Yemen

Stephen Twigg Excerpts

Wednesday 26th October 2016 Commons Chamber

[Emily Thornberry]

I was at the same meeting and heard the Saudi Foreign Minister telling us he was not able to give us a timetable on the investigation and I share my hon. Friend’s grave concern about that.

When asked at the weekend about the latter incident, the Under-Secretary, the hon. Member for Bournemouth East, called it “a deliberate error”, by which I believe he meant at least one individual within the coalition forces was able to deliberately unleash this terrible attack killing 140 civilians without the authorisation of the coalition command in Riyadh.

This raises major questions. Members on both sides of the House have spoken to experts on this conflict who say that there are essentially two coalition forces operating in Yemen. One is run from the capital and carries out pre-planned operations based on strong intelligence under the direction of the Americans and UK advisers. There is, however, another centre operating out of southern Saudi Arabia, which carries out dynamic reactive operations, often based on sketchy evidence, often without thinking through the so-called collateral damage and inevitably often with significant civilian casualties. I hope that that answers the point that my hon. Friend the Member for Barrow and Furness (John Woodcock) has just raised.

If any coalition forces are acting in a reckless or indiscriminate manner in carrying out airstrikes on civilian areas, that would be a clear violation of international humanitarian law, and it should cause the whole House grave concern. The Minister’s explanation that the Sana’a funeral bombing was a deliberate error raises the prospect that there has also been intentional targeting of civilians by elements of the coalition forces, but he cannot tell us—because he does not know—how many of those thousands of airstrikes against civilian targets have also been deliberate errors.

That brings me to the crucial point of today’s motion: the need for a full independent UN-led investigation into all alleged violations of international humanitarian law in Yemen. There must be an investigation into all the thousands of attacks on civilian sites, not just nine of them, and into all the thousands of civilian deaths, not just a few hundred of them. We need to know whether Yemen’s agriculture sector has been deliberately targeted in breach of international humanitarian law. We need to know whether elements of the coalition air forces are routinely operating in a reckless and indiscriminate way. We need to know whether that deliberate error in Sana’a was a one-off or part of a more systemic problem. Finally, from a UK perspective, if there have been violations of international humanitarian law, we need to know whether UK-manufactured weapons and planes have been used to commit those violations. With all due respect to the individuals who make up Saudi’s JIAT, its output to date—whether in terms of volume, speed or content—gives no confidence that it can carry out this type of comprehensive investigation, let alone an independent one.

[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

I absolutely agree with my hon. Friend’s argument. In making the case for an independent UN-led investigation, will she make it clear that it should investigate alleged violations committed by both sides in this conflict?

[Emily Thornberry]

Absolutely. My hon. Friend is quite right to suggest that there have been violations on both sides. I stated that at the outset of my speech, and it is important to make that fact absolutely clear to the House. It is also important that when we are giving support to one of the sides, we should hold that fact up to the light of day.

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[Crispin Blunt (Reigate) (Con)]

It is probably essential that I follow the hon. Member for Ochil and South Perthshire (Ms Ahmed-Sheikh) because she quoted extensively from the Foreign Affairs Committee’s report on this subject. My critique is that she took the comments about the cluster munition incident and extended them considerably more widely, and that is at the heart of the problem with the assessment of this issue.

Although the Committee felt that there should be independent verification around the cluster bomb incident, and we did say that a

“United Nations-led investigation of alleged violations by all parties to the conflict is necessary to supplement the internal investigations of the Saudi-led coalition”,

it is standard international practice that the Saudis should be given the opportunity to investigate these incidents in the first instance; that is an established principle. We said in the report:

“We agree with the Government that it is appropriate for the Saudi-led coalition to investigate these allegations in the first instance.”

We went on to look at the detail of the operation of the joint incidents assessment team, saying:

“further progress is needed to ensure that JIAT is transparent, credible, and publishes its investigations in a timely manner. We recommend that the UK Government offer its support to the JIAT where appropriate so that it can meet these ends.”

