Syria and the Use of Chemical Weapons

Guy Opperman Excerpts

Thursday 29th August 2013 Commons Chamber

[Guy Opperman (Hexham) (Con)]

I am a former human rights and criminal lawyer who has worked in this country and abroad, and I want to address the legality of the process we face today. The effectiveness of chemical weapons is beyond doubt—that is why people want to use them. Their usage is a war crime and a humanitarian catastrophe, and I agree that the perpetrator, in any circumstance, should face justice.

It is a sad fact that all of our constituents are scarred by the Iraq and Afghanistan experience, which has poisoned the well of public confidence in so many ways. The public clearly lack confidence in our attempts at foreign policy. I know that the majority of my constituents in Northumberland and the majority of those in this House of Commons do not want to get involved in a civil war in Syria. Neither do I. I am clear that I have no desire for land forces or long-term involvement in this civil war, however abhorrent both sides are. I am grateful that both the Government and the Opposition have made that point clear. The reality of the situation is that we are only discussing the limited use of potential air strikes to diminish chemical weapons capacity.

I welcome the Prime Minister’s approach in holding the debate today, the decision to hold a second debate in the future, the publication of the JIC report and the Attorney-General’s legal summary. I thank my right hon. and learned Friend for the meeting yesterday. The revised motion gives a stronger and greater role to the United Nations. If anybody could urge the United Nations to resolve this, all of us would do so. Both the motion and the amendment seek the UN’s assistance. Whether we would be able to achieve that is a separate matter.

On usage and evidence, many have made the case that there is widespread and extensive evidence—from multiple intelligence agencies and the Arab League—of the repeated use by Assad of chemical weapons in the past couple of years, certainly in excess of a dozen times. All participants admit the usage on 21 August, when 300-plus were killed and 3,000-plus were maimed. If there is a delay, we hope that the UN can assist, but what do we do if 98% of the UN wish to pass a resolution but a country such as Russia blocks us? That has been the reality for some time and I suspect that that will be the reality in the future. One has to pose the question that if an incident like the holocaust were to happen tomorrow and one of the Security Council objected, what would the rest of the world do? We have to ask whether we are prepared to allow Russia to be the sole determinant of which part of international law is to be observed. Exact parallels can be found in the Kosovo situation in 1999, when Russia sought to prevent any NATO action.

[Mr Robert Buckland (South Swindon) (Con)]

I am listening carefully to my hon. Friend’s analysis of the UN. The General Assembly is about to meet. Does he agree that using the General Assembly as a mechanism by which we could obtain a recommendation for action in Syria would be a sensible option for us to consider before exhausting all mechanisms within the UN?

[Guy Opperman]

I completely endorse that. In Kosovo in 1999 there were three broadly supported UN resolutions. Although not enough to get over the UN hurdle that we seek to overcome, they did provide the assistance and support that such a course would entail. We have to address what the legal basis is for any proposed action by the British or other international troops.

[Bob Stewart]

I will make one point. I very carefully studied United Nations Security Council resolutions in 1992 as an authority for action. It is only the Security Council of the UN, as it is currently constituted, that will give authority for international action under article 6 or article 7.

[Guy Opperman]

With no disrespect to my hon. Friend—my honourable and respected military friend—I disagree. Subsequent to 1991, the responsibility to protect protocols were introduced, particularly post-1999 in Kosovo. I accept that we are not in a UN article 51 charter case. We are not acting in self-defence. We are not, as a nation, in any way threatened. However, the process of R2P does allow NATO to act when certain preconditions, as set out in the Attorney-General’s guidance, are maintained.

On this particular point, I urge my hon. Friend the Member for Beckenham (Bob Stewart) and anyone who is concerned about this issue to go through the Attorney-General’s guidance, which has been published today. An objective has to be identified. In this case, it would be the objective of attempting to stop the specific spread and repeated use of chemical weapons. There could be little doubt that such an outrage constituted a humanitarian disaster, and we would need to be satisfied that every means, short of force, had been taken to resolve this specific situation in Syria. To that end, the revision of the motion and the encouragement of the UN makes specific the assistance on this particular problem that a military officer, such as my hon. Friend the Member for Beckenham, would have previously had in those circumstances. We would then have to consider that the proposed action was the only means to averting further and immediate human catastrophe. As the Attorney-General made clear, the force proposed would need to be both proportionate and specifically directed to stop the possible future use of chemical weapons.

I have already mentioned the example of Kosovo in 1999, but historians and lawyers could set out similar actions. Action was taken in Liberia in 1990 and elsewhere in the past 20 years. Surely the point is this: R2P was brought in to address the question of whether, as a last resort, humanitarian intervention is authorised under international law. We are clearly not yet in that situation, but the power to act and a lawful course are clearly set out.

Today is not about military action or involvement in another country’s civil war; all agree that the issue is not about boots on the ground. It is about a war crime—the massive use of chemical weapons—and several countries in the world attempting to prevent the extended and further use of such weapons. Before any further specific action is taken, the House will have a second debate and will be provided, I hope, with an understanding of our objectives and strategy, the upsides of action or inaction, and an exit policy. I welcome and support the revised motion on those grounds.

--- Later in debate ---

[Mr Douglas Alexander (Paisley and Renfrewshire South) (Lab)]

I thank right hon. and hon. Members for their contributions to the debate. The speeches have genuinely been a testament both to the wealth of experience and the expertise contained within this House, and to the concerns, questions and fears of many of its Members. In particular, all Members will have been grateful for the speeches given by former Foreign and Defence Secretaries on both sides of the House. Given the time available, and the number of Members who have spoken, I cannot hope to acknowledge all the contributions, but I wish to place on record both my respect and my gratitude for the tone of the debate, the nature of the interventions and the sincerity of the speakers.

