Unmanned Aerial Vehicles

Roger Gale Excerpts

Tuesday 6th November 2012 Westminster Hall

[Rehman Chishti]

I am grateful to my hon. Friend for making that key point about drones being used well. I have seen drone strikes in Pakistan, where Baitullah Mehsud, a known terrorist, was taken out, and drones of course have their uses. The other key element, however, is the huge number of civilians who are losing their lives. That undermines the work being done in Afghanistan, because the hearts and minds that we want to win are lost when we lose so many civilians. Of course drones should be used—absolutely—but there is also the issue of proportionality and of ensuring that drones are used with proper intelligence. I thank my hon. Friend for his expertise. The point I was making—I have touched on it previously—is that the use of drones fosters anti-west sentiments, which could be a danger to our security in this country.

My fourth question is, can the Government make clear whether the UK has shared locational intelligence with the United States, leading to drone strikes in Pakistan? Question No. 5 is, what is the Government’s policy on the circumstances in which intelligence may be lawfully transferred? Question No. 6 is, do the Government believe that there is an armed conflict in Pakistan? If not—this is question No. 7—do they accept that a UK national who carried out a targeted killing in Pakistan could, in principle, be liable under domestic criminal law? My question No. 8 is whether, in that case, the Government accept that if UK officials were to share intelligence with the CIA that they knew or believed would be used to assist in drone strikes they could, in principle, be liable under UK law.

I recently asked the Secretary of State in the House a question about locational intelligence and his reply raised more questions than it answered. He said:

“The United States operates in Afghanistan under a different basis of law from the one under which we operate.”—[Official Report, 22 October 2012; Vol. 551, c. 696.]

As I understand matters, there is only one basis for international law, so my next and ninth question to the Minister is, under what legal basis do the Government believe the United States to operate, and why is that so different from international law?

Drone use by the United States raises several legal questions. It has been argued that drone strikes in Pakistan have been carried out in violation of international humanitarian law. The high number of civilians killed in such attacks who were not participants in armed conflict raises questions about whether their use is proportionate. Christof Heyns, the UN special rapporteur on extra-judicial killings, has even suggested that some of the drone attacks may constitute war crimes. A recent report by Stanford university and New York university called “Living Under Drones” describes the strikes’ effect on cultural, religious and community life in Pakistan, where some families even refuse to send their children to school, in case they are attacked. The authors also detail the use of double tap strikes where the same area is attacked multiple times, deterring humanitarian assistance.

At a time when Pakistan faces severe poverty and one in four live on £1 a day or less, drone strikes threaten to undermine the work achieved through international aid. By 2015, Pakistan will become the UK’s largest recipient of aid. Yet that good will is threatened by such military activity. We need to ensure that Afghanistan and Pakistan are safe, secure countries but drone strikes can undermine the important battle to win hearts and minds. My tenth question to the Minister is whether drones are being used proportionately and whether enough is being done to protect civilians.

The issues that I have raised deserve serious consideration. If drones are to be more widely used, we must ensure that they are deployed so as not to create a risk of civilian deaths and collateral damage, or pose a risk to international relations or a danger to our national security. I urge the Minister to ensure that the United Kingdom’s policy on drones and sharing intelligence that may be used in drone strikes is fully compliant with the relevant national and international law. In answer to the interventions of the hon. Member for Strangford (Jim Shannon) and my hon. Friend the Member for Colne Valley (Jason McCartney), I would say that if drones are used in accordance with our national law, and international law, I do not have a problem with that. However, there are concerns at the moment, linked to the issue of sharing intelligence with the United States, which may lead to attacks in Pakistan, about whether they are being used properly under national and international law.

Those are serious questions that need to be answered, and they damage the excellent work that this country does around the world, in rightly giving international aid and winning hearts and minds. The tragic London bombings of 2005 were linked to the border region of Afghanistan and Pakistan. We need a secure and prosperous Afghanistan and Pakistan, which may be linked to international security.

[Sir Roger Gale (in the Chair)]

Order. In half-hour Adjournment debates only the sponsoring Member may speak, unless others have the consent of that Member and the Minister. My understanding is that both Yasmin Qureshi and Nick Harvey have sought consent to do that, but the Chair deprecates the fact that a Minister is sometimes left without sufficient time to respond; so I should be grateful if hon. Members kept their contributions very brief.