International Humanitarian Law: Protecting Civilians in Conflict

John Howell Excerpts

Tuesday 18th June 2019 Westminster Hall

[Ann Clwyd (Cynon Valley) (Lab)]

I beg to move,

That this House has considered the continued importance of international humanitarian law in protecting civilians in conflict.

I am pleased to be here under your chairmanship, Mr Bone.

I applied for this debate to mark the 70th anniversary of the 1949 Geneva conventions and the 20th anniversary of the United Nations Security Council first putting the protection of civilians in armed conflict on its agenda. The UK is the penholder at the Security Council for that mandate.

This debate allows us to convey appreciation for what has been and is being done to protect civilians by a wide range of actors that adhere to international humanitarian law—which I will now abbreviate to IHL—and to interpret its provisions to prioritise civilian protection in armed conflicts. It also provides us with an important opportunity to highlight the terrible price that civilians continue to pay in such conflicts the world over, and to suggest what should be done—what must be done—including by the UK Government, to alleviate their suffering.

IHL, as detailed in the 1949 Geneva conventions, sets out the specific protection that civilians are entitled to in armed conflict. IHL requires that parties to a conflict must distinguish at all times between combatants and civilians, and must direct attacks only against combatants and other military objects. Constant care must be taken to spare civilians and civilian objects, such as schools, hospitals, and water treatment and sanitation facilities, from the effects of the fighting. IHL also calls on parties to authorise impartial humanitarian assistance to populations affected by the conflict. In addition, a number of key human rights such as the right not to be arbitrarily deprived of life, or the prohibition of torture and slavery, cannot ever be suspended.

[John Howell (Henley) (Con)]

The right hon. Lady mentioned the preservation of water treatment facilities. In Europe, unfortunately, we have a prime example of the corruption of IHL in the Russian-occupied bits of Ukraine: Russian forces targeted the Donetsk water plant in order to destroy it, and attacked 42 schools. Will she join me in condemning that?

[Ann Clwyd]

Absolutely. I am grateful for the hon. Gentleman’s experience on the Council of Europe, given the kind of discussions that take place there. Unfortunately in so many areas of conflict, we are all aware of examples of such attacks on what should be protected people, facilities and so on.

Despite the frameworks in place that are meant to protect civilians in armed conflict, and their further development and consolidation, including through the UN, civilians continue to suffer in armed conflict. According to the May briefing paper of the Overseas Development Institute, “Twenty years of protection of civilians at the UN Security Council”, a century ago civilians represented about 10% to 15% of total casualties in armed conflict; by the second world war that had risen to 50%; and by the 1990s civilians accounted for between 80% and 85% of such casualties, a trend that has unfortunately continued and possibly even intensified into this century. What is going wrong?

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[John Howell (Henley) (Con)]

It is a pleasure to serve under your chairmanship, Mr Bone, and a great pleasure to follow the right hon. Member for Cynon Valley (Ann Clwyd). I thoroughly agreed with much of her speech, and I will comment on some of the things she said.

As the right hon. Lady pointed out, we are trying to deal with the effect of the Geneva convention and the protocols aimed at protecting civilians in conflict, but I was fascinated to read a report by the International Committee of the Red Cross that seemed to take that one stage further. I was actually quite shocked by the report, but it may reflect the reality of the situation. It stated that there is a level of harm to civilians that is acceptable. It set that out by reference to three key principles, including proportionality and precaution, but the idea was that there is a level of civilian casualties that is, as the report described it, acceptable “collateral damage”.

The idea that a civilian building can have a military use as well as a civilian use brings me to my first point, which is related to the situation in Gaza. What do Israeli forces do when Hamas deliberately sets up its rockets in hospitals and schools? Do they simply turn away and do nothing, or do they accept, following the doctrine I have just set out, that they can take retaliatory action, in the full knowledge that there will be collateral damage—that real people will be killed? That is the first issue, which I raise to show that this whole business is not as simple as it should be.

The second area I want to deal with is Africa. In the past 20 years, there have been armed conflicts in Angola, Burundi, Cameroon, the Central African Republic, Chad, Côte d’Ivoire, Djibouti, the Democratic Republic of the Congo, Egypt, Eritrea, Ethiopia, Liberia, Libya, Mali, Niger, Nigeria, Sierra Leone, Somalia, South Sudan, Sudan and Uganda—that is probably not an exhaustive list—but where are the African participants in the IHL debate, and where are the African participants at the UN trying to take this forward?

[David Simpson (Upper Bann) (DUP)]

The hon. Gentleman is making a lot of sense, especially in what he says about collateral damage. War is war. Unfortunately, a lot of innocent people are caught up in it. Surely, the message must be that the sanctions that are applied to countries that carry it out need to be enforced. Rather than condemning, we should do something about it.

[John Howell]

I agree. The hon. Gentleman makes a valid point, which I may come to if I get that far in my speech.

Between 1990 and 2007, 88% of conflict deaths internationally happened in Africa. That may have changed subsequently, with a rise in the middle east, but it is significant that 88% of deaths happened in a continent that does not really participate in the IHL debate. Of course, that is mixed up with genocide—I think Rwanda was in that list of countries, and of course we saw a massive genocide there—but the idea of genocide developed at the same time as the fourth Geneva convention, so there is an opportunity to try to revise IHL to incorporate that and to recognise that things have developed in parallel over the years.

