International Humanitarian Law: Protecting Civilians in Conflict

There continue to be too many instances of IHL not being respected and, worryingly, a determination at times to flout legal obligations to protect civilian populations.

I must highlight my concern about the Ministry of Defence’s ludicrous claim that there was only one civilian casualty resulting from its operations in Mosul and Raqqa in the fight against IS, despite the RAF dropping over 4,000 munitions, of which over 70% were 500 lb bombs, primarily in urban areas. That figure indicates the UK’s inability to accurately record civilian casualties and track civilian harm, and the lack of a baseline for assessing civilian harm.

The UK wants to be a global champion on civilian protection—obviously, we would all commend that. We will not, however, be credible on the international stage until and unless we are first accountable for our own operations. We therefore need a dedicated civilian casualty mitigation and investigation team with proper resources, to understand the impact of our operations and accurately record civilian harm. We need to appoint a dedicated military chief of staff to co-ordinate civil-military issues, and a civil-military focus in all major military headquarters with a centralised role in planning and decision making, to represent the interests of civilians.

In addition, the UK must do more to uphold our positive responsibilities under IHL and clarify the British position when assisting and working with partners, whether sharing intelligence and assets, providing weapons and materiel support or training and giving advice to local forces. We sometimes still fall short, so I urge the Government yet again to rethink our support for the Saudi-led coalition in Yemen, as my hon. Friend the Member for Sheffield, Brightside and Hillsborough (Gill Furniss) mentioned, to ensure that any support provided is, at the very least, more explicitly conditional on a proactive policy of adherence to civilian protection.

More generally, the Government should adopt a dedicated process of operational end-use monitoring—again, in the Committees on Arms Export Controls we have had in-depth discussions about end-use monitoring, taking examples from other countries, to analyse the operational outcomes of UK assistance, work with partners through training and education to build a foundation for civilian protection before conflict begins, and build capacity in all relevant areas, including security sector reform, neutrality of humanitarian actors and targeting. I emphasise the need for more vigilance in preserving the space for, and enabling the capacity of, neutral dedicated humanitarian actors, who work hard in extremely difficult circumstances to fill the gaps in civilian protection. We must ensure that their neutrality is not repeatedly compromised, as that opens them up to attacks; counter-terrorism measures must not risk criminalising their essential activities; their funding must remain adequate and not be tied to unreasonable or overly bureaucratic conditions; and they and their facilities must not be targeted.

Last but not least, we need to do more to address the accountability crisis. Impunity for serious IHL violations simply fuels further violations and puts civilians at even greater risk. The UK needs to support referrals to the International Criminal Court, champion ad hoc fact-finding mechanisms—including commissions of inquiry and the International Humanitarian Fact-Finding Commission —and the establishment of local courts and transitional justice mechanisms, and it must consider adopting targeted measures against those who commit such atrocities.

All Governments need to step up their efforts to protect civilians in armed conflict and recognise and adopt best practice, such as that of NATO, which is making significant efforts to make civilian protection a key element of operational planning. That is essential if we are to see a dramatic reduction in civilian casualties and harm in the next decades.

For the UK really to make its mark on the global stage, I urge the Government not only to take the action I have called for, but to ensure the current review of its protection of civilians strategy is the beginning of a longer term process to adopt a cross-departmental strategy and whole of Government approach, so the protection of civilians is formalised as a top-line priority in UK operations and UK assistance to partners. The Government should also appoint a dedicated ambassador to champion protection of civilians on the global stage, to better utilise the UK’s position as chair of the informal expert group on protection of civilians and to work with the broadest possible range of states and relevant actors, as well as increase our influence in the UN, including through increased support and involvement with peacekeeping operations, UN missions and relevant UN agencies, such as the United Nations High Commissioner for Refugees and the Office for the Coordination of Humanitarian Affairs.

Now more than ever, armed conflicts in other parts of the world can no longer be, to paraphrase slightly, quarrels in a faraway country between people of whom we know nothing. We need to care about how civilians are affected by armed conflicts, because the horrific violations carried out against them are a stain on all humanity, and their effects are long lasting and widespread.

What do we do about all this? First, we need to encourage more work by academics across Africa. I am aware that there is some activity in South Africa, but we need to encourage more Africans to carry out research and projects, which the Department for International Development may need to help fund. Above all, we need to ensure that the Geneva convention is enforceable. At the moment, it is characterised by a huge amount of non-compliance. We sit back and cross our arms and say how terrible that all is, but we do very little about it. We need to do something about it if we are to stop it happening.

Lastly, we need to boost the amount of UN peacekeeping. Peacekeeping plays a vital role, and having peacekeepers on the ground is a good way of tackling this problem. I would love to see us argue for more peacekeeping, and more effective peacekeeping, throughout the world, wherever we can play our part.

