In a speech at the US state department last week, President Biden turned the war in Yemen from a forgotten crisis to front-page news. Since March 2015, a Saudi-led coalition, militarily and diplomatically backed by the US and UK in particular, has been involved in the conflict, which grew out of a failed political transition following the 2011 revolution.
The war has killed more than 100,000 people, destroyed much of the country’s infrastructure, subjected large swathes of the population to famine and generated the worst cholera outbreak since modern records began. All parties to the war have likely committed violations of international law.
Biden’s announcement of an end to “all American support for offensive operations in the war in Yemen, including relevant arms sales” has been widely welcomed as part of a US return to multilateralism and an active step to end the conflict. The news should be greeted with cautious optimism: the sense of relief that the US administration seems to be taking the humanitarian catastrophe in Yemen seriously is tempered by concerns about the policy detail and the memory that Joe Biden was vice-president under Barack Obama, who initiated US involvement in the war.
Changes in US policy will have significant ramifications for the UK, not least in the area of arms sales, which is one of the main ways the UK is involved in the war. First, the UK risks being isolated diplomatically as US policy becomes more focused on preventing the Saudi-led coalition from violating international law and as EU states continue to operate more restrictive arms export policies, most recently in Italy.
For a country so invested in its reputation as a leader in the rule of law, this is dangerous territory. The UK can continue on the path of supplying weapons, be castigated as an outlier and risk even greater criticism for putting the arms industry and relationships with the Saudi royal family above human rights and humanitarian law; or change course, restrict or halt arms transfers, and face further censure about the integrity of its policy up to this point.
Second, the US decision indicates that the sale of precision-guided munitions will be halted, which will have implications for UK industry. The CEO of Raytheon, one of the world’s largest arms producers, has stated that the company has removed a $500m deal from its books – widely understood to refer to the planned sale of Paveway bombs. Paveway IV bombs are produced in the UK by the British subsidiary of Raytheon, so any cancellation of US deals would probably mean a halt to UK exports. Ministers are no doubt involved in frantic attempts to figure out the implications of this for the UK arms industry.
Third, the US developments may well affect the course of justice in the UK. The Campaign Against Arms Trade has launched a second judicial review of UK arms export policy, challenging the government’s position that violations of international humanitarian law in Yemen are only “isolated incidents” and do not constitute a pattern. Depending on the reasoning behind and scope of changes to US policy, the UK government’s position may become even harder to sustain.
For these reasons, I think there are grounds to be somewhat hopeful that something will have to change in UK arms export policy, to restrict, suspend or halt transfers – including actual deliveries, not just licences – to the Saudi-led coalition. However, there are no guarantees in terms of the details and practical implementation of Biden’s announcement, and there is room for manoeuvre afforded by the qualifiers around what constitutes “offensive” operations and what the “relevant” arms sales are that will be cancelled.
The UK has its own record of playing with words while Yemen burns: take the corrections to the parliamentary record to amend what the government says it knew about the Saudis’ conduct in the war; the narrowing down of all potential breaches of international law in Yemen to only a “small number” and the implausible claim that they are only “isolated incidents”; or the endless repetition of the mantra that the UK operates a “robust” control regime. What we can expect is the government to come out robustly in defence of its own actions.
This behaviour is part of what has allowed the war in Yemen to continue for so long and so horrifically. UK policy is to assess whether there is a clear risk that arms transfers might be used in violations of human rights and humanitarian law: risk assessment is supposed to prevent the use of UK-supplied weapons in such violations. But the UK has applied its risk assessment in such a way as to facilitate rather than restrict arms exports. The government also points to the very fact that it conducts risk assessments as a way of legitimising and justifying further arms sales.
An end to US/UK arms sales to the Saudi-led coalition won’t end the war in Yemen by itself. But it could force a change by pushing the warring parties back to the negotiating table. As Radhya Almutawakel, the chair of the Yemeni organisation Mwatana for Human Rights, put it, all the parties to the conflict are weak in different ways such that none can “win” outright. In this context, the Biden announcement could be a catalyst for change.
The current strategy of the Saudi-led coalition and its western backers has not been working for a long time: the war has not made the Houthi rebel movement any weaker. The conflict won’t end overnight, but the principles of justice and accountability demand an end to arms sales now.
Source: US Politics - theguardian.com
