Posts Tagged ‘bombing’


The Court of Appeal has granted permission for Campaign Against the Arms Trade to appeal the legality of arms sales to Saudi Arabia

The destruction of Yemen continues and our role in that destruction becomes ever more clear as time passes.  The case brought by CAAT failed and it is welcome news that the Appeal Court has allowed an appeal.  The decision was profoundly flawed and needs to be challenged.  It raised disturbing questions, not just about our role in the bombing of Yemen, but how our supposedly independent legal system operates in cases like this.

An analysis of the decision by Oxford Human Rights hub and others revealed profound flaws in the Appeal judges ruling and handling of the case.  These are:

  • statements by the government were taken at face value despite claims that the case would be looked at objectively
  • the judges regarded evidence from NGOs as necessarily being of lesser value than the government’s arguments.  They said they were ‘second hand’ despite the fact that the NGOs had representatives on the ground and had collected considerable first hand evidence of what was happening
  • the close relations the government has with the Saudi government (to which we could add many members of the Royal family) puts them in a good position, it was claimed, to take statements by the Saudis at face value namely that they were compliant with International Human Rights standards
  • the court took no account of the stake the government has in the trade namely that 46% of our arms exports are going to this country.  That this might bias their case was not something that the judges seemed to consider.  Indeed, they went further pointing to the ‘highly sophisticated, structured and multi-faceted process’ of government decision taking in comparison with that of the press and NGOs.  Altogether, the judges exhibited an unduly deferential approach to the government
  • But perhaps the most disgraceful aspect of their judgement was the issue of ‘inference’.  This argument centred on the idea that it was not necessary or practical for the government to infer that civilian causalities and breaches of IHL arose from the supply of weaponry to the Saudis.  Because this destruction was taking place in another country, it was not practical for the Secretary of State to have access to all the relevant information.  So on the one hand, the judges say that the government has a superior and sophisticated decision making process compared to that of the NGOs and media, but on the other hand, when civilians are killed, suddenly they are not in a position to know it was our weapons which were involved.

There are other criticisms of the judgment and the dubious logic on which it was based.  Overall, they seemed to adopt a unduly deferential approach to the government’s position.

In another development the Committee on Arms Export Controls criticized many aspects of the government’s dealings with arms supplies to the region.  One key aspect is the question of brokerage.  This is where a company, registered in the UK, uses a broker to circumvent the controls on the sale of arms.  The Committee concluded:

The Committees conclude that it is a significant loophole in UK arms export controls that a UK company can circumvent those controls by exporting military and dual–use goods using an overseas subsidiary. The Committees recommend that the Government states whether it will close this loophole, and, if so, by what means and in what timescale.

The Committees continue to conclude that it is most regrettable that the Government have still to take any action against “Brass Plate” arms exporting companies who have the benefit of UK company registration but carry out arms exporting and arms brokering activities overseas in contravention of UK Government policies. 35 The Committees’ Recommendation: The Committees again recommend that the Government sets out in its Response to this Report what steps it will take to discontinue the UK registration of such companies  [Extracts from the Select Committee Report]

The government does not accept the committee’s conclusions on this matter.

In yet another aspect, the government is alleged to use opaque licensing procedures to conceal hundreds of millions of pounds worth of British-made missiles and bombs sold to Saudi Arabia for use in Yemen under a licensing system that makes tracking arms sales more difficult.

Currently, the sale of arms is governed by the Arms Trade Treaty and the Consolidated EU and National Arms Export Licensing Criteria.  It is clear from the opinion of the sub committee, CAAT and other NGOs that the government is using every stratagem to sell arms to Saudi and to keep on doing so.  Royalty and ministers are pressed into service to keep the Saudi regime sweet.  The effects of our arms – and those of other arms suppliers such as the USA – on the people of Yemen has been devastating.  With 10,000 deaths and many more thousands injured and displaced, it is a calamity on a massive scale.  We must hope that the higher court will overturn the highly dubious and flawed decision.

In the future, post Brexit,  there will be a reduction in the degree of control over this trade in the opinion of Stockholm International Peace Research Institute.  In a commentary they say:

Either way, it is likely that Brexit will lead to a reduction in the EU’s ability to promote its standards in the field of export controls internationally. […]  If Brexit means the UK starts to water down its export controls in order to facilitate transfers to Saudi Arabia, or otherwise boost its arms exports, the implications may be more severe. Such a move could trigger a ‘race to the bottom’ among EU member states, many of which are seeking to boost their own arms exports in order to help domestic producers offset the impact of post-2008 national defence cuts.

Let us hope they are wrong.  It is likely however that post Brexit, there will be a keen desire to secure trade deals – to include arms sales – with any foreign nation including those with poor human rights records.

