My Lords, I salute my noble friend Lord Alton for bringing the amendment forward in the style to which we have become accustomed, for he has always been a champion not just of the underdog but of those who are on the verge of death and torture. I rely on his description of genocide and that of my noble friend Lady Falkner. The definition is a complicated one and it is quite correct for the amendment to rely on the High Court to decide whether a country is guilty of genocide.
It is a sad day when we have to debate this, but the amendment is perfectly in keeping with the trade amendments that we have been discussing all day, because we can see the thread: morality and trade go together. The amendment is a very good example of that.
It is sadly no longer the case that genocide is something of the past. We have many modern examples of genocide or steps toward it: the Darfuris in Sudan, the Rohingya in Myanmar, the Christians in Nigeria, the Yazidis. We must now ensure that UK business and consumers do not support or profit from forced labour inflicted on the Uighurs in China. It is shameful that China is in such a position that it controls so many international organisations and enables itself to be free from any attack on its behaviour. That is what makes the amendment so important.
I quote Yehuda Bauer, an Israeli historian who himself escaped from a possible Holocaust and was able to get to Palestine in the days when the United Kingdom prevented most refugees entering Palestine. He said:
“Politics that are not based on moral considerations are, at the end of the day, not practical politics at all. It is out of these considerations that I beg you to permit me to repeat here what I said, exactly eight years ago, in a speech to the German Bundestag: I come from a people that gave the Ten Commandments to the world. Let us agree that we need three more commandments, and they are these: thou shalt not be a perpetrator; thou shalt not be a victim; and thou shalt never, but never, be a bystander.”
He writes in a new book:
“I can no longer bear the speeches void of content and packed with clichés of presidents, prime ministers, rabbis and others … What does it actually mean to say ‘Never again’ when genocides keep recurring? It’s just an empty slogan.”
We are learning that in this country. Holocaust remembrance is a major event every year, but building monuments will not do it. There are countless memorials around the world to genocide and atrocities, but they do not help the victims or teach other countries to change their behaviour. We cannot block China because of the unfortunate structure of the Security Council.
Some people say that we will at least be able to bring the perpetrators to justice, but the number of trials before international tribunals is actually quite small. Yes, there was the Nuremburg tribunal. A Japanese war general was put on trial. Tokyo war crimes were tried. There was a tribunal for the former Yugoslavia, for Rwanda and for Cambodia, and the trials of Saddam Hussein and Charles Taylor. But they are ex post facto: the murders and genocide happened before the trials. It is too late for those who died. There is no indication that the punishment of a trial awaiting them has deterred mass killers.
Moreover, the International Criminal Court does not have universal jurisdiction and its stances are partial. Indeed, President Trump gave an executive order in June threatening consequences against anyone who supported this court. There is now a perception in many quarters that the International Criminal Court has not fulfilled the expectations of its founders. The court’s proceedings are cumbersome and lengthy. Many of those accused are still at large, including Omar al-Bashir, the former President of Sudan. Some €1.5 billion have been spent, and there have been only three convictions for core international crimes. Cumbersome procedures, ineffective prosecutions against high-level alleged perpetrators and weak internal management are among the current criticisms of the International Criminal Court.
We are therefore left with nothing else that we can do apart from taking in refugees and supporting this amendment. I wish that there were mechanisms for going into the countries of the accused and rescuing those who are suffering from genocide or coming near to it, but it seems that we cannot do that. Supporting this amendment and perhaps hitting them where it hurts, which is in trade, is the only thing we can do. I cannot see any reason for the Government not to accept it. I support both of these amendments wholeheartedly.