The right hon. Lady referred to the figure for RAF casualties, and the claim that there was only one civilian casualty after 4,000 munitions were dropped in the war against Isis. In future, we should perhaps require independent confirmation that there have been no civilian casualties, and use that as the basis. In circumstances where there is no independent confirmation for whether there have been civilian casualties, there must be a question mark over that issue. The RAF is effective and efficient and has tight safeguards over the use of munitions, but to suggest that there was only one civilian casualty after 4,000 attacks is challenging in terms of credibility.

We know that warfare is changing and that we are moving away from large-scale ground interventions. Airstrikes are becoming the primary means of achieving military objectives, and as we saw in Syria, they are increasingly used in urban areas. Drones are an added element of that. People attempt to portray drones as highly precise in their targeting, but there must be a question mark over that. We must ensure that issues of legality, transparency and accountability in the use of drones are monitored and built on. This is a developing area of military intervention, and the legal safeguards around drones must grow at the same time as their use.

We must focus on civilian protection during our own operations, but we must also consider the role that the UK increasingly plays when working with its partners—Saudi Arabia and the conflict in Yemen are often mentioned as an example of where UK personnel are not involved in directing attacks, but they are in command centres. The role the UK should play in civilian protection should be enhanced to cope with scenarios where the UK is an active partner in conflicts. Unfortunately, evidence is overwhelming that attacks have taken place in Yemen, from both sides, that are in breach of IHL. As parliamentarians, we should be worried that, while we have a role in expressing a view and voting on whether the UK should or should not take part in armed conflicts, we do not have one regarding whether the UK partners with countries that are in conflicts, such as that in Yemen. Perhaps we should look at whether we as parliamentarians should have an enhanced role when such partnerships are established.

It is not just when the UK is involved in a partnership that there are perhaps risks around whether we might be—either actively or at a distance—involved in matters that affect IHL. For example, the current US campaign in Yemen is separate from the conflict, but we must consider the use of drones. The same is true in places such as Pakistan and Somalia. The all-party group on drones set up an inquiry into the use of drones, and there are concerns about British involvement in US strikes in Yemen. It has been reported that there has been UK assistance with intelligence sharing, information triangulation and the tracking of informants, via the base in Yorkshire.

The German High Court recently found that at least some of the US drone strikes are unlawful and that Germany has an obligation to protect the Yemeni plaintiffs’ right to life. The German Government also have a legal obligation to establish a mechanism to ensure that any assistance to the US adheres to IHL. I therefore hope that, when the Minister responds to the debate, he will say whether the UK Government have looked at the German High Court ruling on the US strikes and at whether they need to develop a policy or position on that. Are the Government comfortable that we could not be in the same position, given our role in Yemen?

I have three precise asks for the Minister. First, will the Government assure Members that they have considered the German case and assessed its legal implications for the UK? Secondly, as part of the forthcoming UK protection of civilians strategy, will there be a clear mandate and commitment to the protection of civilians, and specific guidance on the use of explosive weapons in urban areas and in partnerships? Finally, through our position as a penholder on civil protection at the UN, we have a unique opportunity to lead a global recommitment to civilian protection in UN forums—I know that is something to which the Minister would wish to commit.

We have a crisis of great magnitude on our hands. When up to 85% of war casualties are civilians, it is clear that the laws of war—distinction, proportionality, necessity and precaution—are being disregarded on a large scale. The time to act is now.

Many hon. Members will have seen the work being done by Hamish de Bretton-Gordon, a distinguished former military officer. I had the opportunity to hear from him today, just after his return from the middle east where he advises the Idlib Health Directorate of the most up-to-date circumstances in Syria and particularly Idlib. He says this:

“Nearly 700 civilians killed this year and 500,000”

internally displaced people

“in Idlib many without homes living in the open and off scraps and evidence of another chemical attack. There have been 29 attacks on hospitals by Russian and Syrian aircraft with many now out of commission. A handful of hospitals and doctors are now trying to care for 3 million civilians…Because we have done nothing to prevent this atrocity the crimes against humanity of attacking hospitals and the use of chemical weapons, this will haunt us much longer than the Syrian conflict. People in Idlib, who I speak to on a regular basis, feel completely let down by the West—we might be prepared to act against Iran for attacking an oil tanker but nothing to help the humanitarian disaster in Idlib?!”

I submit that we should be seeking to name and shame the aircraft attacking those hospitals, and provide evidence to the International Criminal Court for future prosecutions. As the Minister knows, the Foreign and Commonwealth Office has sought to protect evidence of breaches of international humanitarian law in Syria. The advent of mobile phone technology means that we can collect evidence of the atrocities. In Khartoum, Sudan, mobile phone pictures have been taken of individual soldiers committing atrocities, breaking international humanitarian law. I hope that the Minister will be able to reassure us that in Syria, where there is a long-standing FCO operation, and in Khartoum, Sudan, we are collecting that evidence and we will make sure that it is used to bring international justice to those who have perpetrated those atrocities.

On that point, I remind the Minister that General Bashir, currently in jail in Khartoum, has been for many years the subject of an indictment through the International Criminal Court. We expect the British Government to do everything in their power to ensure that that warrant is executed.