Arms Sales to Saudi Arabia

Hilary Benn Excerpts

Thursday 28th January 2016 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

(Urgent Question): To ask the Secretary of State to make a statement on arms sales to Saudi Arabia in the light of the report of potential breaches of international humanitarian law in Yemen.

[The Parliamentary Under-Secretary of State for Foreign and Commonwealth Affairs (Mr Tobias Ellwood)]

As the Prime Minister said yesterday, the Government take their arms export responsibilities very seriously and operate one of the most robust arms export control regimes in the world. All export licence applications are assessed on a case-by-case basis against the consolidated EU and national arms export licensing criteria, taking into account all relevant factors at the time of the application. A licence will not be issued for any country if to do so would be inconsistent with any provision of the mandatory criteria, including where we assess there is a clear risk that it might be used in the commission of a serious violation of international humanitarian law. All our arms exports to Saudi Arabia are scrutinised in detail through established processes and against the EU and national consolidated criteria.

The Government are aware that UK-supplied defence equipment has been used in Yemen. We take very seriously any allegations of IHL violations and regularly raise the importance of compliance with the Saudi Government and other members of the military coalition, as I did when I visited Saudi Arabia on Monday. We have said that all allegations of IHL violations should be investigated.

The Ministry of Defence monitors incidents of alleged IHL violations using the available information, which in turn informs our overall assessment of IHL compliance in Yemen. The Government are satisfied that extant licences for Saudi Arabia are compliant with the UK’s export licensing criteria.

As the House knows, the situation in Yemen is complex and difficult. The UK supports politically the Saudi-led coalition intervention, which came at the request of the legitimate President Hadi, to deter aggression by the Houthis and forces loyal to the former President Saleh and allow for the return of the legitimate Yemeni Government.

We have been clear with all parties that military action should be taken in accordance with IHL. The coalition has played a crucial role in reversing the military advance of the Houthis and forces loyal to the former President, which is now helping create the conditions for the return of the legitimate Yemeni Government.

The military gains of the coalition and the Yemeni Government must now be used to drive forward the political process. The UN-facilitated political talks are the UK’s top priority, and they are likely to recommence in February.

[Hilary Benn]

I thank the Minister for his reply. As the House knows, there is a humanitarian catastrophe in Yemen as a result of the civil war, in which more than 7,000 people have been killed, 2.5 million displaced, and millions more left without food. We all want to see the return of a legitimate Government to Yemen, but non-governmental organisations, including Médecins sans Frontières, Amnesty International and Human Rights Watch, have reported serious potential breaches of international humanitarian law by all sides, and the UN has spoken out about what is happening.

Yesterday, it came to light that the final report of the UN panel of experts has

“documented that the coalition had conducted airstrikes targeting civilians and civilian objects, in violation of international humanitarian law.”

It refers to weddings, civilian vehicles, residential areas, schools, mosques, markets and factories. I understand that the Government received the report on Monday. Will the Minister set out what specific action, if any, has been taken since receiving it?

The panel documented 119 coalition sorties relating to violations of international humanitarian law, and we know that UK armaments and planes sold to Saudi Arabia are legitimately being used in this conflict. However, our arms export licensing criteria state clearly that

“the Government will...not grant a licence if there is a clear risk that the items might be used in the commission of a serious violation of international humanitarian law.”

Will the Minister explain how many of these incidents have been examined, and why he is satisfied that IHL has not been breached? How many of the 119 Saudi-led coalition sorties have the British personnel on the ground provided a “quick check” on given that the Foreign Secretary told the House that

“our people on the ground have reported that there is no evidence of deliberate breaches of international humanitarian law”?—[Official Report, 12 January 2016; Vol. 604, c. 697.]

Can the Minister explain how he squares that statement with the conclusion of the UN panel of experts? Will the Minister assure the House that he has not received reports from our personnel of any breaches of international humanitarian law and not just “deliberate” breaches?

