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Cluster Munitions (Prohibitions) Bill [HL]

My Lords, the Convention on Cluster Munitions is a further welcome addition to international humanitarian law dealing with the protection of civilians. Some would argue that existing international law is sufficient to deal with the issue of cluster munitions, and it is certainly true that there are instruments which are designed to protect civilians in areas of warfare. For example, Part IV of the 1977 First Protocol to the Geneva Convention requires a clear distinction to be made between civilians and combatants, and requires as far as possible the protection of civilian life. Article 57 requires states, in conducting attacks, to do everything possible to avoid or at least minimise incidental civilian loss of life or injury. Moreover, the Convention on Certain Conventional Weapons and the Protocol on Explosive Remnants of War have also done much to deal with the post-conflict situation. However, clearly in respect of cluster munitions those instruments did not go far enough. They did not ban the use of such weapons, and the enforcement of the instruments against those who would use such weapons is and was extremely difficult because, very often, it involves dealing with judgment calls made by military commanders whose principal aim may be the attainment of a military objective. We now, rightly, put a high premium on the protection of civilian populations. In an era of instant communications, pictures of and commentaries on alleged war crimes can be on our television screens and the internet almost as they happen. When Clausewitz said that war was diplomacy by other means, he was writing in the 19th century; in the 21st century we can perhaps say that war is the attainment of political objectives by other means. A military campaign is as easily lost in the living room as it is on the battlefield, so the conduct of military operations must conform to the highest standards of international law and morality. This Bill implementing the convention, as it does, is greatly welcomed. I add my congratulations to the Government and to the campaign of my noble friend Lord Dubs, the noble Lords, Lord Elton and Lord Ramsbotham, and others. We will, of course, look closely at how the Bill reflects and implements the convention. One area of concern is the issue of joint operations involving states which are not parties to the convention and how exactly the defences contained in Clause 9 of and Schedule 2 to the Bill will operate, and how far they reflect the intentions of the convention as a whole and Article 21 specifically. I am concerned about the extent to which it might be possible for a member of the UK Armed Forces, engaged on international military operations with forces of a state which is not a party to the convention, to assist, encourage or even induce a member of those forces to use cluster munitions. If that interpretation is right, I question whether that would fully implement the convention and be within its spirit. I shall explore this area in Committee. Perhaps the Minister could say a word or two about how she and the Government envisage UK military personnel operating with military forces of states which are not parties to the convention, what instructions and orders might be given to UK personnel in such a situation, and what agreements will be reached with such states prior to the commencement of such operations. However, none of this should detract from the broad welcome that the Bill has from all sides of the House. It will certainly get my support.