Syria and the Use of Chemical Weapons

Debate between Ed Miliband and Julian Huppert

Thursday 29th August 2013 Commons Chamber

[Edward Miliband]

I give way to the hon. Member for Cambridge (Dr Huppert).

[Dr Huppert]

The Leader of the Opposition is right that the UN Security Council should not be just a sideshow, but why does his amendment merely say that the Security Council should have voted on the matter, rather than that it should have voted in favour of some intervention?

[Edward Miliband]

I will come directly to that question. It is because there will be those who argue that in the event of Russia and China vetoing a Security Council resolution, any military action would necessarily not be legitimate. I understand that view but I do not agree with it. I believe that if a proper case is made, there is scope in international law—our fourth condition—for action to be taken even without a chapter VII Security Council resolution. Kosovo in 1999 is the precedent cited in the Prime Minister’s speech and in the Attorney-General’s legal advice; but the Prime Minister did not go into much detail on that advice.

It is worth noting that in the Attorney-General’s legal advice there are three very important conditions. The first condition is that there must be

“convincing evidence, generally accepted by the international community as a whole, of extreme humanitarian distress”.

The second is that

“it must be objectively clear that there is no practicable alternative to the use of force if lives are to be saved”.

That is a testing condition, which we need to test out in the coming days and the coming period. Thirdly,

“the proposed use of force must be…proportionate…and…strictly limited in time”.

So the Attorney-General concludes in his advice—it is very important for the House to understand this—that there could be circumstances, in the absence of a chapter VII Security Council resolution, for action to be taken, but subject to those three conditions. That is the case that must be built over the coming period. These principles reflect the responsibility to protect, a doctrine developed since Kosovo which commands widespread support.