Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask Her Majesty's Government what plans they have for public consultation over the creation of the UK Strategy on Protection of Civilians; and when they expect to publish the Strategy.
Answered by Baroness Sugg
As part of the review of its approach to the protection of civilians (PoC), the Government has consulted extensively with civil society and academia. We hope to publish soon a document outlining our approach to PoC with examples of action the Government has been taking. We were unable to meet the previously stated publication date as we were required to adhere to the rules governing the publication of documentation in the run up to the December 2019 General Election. We further postponed publication in light of the COVID-19 pandemic.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask Her Majesty's Government, further to the UN Human Rights Council Report of the Special Rapporteur on extrajudicial, summary or arbitrary executions, published on 29 June, which found that the killing of Iranian General Soleimani by a US drone strike violated international law, what representations they have made to the government of the United States.
Answered by Baroness Sugg
We are aware of the report presented by the UN Special Rapporteur, Agnes Callamard. Article 51 of the UN Charter recognises that all States have an inherent right of self-defence. The strike against Soleimani was not a UK operation. The United States set out the basis for its action in a letter to the UN Security Council of 8 January.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask Her Majesty's Government what assessment they have made of the legality of a state taking presumptive self defence under Article 51 of the Charter of the UN.
Answered by Baroness Sugg
Article 2(4) of the UN Charter prohibits the threat or use of force against the territorial integrity or political independence of any state. Article 51 of the Charter also recognises that a state has the inherent right to use force to defend itself against an armed attack. The UK does not recognise a doctrine of "pre-emptive" self defence. Like many other states, however, the long-standing UK view is that Article 51 of the UN Charter does not require a state passively to await an attack, but includes the inherent right to use force in self-defence against an "imminent" armed attack. The position of Her Majesty's Government was set out in the then Attorney General's speech at the Institute of International and Strategic Affairs on 11 January 2017, available on Gov.uk.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask Her Majesty's Government, further to the Written Answer by Lord Ahmad of Wimbledon on 21 January (HL142), when they were first notified that the government of the United States had made a decision to use lethal force against General Soleimani.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
I refer the noble Lord to the answer of 21 January 2019, PQ HL142:
We became aware of the operation as it happened. We do not comment on our allies' operational decisions.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask Her Majesty's Government, further to the statement by Lord Ahmad of Wimbledon on 7 January (HL Deb, col 258) and the Written Answer by Lord Ahmad of Wimbledon on 21 January (HL523), whether the military operation on 3 January which killed General Soleimani met the test of imminence for the purposes of self-defence in international law.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
Article 51 of the UN Charter recognises that all States have an inherent right of self-defence. The strike against Soleimani was not a UK operation. It is for the United States to say how the criteria for self-defence are met, and you will be aware that the United States set out the basis for its action in a letter to the UN Security Council dated 8 January 2020.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask Her Majesty's Government, further to the statement made by the Minister for Europe and the Americas on 2 July (HC Deb, col 26) with respect to the publication of the Intelligence and Security Committee reports into detainee mistreatment and rendition, what criteria they will take into account as part of their "careful consideration of calls for a judge-led inquiry"; and whether they intend for the update "within 60 days of publication of the reports" to take the form of a ministerial statement.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
As Baroness Goldie said on 2 July, the Government will aim to provide a full and formal response to the Intelligence and Security Committee's Detainee Inquiry within 60 days of the publication of their reports.
Asked by: Lord Hodgson of Astley Abbotts (Conservative - Life peer)
Question to the Foreign, Commonwealth & Development Office:
To ask Her Majesty's Government whether they plan to publish revised Consolidated Guidance to Intelligence Officers and Service Personnel on the Detention and Interviewing of Detainees Overseas, and on the Passing and Receipt of Intelligence Relating to Detainees; if so, when; and whether that Guidance will reflect the circumstances of the case of Belhaj and another v Straw and others.
Answered by Lord Ahmad of Wimbledon - Minister of State (Foreign, Commonwealth and Development Office)
The Cabinet Office, Foreign and Commonwealth Office, Home Office and Ministry of Defence as well as the security and intelligence agencies, National Crime Agency and SO15 have been fully involved in the work to consider what changes could be made to the Consolidated Guidance. The Government will seek the views of the Intelligence and Security Committee of Parliament on it in the context of their wider Detainee Inquiry which will be published later this year. Mr Belhaj's case was that he was detained and forcibly conveyed through a number of jurisdictions in 2004. The Consolidated Guidance was first published in 2010. On 6 July 2010 Her Majesty's Government made clear that the publication of the Consolidated Guidance was part of its work to settle the issues of the past; make clear the rules of operation for the future; and build a framework for justice that enhanced both security and liberty.