Cluster Munitions Convention: Article 21

Lord Godson Excerpts

Monday 9th June 2025 Lords Chamber

Asked by

[Lord Godson]

To ask His Majesty’s Government what assessment they have made of the risk of legal challenges when relying on the provision in Article 21 of the Cluster Munitions Convention allowing the United Kingdom to fight alongside states that are not party to that Convention.

[The Parliamentary Under-Secretary of State, Foreign, Commonwealth and Development Office (Lord Collins of Highbury) (Lab)]

My Lords, since ratifying the Convention on Cluster Munitions, the United Kingdom has regularly co-operated with non-state parties, including in combat. The Cluster Munitions (Prohibitions) Act 2010 sets out a clear UK legal framework for all UK military personnel and nationals engaging in military co-operation and operations with non-state parties to the convention. The Act enshrines the convention’s prohibitions in domestic criminal law, while providing a defence in the context of international military co-operation and operations with non-state parties.

[Lord Godson (Con)]

I thank the Minister for his response; I just wonder whether, in the light of the rapidly changing international situation and Russian lawfare, it is perhaps a little optimistic. The Government are trusting in the strength of Article 21 in the face of legal challenge. I refer the Minister to the Human Rights Watch and Harvard Law School study of 2010, which made it quite clear that Article 21’s interoperability carve-out, which the previous Labour Government obtained, does not in fact exempt signatory states from their Article 1 obligation not to “assist, encourage or induce” the use of cluster munitions. It concludes that the prohibition on assistance must apply at all times. Can the Minister therefore assure this House that the Government are certain that so eminent an interpretation of the convention is incorrect and so does not provide grounds for a subsequent successful legal challenge to our Armed Forces?

[Lord Collins of Highbury (Lab)]

The straight answer to the question is yes, I am satisfied. I will give the noble Lord a reason for that, but we should not forget that the CCM remains vital in protecting humanitarian norms. Cluster munitions continue to pose a threat to civilians. In 2024, the Landmine and Cluster Munition Monitor reported that civilians made up 93% of cluster munitions casualties in 2023. I have read the noble Lord’s report. Provisions for military interoperability between members of the CCM and non-members are clearly set out and enshrined in UK law and have functioned effectively since the CMM came into force. Since the convention came into force in 2010, UK Armed Forces have operated effectively, including in combat with all allies regardless of their membership of CCM, in line with the CCM provisions on interoperability under Article 21.