Mourners carry the body of a father killed by a drone strike in Gaza. Photograph: Getty Images
Show Hide image

Drone attacks go against every human rights principle in the book

There is a sense that international law has failed.

It has for centuries been lawful to kill enemy commanders, on the principle that “a man who is dead renews no war”, a thought that comforted Cromwell as he viewed the body of Charles I. The outcry in the 1970s over comical CIA plots to murder Fidel Castro by sending him exploding cigars and poison pens led Congress to ban political assassinations under Executive Order 12333: “No person employed by or acting on behalf of the United States government shall engage in, or conspire to engage in, assassination.” This comports with the Fifth Amendment to the US constitution, which protects “any person” (not just US citizens) from being “deprived of life . . . without due process of law”.

Until 9/11, the legal position was clear: in war, active combatants could kill and be killed, subject to rules governing surrender, use of banned weapons, etc. But “war law” applied only to conflicts between armed forces of opposing states, invoking the right of self-defence. Confrontations with insurgents, rioters and terrorists were governed by human rights law, which requires state use of force against serious criminals to be reasonable in the circumstances. This is more restrictive – after three IRA bombers were shot dead on Gibraltar in 1988, the European Court held that the UK had denied them the right to life because MI5 had jumped to mistaken conclusions. In the case of known members of terrorist organisations, the “reasonable force” requirement exercises a necessary and humane restraint over the trigger-happiness of “special forces” and drone targeters. This is why the US, Russia and Israel pretend they are bound only by the law of war, which allows suspects to be killed without much compunction.

The states that deploy drones argue that they are operating under war law, where human rights are less relevant. As Harold Koh, legal adviser to the US state department, puts it: “The US is in an armed conflict with al-Qaeda . . . and may use force consistent with its inherent right to self-defence . . . including by targeting persons such as high-level al-Qaeda leaders who are planning to attack us.” This bald statement prompts many questions. How can you have “an armed conflict” without an enemy state? What criteria are used for putting names on the secret death list: is it enough to be sympathetic to terrorism, married to a terrorist, or anti-American? To provide shelter or give funds to terrorist groups? What is the required degree of proof? There are no accountability mechanisms – no inquests, sometimes not even a casualty list (although the US usually announces and celebrates when it hits a “high-value target”).

In drone warfare, there is no fairness or due process to enable the potential victim, his relatives or any outside body to challenge the accuracy of the information on which the targeting decision has been made. The Senate foreign relations committee reported in 2009 that the Pentagon’s approved list of “prioritised targets” contained 367 names and had been expanded to include 50 Afghan drug lords suspected of donating money to the Taliban. Suppose the suspicion was unreasonable, or the donation had been at gunpoint, or of a negligible amount? What the Pentagon is doing is secretly sentencing people to death for an unproven crime.

The Israeli Supreme Court is the only tribunal to have confronted the legality of targeted kill­ing, at a time (2008) when 234 victims had been members of Hamas and a further 153 had been civilians who got in the way. The court contented itself with comments about limiting the targets to dangerous terrorists and issued Polonius-like precautionary precepts: “well-based information is needed”; “innocent civilians are not to be harmed”; “careful verification is needed before an attack is made”. In reality, innocent civilians very often are killed, and “verification” always seems careful to the minds of the targeters.

Israeli officials seem morally content to risk civilian lives: after a one-tonne bomb was dropped on Gaza City in 2002, killing many civilians in order to assassinate the Hamas military leader Salah Shehadeh, an inquiry merely noted “shortcomings” in evaluation of information. This was a case of manslaughter by gross negligence. The CIA’s anxiety to kill the al-Qaeda leader Ayman al-Zawahiri led to a drone attack in 2006 on a village in Pakistan where he was mistakenly thought to be hiding, and 18 civ­ilians were killed. There was no explanation, no accountability and no compensation for what the CIA calls a “decapitation strike”.

