United Nations Security Council Resolution 1973

Lord Campbell of Pittenweem Excerpts

Monday 21st March 2011 Commons Chamber

[Edward Miliband]

This is a very tricky issue, but let me respond to the hon. Gentleman. In a joint statement with President Sarkozy, the Prime Minister recognised the transitional council as one of the reasonable interlocutors—I think that was the phrase. The reason for that is that we need to scrutinise very carefully who the best interlocutors are and who the natural alternative to Colonel Gaddafi is. There is a history to this and jumping too early in that regard has its own dangers. I think it is right to recognise the transitional council as a reasonable interlocutor.

[Sir Menzies Campbell (North East Fife) (LD)]

The right hon. Gentleman’s reference to Kosovo is entirely apt because it was out of the frustrations of Kosovo, for which no United Nations Security Council resolution could be obtained, that the doctrine of the duty to protect arose. Its genesis was in a speech made by Tony Blair in Chicago in 1999. In this particular case, are we not on much stronger ground because the Security Council has said expressly in the provision that “all necessary measures” may be taken?

--- Later in debate ---

[Sir Menzies Campbell (North East Fife) (LD)]

On 18 March 2003, just over eight years ago, I voted against military action against Saddam Hussein. If I thought that the present action was illegitimate, I should have no hesitation in voting against it, because if we ask our young men and women to put their lives at risk, as we do, then the cause must be just, not only in strict legality terms but in political and even social terms.

I thought that the action against Saddam Hussein was illegal—it is a view that I have never had occasion to alter—but this action is necessary, legal and legitimate. It is necessary because of the systematic brutality of Colonel Gaddafi towards his own people, whose only crime is to want the opportunity to have a more democratic form of government and to enjoy freedom of speech and freedom of assembly. The lives of his people have been threatened in recent times by an immediate and chilling promise to go from house to house, from room to room, and to show no mercy. I invite the House to consider this: supposing we had allowed a slaughterhouse to take place in Benghazi, then what would have been the nature and the terms of the debate today?

I believe this action to be legal because of the express authority of a United Nations Security Council resolution, buttressed, as the Leader of the Opposition and I have just agreed, by the evolving doctrine of international law—namely, the duty to protect, which, as I pointed out, had its genesis in a speech made by Tony Blair in 1999 in Chicago, whereupon it was developed and adopted by the United Nations. There is legitimacy, yes, because this action springs from a universal repugnance of the international community against the brutal excesses of the Gaddafi regime, and it has the regional support of the Arab League and the Gulf Co-operation Council.

Be in no doubt, however, that Mr Gaddafi will be a dangerous opponent. Deceit, deception and defiance have kept him in power for many, many years. Be in no doubt, too, that to maintain the international coalition will require both skill and sensitivity. Be in no doubt that keeping public confidence at home will require resolve, determination and transparency.

Questions are already being asked in this House, as has been demonstrated by this debate, in an exercise of democratic scrutiny. I pause to observe that in Gaddafi’s Libya, no such opportunities are available. The right hon. Member for Coventry North East (Mr Ainsworth) spoke about targeting. Neither the resolution nor international law would justify the specific targeting––or, in truth, the assassination––of Colonel Gaddafi. However, if he were engaged in direct control of military operations contrary to the resolution, and the command and control centre in which he was to be found was the subject of attack, he would be a legitimate target.

Questions have been asked about what success will look like and what are the terms of disengagement. It is not possible to be specific, but the answers to those questions and to the continuing questions that are thrown up by this debate will be found in the framework of the resolution and in the conduct of Colonel Gaddafi. The onus is now on him.