Cluster Munitions

Debate between Martin Caton and Jeremy Lefroy

Wednesday 9th November 2011 Commons Chamber

[Jeremy Lefroy (Stafford) (Con)]

I thank the hon. Gentleman for securing the debate and admire the passion with which he presents his case. Does he think that the UK’s position, given the role that the previous Prime Minister played in the Oslo convention, is looked at with particular significance by other nations?

[Martin Caton]

The role of the UK Government in Geneva could be critical. It is vital that they show a strength of will against what the United States and others are trying to do to protect the integrity of the current convention.

The draft protocol is not compatible or complementary with the convention on cluster munitions. The latter bans these weapons; the former allows for their use, production and transfer. The proposed protocol would—as I believe it is designed to do—undermine the convention on cluster munitions that came out of the Oslo process. It would set up a rival legal framework for cluster weapons under the auspices of the UN and would not remove a single weapon likely to be used in conflict. All the weapons banned would be 40 years old by the time the protocol required their removal, and they would be ready for decommissioning anyway. However, the draft protocol would legitimise the use of much more dangerous cluster weapons. It would be a body blow for the approach that drove the Oslo process, which was a humanitarian-centred partnership between civil society and Government that is a valuable model for future progress on multilateral disarmament.

The draft protocol contradicts existing international humanitarian law and is not the best way to engage with existing states that have stockpiles of cluster munitions. The International Committee of the Red Cross has pointed out that if it is established, this protocol would set a highly negative precedent. It would be the first time in history that international humanitarian law has moved backwards. I urge the Government, whatever they do, to resist this protocol. It will not move us forward; quite the opposite, it will take us back and reverse so much that has been achieved in the past five years.

I understand the Government’s desire to find ways to encourage recalcitrant states to begin the process of decommissioning cluster munitions. The best way to do that is by encouraging the development of a political declaration or plan of action stating that intention, rather than by creating an alternative international legal edifice that threatens our existing convention, which, in fairness, is delivering within a pretty speedy time frame. The draft protocol is not about cluster munitions disarmament; it is a fig leaf behind which the US, China, Russia and others intend to hide, so that they can continue to rely on dangerous, indiscriminate ordnance that will kill more innocent civilians if we let them get away with it.