Given all the reports, particularly the findings of the new UN panel, will the Minister explain on what grounds he thinks that there should not be a proper investigation into whether there is a clear risk that British items might be used in the commission of a serious violation of international humanitarian law? Given the detail of the UN panel’s report and the extreme seriousness of its findings, will the Government now suspend arms sales to Saudi Arabia until that investigation concludes? This is about whether the Government are implementing their own arms control rules. Appearing to be reluctant to do so does them no credit nor does it help those who are affected by this conflict, which urgently needs to come to an end.

[Mr Ellwood]

First, I thank the right hon. Gentleman for the tone and manner in which he has raised these very important issues. He was absolutely right to start by outlining the humanitarian catastrophe that we face, with so many people failing to get the food and water necessary to survive.

Unfortunately, NGOs are prevented by the conflict from getting to the very areas they need to reach. Sadly, however, we have also seen the Houthis using food—denying it to people—as a weapon of war. Not only have they taken away trucks from NGOs and UN organisations, but they have taken away the trucks that Saudi Arabia has provided. The kit, trucks, food and water have all been stolen by the Houthis and distributed by them to favour their supporters in a country that—we should understand this—is extremely complex. Even the concept of the nation state is very modern in a country that, for thousands of years, has been conducted as a tribal society, where loyalty is to the family, the community and the tribe.

The right hon. Gentleman mentioned potential breaches. I am pleased that he used the words “alleged” and “potential”, because it is important that this is evidence-based: we need to see the evidence and the details to make firm judgments, rather than rely on hearsay or, indeed, photographs. That is what we should do to understand such a dynamic situation, in which asymmetric warfare is being used.

We are aware that the Houthis, who are very media-savvy in such a situation, are using their own artillery pieces deliberately, targeting individual areas where the people are not loyal to them, to give the impression that there have been air attacks. That is not to exonerate Saudi Arabia from any of the mistakes it might have made, but it is why it is so important to have a thorough process to investigate absolutely every single incident. During my visit this week, I made it very clear that while we now have a process to be followed in Saudi Arabia—as in Kunduz, and in countries such as Afghanistan—it must be improved: every time an alleged incident is put forward by an NGO or another country, Saudi Arabia must conduct the necessary process to confirm exactly what happened and whether its aircraft were involved. If the Saudi Arabians were involved, they must put up their hands and follow the due processes of international law.

The right hon. Gentleman referred to the report by the UN panel of experts. He has a copy of it, and so do I. However, it is the leaked report. It was received by the UN on Monday, but not given to us. We have not officially received the report. [Interruption.] Yes, of course I have got it, but I have not received it or had time—[Interruption.] The hon. Member for Rhondda (Chris Bryant) should hang on for a moment. I have not received it officially, and it is important to have a chance to digest it.

From what I have read of the report, I can say that I take it extremely seriously, as we absolutely must. I commit myself to inviting the Saudi Arabians to sit down with us at a very senior level. There are two opportunities to do so next week: first, in Rome, where the counter-Daesh coalition will meet; and secondly, in London, where, as the right hon. Gentleman will be aware, we are hosting the Syria conference. We will sit down and discuss with them the allegations and all the information in this important report.

We should however recognise, as I know from having been able to glance at the report, that the people who wrote it did not visit Yemen. They did not actually go there, but based the report on satellite technology. That does not mean that we should dismiss it; we are taking it very seriously, and I commit myself to sitting down with the Saudi Arabians to go through it with a fine-toothed comb. I just make it very clear, however, that we must do so in a methodical way, on the basis of the evidence and following the process itself.

The right hon. Gentleman spoke about the number of sorties that have taken place. Yes, there are questions about many of the sorties, but we must understand that thousands of sorties are taking place and we must put the questions about those sorties in that context.

As the Prime Minister and the Foreign Secretary have said, it is clear that we are not part of this coalition—we are not in the targeting cell—but it is important, because of the equipment we are selling to Saudi Arabia, that we make sure due process is followed absolutely.