Global Human Rights Sanctions Regulations 2020

Lord Naseby Excerpts

Thursday 24th June 2021 Grand Committee

[Lord Naseby (Con)]

My Lords, I agree with the principle of Magnitsky sanctions but have concerns about the implementation. Why? First, we need to remember the vast difference between war crimes and human rights. The European Convention on Human Rights, upon which the British Human Rights Act is based, is wholly inappropriate for application in combat and battlefield conditions. The law that should operate in such circumstances is the law of armed conflict, otherwise known as international humanitarian law.

Secondly, on the evidence, I listened with care to the noble Lord introducing the debate today, and it was a classic case of reliable evidence from known sources over a long time. However, that is not always the case. My understanding of the basic tenet of criminal law—I am not a lawyer—is that you have to know the identity of your accuser, the explicit detail of the evidence and the source of that evidence. That was relayed today, but that has not always been the case.

Thirdly, on imposing sanctions, I looked at some research work that has been done—there is a fair amount of it. The indication is that somewhere between 5% and, at the most, 30% of sanctions result in a desired change, so they have to be seen as a tool of last resort, one to be used when all other tools in the diplomatic toolbox have proved ineffective. I question whether sanctions should ever be used against democracies. Moreover, they are far more likely to affect ordinary citizens than any leader or any other individual being targeted. At a time when we in this country are talking about global Britain and look forward to forging new partnerships in the backdrop of Brexit, we should not rely on sanctions as a tool.

Finally, we should make sure that our own stable is clean. Three years ago, I read the report—and I have it here—from the UK Parliament’s Intelligence and Security Committee, published in June 2018, entitled Detainee Mistreatment and Rendition: 2001-2010. Frankly, I am shocked and appalled that my country should not only condone torture and extensive mistreatment of prisoners but actually in certain cases instigate it. To me as a senior politician with 47 years in Parliament, whatever the threats may be, such practices are totally unacceptable.