In the rather limited time available, I want to refer briefly to the allegations of breaches of international humanitarian law. We have imposed on ourselves through the law the toughest set of conditions around arms licences. The proper place for those laws to be tested is in a court, and that is what will happen. More widely, in relation to our interests both in Yemen and the Gulf as a whole, the Government are charged with the responsibility of promoting our national interest and the international interest, as well as the wider promotion of our values.

No one will disagree when I say that there are, of course, challenges in this area. The Yemen conflict represents an immensely difficult challenge on a number of levels. However, as the Foreign Secretary said, the conflict did not come out of nowhere. We have to look at the issue of intent. I disagree with the hon. Member for Ochil and South Perthshire when she says that the Saudis are targeting women and children. The judgment we have to make is whether the Saudi-led coalition, in executing a unanimous United Nations Security Council resolution to restore some kind of order to the recognised authority in Yemen, is trying to do so with the best of intentions. What is the Saudi interest in committing breaches of international humanitarian law while progressing a very difficult military campaign in the most unbelievably difficult geographical circumstances, given that the coalition is relatively immature and has never done this before? We should be thinking about what support to give our ally in picking up its responsibility for the delivery of regional security, because if it was not doing so, where would that responsibility sit?

[Stephen Twigg]

The hon. Gentleman mentioned intent. Does he not accept that arms trade law is based not on intent, but on the clear risk of violations of international humanitarian law? Like me, he supports an independent inquiry. If that found that international humanitarian law had been violated by the Saudi-led coalition, what action would he support?

[Crispin Blunt]

As I have just made clear, that is a matter for the courts. It is a matter of law that should be judged in the courts. The judgments that we need to make are policy ones. As far as the conduct of the operation in Yemen is concerned, it is in our interests to give as much support as possible to the Saudi-led coalition, which is, in effect, acting on our behalf, so that the coalition is able to conduct the operation successfully and within international humanitarian law.

Would that aim be achieved by pulling all support from the Saudi-led coalition, as the Opposition’s motion proposes? Would it be assisted by suspending arms exports, as the Scottish National party’s amendment suggests? It is pretty clear to me that either of those actions would seriously damage the sensible and proper conduct of the operation in Yemen by making it more difficult for the coalition to execute the operation with the advice and support of both the United Kingdom and the United States.

Despite the limited time, I want to put this issue in the context of our wider relationship with Saudi Arabia. What lessons would the Saudis take, and what message would it send to Saudi Arabia if, in these circumstances, we pre-emptively—in advance of any legal challenge to the basis of the licensing regime—pulled support from Saudi Arabia? Whether they are acting under international humanitarian law will be tested in the courts, but I believe at least that their intent is to make sure that they progress the operation within international humanitarian law.

What is happening in Saudi Arabia today, and in what direction is the state going? We have had a long-term strategic relationship with Saudi Arabia, and I invite hon. Members to examine what is happening there. They should look at Vision 2030. They should look at the people who are now in charge. Anyone who has listened to the Foreign Minister, Adel al-Jubeir—he has been to the House twice recently to give a presentation to MPs—will have seen how impressive a Foreign Minister he is. The deputy crown prince who is now leading economic reform in Saudi Arabia has put extremely impressive technocrats in charge of that process. It is all part of a wider modernisation process, not just economically but socially. It is absolutely in our interests that that direction for Saudi Arabia is supported and is successful.

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[Stephen Twigg (Liverpool, West Derby) (Lab/Co-op)]

Last Saturday in Liverpool, I helped to organise a vigil for peace in Yemen, at which we launched the “Liverpool Friends of Yemen”. The scale of the humanitarian crisis is truly appalling. Thousands have been killed. Three million are acutely malnourished. As the motion says, it is a country

“on the brink of famine”.

More than 21 million Yemenis require humanitarian assistance—80% of the population. Over 1 million children are internally displaced. More than 14 million are in need of basic healthcare.

I pay tribute to DFID and the Government for their humanitarian relief work. This country has committed £100 million at a time when the UN appeal, according to my latest figures, is only 47% fulfilled. I also pay tribute to the many NGOs that are doing fantastic work in relieving the appalling crisis.

