House of Commons - International Development

Select Committee on International Development Fourth Report

Refugee and international humanitarian law

40. Refugees are protected by the 1951 Convention Relating to the Status of Refugees. Internally Displaced Persons are protected by under aspects of International Humanitarian Law (IHL) and more general international law, codified in UN guidelines on internal displacement.[154] DFID's Head of Humanitarian Programmes Team told us that: "The High Commissioner for Refugees has written to all of the neighbouring countries to remind them of their responsibilities with regard to refugees and potential refugees. It is their responsibility".[155] But Iraq's neighbours may not be willing to accept the entire responsibility for the large number of refugees that a war is likely to produce. The Government of Iran has accepted Iraqi refugees in the past and is planning for another possible influx. But the extent to which its plan for refugees can be materialized will partially depend on the level of fulfilment of international commitments. The Iranian Government faces the continued presence of more than 2.5 million refugees from neighbouring countries and limited contributions from the international community have pushed Iranian resources to their limit. Iran is a signatory to the Refugee convention but this is not the case for all Iraq's neighbours. NGO representatives told us during oral evidence: "not all of the neighbours have signed the Refugee Convention... ...Syria, Jordan, Kuwait and Saudi Arabia have not, so clearly there are some big issues about who would allow people across the borders and what our stance would be not only as humanitarian agencies, but as concerned governments, if people were not allowed to seek refuge in neighbouring countries".[156] Dr Al-Sharistani of the Iraqi Refugee Aid Council commented that: "the stated policy of the Iranian and the Kuwaiti Governments that they will put up camps at the borders on the Iraqi sides and they would not like to see Iraqis move across the borders so they would not have to consider them as refugees".[157] We call on the UN to clarify with Iraq's neighbours their attitude to accepting refugees in the event of armed conflict, whether or not they have signed the refugee convention.

International Humanitarian Law

41. International Humanitarian Law attempts to limit the impact of military action on non-combatants and is largely based on the four Geneva Conventions of 1949 which have been ratified by the UK, USA and Iraq.[158] The 1977 Additional Protocols have some relevance but have not been ratified by the USA or Iraq. Those elements of IHL that are most relevant seek to enforce a distinction between civilians and combatants, and to direct hostilities only against combatants. Under IHL, forces are prohibited from making indiscriminate attacks, must distinguish between military targets and civilians and are obliged to take all precautions to ensure that targets are military, refraining from launching attacks that would have a disproportionate effect on civilians.[159] CARE International emphasised in its written evidence that: "international humanitarian law requires the warring parties to attend to the needs of civilians".[160] In the event of a post-war military occupation, the occupying force will have the primary responsibility for ensuring sufficient access to food and water for Iraq's civilians and this will undoubtedly play a part in defining the overall shape of any humanitarian response.[161] NGOs are concerned that governments are not adequately prepared to fulfil their responsibilities in this area but recent statements from USAID indicate that they are preparing to deliver on their responsibilities.[162] Although Clare Short told us that humanitarian considerations must be paramount, there are still concerns that this will not be the case.[163] Christian Aid's Roger Riddell said: "I am worried about a line of questioning which suggests we do the war and then worry about the humanitarian consequences afterwards. The Geneva Conventions require that those who engage in military activity focus on civilians right from the start".[164] Clare Short told the House that the: "simplistic view that we should get on with the war, after which my Department and a few people can clean up, is ill-informed. I and my Department have been fully engaged in trying to get the world to face the humanitarian risks and make preparations".[165] The Prime Minister told the House that there needs to be:"a humanitarian plan that is every bit as viable and well worked out as a military plan".[166] We fully concur, but have yet to be convinced that this is the case.