Constitutional Dilemma: Yemen War Crimes Tribunal

Betchy Garden Agent

Tonight, Doctor Alexandra is dictating the situation concerning the constitutional dilemma in Middle East policies which the UK left in its will before moving on, with particular reference to Yemen. She has given me instructions to do research into the defunct UK’s contacts with the Arab states in the Persian Gulf in relation to a case for the war crimes tribunal at The Hague. She also passed on to me a document which she took from the publications and records of the house of parliament using her skills as Betchy Garden agent. This file outlines what the UK parliament knew already in 2015 and 2016 concerning the dire situation in Yemen, where the Saudi air force has reduced the land into abject poverty through a campaign of bombardment of civilian infrastructure.

Here are some salient points found in the document which I am presenting verbatim, not always the entire paragraph for reasons of brevity, but almost always entire phrases.

Oil and Gas Supplies

The supply of oil and gas from Arab Gulf states significantly determined UK policy-making in the Persian Gulf.

  • 42. Energy supplies and power sources are undergoing extensive upheaval with the use of hydrocarbons being questioned … The interest for the UK in Middle East energy remains in securing stability of global oil supplies through the Gulf and securing its own liquefied natural gas (LNG) supplies.

  • 43. As Dr Fattouh explained, in 2015, the Middle East accounted “for more than 47% of the world’s proved oil reserves” and produced around a third of the world’s total production.

  • 44. Mr. Stewart Williams, Vice-President, Wood Mackenzie, explained that the UK’s reliance on Middle East natural gas was likely to grow. “About half of our gas is now imported”, of which “nearly a third comes from Qatari” sources, he explained. The UK, he said, will become “more and more reliant” on LNG imports.

Sales of Weapons

The UK has been selling weapons to Gulf states, and these sales have increased considerably since Saudi Arabia and its allies invaded Yemen in 2015. Those who are still supplying weapons to these countries from Britain are doing so following the same UK script, even though times have changed since that script was written.

  • 46. Above all, the Middle East dominates the UK defence export market and is the largest regional importer of British defence services and equipment. In 2015, the UK’s defence exports to the Middle East constituted over 60% of the UK’s £7.7 billion defence export market. The Gulf, in particular, remains an important regional market.

  • 70. We consider British military involvement in the Middle East in Chapter 9 but here we focus on the question of arms sales. Arms sales, which are a considerable commercial interest, a significant source of jobs in the UK, and a plank of British foreign policy in the Middle East, can cut across our wider interests in stability, our humanitarian responsibilities and our obligations under international law. Those conflicts of interests have become glaring in the case of the war waged in Yemen.

  • 71. The Coalition had conducted air strikes targeting civilians and civilian objects, in violation of international humanitarian law, including camps for internally displaced persons and refugees; civilian gatherings, including weddings; civilian vehicles, including buses; civilian residential areas; medical facilities; schools; mosques; markets, factories and food storage warehouses.

  • 72. Since the war in Yemen began in April 2015 and December 2015, UK arms exports licences to Saudi Arabia exceeded £1.7 billion in value for combat aircraft, and over £1 billion for air-delivered bombs. In the first year of the Yemen campaign (March 2015-March 2016), the UK granted export licences for around £3.3 billion of arms to Saudi Arabia.

  • 73. The UK was supporting the “Saudi air force” with “enhanced support spare parts, maintenance, technical advice and resupply”. The UK would, he said, “support the Saudis in every practical way short of engaging in combat”. Further support was detailed to the Commons by the FCO, which explained that the UK had also accelerated the delivery of Paveway laser-guided bombs; increased training in targeting and weapon use; and provided liaison officers in Saudi headquarters.

On Witnesses

In 2015, as Alexandra’s document shows, the UK parliament was fully aware of testimony from witnesses who spoke about the horrors caused by these weapons sales.

  • 75. Witnesses criticised the UK’s arms licensing policy to Saudi Arabia questioning its compatibility with international obligations, and its lack of strategic acuity.

  • 76. Mr Luther posed a clear test: “there can be arms sales to the region” but the “big issue is where international obligations are violated”, which Amnesty International believed to be the case.

  • 77. Witnesses pointed to the implications for the UK’s own development priorities. ADHRB believed that UK support for the coalition had “likely extended the conflict and deepened UK complicity in a humanitarian catastrophe”. Mr Holmes said the UK should consider when “activity against civilians is contributing to violent extremism and future fragility”.

  • 78. Two years after the intervention, the UN has warned that Yemen is on the brink of a famine, with children paying the heaviest price. The collapse of the state has given Da’esh and Al-Qaeda in the Arabian Peninsula greater scope in which to operate. The International Crisis Group has described them as the “biggest winners of the failed political transition and civil war”.

  • 79. There could be possible legal implications of the UK’s arms licensing policy. Mr Luther said there was “overwhelming evidence” that the Saudi-led coalition has violated international humanitarian law, and “committed, in some cases, what could be war crimes”. The UK was at risk of “being complicit in war crimes”. Mr. Holmes believed it “particularly damaging” when the UK is “seen as putting commercial interests above its international legal obligations”.

  • 80. There have been many calls for the UK to suspend arms sales to Saudi Arabia. A joint report by the House of Commons Business, Innovation and Skills and International Development Committees, published in September 2016, recommended that, in order to guard against the risk that UK arms sales might be used in contravention of international law, the Government should “suspend sales of arms which could be used in Yemen to Saudi Arabia, until the independent, UN-led investigation has come to its conclusions and then review the situation again”.

  • 82. The Government has not yielded, expressing confidence in the robustness of its own processes and policies.

Alexandra has supplied the link to the secretive document, which is here: link.

Legal Implications

According to Alexandra our constitutional expert, the Hague war crimes tribunal may be the place to go to if the UK was a subscriber to its legal conventions at the point of time in which it died, which was in the night between the 31st August and 1st September 2019. Whether or not the wraiths in limbo will actually realise the implications and decide to go there, however, is a different question.

The following is from Wikipedia on the Hague Tribunal:

“The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. The ICC is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression.

It is intended to complement existing national judicial systems and it may therefore exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. The ICC lacks universal territorial jurisdiction, and may only investigate and prosecute crimes committed within member states, crimes committed by nationals of member states, or crimes in situations referred to the Court by the United Nations Security Council.” Here is the link.

In our next edition, The Party will focus on how the UK government flatly refused to desist from furthering the war in Yemen no matter what judges said or didn't say in court. Petrodollars lining the pockets of people connected to the City scene simply counted more! 


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