How UK government judges what is 'proportionate'

Baroness Warsi, the Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office. 2012 photo by Ian Jones.

Oral questions, House of Lords

Hansard
July 30, 2014

Armed Conflict

Asked by Lord Warner

To ask Her Majesty’s Government what criteria they use to determine whether military action, such as that by Israel in Gaza, is proportionate.[HL1482]

Baroness Warsi (Con): The UK’s criteria for determining whether military action is proportionate are set out in the Joint Service Manual of the Law of Armed Conflict (Ministry of Defence publication available on our website at: https://www.gov.uk/government/publications/the-manual-of-the-law-of-armed-conflict-amendments-to-the-text), which states that the losses resulting from a military action should not be excessive in relation to the expected military advantage.

Middle East

Asked by Baroness Tonge

To ask Her Majesty’s Government what assessment they have made of the long-term consequences for Israel of Operation Protective Edge.[HL1337]

The Senior Minister of State, Department for Communities and Local Government & Foreign and Commonwealth Office (Baroness Warsi) (Con): The Government has not made any assessment of the long-term consequences for Israel over the Gaza crisis. The time to carry out any assessment on this issue is in the future, once the situation in Gaza has de-escalated.

30 July 2014 : Column WA328

Asked by Lord Warner

To ask Her Majesty’s Government how many Palestinian civilians in Gaza they estimate were (1) killed, and (2) wounded, in the 2009 Israeli military operation in Gaza.[HL1394]

Baroness Warsi: According to reports received by the Foreign and Commonwealth Office, 1,400 Palestinians were killed, and over 5,000 Palestinians were injured, during Operation Cast Lead, which took place between 27 December 2008 and 18 January 2009.

Asked by Lord Warner

To ask Her Majesty’s Government what assessment they have made of whether Gaza could seek legal redress for disproportionate military intervention by Israel in the territorial integrity of Gaza. [HL1396]

Baroness Warsi: In our statements and discussions with the Israeli authorities, we have been clear that while Israel has a right to defend itself, it must do so in a way that complies with international law, including the principles of proportionality and necessity. The Government would expect any alleged violations of international law in the course of military operations to be subject to a full, impartial and independent investigation by the State in question.

Asked by The Marquess of Lothian

To ask Her Majesty’s Government what discussions they have had with Hamas over the last three weeks regarding brokering a ceasefire with Israel.[HL1407]

Baroness Warsi: The Government’s policy towards Hamas is clear – the UK does not talk to Hamas, which is a proscribed terrorist organisation.

Asked by Lord Hylton

To ask Her Majesty’s Government what representations they have made to the government of Israel in respect of the current conflict in Gaza about (1) access for medical supplies and materials for the United Nations Relief and Works Agency water and sewage project, (2) verification of any ceasefires, (3) the use of the Dutch scanner at Kerem Shalom crossing-point, and (4) negotiations for the release of Palestinians arrested since mid-June.[HL1466]

Baroness Warsi: Officials from our Embassy in Tel Aviv have discussed the issue of access for medical supplies and materials for the UN Relief and Works Agency (UNRWA) with the Israeli authorities. They also have discussed with the Israeli authorities the release of prisoners, released as part of the Galid Shalit deal but then recently re-arrested during Operation Brother’s Keeper, as part of ceasefire negotiations. They have not discussed the use of the Dutch scanner at Kerem Shalom crossing-point.