Daesh: Genocide of Minorities

Edward Leigh Excerpts

Wednesday 20th April 2016 Commons Chamber

[Sir Edward Leigh (Gainsborough) (Con)]

I agree with all of that, and I want to follow on directly from the speech given by my hon. Friend the Member for Enfield, Southgate (Mr Burrowes). This is a vital motion and an important moment for the Minister. We want no more weasel words; we want him to accept this motion; we want him to accept what this motion calls for in clear and explicit terms, which is for the Government

“to make an immediate referral to the UN Security Council with a view to conferring jurisdiction upon the International Criminal Court”.

The Government’s attitude up to now has, I agree, been based on precedent, but I do not believe that precedent is enough in this case, given the horrors that are going on in the world. I would be delighted if the Minister—he can intervene now if he wants—accepted the motion on behalf of the Government. If he does, we have already won this debate, but there is absolutely no point in the Minister using his time to condemn Daesh, and mention all its appalling acts, only to say at the end of his speech, “I am very sorry, but because of legal precedent”—my hon. Friend the Member for Enfield, Southgate, referred to the circularity of the argument—“the Government think it is for the court to take the initiative and that it is inappropriate for the British Government to take action.”

[Mr Burrowes]

There is one person who is waiting, and who says that he is there, ready to play his full part according to the proper statute: the prosecutor of the International Criminal Court. He is waiting for a referral from the Security Council so that he can investigate properly and independently and hold these people to account.

--- Later in debate ---

[Sir Edward Leigh]

Absolutely. I see in his place the Minister, who is listening to what we are all saying. I know that he is about to deliver a strong and powerful speech. I know that he will not just condemn Daesh, but say “Yes, we have listened to the debate in the House of Commons, and we will act by making a referral to the Security Council.”

Let us look at the facts and the pure legal argument, which has nothing to do with the motion. The criteria set forth in the 1948 convention on the prevention and punishment of the crime of genocide are absolutely clear. The crime is defined as acts

“committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.

The convention then lists five qualifying conditions:

“(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.”

It is clear—it is blatantly obvious—that conditions (a), (b) and (c) are in effect, and that those things are going on in the areas under Daesh’s control. It is vital to recall that even if just one of those conditions is met, the declaring of acts as genocidal is allowed. On the basis of the clear legal criteria, there is absolutely no doubt that genocide is being committed. It is therefore the duty of Her Majesty’s Government, in terms of humanity and not just in terms of legal arguments, to do their duty now, to stop prevaricating, to accept the motion, and to refer this to the Security Council.

It would be intolerable for the Government to whip against the motion and force members of the payroll to vote against their own consciences, or abstain. It would also be intolerable if the Government, by some sleight of hand, allowed the motion to be agreed to, and then said that it was not binding on them. If the motion is agreed to—I sincerely hope that the Minister will not speak against it, and that it will not be whipped against—the House of Commons will have spoken, and the Government should act.

So many powerful speeches have been made, but the most powerful of all was by the hon. Member for Glasgow East (Natalie McGarry). Why was it so moving? Why was it so powerful? Because it consisted of the explicit personal experience of someone who talked about girls of nine being raped and killed by this murderous cult.

I myself have visited the area. Of all the Christian villages that I visited, 19 have been taken over by Daesh, and only one remains. We visited the tomb of the Prophet Nahum, and we saw what he had written:

“Your people are scattered on the mountains with none to gather them”,

and

“The gates of your land are wide open to your foes.”

Enough is enough. I call on the Government to act.

--- Later in debate ---

[Sir Edward Leigh]

Will the Minister give way?

[Mr Ellwood]

I will not give way.

Although a UN Security Council referral to the International Criminal Court is one option, there are other potential options for bringing Daesh to justice. In the meantime, we are supporting the gathering and preservation of evidence that could in future be used in a court to hold Daesh to account. I believe there is a very strong case to be answered, but we must clarify what we mean by genocide. As other hon. Members have mentioned, this refers to acts committed with intent to destroy in whole or in part a national, ethnic, religious or racial group. However, we must also consider crimes against humanity, which refer to acts committed as part of a widespread, systematic attack directed against any civilian population. That includes murder, extermination, enslavement, deportation, imprisonment, torture, rape, sexual slavery and other forms of sexual violence. Furthermore, war crimes refer to grave breaches of the Geneva conventions. It may transpire that all three cases apply in this instance.

That is why we will do everything we can to help gather evidence that could be used by the judicial bodies, who are the appropriate people to judge these matters, to make a judgment. It is vital that that is done now, before evidence is lost or destroyed. Ultimately, this is a question for the courts to decide; it is not for Governments to be the prosecutor, judge or jury. The Prime Minister also said:

“Not only are the courts best placed to judge criminal matters but their impartiality also ensures the protection of the UK Government from the politicisation and controversies that often attach themselves to the question of genocide.”

It is essential that these decisions are based on credible judicial process, but that does not mean that we wash our hands of this issue. Right now, our priority is to prevent atrocities from taking place, and that is why we are playing a leading role in the global coalition against Daesh. I make it clear that, in the long term, we must hold Daesh to account for the atrocities it commits. The evidence that we are helping to gather now will ensure that the perpetrators of these crimes always know that the threat of prosecution is hanging over them.

We should make no mistake: British and international justice have a long reach and a long memory. We will track down those who commit these acts and hold them to account, no matter how long it takes. It took over a decade to track down Radovan Karadzic, but last month he was finally convicted and held to account for his crimes.

The UK is taking a lead on the international response to this issue. In September 2014, we co-sponsored the UN Human Rights Council resolution mandating investigation of Daesh abuses in Iraq. Working with international partners, we are seeking ways to support the gathering of crucial evidence that can be used by the courts to hold Daesh to account.

We must ensure that Daesh is held to account for its barbaric crimes against the majorities and minorities involved—Shi’a and Sunni Muslims, Christians, Yazidis, Kurds and other groups. Ultimately, the only way to put an end to these crimes and to liberate the people of Iraq and Syria is to defeat Daesh. We must continue to expose it for what it is: a failing organisation that is losing territory, struggling to pay its fighters and betraying Islam in all it stands for.

On that note, as I said last week, if we look at the profile of any suicide bomber, from Bali to Sousse, we see that they are sold martyrdom by extremists as a fast track to paradise. People who have scant knowledge of the Koran are promised a ticket to heaven with little, if any, understanding of or service to God. If we are to defeat extremism and stem the churn of vulnerable recruits, we must all emphasise the importance of the duty to God in this life as well as the next. Indeed, the Koran forbids suicide.

As has been said or implied in the House today, the UK has the aspiration and means to play a significant role in world affairs. Our historical links, now forged into bilateral and regional interests, mean that we are expected not just to take an interest, but to show leadership on the world stage. We are seen as fair, knowledgeable and trustworthy. We are playing a leading role in defeating Daesh on the battlefield and in defeating its ideology. We will hold Daesh to account in the courts for its terrible crimes, no matter how long it takes.