Let me start on the common ground. This House stands united in its revulsion at the reports of the use of chemical weapons being deployed against innocent men, women and children in Syria. The use of chemical weapons is not just deplorable; it is both immoral and illegal. Since the Geneva protocol of 1925, the use of such weapons has been prohibited. Hon. Members are therefore right to be horrified and revulsed by reports of their use, and to be deeply concerned as to how to protect the international prohibition of their use that has been in place for decades.

There is also common ground across the House in recognising the suffering and the scale of the slaughter in Syria. In the past two years, more than 100,000 people have been killed and more than 6 million people are in need of humanitarian assistance. Already 2 million refugees have fled Syria, 1 million of whom are children. All of us should be proud of the humanitarian aid that the British Government and British non-governmental organisations have provided to help alleviate the suffering of the people of Syria and the wider region. Now, however, as the crisis deepens and the pressures on Syria’s neighbours grow, the international community is right to intensify the diplomatic and humanitarian efforts to help relieve the suffering and prevent further bloodshed. Ultimately, a way will have to be found back to talks. We all recognise that, and that the process to get to talks will need to involve not just the Russians but discussions with neighbouring countries Jordan, Lebanon and, yes, Iran, as well as those within Syria.

In the light of these recent attacks and the wider circumstances, we all recognise that on Syria the House faces the prospect of grave and difficult choices. All of them involve real risks and challenges. There are no good choices available, and that includes the choice not to act. Every judgment will have consequences, and all the consequences of any judgment cannot be known at the time when that judgment is exercised.

As the Opposition, we believe that our national interests are best protected not by rushed action, which would seek to bypass vital steps that the Security Council could and should take, but by multilateral efforts and a world order governed by rules. There have been reports in the media that we are seeking a UN moment in Syria, but as the Leader of the Opposition told the House earlier, these are not our words. The right response from the British Government is not to engineer a UN moment, but to adhere to UN processes and international law.

I freely acknowledge the limitations and past failures of the United Nations, but it remains the indispensable institution of international law and that is why my party continues to believe that it should be the focus of both diplomacy and action.

Let me turn to the substance of the amendment for which we will be voting this evening. We believe that the House deserves and the country expects more clarity than is set out in the wording of the Government motion. Specifically, our amendment sets out a road map for decision, with clear steps that would need to be taken and conditions that would need to be met before the use of force could be authorised.

Let me address directly a point made by the right hon. and learned Member for North East Fife (Sir Menzies Campbell), a man for whom I have great respect. I want to talk about the differences between the Opposition amendment and the Government motion, and why they matter. The test set by our amendment for the Syrian regime’s responsibility for the use of chemical weapons is “compelling evidence”. That test is absent from the wording of the Government motion. I do not believe, not least because of past mistakes, that satisfying ourselves that evidence of Assad’s responsibility is compelling is too high a hurdle to expect—indeed, I suggest that the public would expect nothing less ahead of any UK military action in Syria. That threshold should be explicitly stated in the motion.

Secondly, our amendment explicitly states that the United Nations Security Council would need to have considered and voted on the evidence presented by the UN weapons inspectors. No such commitment to a Security Council vote is contained in the Government’s motion. Indeed, the Prime Minister’s remarks earlier today did not once make explicit a reference to a vote of the UN Security Council on a resolution in relation to Syria. That matters because surely to exhaust, and be seen to exhaust, the processes of the United Nations would be crucial to seeking the broadest possible support for any subsequent military action on an alternative legal base. Such a vote—and, let us freely acknowledge, quite probably a veto—in the Security Council of the United Nations would also make it clear where each member of the Security Council stood.

Thirdly, our amendment states that in making a decision to commit force, regard must be had to the potential consequences in the region. The region is experiencing unprecedented turmoil. Syria as a nation state is dissolving before us. That disintegration has already exacerbated sectarian tensions across the region, destabilised neighbours and caused horrific refugee and humanitarian crises. It is surely reasonable for the impact of any military action to be explicitly considered in that context, and that consideration should appear on the face of the motion.

Fourthly, our amendment specifies that any decision to authorise force would be time limited. Given the deep anxiety in the House and across the nation about the risk of deepening and ever longer engagement in Syria, that would mean that the House would not give the Government authority for an open-ended military commitment. These are material issues. I urge Members on both sides of the House to reflect on those differences and support our amendment.

Surely Members can also understand that the need for such a clear and considered road map to decision is made all the more crucial given that in recent days there have been real and growing concerns in the country that we are being pushed too quickly towards military action on a timetable set elsewhere, without due process being followed and the necessary steps being taken. Indeed, the case for action is not helped by the suggestion from some of our allies that the objective has more to do with punishment than with protection. Let me be very clear with this House: punitive action—action motivated by a desire to punish—would have no basis in international law. To be legal, the objective of any such mission would need to be to protect the people of Syria, not to punish the rulers of Syria.

[Guy Opperman]

Will the right hon. Gentleman give way?

[Mr Alexander]

I am keen to make a little progress.

Let us be candid as to why we are gathered here this evening—[Interruption.] I will take interventions, but let me develop the point. Once the Government accepted our case, late yesterday, that there needed to be a further vote of the House of Commons when the evidence is available to us, today’s debate truly became a parliamentary recall in search of a public rationale. This morning, it was then reported on the BBC that the House was being asked by the Government motion to agree tonight to the principle of British military action in Syria, without a vote having taken place at the UN Security Council or that body, or indeed this House, having yet had sight of the UN weapons inspectors’ report. Although it would be wrong to rule out the use of force before the evidence is before us, it would also be wrong to rule force in before the evidence is before us. That is why Labour has tabled an amendment, why we will be voting for our amendment, and why we will be urging Members from all parts of this House to support it.