International Humanitarian Law: Protecting Civilians in Conflict

Martin Docherty-Hughes Excerpts

Tuesday 18th June 2019 Westminster Hall

[Martin Docherty-Hughes (West Dunbartonshire) (SNP)]

It is good to see you in the Chair, Mr Bone. I thank the right hon. Member for Cynon Valley (Ann Clwyd) for securing this debate. I associate myself with the words of the right hon. Member for Sutton Coldfield (Mr Mitchell), who gave a clear and precise overview of the dreadful conflict in Yemen and the impact on civilians, and with those of the right hon. Member for Carshalton and Wallington (Tom Brake), who talked about the impact of technology—especially drones. I agree, as I usually do on this matter, with the hon. Member for Henley (John Howell), who spoke about Ukraine and the Russian state’s interference in and occupation of Donbass.

An example of how we need to review IHL in the context of the changing nature of warfare is the targeting of the infrastructure of the Estonian state through cyber-warfare in 2007. Government institutions were unable to deliver civilian—public—services after that direct attack on the civilian population. However, I do not think that could happen today, given that Estonians are leaders in the field of cyber-warfare.

It is important to commemorate and remember those who brought about the fourth Geneva convention. We should be thankful that we are able to be here today to discuss its 70th anniversary and the work that was done in the light of the horrors of the second world war. It is clear that IHL is a solid and extensive legal framework for protecting civilians in conflict. Nevertheless, the protection it affords is in many ways inherently qualified. It is clear from the evidence that the failure is due not to the law itself, but to the persistent failure to comply with those obligations. IHL has proven to be a practical, durable and adaptable framework for providing passive protection for civilians in the midst of conflict, but that inherent qualification means that we must review it in the light of changing technologies and methods of warfare.

There have been elements of failure. The genocide in Srebrenica in 1995 and the genocide of the Tutsis in 1994 made it clear that we need to ask ourselves consistently how valuable and effective the framework is. In the light of the increase in civilian casualties, which was well documented by the right hon. Member for Cynon Valley, we must redouble our efforts proactively to protect civilians in a range of spheres. I hope the Minister will say something about that later. Civilians must be protected not just on the frontline in Syria or Idlib, but in the cyber-sphere. I am a member of the Defence Committee, and I note that NATO has thankfully recognised the importance of making civilian protection a key element of operational planning, and has published a protection of civilians strategy.

I have three questions for the Minister. First, although the UK seems to have been slow in following NATO’s moves on the protection of civilians in operational planning, will he assure Members that the Government are moving in the same direction as our NATO allies? If he is unable to furnish us with that answer, will he ask the Ministry of Defence to write to Members?

Secondly, do the Government recognise that investment is required to respond to the specific needs and vulnerabilities of different groups—specifically, women, children, the disabled and the elderly? Finally, does the Minister agree that the continued abuse of the Security Council veto undermines not just IHL but the rule of international law itself?

--- Later in debate ---

[The Minister for Asia and the Pacific (Mark Field)]

I am grateful, as I am sure we all are, to the right hon. Member for Cynon Valley (Ann Clwyd) for securing this debate, and to all other right hon. and hon. Members for their contributions. I shall try, in the course of a slightly longer speech, to respond to all the points raised.

As the right hon. Lady said, and my right hon. Friend the Member for Sutton Coldfield (Mr Mitchell) reiterated, this year marks the 70th anniversary of the Geneva conventions, which were designed, after the terror and the horror of the second world war, to serve as a founding pillar of what we know today as international humanitarian law. They represent a clear affirmation that the principles of international humanitarian law are both neutral and universally recognised.

Today’s motion rightly highlights the central place of IHL in international efforts to protect civilians affected by conflict in our world today. There is little doubt that, as conflicts become increasingly complex, IHL will become ever more important and will expand as a body of law. Its underlying principles—the distinction between civilians, those hors de combat and combatants; the principle of necessity and the prohibition on the infliction of unnecessary suffering; the principle of proportionality; the observance of precautions in attack; and the principle of humanity—are all clear and unambiguous.

However, as many speakers have rightly pointed out, the nature of conflict is changing. Too often, the distinction between combatants and civilians, between a target that is legitimate and one that is not, has become blurred. Too often, civilians, including aid workers, are deliberately targeted. In almost all modern wars, it is not the combatants who suffer most, but the civilians. Indeed, as a number of hon. Members brought up, current patterns of violent conflict worldwide show that 90% of all casualties today are civilian. As urbanisation increases, the International Committee of the Red Cross has reported that there are

“some 50 million people worldwide affected by armed conflict in cities.”

The changing nature of conflict presents challenges for states such as the United Kingdom and our allies, who seek to provide humanitarian assistance and make a positive contribution to preserving international peace and security, and to ending conflict, including, where necessary, through military action. The UK Government are committed to facing those challenges, because we all take very seriously our commitments to international humanitarian law and to the protection of civilians in our operations and in the humanitarian contexts where we provide assistance.

Adherence to IHL is a paramount consideration in our approach to conflict, and when we encounter potential violations, we strongly support engaging the appropriate mechanisms to deal with them, while ensuring that we have a domestic legal framework that makes certain that our armed forces are fully accountable. A number of hon. Members will recognise that the Ministry of Defence has an important part to play in some of the questions I will come to in a moment or two, and those really relate to that Government Department.

The UK military is at pains to operate to the highest standards. It closely monitors and verifies the impact of our military activity. My right hon. Friend the Member for Sutton Coldfield rightly pointed out that the increased use of social media provides a mechanism for not only the long-term maintenance of evidence, but, on a day-to-day basis, a recognition of where military or other individuals have gone beyond what is acceptable.

The protection of civilians is and will remain a central pillar of the UK’s approach to our humanitarian efforts and to managing conflict. It has been pointed out that we have played a leading role in the UN Security Council over 20 years in developing that international approach. If I might respond to what my hon. Friend the Member for Henley (John Howell) said earlier, South Africa is currently the African nation on the Security Council, but Tunisia will join, and I very much hope it will play an important part in this, given the recent conflicts that have taken place there.

My hon. Friend will perhaps be aware that the Asian nations currently on the Security Council—Indonesia and Vietnam—have made questions around peacekeeping and the rights of combatants and civilians in war an important part of what they hope to achieve. I hope we will work together with those countries and others in the UN Security Council to raise the profile of many of those issues during the next two years and beyond.

To coincide with the 20th anniversary of the first resolution on this issue, we are undertaking a review of our approach to the protection of civilians in armed conflict, to ensure that it is fit for purpose in the context of modern conflicts and that it addresses all civilians, including children and other particularly vulnerable people, which goes to the heart of the point made by the hon. Member for East Dunbartonshire—

[Martin Docherty-Hughes]

West.

[Mark Field]

Sorry—West Dunbartonshire. The hon. Gentleman might well become the leader of the Liberal Democrat party if I am not careful.

[Tom Brake]

Nominations are closed.

[Martin Docherty-Hughes]

I think I’ll pass.