International Court of Justice

Robert Neill Excerpts

Thursday 1st March 2018 Commons Chamber

[Ian Murray (Edinburgh South) (Lab)]

It is a great pleasure to make this statement, on behalf of the Foreign Affairs Committee, on our fourth report, which is on the International Court of Justice. Our Chair, the hon. Member for Tonbridge and Malling (Tom Tugendhat), and other members of the Committee are in Birmingham today and send their apologies for not being present—given that the Committee travels to some of the most challenging places in the world, little did they think that Birmingham would be the most challenging yet, considering the difficulties in getting there and back today.

In November last year the UK Government were unable to secure the re-election of the UK judge, Sir Christopher Greenwood, to the UN International Court of Justice. As a result, the UK is not represented on the ICJ for the first time since the Court’s creation in 1946. Sir Christopher was first elected to the ICJ in 2009 but, despite his impeccable record and what the Foreign and Commonwealth Office told us was a long and extensive lobbying campaign, he lost to candidates from France, Somalia, India, Brazil and Lebanon. On 6 February the Lebanese candidate was sworn in, signalling an end to Sir Christopher’s nine-year term of office.

This is a bitterly disappointing diplomatic failure and can only be a step in the wrong direction for what the FCO describes as “global Britain.” This follows recent setbacks and vote losses at the UN, such as on the Chagos islands. During voting rounds, the UK candidate’s support in the UN General Assembly fell away sharply, leading to a run-off with the Indian candidate, which ended in deadlock. Further rounds of voting led to no improvement in the UK’s position, despite consistent support in the UN Security Council, and on 21 November the Government conceded the contest to the Indian candidate.

This loss is of deep concern. One of the key strengths of the UK is our commitment to multilateral governance and the application of the international rule of law. These commitments will need to play a key part in the UK’s future foreign policy strategy and in any global Britain agenda. We conclude that the lack of a UK judge on the ICJ will harm the UK’s influence on the global stage and the UK’s future foreign policy strategy.

We heard a number of possible reasons for the UK’s failure from Ministers and former UK diplomats to the UN. These ranged from the popularity of other candidates to regional allegiances and a wider shift in power away from the permanent five of the Security Council, despite the French candidate being re-elected. Perhaps the most concerning reason, however, was offered by Lord Hannay, a former UK permanent representative to the UN. He suggested that it might be an indication that the UK’s international standing had diminished, and that there might have been a fall in what he dubbed the UK’s “trepidation index”—how far other countries worry about treading on our toes.

What are the next steps? The FCO used tactics that had worked in the past and was surprised when they did not work this time around, because they expected Sir Christopher to win. The UK mission in New York lobbied extensively, as did the FCO’s network in London and overseas, and as did Government Ministers during bilateral discussions. But this did not work.

We are also concerned that the FCO does not appear to be particularly curious about why the support of other countries in the General Assembly fell away, and nor do Ministers seem too interested in finding out the reasons why the support for the UK diminished against what had been promised to them previously by other nations. When we asked the Minister what reasons he had been given by other countries, he was unable to give any definitive answer. Lord Ahmad, the Minister of State for the Commonwealth and the United Nations, did place some emphasis on building a “Commonwealth caucus” but was unable to tell us how many Commonwealth countries—not including India, of course, whose candidate defeated the UK’s—voted for the UK’s candidate.

The FCO has rightly launched an extensive internal exercise to identify the reasons for the failure and to learn lessons for future contests. It intends to keep the findings of that exercise private but, for the sake of accountability to Parliament and the public, we recommend that it should share its findings with the Committee, so that we can assure ourselves that it is taking the required action. The FCO should also inform the Committee each time it intends to campaign for a UN position, so that we can help. However, without the benefit of incumbency, the next opportunity to elect a judge of the ICJ will be much more difficult and the FCO needs to prove that it can adapt its approach.

One resource that the FCO does not make full use of is Parliament. Members across this Chamber and in the other place have international experience and networks that can be mobilised, and we have all been part of election campaigns. We recommend that the Government should brief the Committee and other relevant parliamentary groups on future elections to make best use of this resource.

We have to ensure that the UK’s influence and guidance on international organisations such as the UN is not diminished or diminishing, which is why the FCO’s lessons report is critical to determine the causes behind this embarrassing defeat. I commend this statement to the House.

[Robert Neill (Bromley and Chislehurst) (Con)]

I am grateful to the hon. Gentleman for his statement, and to the Select Committee for its work. Does he agree that this is particularly disappointing because the United Kingdom has historically had an immensely high reputation in international law and international tribunals, and has some of the most experienced and highly regarded international lawyers, of whom Sir Christopher Greenwood is one? Does he consider that one of the lessons to be learned, in contrast to what happened in France, is that the Government must be particularly careful, as we leave the European Union, not to give any signal that we place any less value on international rules-based legal systems and international tribunals, which should remain central to the attention of Her Majesty’s Foreign Office?

[Ian Murray]

I agree with the hon. Gentleman. The former UK ambassador to the UN made exactly that point in evidence to the Committee. The UK was very much at the forefront in developing the international rules-based system, and we must be very careful that France does not become the voice of Europe in the UN Security Council, and therefore the voice of the UN when it comes to the place that the UK should be taking. There are, by convention—but by convention only—two places on the ICJ for European or western powers, and the fact that the UK is not there might show us that in some way the UK’s power and influence are much diminished.