Sources:

Oxford Human Rights Hub; Ibid (part 2); Opinio Juris; CAAT; The Guardian; Amnesty International; European Journal of International Law

Advertisements

Parliament’s concerns are very partial

This week saw parliament reconvene and a major debate take place concerning the attack on chemical weapons facilities in Syria.  These attacks took place in a coordinated way by British, French and American forces and the reason for them was claimed to be the crossing of a ‘red line’ by Assad because of his use of chemical weapons in his latest attack.  This led to calls for parliament to be recalled and considerable debate about whether we should have joined in the bombing.  The Labour leader Jeremy Corbin called for a War Powers Act to be enacted to clarify when a prime minister could and could not engage in military actions.

The death and destruction in Syria is appalling.  The use of barrel bombs dropped on civilian areas has caused terrible damage and thousands of innocent citizens have been killed.  The Syrian Network for Human Rights estimates that over 217 thousand civilians have been killed; over 13 thousand have been tortured to death and over 27 thousand children have been killed.  Of those, 80% were killed by Syrian forces and 6% by Russians.  These figures have been broadly supported by the Syrian American Medical Society and White Helmets, an aid agency working in the country.  There has been universal condemnation including by the UN’s Secretary General.

Meanwhile, in Yemen, another conflict is underway also causing considerable death and destruction.  As we noted in an earlier post, thousands have died, cholera is widespread, and the country is being steadily bombed back to the stone age.  Millions have been displaced and medical and other humanitarian supplies are prevented from entering the country because of a blockade.  There has not however been much in the way of outrage from parliamentarians about this and no calls to recall parliament.

Another key difference is while Assad is treated as a pariah, the Saudis who are carrying out the Bin Salman sits flanked by Theresa may and Boris John <figcaption> Boris Johnson and Theresa May rolled out the red carpet for the Saudi Crown Prince. c. Getty Images/Bloomberg </figcaption> </figure> son, with members of his entourage and other Government Ministers seated in rows behind bombing of Yemen – including schools, hospitals, civilian facilities and weddings – are feted in the UK, get to meet the Queen and receive visits by Prince Charles and other members of the royal family.  This is because we are major suppliers of weapons to the regime.  RAF personnel are involved in some way helping the Saudis. (Picture: Campaign Against the Arms Trade)

It was claimed that the justification for the bombing of Syria was the crossing of the red line.  This suggested that Assad had used chemical weapons for the second time and we had to send a message to deter him.

One problem: it is not the first or even the second time he has done this.  The SNHR estimate that he has used them on 207 occasions and on 174 occasions since the Ghouta attack.

207 chemical weapons attacks by Assad

The very notion that a red line has been crossed is therefore not tenable as Assad has regularly used these weapons, on average three times a month.  In addition to chlorine he has on occasion used Sarin.

Tens of thousands of people have lost their lives or have lost loved ones in these terrible conflicts.  The destruction of buildings will take decades to do and billions to repair.  In one case we continue to profit from the supply of arms and roll out the red carpet to those who are responsible: in the other case we say a red line has been crossed – which it has on many, many occasions – and bomb the country.


The UN to send a team of experts to the Yemen
UK government tried to frustrate this

The United Nations has just announced in the last few days, that it is to send a team of ’eminent international and regional experts with knowledge of human rights law and the context Yemen for a period of at least one year’.  (HRC 36)  They will conduct a ‘comprehensive examination of all alleged violations and abuses of international human rights law.’

Readers of this blog and elsewhere will be aware by now of the dire situation in that country.  The latest figures, reported by the BBC, show that over 8,500 have been killed, mostly in air strikes, and around 48,000 injured.  A cholera epidemic has hit the country and over 700,000 are affected by that.  Matters are made worse because hospitals are bombed and there is a blockade hindering or preventing medical supplies getting through.  About 20 million citizens are in need of aid of some kind.

The crisis has come about because of Houthi rebels fighting government forces.  What has made matters worse is the aid the UK and other governments have provided to the Saudis.  In the past these have included cluster munitions – now banned but allegedly still being used – and Paveway bombs to replace them.  RAF personnel are involved in the control room but it is claimed they are not involved with the actual bombing.  The involvement of British military personnel was kept secret and was only known when it was revealed by the Saudis themselves.  Targets have included weddings, funerals, schools, markets and medical facilities.  Only recently, Amnesty reported on residential building hit by a US made bomb killing 16 civilians.  This was due to a ‘technical error’ it was claimed.

The establishment of a team to look into human rights violations is to be welcomed and in a statement, Amnesty International said:

A resolution passed by the UN Human Rights Council today, authorising the establishment of group of international experts to investigate abuses by all parties to the conflict in Yemen, is a momentous breakthrough that will pave the way for justice for countless victims of human rights abuses and grave violations of international law, including war crimes.

