much of the hour-by-hour painstaking and vital work is being undertaken by my noble friend the Minister, his colleague Alistair Burt at the Foreign Office and my noble friend Lord Astor at defence. I assure them that this is valued and that our thoughts are with them at this challenging time. We hope that, in the words of the prayer, they might not only do the right thing but might do it in the right way.

There is an old aphorism that says that history repeats itself—it has to because no one listens. We have made reference in the past to Iraq, but there are some encouraging signs that the Government have learnt the lessons of previous mistakes that have been made and are seeking to reposition themselves, in the words of the Minister in his opening remarks, in international society. First, they have stressed the centrality of the United Nations and worked in a way that enhances that institution’s role as the only legitimate vehicle through which armed intervention can be sanctioned, in accordance with the UN charter. That is given particular salience with regard to Libya, since it itself arose out of an aspiration set out in a UN resolution in 1949. The United Nations has a responsibility to protect civilians, as has already been mentioned, and that is central to Resolutions 1970 and 1973.

Secondly, the Government have stressed that the crimes perpetrated by Colonel Gaddafi against his own people should be subject to investigation by the Office of the Prosecutor of the International Criminal Court and charges brought. This action reminds us that we have an international system of justice to which all leaders should be held accountable, and that message needs to go out loud and clear to others seeking to cling to power through the brutal repression of peaceful movements for change. The fact that the referral to the International Criminal Court was made unanimously and that it included China and India, which are not signatories to the Rome statute, showed the strength of the international opinion in support of the legitimate aspirations of the Libyan people.

Thirdly, the Government have demonstrated that we ourselves are a parliamentary democracy. The noble Baroness, Lady Kennedy, made reference to the Attorney-General’s advice, which was published in the note that was circulated to parliamentarians. While the Government retain the royal prerogative powers to deploy Armed Forces on specific missions, we know that those missions are likely to be much more effective in the long term if they are backed up by the wisdom and the authority that come from these Houses of Parliament. The speedy bringing of a substantive Motion to the other place within a few days of the UN resolution, and its passing by 557 votes to 13, strengthens that case.

Fourthly, the Government have placed great emphasis on minimising civilian casualties and placed that at the heart of military operations. The Secretary of State for Defence has gone as far as saying that the bar should be set at zero for civilian casualties. This is critical, not only to retaining support at home but in Libya on the ground. The London conference placed protecting civilians as its first agenda point. The establishment of a unified command and control of operations under NATO will strengthen the co-ordination of military activities and therefore assist towards achieving that objective.

We also need to make that point to opposition forces on the ground. In many ways the use of violence, even under extreme provocation, has been a weakness of their cause, allowing Gaddafi to portray this as a civil war rather than as a brutal repression of dissent. We should remember how this contrasts with the popular uprisings in Tunisia and Egypt and those that are going on now in Yemen, Bahrain and Syria, where they have placed non-violence at the heart of their regimes. Reference should be made to some question marks about the opposition forces themselves. The noble Lord, Lord West, and my noble friend Lord Trefgarne have raised some important questions about the rebel forces and the need to exercise restraint. We should emphasise that, because the United Nations resolution says that the objective is to minimise civilian casualties.

I was caught by the remarks of a 16 year-old Libyan schoolgirl called Ghada Imread, which were carried in the Independent on 29 March. When asked by the reporter whether she agreed with the aims of the opposition forces that were advancing on her town in order to liberate it, she replied hesitantly, “Some”, and then added:

“But they shouldn’t use guns. We want peace”.

I think Ghada speaks in a sense for the wider opposition movement within Libya: this is a peaceful aspiration, and the sooner the violence stops, the better. We should therefore not flinch from reminding everyone involved that the first demand of United Nations Resolution 1973 is the demand for an immediate and verifiable ceasefire and a complete end to violence. That is our aim, and the greater the speed with which we are able to secure that objective, the stronger the international agreement and support will be.

Fifthly, the Government have placed great emphasis on demonstrating international solidarity and placed it at the heart of their operations. Indeed, it was the second point on the agenda of the London conference, which was attended by 40 countries. Here I would ask the Minister to look again at the role being played by the African Union with its efforts to negotiate a peaceful settlement to this conflict. Its unique role and perspective were specifically recognised and encouraged in Resolution 1973. The communiqué from the African Union high level ad hoc committee on Libya on 19 March claimed that the committee felt that it had been refused permission by the Security Council to travel to Tripoli to undertake negotiations with the Government of Libya and the National Transitional Council in order to call for an immediate cessation of hostilities in line with the resolution. I should be grateful if my noble friend the Minister could update us on the role of the African Union and explain what the circumstances were that led to the denial of that involvement and what actions are going to be taken to ensure that it can be involved as soon as possible. Furthermore, in talking about the involvement of the wider international community, will my noble friend say what role Italy is playing in this? It is the largest investor in Libya. It is the first port of call for many refugees. It is the former colonial power and retains close commercial and political ties. I understand that Italy has offered a mediator role in the region. I should be grateful if my noble friend could update the House at some stage on its involvement.

When the coalition came to power there was very much a sense of a new direction for British foreign policy, one that placed respect for international law and the importance of international institutions at the heart of its activities—one that said that prevention was going to be better than intervention, that we should focus humanitarian aid to win hearts and minds and build relationships through trade. Whatever the problems we face, that remains the defining policy of this coalition Government and I encourage then to hold to it.