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Written Answers
Wednesday, 28th January 1998.
Nuclear Weapons: Policy
Lord Jenkins of Putney asked Her Majesty's Government:
- Whether they will propose an international convention banning the manufacture, deployment and use of nuclear weapons.[HL121]
The Parliamentary Under-Secretary of State, Foreign and Commonwealth Office (Baroness Symons of Vernham Dean): Her Majesty's Government are examining all aspects of our nuclear policy in the Strategic Defence Review and elsewhere.
Geneva Conventions: Additional Protocols
Lord Wedderburn of Charlton asked Her Majesty's Government:
- Whether they have ratified the additional protocols to the Geneva conventions.[HL339]
Baroness Symons of Vernham Dean: I am pleased to be able to inform the House that the United Kingdom instruments of ratification of the two additional protocols of 1977 to the Geneva conventions of 1949 for the protection of war victims are today being deposited with the Swiss authorities in Berne.
The necessary legislation, Geneva Conventions (Amendment) Act 1995, received the Royal Assent on 19 July 1995.
A copy of the note accompanying the instrument of ratification has been placed in the Libraries of the House. The note contains the statements made by the United Kingdom on ratification of additional protocol I on international conflicts. In most cases these reflect similar statements made by the United Kingdom on signing Protocol I in 1977.
I wish to draw the attention of the House in particular to the statement concerning nuclear weapons, which is in the following terms:
"It continues to be the understanding of the United Kingdom that the rules introduced by the protocol apply exclusively to conventional weapons without prejudice to any other rules of international law applicable to other types of weapons. In particular, the rules so introduced do not have any effect on, and do not regulate or prohibit the use of, nuclear weapons."
Statements to similar effect have been made by NATO partners and others when ratifying protocol I. They reflect the basis upon which the conference which drew up additional protocol I took place and statements made at the conference by the United Kingdom delegation among others.
I would also draw the attention of the House to statement (m) on Articles 51 to 55 and statement (n) on
Articles 56 and 85, paragraph 3c. These statements reserve our right to threaten reprisals if attacks were launched against our own civilians or civilian targets and remove the virtual immunity under the protocol for attacks on dams, dykes and certain nuclear facilities such as nuclear power stations, even when they are a significant part of the enemy's war effort. Both reservations have been drafted with great care to show that these would be measures of last resort, to be decided upon only if all else had failed, and requiring high level authorisation. Our actions would still be subject to the classic rule of proportionality.I would also draw the attention of the House to statement (d) concerned with Article 1, paragraph 4 and Article 96, paragraph 3, which extend the application of the Protocol to armed conflicts "in which peoples are fighting against colonial domination and alien occupation and against racist regimes in the exercise of their right of self-determination."
To guard against the possibility that terrorist organisations may seek to misuse these provisions the statement makes clear that the term "armed conflict" is understood as denoting something clearly beyond the commission of ordinary crimes including acts of terrorism, and that the United Kingdom will not be bound, in relation to any situation in which the United Kingdom itself is involved, unless it expressly recognises the adversary as genuinely an authority representing a people engaged in an armed conflict of the type referred to in these articles.
In accordance with the powers conferred in Section 7 of the 1957 Geneva Convention Act, as amended by Section 4(7) of the Geneva Conventions (Amendment) Act 1995, the Government will certify in an Order in Council the terms of the statements made on ratification.
Article 90 of Additional Protocol I establishes an international fact-finding commission and provides that the high contracting parties may at the time of ratification or subsequently declare that they recognise, in relation to any other high contracting party accepting the same obligation, the competence of the Commission to inquire into allegations by such other party of facts alleged to be a grave breach or serious violation of the conventions or the protocol. The Government intend to make a declaration of acceptance of the competence of the fact-finding commission. It will be necessary first to bring before the House legislation to confer upon the members of the Commission and their staff the necessary privileges and immunities.
Arms Embargoes
Lord Carmichael of Kelvingrove asked Her Majesty's Government:
- Whether they will list all arms embargoes currently implemented by the United Kingdom and their scope.[HL338]
Baroness Symons of Vernham Dean: The United Kingdom currently enforces 18 arms embargoes. Under the United Nations charter, we have a legally binding obligation to enforce arms embargoes imposed by the
Security Council under Article 41 of the charter. Other embargoes are imposed on a national basis or following agreement within the European Union (EU) or the Organisation for Security and Cooperation in Europe (formerly CSCE).Under UK law, binding UN embargoes are implemented by prohibiting the export of goods and technology on the military list which forms Part III to Schedule 1 of the Export of Goods (Control) Order 1994, as amended. In addition, the supply of such items from the UK or supply abroad by UK registered companies and nationals is prohibited by Orders in Council under the United Nations Act (1946). From time to time, the contents of the military list may change, for example, to reflect technological advances or continuing international efforts to counter the proliferation of weapons of mass destruction. Orders in council extend such embargoes to the Crown dependencies and the dependent territories. A licence is required for each export or supply from the UK or abroad by a UK registered company or national.
National embargoes and those agreed in the EU and the OSCE prohibit only the export of goods covered by the embargo. With the exception of the embargoes on China and Iran, the UK interprets the scope of all such embargoes to cover goods and technology on the military list as defined above.
There are currently seven binding UN arms embargoes:
- Angola (a), Iraq (b), Liberia (c), Libya (d), Rwanda (e), Somalia (f) and Sierra Leone (g).
- Afghanistan (h), Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia (i), Burma (j), China (k), Nigeria (l), Sudan (m) and Democratic Republic of Congo (formerly Zaire) (n).
- Armenia (o) and Azerbaijan (p).
- Argentina (q) and Iran (r).
- lethal weapons such as machine guns, large calibre weapons, bombs, torpedoes, rockets and missiles;
- specially designed components of the above, and ammunition;
- military aircraft and helicopters, vessels of war, armoured fighting vehicles and other such weapons platforms; and
- any equipment which is likely to be used for internal repression
(l) Implemented in the UK on 20 November 1995 (although a national embargo was announced on
11 November 1995);
(m) Implemented in the UK on 15 March 1994;
(n) Implemented in the UK on 7 April 1993;
(o) Implemented in the UK on 28 February 1992;
(p) Implemented in the UK on 28 February 1992;
(q) Implemented on 3 April 1982;
(r) Implemented on 1 March 1993. In addition to the military list as defined above, the scope of this embargo also covers items entered in Group O in Annex 1 of European Council Decision 94/942/CFSP on the export of dual-use goods, as amended.
- goods essential for the safety of civil aircraft and air traffic control systems;
- radioactive material in the form of sources for medical equipment and deuterium labelled compounds for medical use.
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