International Humanitarian Law: Protecting Civilians in Conflict

Debate between Mark Field and John Howell

Tuesday 18th June 2019 Westminster Hall

[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.

Yemen

Debate between Mark Field and John Howell

Tuesday 26th March 2019 Commons Chamber

[John Howell (Henley) (Con)]

The Minister has talked of two sides being involved in this, but there is a third, which is Iran. What is being done to bring Iran into the process so the humanitarian crisis can be solved?

[Mark Field]

As I mentioned in the answer to my hon. Friend the Member for Kettering (Mr Hollobone), we obviously recognise that Iran has an important part to play, not least because it is the state sponsor of Hezbollah. We will continue, in whatever way we can, to make representations to the Iranian Government—we do that out in Tehran, obviously, but also in the international community—and to try to impress on others the importance of their influence. As he says, it has all too often been a malign influence, and it needs to change.

Taliban and IS/Daesh Attacks: Afghanistan

Debate between Mark Field and John Howell

Monday 29th January 2018 Commons Chamber

[Mark Field]

As the right hon. Gentleman is well aware—not least because it was his party that, as part of the coalition Government, put this into statute—there are already strict rules about where overseas aid can be utilised through the OECD, and our own legislation makes the whole issue of official development assistance even more complicated. However, I hope that he will recognise that where projects can involve UK aid through the Department for International Development alongside the military, it makes sense to do so. There are strict rules in UK and international legislation that prevent vast sums of money being transferred away from aid, but the reality of the situation, as we all know, is that the proper resurrection of a state such as Afghanistan requires development work on a tremendous scale, much of which will require making the country more secure, and that means co-operation with the military.

[John Howell (Henley) (Con)]

Does my right hon. Friend accept that we have a long way to go to build a better future for Afghanistan given that the vast majority of Afghan refugees who return home have to flee violence again very shortly afterwards?

[Mark Field]

I very much agree. None of us is under any illusions; there is a long way to go before Afghanistan’s Government and people achieve their goal of building a more stable and prosperous country. But we will continue to play our part, and not just in terms of expenditure. One of the most important things that our non-combat troops are doing on the ground is working closely to help train some 3,000 Afghan cadets, who are Afghanistan’s military leaders of the future.