Sale of Arms: War in Yemen

Emily Thornberry Excerpts

Monday 13th July 2020 Commons Chamber

[Emily Thornberry (Islington South and Finsbury) (Lab) (Urgent Question)]

To ask the Secretary of State for International Trade if she will make a statement on her decision to resume the sale of arms to the Saudi-led coalition for use in the war in Yemen.

[The Minister for Trade Policy (Greg Hands)]

The Secretary of State has retaken the licensing decisions, as required by the Court of Appeal. All existing and new applications for Saudi Arabia for possible use in the conflict in Yemen will be assessed against the revised methodology, which considers whether there is a clear risk that the equipment might be used in the commission of a serious violation of international humanitarian law.

The revised methodology was developed to address the Court of Appeal’s judgment. It considers all allegations that are assessed as likely to have occurred and that have been caused by fixed-wing aircraft, reflecting the factual circumstances that the court proceedings concerned. It remains the case, however, that it can be extremely difficult to reach firm conclusions as to whether specific incidents violate the principles of international humanitarian law. Therefore, where an incident is assessed as a possible breach, it is regarded for the purposes of the relevant analysis as if there were breaches of IHL. I emphasise that that analysis is just one part of the assessment.

In retaking these decisions, the Secretary of State has considered the full range of information available to the Government. Some of that information is necessarily sensitive and confidential. I am therefore not able to go into detail about individual assessments. The crucial point is that we have assessed that there were a small number of incidents that have been treated, for the purposes of this analysis, as violations of international humanitarian law. However, these were isolated incidents and our analysis shows that Saudi Arabia has a genuine intent and the capacity to comply with international humanitarian law and the specific commitments it has made.

It is on that basis that the Secretary of State has assessed that there is not a clear risk that the export of arms and military equipment to Saudi Arabia might be used in the commission of a serious violation of international humanitarian law.

[Emily Thornberry]

Thank you, Mr Speaker, for granting this urgent question, although I am sorry the Secretary of State cannot be dragged here to explain her own decisions. There is certainly much explaining to do. In my limited time, I have five questions for the Minister and one specific request.

First, we welcome the Secretary of State’s assessment of possible violations of international law in Yemen, but can the Minister explain why his brother Ministers have been telling the House for the last five years that such an assessment was impossible for Britain to make, and that it could be made only by Saudi Arabia itself? Were those Ministers simply wrong?

Secondly, the Secretary of State has concluded that where international law was broken in Yemen these were “isolated incidents”. Can the Minister tell us how many such incidents were identified, so that we can understand how they define the word “isolated”?

Thirdly, the Government say they have found no patterns of civilian infrastructure being targeted. Can the Minister therefore explain why, for 17 months at the start of the war, Saudi planes systematically destroyed Yemen’s means of food production, bombing farmland, markets, milk plants and fishing boats? If that is not a pattern, what is?

Fourthly, as well as deliberate targeting, the Minister will know that the indiscriminate bombing of civilian areas is in itself a war crime, but the Government say the Saudis could not have meant to break international law because their violations

“occurred at different times, in different circumstances and for different reasons.”—[Official Report, 7 July 2020; Vol. 678, c. 339WS.]

Does the Minister not agree that that sounds like the very definition of the word “indiscriminate”?

Fifthly, the Government have concluded that Saudi Arabia has both the intent and capacity to comply with international law, but if that is the case, will the Minister explain the cause of the occasions on which it has failed to do that?

Finally, it would help all of us to understand the Government’s decision if they would agree to publish the full assessment that underpinned it, including the analysis of each so-called isolated incident. If the Minister believes this decision is not just moral and lawful but correct, then surely he has nothing to fear from publishing that assessment and letting us all decide for ourselves.

[Greg Hands]

I thank the right hon. Lady for her questions, and start by saying that we absolutely share her concern about the humanitarian tragedy in Yemen, which is why the UK is actively engaged in seeking further diplomatic solutions. Let me try to deal with her questions, as far as I am able, as some of the matters are within the competence of the Foreign, Commonwealth and Development Office and the Ministry of Defence.

Ministers have of course not been wrong in their assessment; if they had been wrong, they would have come to the Dispatch Box. The consolidated criteria have been used in all the assessments of the licences. The number of incidents is an operational question; the role of the Department for International Trade is in assessing the consolidated criteria.

The right hon. Lady talked about a number of incidents over different times and in different ways. The assessment was that there is no pattern in the behaviour of Saudi Arabia, and that these were isolated incidents over some considerable time and also at different times.

The right hon. Lady mentioned the intention and capacity to comply and publish the full assessment of the various incidents and asked for a full analysis of each incident. It is worth saying—as you, Mr Speaker, will certainly understand—that assessments of the different incidents that took place in Yemen will often be informed by confidential information that comes to the Government not necessarily from Saudi Arabia; it would not be appropriate for us to publish those assessments. What we have published, however, are the consolidated criteria and the quarterly lists of each licence that has been granted.