Syria and the Use of Chemical Weapons

Malcolm Rifkind Excerpts

Thursday 29th August 2013 Commons Chamber

[Edward Miliband (Doncaster North) (Lab)]

I beg to move manuscript amendment (b), leave out from ‘House’ to end and add—

‘expresses its revulsion at the killing of hundreds of civilians in Ghutah, Syria on 21 August 2013; believes that this was a moral outrage; recalls the importance of upholding the worldwide prohibition on the use of chemical weapons; makes clear that the use of chemical weapons is a grave breach of international law; agrees with the UN Secretary General that the UN weapons inspectors must be able to report to the UN Security Council and that the Security Council must live up to its responsibilities to protect civilians; supports steps to provide humanitarian protection to the people of Syria but will only support military action involving UK forces if and when the following conditions have been met that:

(a) the UN weapons inspectors, upon the conclusion of their mission in the Eastern Ghutah, are given the necessary opportunity to make a report to the Security Council on the evidence and their findings, and confirmation by them that chemical weapons have been used in Syria;

(b) compelling evidence is produced that the Syrian regime was responsible for the use of these weapons;

(c) the UN Security Council has considered and voted on this matter in the light of the reports of the weapons inspectors and the evidence submitted;

(d) there is a clear legal basis in international law for taking collective military action to protect the Syrian people on humanitarian grounds;

(e) such action must have regard to the potential consequences in the region, and must therefore be legal, proportionate, time-limited and have precise and achievable objectives designed to deter the future use of prohibited chemical weapons in Syria; and

(f) the Prime Minister reports further to the House on the achievement of these conditions so that the House can vote on UK participation in such action, and that any such vote should relate solely to efforts to deter the use of chemical weapons and does not sanction any wider action in Syria.’.

I start by joining the Prime Minister in expressing revulsion at the killing of hundreds of innocent civilians in Ghutah on 21 August. This was a moral outrage, and the international community is right to condemn it. As the Prime Minister said, everyone in the House and most people in the country will have seen the pictures of men, women and children gasping for breath and dying as a result of this heinous attack. I can assure hon. Members that the divide that exists is not over the condemnation of the use of chemical weapons and the fact that it breaches international law; nor does it lie in the willingness to condemn the regime of President Assad. The question facing this House is what, if any, military action we should take and what criteria should determine that decision. That is what I want to focus on in my speech today.

It is right to say at the beginning of my remarks that the Prime Minister said a couple of times in his speech words to the effect that, “We are not going to get further involved in that conflict. This does not change our stance our Syria.” I have got to say to the Prime Minister, with the greatest respect, that that is simply not the case. For me that does not rule out military intervention—I want to be clear about this—but I do not think anybody in this House or in the country should be under any illusions about the effect on our relationship to the conflict in Syria if we were to intervene militarily. As I say, and as I shall develop in my remarks, that does not, for me, rule out intervention, but we need to be clear-eyed about the impact that this would have.

Let me also say that this is one of the most solemn duties that this House possesses, and in our minds should be this simple question: in upholding international law and legitimacy, how can me make the lives of the Syrian people better? We should also have in our minds—it is right to remember it on this occasion—the duty we owe to the exceptional men and women of our armed forces and their families, who will face the direct consequences of any decision we make.

The basis on which we make this decision is of fundamental importance, because the basis of making the decision determines the legitimacy and moral authority of any action that we undertake. That is why our amendment asks the House to support a clear and legitimate road map to decision on this issue—a set of steps that will enable us to judge any recommended international action. I want to develop the argument about why I believe this sequential road map is the right thing for the House to support today.

Most of all, if we follow this road map, it can assure the country and the international community that if we take action, we will follow the right, legitimate and legal course, not an artificial timetable or a political timetable set elsewhere. I think that is very important for any decision we make. This is fundamental to the principles of Britain: a belief in the rule of law and a belief that any military action we take must be justified in terms of the cause and also the potential consequences. We should strain every sinew to make the international institutions that we have in our world work to deal with the outrages in Syria.

Let me turn to the conditions in our amendment. First—this is where the Prime Minister and I now agree—we must let the UN weapons inspectors do their work and let them report to the Security Council. Ban Ki-moon, the UN Secretary-General, yesterday said about the weapons inspectors:

“Let them conclude their work for four days and then we will have to analyse scientifically with experts and then…we will have to report to the Security Council for any actions.”

The weapons inspectors are in the midst of their work and will be reporting in the coming days. That is why today could not have been the day on which the House was asked to decide on military action. It is surely a basic point for this House that evidence should precede decision, not decision precede evidence. I am glad that, on reflection, the Prime Minister accepted this yesterday.

Now it is true—some have already raised this issue—that the weapons inspectors cannot reach a judgment on the attribution of blame. That is beyond their mandate. Some might think that that makes their work essentially irrelevant. I disagree. If the UN weapons inspectors conclude that chemical weapons have been used, in the eyes of this country and of the world that will confer legitimacy on the finding beyond the view of any individual country or any intelligence agency. What is more, it is possible that what the weapons inspectors discover could give the world greater confidence in identifying the perpetrators of this horrific attack.

The second step in our road map makes it clear that there must be compelling evidence that the Syrian regime was responsible for the attack. I welcome the letter from the Chairman of the Joint Intelligence Committee today, and I note the Arab League’s view of President Assad’s culpability. Of course, as the Prime Minister said, in conflict there is always reason for doubt, but the greater the weight of evidence the better. On Tuesday we were promised the release of American intelligence to prove the regime’s culpability. We await publication of that evidence, which I gather will be later today. That evidence, too, will be important in building up the body of evidence to show that President Assad was responsible.

