Landmines and Cluster Munitions

Lord Stirrup Excerpts

Thursday 3rd April 2025 Lords Chamber

[Lord Stirrup (CB)]

My Lords, in the brief time allotted, I want to make simply one point and pose two questions.

My point is that the law of armed conflict does not prohibit the killing of civilians. It says they must not be targeted, that they must be protected as far as is feasible, and that the risk posed to civilians by military operations must be proportionate to the military advantage sought. That point is crucial.

I come to my first question. During the Second World War, anywhere between 600,000 and 1 million civilians died in the siege of Leningrad, nearly all from starvation. If that siege could have been prevented or even truncated by the use of antipersonnel landmines and/or cluster weapons, would their use have been justified, or should the appalling death toll have been allowed to continue?

My second question is: if we were faced on our border with an aggressive, unprincipled and ruthless foe determined upon destruction and subjugation, and the use of mines and/or cluster weapons would be pivotal in deterring or defending against such a foe, would we be right to use them or should we allow our infrastructure to be destroyed, our civilians to be killed and our children to be kidnapped? Perhaps certitude is easier and more comfortable the further removed one is from the direct threat.

In thinking about the safety of civilians in war, it is crucial to weigh all the factors and to search for a balanced judgment in line with the law of armed conflict. Absolute prohibitions do not lend themselves to such weighing and judging, especially when they are applied only to the defendant.

Finally, the best way to ensure the safety of civilians is to deter aggressors from attacking in the first place. The more risk we take with deterrence, the more we risk civilian as well as military lives.