On the middle east, the right hon. Member for Cynon Valley mentioned Yemen. We debated Yemen recently in the main Chamber, so I will not cover it now, except to reinforce the points she made. However, I do not blame the Saudis alone; Iran has a lot to answer for with respect to its funding of the Houthis. My right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) said

“there are no good people in this conflict.”—[Official Report, 23 May 2019; Vol. 660, c. 849.]

That is very true.

The last area I want to comment on is Europe. Europe is not exempt from violations of IHL. In my intervention on the right hon. Lady, I mentioned a prime example of defiance of IHL in the Russian-occupied area of Ukraine. That needs to be stated time and again. We in the Council of Europe need assistance from the Foreign Office so we can take a stand against the Russians and ensure, at the very least, that they give back the Ukrainian sailors they took. In the occupied bits of Ukraine, the Russians have attacked the Donetsk water filtration system, as I mentioned, which goes against everything the right hon. Lady said about trying to protect that for the benefit of individuals, and they have attacked 42 schools. Those were not schools where the Ukrainians were hiding rockets. This is not a Gaza situation. That was a deliberate attack on 42 schools, which we need to acknowledge.

What do we do about all this? First, we need to encourage more work by academics across Africa. I am aware that there is some activity in South Africa, but we need to encourage more Africans to carry out research and projects, which the Department for International Development may need to help fund. Above all, we need to ensure that the Geneva convention is enforceable. At the moment, it is characterised by a huge amount of non-compliance. We sit back and cross our arms and say how terrible that all is, but we do very little about it. We need to do something about it if we are to stop it happening.

Lastly, we need to boost the amount of UN peacekeeping. Peacekeeping plays a vital role, and having peacekeepers on the ground is a good way of tackling this problem. I would love to see us argue for more peacekeeping, and more effective peacekeeping, throughout the world, wherever we can play our part.

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[Mark Field]

I think the hon. Gentleman has a supporter in the right hon. Member for Carshalton and Wallington (Tom Brake).

The hon. Member for West Dunbartonshire made a good point about recognising issues around disability, children and other groups. We do not want simply to look upon civilians as a single group, and part of what we are trying to achieve here is focused on what I think is a public demand on all these matters.

Our approach to the review embraces a cross-Whitehall consultation, as proposed by the right hon. Member for Cynon Valley, as well as consultations with civil society—we have made reference to Save the Children, but a number of other charities will play an important part in the review. When completed, we hope it will contain an agreed Government-wide position that will take account of all Government Departments.

To demonstrate what that means in practice, I will focus on three main areas: our international engagement, our work on international peacekeeping, and our domestic activity to promote and uphold international humanitarian law. On the international stage, as a number of hon. Members have pointed out, our permanent seat on the UN Security Council bestows on us an important responsibility to protect civilians and uphold IHL, whenever and wherever international peace and security are under threat. We have not shied away from those responsibilities.

[John Howell]

In terms of the review, is the Minister aware that the World Bank has changed from a system of trying to put out today’s fires to one of trying to identify what fires will occur tomorrow and to prevent them? Should we not adopt something similar for the UN?

[Mark Field]

To an extent, I agree. Obviously, predictions of the future are always fraught with difficulty; a number of the conflicts I am going to touch on now might have been predictable 10 or 15 years ago, but others have arisen unexpectedly. We need a flexible system, but there is some sense in having that forward-looking approach at the UN as well as at the World Bank.

In Iraq, the UK has been at the forefront of efforts to ensure accountability for the crimes committed by Daesh, the so-called Islamic State. Through a Security Council resolution adopted in 2017, we helped to establish a UN investigative team to support the Iraqi Government in the collection, preservation and storage of evidence linked to Daesh crimes.

As my right hon. Friend the Member for Sutton Coldfield pointed out on Syria, we co-sponsored the UN General Assembly resolution in December 2016 that established the international impartial and independent mechanism for Syria, which was designed to deliver accountability for horrific atrocities, including the deliberate targeting of civilians and the use of chemical weapons.

On Myanmar, the UK was the penholder at the UN Security Council that co-sponsored the creation of the UN fact-finding mission, which concluded that ethnic cleansing had been carried out against the Rohingya by the Myanmar military and could amount to genocide. We worked in the UN Human Rights Council to establish a unique investigative mechanism to collect and preserve evidence of atrocities for future prosecutions, recognising—tragically, I am afraid, in certain cases—that those who need to be brought to account will possibly remain in office for many years to come. None the less, we have a reliable and legally watertight mechanism to hold them to account. I would like to think that our country has played a leadership role, but, of course, we do not do this alone; we work with like-minded partners to address conflict situations, such as in Sudan, Yemen, Libya and the horn of Africa.

Let me come on to some of the contributions made in the debate. Risks around serious or major violations of international humanitarian law, or abuse of human rights, are a key part of our assessment against the IHL consolidation criteria. In relation to arms exports, a licence will not be issued to any country if so to do would be inconsistent with any provision of the mandatory criteria, including where we assess that there is a clear risk that arms might be used in the commission of a serious violation of IHL. The situation is kept under careful and continual review. We examine every application rigorously, on a case-by-case basis. That applies in Yemen, with Saudi Arabia, but also in many other walks. The test is designed to be forward looking. A licence will not be issued to Saudi Arabia or any other country if to do so would be inconsistent with any provision of the consolidated EU or national arms export licensing criteria.