Koh says that drone strikes are an exercise in self-defence under Article 51 of the UN Charter. But Article 51 applies only to attacks (or imminent attacks) by other states, not by terrorist groups. Nobody has yet noticed the irony of squeezing terrorism into this war-law paradigm. Because the Geneva Conventions and customary rights must apply to terrorist and law enfor­cer alike, if it is lawful to kill Osama Bin Laden, al-Zawahiri and Hamas commanders, then it must be lawful for them to kill their opposite numbers – Barack Obama and Binyamin Netan­yahu, generals, allies. (Even the Queen, as head of a co-belligerent state, may qualify.) Those who take the lives of innocent civilians in order to spread terror deserve to be treated like dangerous criminals and shot down when necessity requires, not dignified in law as if they were warriors matched in combat with great states.
What is the position under human rights law? It would obviously be a breach of the right to life if terrorist sympathisers were targeted to deter others, or killed in circumstances where it was possible to arrest them. It would be reasonable to kill terrorists on missions to blow up civilians, or engaged in conspiracies to kill them. But the record of drone attacks demonstrates that often individuals are targeted when they constitute no clear or present danger.

Drone killings in tribal areas of Pakistan and in Yemen have taken the lives of targets who are armed and in conspiratorial meetings, but others have merely been attending weddings or funerals or emerging from hospitals or mosques. In Pakistan, there have been cases where pro-government leaders, their families and even army soldiers have been killed by mistake in drone attacks that have severely damaged US relations with a politically tense, nuclear-armed nation that is not at war with the US.

There was little protest in the US until last year, when a drone strike in Yemen targeted a US citizen, Anwar al-Awlaki, rumoured to be al-Qaeda’s leader in that area. The rockets were fired at his pick-up truck, in which he might have been picked up rather than bombed. Obama’s lawyers said that the Fifth Amendment could not avail a US citizen who joined an enemy force. This is correct as far as it goes, but the Fifth Amendment must entitle a citizen or his family to know whether he is on a death list and to apply to have himself taken off it. When al-Awlaki’s father sought judicial review, the judge told him he did not have standing. If a father does not have standing to challenge a targeted killing, who does?

The Obama administration seems to have given the CIA carte blanche to choose targets, subject to the approval of Koh, a law professor, now an executioner. Those who press the Hellfire buttons in Nevada do not pause to consider whether their targets are engaged in combatant missions or not. But there is no point speculating about the criteria for listing or executing: these are secret CIA prerogatives, beyond the jurisdiction of the courts or the provisions of the Freedom of Information Act.

The battlefield utility of drone technology is such that it will be used widely in future conflicts, and by states much less scrupulous than the US and Israel (Syria and Iran, for example). Drones will become more compact, and more difficult to detect or shoot down – already there are plans for bird- and even insect-sized drones, capable of crawling inside homes or squatting on window ledges to listen and send “kill” messages to their bigger brethren without any “pilot” in Nevada pressing a button.

There is an urgent need for the US to make its drone operations more principled, first, by moving responsibility from the CIA to the department of defence, which is more accountable and bound by the Geneva Conventions. Second, there must be transparency in respect of both the target list and criteria for listing, and an opportunity for those listed to surrender or seek judicial review of whether the evidence against them proves they are an active combatant. Third, rules of engagement must exclude any killing if civilians are likely to be present, and finally, rules must prevent killing of a target who can be captured or arrested.

There is a sense that international law has failed: the UN Charter, the conventions and the norms of the courts have not provided satisfactory guidance for waging asymmetric warfare. Hence the silence of states and the recent earnest request, by the UN’s human rights commissioner, for urgent clarification of the law. The way forward may be to find a way back, to reasonable force and proportionality. At present, many drone killings can only be described as summary executions – the punishment of the Red Queen (“sentence first, trial later”), which denies the right to life, the presumption of innocence and the right to a fair trial.

