Source · Select Committees · International Development Committee
Recommendation 16
16
Acknowledged
Condemn IHL breaches consistently, irrespective of diplomatic relationships with offending parties.
Recommendation
As part of the UK’s leadership role, the Government must be ready to call out actions not only when a blatant breach of IHL has been ruled on by a court, but when the spirit of IHL is being eroded. This condemnation needs to extend to where an overly permissive interpretation of IHL has been taken and must happen in equal measure regardless of the offending party’s diplomatic relationship to the UK. Failure to do so undermines a system designed to keep all civilians safe and to impose limits on the horrors of war. (Recommendation, Paragraph 39)
Government Response Summary
The government partially agrees, stating it consistently calls on all parties to comply with IHL and observe robust standards without differentiation. It clarifies that it cannot provide a running commentary on possible breaches due to lack of detailed information to determine IHL violations.
Government Response
Acknowledged
HM Government
Acknowledged
Partially agree. The UK consistently calls on all parties to conflicts, including non-state armed groups, to comply with their obligations under IHL and observe robust standards. In so doing it does not differentiate between conflicts or between parties. The Government cannot provide a running commentary on possible breaches of IHL in situations of conflict. Determining whether violations of IHL have occurred in the conduct of hostilities, for example, depends upon detailed knowledge of the facts of the specific military operation, including the precise nature of the target, the methods used to attack, the attacking party’s knowledge at the time and the anticipated military advantage in launching that attack. This is information to which the FCDO does not readily have access. Harm to civilians and civilian infrastructure is a tragic aspect of armed conflict, but does not in itself mean that IHL has been violated or that war crimes have been committed, particularly in circumstances where parties to a conflict are embedded among the civilian population and in civilian infrastructure. This does not stop the UK highlighting the risk of atrocities occurring and flagging concerns about respect for IHL including responding to particular allegations. We engage closely with partners, publicly and privately, to call out reported violations and to press for compliance with IHL.