Cluster Munitions

Lord Elton Excerpts

Thursday 10th November 2011 Lords Chamber

Asked by

[Lord Elton]

To ask Her Majesty’s Government whether they consider that Article 21 of the Convention on Cluster Munitions, incorporated in the Oslo Treaty of 2008, debars states party to that convention from promoting the adoption by other states of another convention containing weaker restrictions on the use of such weapons.

[The Minister of State, Foreign and Commonwealth Office (Lord Howell of Guildford)]

My Lords, the United Kingdom is fully committed to the Convention on Cluster Munitions and our Article 21 commitments. We will not sign up to anything that would undermine it or dilute our obligations under it. We believe that engaging in negotiations for a protocol on cluster munitions in the UN Convention on Certain Conventional Weapons is consistent with paragraphs 1 and 2 of Article 21 of the convention. These are negotiations within the framework of an international humanitarian law treaty, which are aiming at establishing restrictions on a significant number of cluster munitions, which would have a notable humanitarian effect.

[Lord Elton]

My Lords, Article 21 actually requires us to promote the norms established by the Oslo treaty and the CCM. The norms in the CCW convention that we are now discussing are significantly lower and permit the use, for instance, of the M85 weapon, which formed a considerable part of the saturation bombing of the Lebanon by Israel in 2006, when 4 million sub-units were used. Can my noble friend not see that the United Nations kitemark on a convention of this sort, which permits the use of many sorts of these child-killing weapons, will lead the rest of the world to think that the use of these weapons is respectable? This is not promoting the norms that we have undertaken to promote.

[Lord Howell of Guildford]

A lot of what my noble friend says is very wise. I emphasise that our consistent aim has been to ensure that any protocol on cluster munitions which emerges from the CCW parties is complementary to and does not contradict the rights and obligations of state parties to the Convention on Cluster Munitions. I see the concern of my noble friend. The Government are anxious to take account of the worries and views of noble Lords and of Parliament generally. I repeat that we will not sign up to anything that would undermine the gold standard, as it were, of the existing convention. I give my noble friend that reassurance. A lot will depend on the negotiations and how they come out. Our position will be determined by that, not by any undermining of the kind which the noble Lord fears.