Iraq: Coalition Against ISIL

David Burrowes Excerpts

Friday 26th September 2014 Commons Chamber

[The Prime Minister]

I promise the House that I will give way more. I want to leave plenty of time for other contributions, but I want to turn directly to the question of legality. The Attorney-General has given his advice on the action we propose to take. There is a clear legal base for UK military action to help Iraq defend itself from ISIL. A summary of this legal position is being placed in the House of Commons Library. The Iraqi Government have requested our help and given their clear consent for UK military action, so there can be no question about this. We have the letter from the Iraqi Government to the UN Security Council, we have the public statements from Prime Minister Abadi and President Masum, and we have the personal requests made to me and to the full UN Security Council by Prime Minister Abadi in New York on Wednesday. So there is no question but that we have the legal basis for action, founded on the request of the Iraqi Government.

Let me briefly address the fact that we will be acting in support of local partners, which has been a major concern of Members across the House. We have a substantial international coalition in place, including Arab nations committed to confronting and defeating ISIL. Sixty countries are acting in some way to help to tackle ISIL. Of these, 10 are Arab states, five have already taken part in air strikes with the Americans in Syria, and even regional powers, such as Iran, are publicly condemning the extremists.

As I have said, our differences with Iran remain. Iran’s support for terrorist organisations, its nuclear programme, the treatment of its people, all have to change, and we will not back down on these things. But if Iran’s political leaders are prepared to help a more secure, more stable, more inclusive Iraq and Syria, we should welcome their engagement.

[Mr David Burrowes (Enfield, Southgate) (Con)]

On the question of the legal principle, clearly there is one given the consent from the Iraqi Government, but will the Prime Minister confirm that there is also the important principle of responsibility to protect from genocide, which is on the table, and capable of wider application?

[The Prime Minister]

My hon. Friend is absolutely right. There are a variety of legal arguments that can be deployed. In this case it could not be clearer that we are acting at the request of a sovereign state, and if we were to act in Syria, I believe that would be the legal basis too: collective self-defence against ISIL which threatens Iraq. But my hon. Friend is absolutely right to say, and I have said this in the House before, that if one is averting a humanitarian catastrophe, that is a legal basis on which to act. Let me be clear again that although it is right that we are having this debate and this vote, if there was a moment when it looked as though there could be an urgent humanitarian need for intervention, I would be prepared to order that intervention and then come to the House and explain why.

We have a comprehensive strategy for action. As I have said, we have a clear request from the Iraqi Government. We have a clear basis in international law. We have a substantial international coalition, including many Arab partners, and we need to act in our own national interest. So I believe that it is morally right that we now move to a new phase of action by asking our armed forces to take part in international air strikes against ISIL in Iraq, and I believe we should do so now.

--- Later in debate ---

[Mr Dominic Grieve (Beaconsfield) (Con)]

It is my intention when the House divides this afternoon—if it does divide—to support the Government’s motion, but in doing so I am very mindful, having listened to the hon. Member for Birmingham, Perry Barr (Mr Mahmood), my hon. Friend the Member for Gravesham (Mr Holloway)—indeed, even the hon. Member for Bradford West (George Galloway), had he not treated the House as the recipient of a human foghorn—that they had some important points to make. A note of caution needs to be sounded about what we are trying to do.

The Prime Minister made a powerful case. First, he said that ISIL is a threat to this country directly. I have no doubt that he is right about that. Having spent the first six months of this year signing off consents for the prosecution of young people returning from Syria, where they had served and trained with ISIL—and, in some circumstances with clear evidence, it seemed to me, that they had participated in atrocities—I am perfectly alive to the fact that that threat is real. However, I sound this note of caution. Simply bombing ISIL—whether in Syria, or Iraq, as we are planning to do—is not going to make that threat go away. Even if we ultimately get rid of the ungoverned space, the threat will remain unless or until civil society exists within the Muslim world of a kind that provides a model of how people can co-exist peacefully. We face a challenge domestically, which we must not shirk, in persuading people that that peaceful co-existence exists here and they should not be inclined to emulate what they see in the middle east.

The second factor, and for me the most persuasive, is the genocide being perpetrated in northern Iraq and Syria. This country has a long history of international involvement, and although we may be able to make only a small contribution, I find it difficult to see how we should sit on our hands when a barbarous group of individuals perpetrates the kind of crimes we see daily on our screens. If we can make a contribution to dealing with that, the justification for military intervention is there.

[Mr David Burrowes (Enfield, Southgate) (Con)]

My right hon. and learned Friend is making a compelling case. Would he advise the House that the legal principle of the responsibility to protect in relation to genocide has a wider application that goes beyond the Iraqi borders into Syria?

[Mr Grieve]

I am grateful to my hon. Friend—that is precisely the point to which I was about to come.

I have not the slightest doubt that the legal framework exists to take action in support of the Iraqi Government, at their request, to deal with ISIL. I am clear that the legal base is present for that, and the House should not be concerned on that issue. Equally, so far as action in Syria is concerned, should the Government ever be minded to pursue that option and the House to debate it, the preconditions for action in Syria are also present: first, because of the right to self-defence of the Iraqi Government when some of the attacks are clearly coming across the Syrian border; and secondly, because of the doctrine of humanitarian necessity in terms of intervention to protect the population in northern Syria from ISIL’s attacks—something we have seen in recent days in the Kurdish villages by the Turkish border.

In his speech, the Leader of the Opposition rightly raised the question whether, on that latter point, there should be a resolution of the United Nations Security Council. There is no doubt that it has an important role to play in issues concerning humanitarian necessity, but the Government will at least have to consider whether any application, if it were to come, to the UN for such a resolution has any prospect of success. The ability to intervene, I have no doubt, exists, even if no such resolution is present.

However, the Leader of the Opposition’s comments and those of other Members highlight one of the really important challenges we face. The fact that the framework for legal intervention is present will not necessarily mean that the intervention that subsequently takes place meets the criteria of lawfulness. It has to be reasonable, necessary and proportionate to the aim that has to be achieved. In that, I can well understand the Government’s making a distinction between the situation in Syria and that in Iraq. Even in the context of Iraq, there are some pretty serious challenges. Some of our partners—including particularly the Iraqi Government—have a rather chequered human rights record. We must avoid being party to the ill treatment of prisoners, to the massacre of prisoners, or indeed to any action on the battlefield that could take place that we might facilitate by our aerial intervention. I trust that the Government have looked carefully at that in finding ways of co-operating.