International Humanitarian Law: Protecting Civilians in Conflict

Gill Furniss Excerpts

Tuesday 18th June 2019 Westminster Hall

[Ann Clwyd]

Absolutely. I am grateful for the hon. Gentleman’s experience on the Council of Europe, given the kind of discussions that take place there. Unfortunately in so many areas of conflict, we are all aware of examples of such attacks on what should be protected people, facilities and so on.

Despite the frameworks in place that are meant to protect civilians in armed conflict, and their further development and consolidation, including through the UN, civilians continue to suffer in armed conflict. According to the May briefing paper of the Overseas Development Institute, “Twenty years of protection of civilians at the UN Security Council”, a century ago civilians represented about 10% to 15% of total casualties in armed conflict; by the second world war that had risen to 50%; and by the 1990s civilians accounted for between 80% and 85% of such casualties, a trend that has unfortunately continued and possibly even intensified into this century. What is going wrong?

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

I thank my right hon. Friend for securing this important debate. Does she agree that as the UN penholder, the UK has significant leverage to pressurise countries such as Iran? Does she find it as chilling as I do that a former British military officer said that without US and UK assistance Saudi Arabia could not wage war on Yemen, yet four years on we still sell arms to the Saudis? Does she agree that that should stop?

[Ann Clwyd]

My hon. Friend obviously knows that I totally agree with her. In fact, I have joined in the argument on that particular point at various stages. I am a member of the Committees on Arms Export Controls, and that is an issue that we certainly continue to discuss.

Last month, the UN Secretary-General published his annual report on this subject. Why, as he set out, do

“civilians continue to account for the vast majority of casualties in conflict”,

and suffer from a variety of “short and long-term” impacts, “including forced displacement”, forcible

“starvation…unlawful denial of humanitarian access; attacks on humanitarian and medical personnel, hospitals, and other medical facilities; sexual and gender-based violence; and intentional damage and unlawful destruction of civilian infrastructure, property and livelihoods”?

The first thing to recognise is that armed conflict has changed in many ways, some of which have put civilians in greater danger, such as a massive increase in armed groups, including non-state armed actors. Research by the International Committee of the Red Cross shows that more armed groups have emerged in the past six years than in the previous 60 years. The proliferation of armed groups, backed by a variety of partners, allies and arms providers, often leads to a dilution of responsibility, fragmentation of chains of command, an unchecked flow of weapons, and longer and more intractable armed conflicts. All that results in greater danger to civilians. In addition, there is increased use of explosive weapons in urban areas, where populations are highly concentrated, and of so-called precision weaponry which is not precise enough.

I argue, however, that the changes in the way that armed conflicts are carried out do not mean that international humanitarian law is no longer fit for purpose, but that greater efforts must be made on three fronts: to adhere to IHL; to interpret it with civilian protection at the forefront; and to ensure that those responsible for serious violations are held to account. I cannot emphasise that last one enough. As one who collected evidence on Iraqi war crimes over a period of years, I know how important it is to document such crimes, because a time will come when it is possible to prosecute people for those crimes.

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.