HC Deb 20 May 1999 vol 331 cc1210-2
32. Mr. Tam Dalyell (Linlithgow)

How many cases he has been involved in within the jurisdiction of the International Court of Justice at The Hague in the last 12 months. [83879]

The Attorney-General

I represented the United Kingdom on 10, 11 and 12 May in proceedings brought before the International Court of Justice by Yugoslavia against the United Kingdom and nine other NATO States. My hon. Friend asked about cases "within the jurisdiction" of the ICJ. The question whether the Court has jurisdiction over Yugoslavia's claims against the UK and the other defendants is one of the central issues that the Court has to determine.

I have also followed developments in the case brought by Libya against the United Kingdom and the United States arising from the tragedy over Lockerbie in 1988, but I have not myself been directly involved before the Court in that case.

Mr. Dalyell

As cluster bombs are not very different from landmines, on which there has been international legislation—much to the credit of this Government—has anything been said about the legality of the use of cluster bombs? In particular, was either the Solicitor-General or the Attorney-General consulted about the dropping of cluster bombs on the centre of the city of Nis? Was either of them told of the proximity of a hospital in Belgrade to a target before permission was given, on the legal basis on which I understand they are consulted, for the attack to go ahead, with the tragic resulting death of patients?

The Attorney-General

The matters that my hon. Friend raises are matters for my right hon. Friend the Secretary of State for Defence. I confirm that I have offered advice to colleagues in relation to some of the legal issues that have arisen during the process of approving targets for attack by UK forces. I am unwilling to be drawn further. I am confident that the Government and UK forces act in accordance with international law. Legal advice is available at every level of the process of approving targets for attack.