• The #syriavote is not so simple really

    Like many people in the UK, I spent much of yesterday dipping into what was happening in parliament as a long debate took place as to whether this country should engage in military action against ISIL in Syria.

    I once had aspirations to be an MP and that always makes me wonder which division lobby I would have walked into when these moments of national drama take place.

    In this instance I am almost sure that I would have walked into the nay lobby – I’d have voted against extending military action in Syria.

    However, I don’t find this a simple question. It is far more complex than my twitter feed seems to be suggesting. And this morning I’m not rushing to add #notinmyname hashtags to everything. This is a case where I can see merit on both side of the question and I find that my gut reaction which is to be against military action is more pragmatic than ideological.

    I happen not to be a pacifist. I am not a pacifist because I think that sometimes there are evils that may need to be defeated by force. The obvious and classic example is that I think that the allied forces were right to be deployed to defeat Nazism. It was an ideology that threatened all of Europe with its evil. Some things are worth fighting against.

    It is my suspicion that ISIL is something worth fighting against that would have made me pause before casting a vote had I been in parliament last night. I find myself having sympathy with Hilary Benn who identified the threat from ISIL as being the fascism of the day. So many of the same themes emerge – death to the Jews, death to the gays, murderous sectarianism and a direct opposition to democracy. The fact that it now uses terrorism on Western streets and wickedly distorts Islam for its own ends shouldn’t blind us to the fact that we’ve seen fascism before and have believed it should be fought.

    And that’s why I can see that there’s a case for action.

    My problem is largely because I can’t see the action being particularly likely to succeed which is one of the conditions of using force in just war theory.

    I can’t really see that there’s a plan for post conflict rebuilding of Syria yet. I can’t really see how another two bombers will make that much difference – the Americans have been bombing ISIL targets for months and don’t seem to me to have solved the problem. It is inevitable that civilians will die in this action. It is difficult to believe that the action will meet the test of proportionality. I also don’t really believe that you can bomb ideas out of existence.

    And so I find myself believing action to be wrong for pragmatic reasons whilst believing that ISIL should be confronted for ideological reasons. And that would have given me a terrible dilemma has I been in parliament.

    Two things emerged yesterday which I found contemptible. Firstly the Prime Minister’s assertion that those who were against action were terrorist sympathisers. It was beneath the dignity of his office to make such a claim and he should have apologised. Secondly, those who are trying to co-opt this question for the sake of Scottish Nationalism. It should be beneath our dignity as the people of Scotland to co-opt this terrible decision for our local politics. Whether one likes it or not, Scotland chose to remain part of the UK and the UK parliament has made a decision. Being democrats means that sometimes we have to respect the democratic decisions that are made that we don’t like. That’s what being a democrat actually is. That means those who don’t like the result of the Scottish Referendum need to accept that the people of Scotland made an informed choice. It is our parliament that made the decision last night – a decision I happen to find it difficult to support. It is a parliament that the people of Scotland chose to remain a part of. Using ISIL to make cheap nationalist points in this country appals me. If we don’t accept democratic decision making (the referendum, the workings of parliament in which we are all represented etc) then we begin to lose the moral right to stand against the forces which rage against democracy wherever we encounter them.

    We encounter them in ISIL. The question at hand is how to oppose them.

    Last night I think that I would have voted against the government and against the use of force in Syria. However I would have done so with a heavy heart. It is just possible that after listening to the debates I might have voted with the government and for the use of force against the evils of ISIL. I would have done so with an even heavier heart though I would have done so hoping that if my own land was being conquered by fascists, then other countries would intervene.

    That’s why this issue is more complex than my twitter feed seems to find it.

2 responses to “Human Rights Petition”

  1. Steven Avatar
    Steven

    Kelvin

    I strongly agree with your sentiments and intend to sign the petition. As a practising barrister I can say that the incorporation of the Convention has had a hugely beneficial effect across society – especially in creating a rights aware culture amongst the judiciary.

    I have successfully relied on the Convention to (1) ensure that the state continues to support destitute asylum seekers whilst they are appealing an asylum support decision (2) prevent the removal of a mentally unwell Brazilian amputee who is awaiting further surgery in the UK (3) ensured that those detained under immigration powers are not held in “ordinary” prisons and (4) prevented the deportation of a Turkish national for a crime committed whilst a child. The Convention naturally “benefits” those on the edges of society – whose cause might be unpopular. That does not mean, of course, that it is unworthy. Quite the opposite.

    I have of course relied upon the Convention in cases which stretch the reach of the various articles. That is how the law develops. Judges do not embrace such claims uncritically. Unfounded and weak claims are rejected as such and so the public perception of an “out of touch” judiciary is misplaced. Thank God for the Judges who – if they were to follow the whims of public opinion would “string em up”, “bring back the birch” and “throw away the key”!

    The Human Rights Act 1998 still retains parliamentary sovereignty in any event. This means that Parliament can still introduce laws that are in breach of the Convention. All that a Judge can do when faced with such legislation is declare it to be “incompatible” and that is it. This may create political pressure (especially at a European level) but it means that the “Queen in Parliament” is still sovereign.

    In addition the HRA 1998 has become entrenched as an almost constitutional statute. Repeal or significant amendment would not create less litigation. On the contrary, as the Daily Mail might put it, lawyers would have a “field day” arguing about when a particular right ceased to exist under the ECHR in the UK and the extent to which rights survived repeal or amendment. It would create a legal mess, a constitutional back-step and a political nightmare.

    In fairness though a solicitor did ask me if they could bring a case to challenge a refusal by the police to allow a man more regular smoke breaks on the basis of his Convention rights (he was being questioned for murder)…I reminded the solicitor that the drafters of the Convention had in mind the ashes of Auschwitz when drafting the Convention and advised him to, as they say in Ulster, “catch yourself on!”

    1. kelvin Avatar

      Thanks Steven. It us really helpful to have your perspective and some concrete examples.

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