The resolution was passed in Geneva today by consensus, after intensive negotiations.  It is the result of years of campaigning and lobbying by Yemeni human rights organisations as well as Amnesty and other international human rights and humanitarian organisations.  30 September 2017

Negotiations have been intense reportedly and it was the Canadian and Netherlands governments holding firm which secured a result.  The US, UK and French governments were dragging their feet.  This is because these governments have significant and lucrative weapons sales to the Saudis.  Only a few days ago, success did not look promising with the Daily Mail reporting a stalemate.  The actions by our government, the US and France prevented a proper commission of enquiry.

The Guardian reported on 24 September the UK’s role in seeking to block the enquiry:

Foreign secretary Boris Johnson last week rejected the need for such an inquiry, arguing that the UK was “using a very, very wide variety of information sources about what is happening to acquaint ourselves with the details” about Yemen.

But the revelation that the UK neutered EU attempts to bring about such an investigation is likely to raise questions about its motives.  Since the conflict began, the UK has sold more than £3bn worth of weapons and military equipment to the Saudis and defence contractors hope more deals are in the pipeline.

“Blocking attempts to create an international inquiry is a betrayal of the people of Yemen who have suffered so much during this conflict,” said Polly Truscott of Amnesty International.  “It’s shocking. The UK ought to be standing up for justice and accountability, not acting as a cheerleader for arms companies.”

Human Rights Watch has also spoken out about the role of our arms sales in worsening the conflict.  With Brexit on the horizon, the need to secure such arms sales will only increase and indeed, the Trade Secretary Liam Fox is off to Saudi soon to try and secure more sales of aircraft.

UPDATE: 2 October

A number of stars wrote to the Observer on 1 October calling for a ban on arms sales to Saudi.  Names include: Ian McEwan; Bill Nighy; Phillip Pullman.

 

Sources: Amnesty; BBC; The Daily Mail; Human rights Watch; Middle East Monitor; UN; Observer; Guardian


Maybe you feel shocked at the shameful role our government has played in this war and would like to do something about it.  If you would like to join us you would be very welcome.  Come along to one of our events which are listed at the end of our minutes or keep an eye on Facebook and Twitter or this site (Salisburyai).  It is free to join the local group

 

 

 

 

 


British weapons being used to bomb civilians

This week we have been treated to speeches in Parliament and a great deal of press interest on the question of bombing Isis.  The political temperature rose after the terrible events in Paris and the indiscriminate killing of people sitting in cafés and at a pop concert.

The government would now like the UK to join in the bombing campaign against Isis positions and David Cameron gave a lengthy speech in Parliament setting out his justifications for that course of action.

Meanwhile, in Yemen, another terrible conflict is in progress and yet this receives almost no coverage in the press.  Thousands have died (one estimate is 5,700) including an estimated 400 children, and airstrikes by Saudi Arabian forces are bombing the country on a daily basis.  Schools and hospitals are bombed and cluster bombs are being used in contravention of international treaties.

Paveway missile sold to the Saudis

Paveway missile sold to the Saudis

The difference is that Saudi Arabia is a big buyer of our weapons – indeed an estimated half of all weapons sales by the UK go there – so they are an important customer.  Little is said to criticise them and readers of this blog will be aware of our attempts to get our government to take a more robust line in view of their multiple human rights abuses.

Amnesty and HRW have criticised the US government for agreeing to sell an unbelievable $1.3bn (£860m) of further ordinance to replenish stocks used in the campaign.  This is in breach of the Arms Trade Treaty since the weapons are being used against civilians.  Médecins sans Frontières report:

… ordinary people are bearing the brunt of an increasingly brutal conflict.  Severe water shortages combined with airstrikes, sniper attacks and a fuel blockade have rapidly turned this conflict into a humaniitarian crisis, with over one million people displaced from their homes.  The need for food, water, shelter, sanitation and medical care is growing daily.

Many clinics and hospitals have been destroyed, and those that are still functioning are in urgent need of more medical supplies.  Yemen: A country under siege

AI and Human Rights Watch are in no doubt that UK and US supplied munitions are being used to cause this mayhem in Yemen.  Up until now we have received nothing but bland assurances from the Foreign and Commonwealth Office and from our MP.  But recent events including changes to the Ministerial code and a downgrading of human rights in policy matters, seems to indicate that it is profit before humanity which is the key factor.

This might change because now that British made weaponry is turning up in Yemen thus causing some concern in the FCO.  They are beginning to question the wisdom of supplying the Saudis who then use the stuff to kill ordinary civilians.  We could just be indicted for war crimes.  They are also worried that we are helping create the conditions for an Isis type organisation to establish themselves in Yemen.

So while speeches are made about bombing Isis, we are busy supplying the weaponry to create another catastrophe on the Saudi peninsular…

Sources:

MSF;  The Independent;  Belfast Telegraph;  Business News;  HRW