Humanitarian Law (Yemen)

Hilary Benn Excerpts

Monday 5th September 2016 Commons Chamber

[Hilary Benn (Leeds Central) (Lab)]

(Urgent Question): To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on Government assessments of breaches of international humanitarian law in Yemen.

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

I should like to thank the right hon. Member for Leeds Central (Hilary Benn) for raising this important matter and to pay tribute to him for his work on keeping the House up to date on these matters and providing the scrutiny we need. Recognising the importance of the issue, my right hon. Friend the Foreign Secretary issued a written ministerial statement today to update Parliament on the situation in Yemen, and this update specifically includes references to international humanitarian law.

We are aware of reports of alleged violations of international humanitarian law by parties to the conflict. As I have said on many occasions, we take these allegations very seriously. The Government regularly raise the importance of compliance with international humanitarian law with the Saudi Arabian Government and other members of the Saudi Arabian-led military coalition. The Foreign Secretary raised the issue of international humanitarian law compliance most recently with his Saudi counterpart, Foreign Minister Adel al-Jubeir, on 22 August. I also did so in Jeddah on 25 August, at the Yemen conference chaired by Secretary John Kerry.

It is important that, in the first instance, the Saudi Arabian-led coalition conducts thorough and conclusive investigations into incidents where it is alleged that international humanitarian law has been breached. This follows international practice. The coalition has the best insight into its own military procedures and will be able to conduct the most thorough and conclusive investigations. This will also allow the coalition forces to understand what went wrong and to apply the lessons learned in the best possible way. This is the standard that we set for ourselves and our allies. In this respect, Saudi Arabia announced more detail of how incidents of concern involving coalition forces are investigated on 31 January. The Saudi Arabian-led coalition joint investigations assessment team publicly announced the outcome of eight investigations on 4 August, and further publications will follow.

I also want to reiterate that clarifications made in the 21 July written ministerial statement do not reflect a change in position. The changes were made to ensure that the parliamentary record is consistent and that it accurately reflects policy. The statement of 21 July outlines that it is

“important to make clear that neither the MOD nor the FCO reaches a conclusion as to whether or not an IHL violation has taken place in relation to each and every incident of potential concern that comes to its attention. This would simply not be possible in conflicts to which the UK is not a party, as is the case in Yemen.”

The MOD monitors incidents of alleged international humanitarian law violations using the available information. This has been used to form an overall view on Saudi Arabia’s approach and attitude to international humanitarian law. In turn, that informs the risk assessment made under the consolidated criteria on whether there is a risk that something might be used in the commission of a serious violation of international humanitarian law. We are not acting to determine whether a sovereign state has or has not acted in the breach of international humanitarian law. Instead, as criterion 2(c) requires, we are acting to make an overall judgment.

I am sorry that there has been confusion. We are responding to two written ministerial statements that were in error. After trawling through other such statements, of which there are more than 90, four more were seen to be in error. I came to the House today in order to clarify that, but as soon as I became aware of it I made a statement and wrote to the right hon. Gentleman and the Chairs of the International Development Committee, the Committees on Arms Export Controls, and the Foreign Affairs Committee. I hope that that has clarified the situation.

[Hilary Benn]

I thank the Minister for his reply. As he knows, there have been many reports by the UN and others of breaches of international humanitarian law in Yemen by both the Houthis and the Saudi-led coalition, which uses British military equipment. Ministers have been repeatedly questioned about that and the Government told the House that they

“have assessed that there has not been a breach of IHL by the coalition.”

Then, as we have just been told, on 21 July—by chance, the day on which the House rose—a written ministerial statement corrected that and other answers, stating that the Government have

“been unable to assess that there has been a breach of IHL by the Saudi-led Coalition.”

That is the very opposite of what the House had been repeatedly told. I listened carefully to what the Minister had to say, but he offered no satisfactory explanation of why that happened. First, will he do so now? It was not a minor correction but a consistent failure to provide Members with accurate answers.

Secondly, the mistakes were identified on 24 June, as I understand it, but they were not reported to the House until 27 days later, even though the “Ministerial Code” says that Ministers must correct

“any inadvertent error at the earliest opportunity.”

Why did it take so long?

Thirdly, after months of the Government being apparently incapable of doing an assessment of international humanitarian law, they have managed to undertake one during the recess in relation to the arms export tests, which state that a licence should not be granted

“if there is a clear risk... of a serious violation”

of IHL. The Foreign Secretary said in a written statement only this morning:

“Having regard to all the information available to us, we assess that this test has not been met.”

When is an assessment not an assessment? Will the Minister now tell us what detailed assessment preceded the conclusion that was reported to the House today and what information it drew upon? Will he publish both?

Finally, will the Government now suspend arms sales to Saudi Arabia until they are able to assure the House that they have done a proper assessment and can explain why they believe that international humanitarian law has not been breached in Yemen when the UN clearly says that it has?

[Mr Ellwood]

Let us take a step back and make it clear why Saudi Arabia is leading the coalition to support President Hadi. It is allowed to because of UN resolution 2216, of which the right hon. Gentleman is fully aware. Were it not for that, the atrocities that we see and the devastation that is taking place would be a lot worse. The Houthis would have pushed far down through Sana’a, the capital, and all the way to the port of Aden. It would be a humanitarian catastrophe.

Having said that, we absolutely need to make sure that our allies and partners are honouring international humanitarian law, which is why we have regularly raised these matters. I invite the right hon. Gentleman to join me when the Saudi Arabian Foreign Minister comes to this place on Wednesday to address any questions that are put by parliamentarians; it is at 10 o’clock and the right hon. Gentleman is more than welcome to come. I will make sure, because I will be moderating the event, that he is able to put some of these questions to the Foreign Minister.

On the general point, the right hon. Gentleman simply repeated the difference in the two lines, which I have endeavoured to correct. I have answered more than 90 parliamentary questions on this matter. We found out that two of them were incorrectly written, with a further trawl showing that four more were incorrectly written, and we immediately decided to correct the matter. I agree that the timing, first in replying to the various heads of the Committees, was slower than it should have been. If he knows me, he will know that I would not sit on this matter; the reason for this was simply that there was a change of government, and there were delays—I did not even know whether I was going to continue in this portfolio. As soon as I became aware of the situation, I made sure that the necessary information was out there and that we did a further trawl to make sure nothing else was erroneous. I then wrote to the relevant Committee Chairs and to the right hon. Gentleman.