What just happened?
Since 2014 Yemen has been steeped in a complex and brutal civil war that has involved many of its Gulf neighbours. Since 2015 the UK government has been sanctioning arms exports to the Kingdom of Saudi Arabia and the Saudi coalition partners. (1) The war has been widely decried as a humanitarian disaster with there being credible reports of war crimes and human rights abuses from all sides of the conflict. (2)
What does this mean?
In the complex war, the UK has not been the only country to have been involved in arming the conflict. However, the US Biden administration’s decision to suspend and review their arms sales to Saudi Arabia has put fresh pressure upon the UK government to make their own position clear. (3) Furthermore, by putting the continued support of the Saudi coalition in the spotlight, the UK government’s complicity in fuelling the humanitarian disaster is also up for debate.
In a recent House of Commons debate on Yemen James Cleverly, the minister for the Middle East and North Africa made a statement. He expressed that the government’s position affirms that no export licenses for arms will be issued ‘where there is a clear risk that the items will be used in the commission of a serious violation of international humanitarian law’. (4)
However, this statement lies in contradiction of the reality of how the UK government has conducted its arms export business. Since the Saudi-led coalition has been responsible for a naval blockade of Yemen that has resulted in ‘near-famine conditions’. (5) Furthermore, with regard to a commitment to human rights, the continued sales of arms into the Gulf is alarming. A governmental report listed Saudi Arabia as being a country that was of concern, due to its lack of transparency in trials and the continued detention of demonstrators seeking democratic reforms. (6)
MP Alyn Smith asked the question in the Commons debate on Yemen, as to how the UK can claim to be committed to human rights and humanitarian relief while also being a key exporter of arms into the conflict. (7) This has been the critical point put to the government regarding its conduct since the start of the Yemen conflict. The government response was outlined during the debate highlighting, that they have to right to support an allied sovereign state which has the right to defend itself against hostility. (8) However, more questions are raised by these positions.
Firstly, there is no question that the Houthi rebels who are opposed to the Yemen government have committed humanitarian violations. (9) Going on this the Government's claims of continuing its arms support as a result of concern for sovereign right to defence and security appears justifiable.
Nonetheless, looking at the portfolio of arms export clients the Government obscures that noble aim. For example, It has been reported that the UK has sold naval equipment to China despite the fact that a governmental report acknowledged that China has pursued a policy of sterilisation against the Uigher Muslim population in Xinjiang. (10)(11) This further raises questions over the Government's motivations in their arms dealing and commitment to human rights.
How will this affect the legal sector?
Chiefly the main concern of the legal sector is in how to hold the Government accountable to international legislation concerning human rights. However, the Government’s continued support through the sale of weapons and other materials to States that have committed human rights abuses, raises concerns over the Government's respect for those rights in the UK. It has been no secret that the Human Rights Act 1998 has been unpopular within the Conservative party. Considering the global situation concerning state pressurising human and civil rights it is now vital for there to be sustained avocation of those that are enshrined in law and the pursuit of potential threats to them.
Written by Paul Tuck
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#Bhatt Murphy#Bindmans LLP#Deighton Pierce Glynn#Leigh Day#Birnberg Peirce & Partners#Hickman & Rose#Hodge Jones & Allen Solicitors#Howard Kennedy LLP#Irwin Mitchell#ITN Solicitors#Simons Muirhead & Burton#Tuckers Solicitors
References
1) Full Fact Staff, ‘The UK Has Licensed at Least £4.7bn of Arms Exports to Saudi Arabia Since the Start of the Yemen War’, (Full Fact. 7 September 2018), https://fullfact.org/news/uk-has-licensed-least-47bn-arms-exports-saudi-arabia-start-yemen-war/
2) Amnesty International, ‘Yemen 2019’, (2019), https://www.amnesty.org/en/countries/middle-east-and-north-africa/yemen/report-yemen/
3) Warren P. Strobel, ‘Biden Re-Examining U.S. Arms Sales to Saudi Arabia, U.A.E.’, (The Wall Street Journal, 27 January 2021), https://www.wsj.com/articles/biden-freezes-u-s-arms-sales-to-saudi-arabia-uae-11611773191
4) HC Deb 8 February 2021 Vol:689 Col: 25-30 https://hansard.parliament.uk/commons/2021-02-08/debates/DD75DAB2-90FB-42FF-B3EC-095A91F0C49B/Yemen
5) Samuel Perlo-Freeman, ‘Who is Arming the Yemen War? An Update’, (World Peace Foundation, 19 March 2019), https://sites.tufts.edu/reinventingpeace/2019/03/19/who-is-arming-the-yemen-war-an-update/
6) Foreign Commonwealth and Development Office, ‘Human Rights priority Countries: Ministerial Statement, January to June 2020, (20 November 2020), https://www.gov.uk/government/publications/human-rights-priority-countries-autumn-2020-ministerial-statement/human-rights-priority-countries-ministerial-statement-january-to-june-2020
7) HC Deb 8 February 2021 Vol:689 Col: 25-30
8) Ibid
9) Amnesty International, ‘Yemen 2019’, (2019)
10) Dan Sabbagh, ‘UK Sells Arms to Nearly 80% of Countries Under Restrictions, Says Report’, (The Guardian, 26 January 2021), https://www.theguardian.com/world/2021/jan/26/uk-sells-arms-to-nearly-80-of-countries-under-restrictions-shows-report
11) Foreign Commonwealth and Development Office, ‘Human Rights priority Countries: Ministerial Statement, January to June 2020, (20 November 2020)
Disclaimer: This article (and any information accessed through links in this article) is provided for information purposes only and does not constitute legal advice.