[Sir Malcolm Rifkind (Kensington) (Con)]

The Leader of the Opposition has said that he might be able to support military action of the kind that the Government are contemplating. He has put in his amendment a list of the requirements, virtually all of which, as far as I can tell, appear in the Government’s own motion. Why can he not, therefore, support the Government’s motion, in order that this House could speak with a united voice to the world on this matter?

[Edward Miliband]

I will develop in my remarks why I do not think that is the case. In particular, I would point to the fact that the Government’s motion does not mention compelling evidence against President Assad, and I will develop later in my remarks the fifth point in our amendment, which is very, very important—the basis on which we judge whether action can be justified in terms of the consequences.

The third step is that, in the light of the weapons inspectors’ findings and this other evidence, and as the Secretary-General said, the UN Security Council should then debate what action should be taken, and indeed should vote on action. I have heard it suggested that we should have “a United Nations moment”. They are certainly not my words; they are words which do no justice to the seriousness with which we must take the United Nations. The UN is not some inconvenient sideshow, and we do not want to engineer a “moment”. Instead, we want to adhere to the principles of international law.

--- Later in debate ---

[Sir Malcolm Rifkind (Kensington) (Con)]

I listened in the most charitable manner I could to the Leader of the Opposition explaining why he cannot support the motion. Given that the Government responded not simply to his request but to those made by Members on the Government Benches to wait until the inspectors had completed their task and to enable the Security Council to consider the consequences, we and the country can only conclude that the right hon. Gentleman is incapable of taking yes for an answer.

I want to use the short time available to me to concentrate on one set of words—a reasonable phrase—in his amendment: the need for “compelling evidence” of the Assad regime’s responsibility for the chemical attacks. We should be clear what “compelling evidence” means. Nothing could ever be proven 100%. Someone charged with murder before our courts can be convicted if the jury is satisfied beyond reasonable doubt. That does not require someone to say, “I saw him pull the trigger.” Sometimes—usually—that is not available.

When we look at the situation in regard to the use of chemical weapons in Syria, what we know for certain—it is not in dispute—is that chemical weapons were used. The Assad regime themselves admit that. We know that such weapons were used in the middle of a sustained artillery attack by the Syrian Government forces on the very suburb in Damascus where the chemical attacks then took place. We know that the Syrian Government are the only state in the middle east that has massive stocks of chemical weapons, and we know that there cannot have been any ethical objection on the part of the Assad regime to using chemical weapons, not just because they have probably used them before, but because any regime that slaughters 100,000 of its own citizens clearly would have no compunction about using chemical weapons as well.

[Sir Gerald Kaufman (Manchester, Gorton) (Lab)]

When the right hon. and learned Gentleman says that we know that Syria is the only country in the middle east that possesses stocks of chemical weapons, will he draw attention to the use by Israel of illegal chemical weapons in Gaza—white phosphorus? Surely Israel, too, has such weapons, and we should take that into account in looking at the spectrum.

[Sir Malcolm Rifkind]

Let us use another occasion, if we may, to debate these important allegations. The issue is that the Syrian Government themselves do not deny that they have massive stocks of chemical weapons, and therefore the issue is whether there is any credible argument that on this particular occasion, in a district controlled by the opposition, the opposition somehow had both the capability and the will, and indeed did carry out this attack.

The inspectors’ reports will be helpful in two respects, I hope. First, they will give confirmation of the scale of this chemical attack. If only three or four people die, it could be argued that somebody could have been carrying around a bag of chemical agent and dispersed it, as happened in the Tokyo underground a good number of years ago. But when there are not just 300 people dying, but more than 3,000 people treated by Médecins Sans Frontières, clearly this was a massive chemical weapons attack which required rockets and a capability which, as we have heard, no one else in Syria has now or is likely to have in the short to medium term. Against that background, the inspectors could provide us with some helpful additional information.

The question then becomes, what is the purpose if military action is taken? It is not only going to be limited, as the Prime Minister has rightly said, but it has one overwhelming purpose, which has to be to deter further acts of the use of chemical weapons by the Assad regime. Let me be emphatic about this—I hope no one would argue otherwise—that at this very moment, the Assad regime in Damascus is watching very carefully to see whether it will get away with what it has done. If it gets away with it, if there is no international response of a significant kind, we can be absolutely certain that the forces within Damascus will be successful in saying, “We must continue to use these whenever there is a military rationale for doing so.” There is no guarantee that a military strike against military targets will work, but there is every certainty that if we do not make that effort to punish and deter, these actions will indeed continue.

The other point that must concentrate all our minds very comprehensively is that a failure to act is not in itself an absence of a decision. It has profound other consequences, not just the ones I have mentioned, and most profound for the United Nations itself. The League of Nations effectively collapsed in the 1930s when Germany and Italy effectively prevented any sanctions or other action being taken against Italy for the invasion of Abyssinia. That, together with other similar acts of aggression which the League could not handle because of the absence of unanimity, created a chaos which led to the second world war. So if we can take action that has the support of Arab states and of the bulk of the international community, far from suffering, the United Nations and the concept of international institutions and the international community acting to deal with such acts of aggression will be boosted in a way that would not happen through any other course of action.

I believe that what is being recommended and will come back to this House is not only overwhelmingly in the interests of innocent Syrian men, women and children, but is far more likely to boost the concept of international action to deal with gross atrocities and violations of human rights than simply wringing our hands, protesting at the action but failing to make any effective response to it.