L

Lord Godson (Con)

Speaking in the House of Lords on 9 June 2025

Debate

Cluster Munitions Convention: Article 21

Contribution

I thank the Minister for his response; I just wonder whether, in the light of the rapidly changing international situation and Russian lawfare, it is perhaps a little optimistic. The Government are trusting in the strength of Article 21 in the face of legal challenge. I refer the Minister to the Human Rights Watch and Harvard Law School study of 2010, which made it quite clear that Article 21’s interoperability carve-out, which the previous Labour Government obtained, does not in fact exempt signatory states from their Article 1 obligation not to “assist, encourage or induce” the use of cluster munitions. It concludes that the prohibition on assistance must apply at all times. Can the Minister therefore assure this House that the Government are certain that so eminent an interpretation of the convention is incorrect and so does not provide grounds for a subsequent successful legal challenge to our Armed Forces?

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