[Christian Matheson (City of Chester) (Lab)]

Does my hon. Friend agree that if there were more population flows towards this part of the world, we might be taking the crisis in Yemen more seriously?

[Stephen Twigg]

My hon. Friend is absolutely right. Many describe the situation as a forgotten crisis—although I welcome the fact that this is the second debate on Yemen in this House in the space of just a week.

The International Development Committee’s inquiry into the Yemen crisis reached a number of conclusions. The first thing to say is that the evidence is clear that appalling atrocities have been committed by both sides in the conflict. We heard not only that over 62% of the killings have been caused by the Saudi-led coalition, but that Houthis have recruited children to armed groups and have sieged towns such as Taiz, denying basic access to humanitarian aid and medicines. There is no suggestion in the motion or in my Committee’s reports that we are taking sides with the Houthis; this is about a balanced approach.

[Stephen Doughty]

My hon. Friend is right, and we no doubt agree on where the responsibility lies for starting this conflict and for many of the atrocities. Does he agree that we are neither an ally of the Houthis nor selling arms to them?

[Stephen Twigg]

My hon. Friend is absolutely right. It is clear that negotiations and a peace process are needed, that we need a lasting ceasefire and that humanitarian work and civilian protection must be prioritised. The International Development Committee started with the view that this was a humanitarian crisis, but as we took evidence it became clear that we simply could not divorce the humanitarian position from the alleged violations of international humanitarian law by both sides. In turn, we could not divorce that position from the fact that we are arming one of those sides.

There are widespread reports of violations of international humanitarian law. The UN documented 119 abuses, and Amnesty International and Human Rights Watch have documented substantial numbers more. The Government, however, have been rather dismissive of the evidence from such organisations. Saferworld told the Committee:

“In other contexts, the Government will cite their reports. Human Rights Watch and Amnesty will be cited in Syria; they have been cited in Libya and Sudan in support of the Government position. Here, they are referred to as not good enough to be considered evidence compared with a reassurance from the Saudis, one of the belligerents to the conflict, that there are no violations of international humanitarian law.”

I welcome the fact that at the recent UN Human Rights Council the UK position did shift and we signed up to an EU common position that enabled there to be a greater independent element in the investigation of abuses, but I support what this motion says, which is that there should be a fully independent UN-led investigation into abuses by both sides. My Committee reached agreement that in the meantime we should suspend arms sales to Saudi Arabia. The scale of arms sales—

[Wendy Morton]

I serve on the International Development Committee and, as one of its members, I think it is fair to say that we said the matter of arms sales should go before the Committees on Arms Export Controls; we did not say to suspend sales at that stage.

[Stephen Twigg]

The hon. Lady is an excellent member of the Committee and she is right that in our earlier report we did indeed say that, but in the later report in September, after the CAEC discussions, we then agreed a report, jointly with the then Select Committee on Business, Innovation and Skills, that advocated a suspension of arms sales while the independent investigation was undertaken.

I wish to finish on the following point—the clock seems to be being rather generous to me and I thank it for that.

[Mr Speaker]

There might be human forces involved as well!

[Stephen Twigg]

I am even more grateful to those human forces. The Chair of the Foreign Affairs Committee spoke about intent, and this issue is vital. What European Union, United Kingdom and international arms trade law says is that licences cannot be granted if there is a “clear risk” that the arms may be used in the commission of violations of international humanitarian law. This is not about intent; it is about there being a clear risk. That is the test we face, and my major concern is that the approach that the Government have taken is inconsistent with the UK’s global leadership role on the rule of law and international rules-based systems.

A point was raised earlier about reputation, which is very important. Our reputation as an upholder of international humanitarian law is very important. We can be proud of the active role this country played in the shaping of the arms trade treaty, and I simply do not believe that that test of “no clear risk” is the one being applied. I agree with colleagues on all sides of this debate who have said that we want a ceasefire and a political process, and that this conflict will be settled diplomatically, not militarily. However, crucially, the reason why I support this motion is that I really do believe that we need a fully independent UN-led investigation into all of these appalling alleged violations of international humanitarian law—on both sides.