Question to the Foreign, Commonwealth & Development Office:

To ask His Majesty's Government what assessment they have made of the risk of legal challenges when relying on the provision in Article 21 of the Cluster Munitions Convention allowing the United Kingdom to fight alongside states that are not party to that Convention.

Article 21 of the Cluster Munitions Convention allows for co-operation between States Parties and non-State Parties. The UK's interpretation of Article 21 is clear. UK personnel are not prohibited from military cooperation and operations with non-States Parties which may engage in activities prohibited to a State Party, but the use, production or transfer of cluster munitions remains prohibited in all circumstances for UK personnel as does the express request for the use of cluster munitions where the choice of munitions used is within the UK's exclusive control. This position is enshrined in UK law by the 'Cluster Munitions (Prohibitions) Act 2010', establishing criminal offences to enforce the prohibitions, while providing a defence for international military operations or co-operation activities. We also recognise our obligations under Article 21 to discourage States not party from using cluster munitions.

As Baroness Chapman laid out at the House of Lords debate on 3 April regarding Landmines and Cluster Munitions, the UK remains a committed State Party to the Convention on Cluster Munitions. The UK continues to discourage the use of cluster munitions and further calls on all non-State Parties to ratify and accede to the Convention. Nevertheless, we have a long history of operating alongside states with different legal obligations whilst adhering to and promoting our own.