Geoffrey Robertson QC’s full legal analysis of drone warfare is in his fourth edition of “Crimes Against Humanity” (Penguin, September 2012). Also in the New Statesman's Drones issue: Chris Woods on the legality of drones, Jemima Khan's interview with former Pakistani president Pervez Musharraf and Michael Brooks on the science that makes drones work

This article first appeared in the 18 June 2012 issue of the New Statesman, Drones: video game warfare

LAURA HYND FOR NEW STATESMAN
Show Hide image

Rebel with a realist cause

Michael Winterbottom, Britain’s busiest film-maker, discusses cinema, social mobility and how we are returning to the 19th century.

In the early 1960s, Lindsay Anderson was enjoying the power and esteem that he had always thought the English would be too philistine to grant him. His Free Cinema movement, launched in February 1956 with a series of modest, hand-held documentaries and a strident manifesto, had mutated into “kitchen-sink realism”, a series of popular feature films that included Tony Richardson’s Loneliness of the Long Distance Runner, Karel Reisz’s Saturday Night and Sunday Morning and his own This Sporting Life. Anderson seemed dangerously close to becoming the  leading spokesman of mainstream British cinema. But then, as he recalled, “Realism gave way to the myth of Swinging London. The Americans, God bless them, put up a lot of money and the British made a lot of bad films.”

When, bored and broke, the Americans went home, taking many of his colleagues along with them, Anderson stayed behind. He made if . . ., which won the 1969 Palme d’Or at Cannes, and a sequel, O Lucky Man!, and then – nothing. For most of the 1970s, British cinema was virtually an oxymoron. But when the industry came back to life at the start of the next decade, with GandhiChariots of Fire and the formation of Channel 4 Films, he refused to celebrate or capitalise, preferring to tut and clutch his brow.

In November 1985, the month when his former protégé Stephen Frears first startled a general British audience with My Beautiful Laundrette, which updated kitchen-sink realism with new causes (multiculturalism, gay rights) and villains (Thatcher, the National Front), Anderson was making gentle progress on a backward-looking endeavour – a television documentary about Free Cinema, to form part of an initiative he despised called British Film Year. A born dawdler, equally petrified of success and failure, he was having trouble with the stills and inserts. “I finally get the operation organised,” he wrote in his diary, “by insisting that the attractively cherubic Michael Winterbottom be my assistant.”

When I spoke to Winterbottom last year, he told me, “Lindsay Anderson was a director I really admired and I wondered why he had made so few films. Then I met him. There was a lot of messing around” –bickering, procrastination, mischief. And perfectionism: “Even on the Free Cinema documentary, he ended up reshooting ­everything.” Winterbottom wanted to emulate Anderson’s work – the intransigence, the looseness – but he realised that in order to follow those examples and still have a career, he needed to make peace with prevailing industrial conditions and devise a plausible, even hard-nosed working method.

Three decades later, he is constantly in work. Alongside Frears, he is Britain’s busiest film-maker. At any given moment, he occupies two or more points in a process that goes something like: development, financing, casting, filming, editing, festival circuit, domestic release. But where Frears has graduated to working with Hollywood studios, Winterbottom relies on independent financing and employs a no-fuss, often hand-held, digital shooting style. David Thompson, the former head of BBC Films who is now an independent producer, told me, “Michael pioneered a way of working that we tried and failed to get other directors to adopt: if you can’t get the crew in a minivan, then you’ve got too many people.”

The results so far have included 24-Hour Party People, a comedy about the Manchester music scene that captured Winterbottom’s own philosophy of productive chaos, and 9 Songs, in which a climatologist recalls a relationship through nights at rock concerts and uncensored days in bed. Winterbottom’s most recent film, The Emperor’s New Clothes, a documentary about inequality, presented by Russell Brand, was his 28th. And that doesn’t include The Trip, the BBC2 comedy series starring the comedians Steve Coogan – a Winterbottom regular – and Rob Brydon, which was released outside Britain as a pair of films, The Trip and The Trip to Italy: to date, his only sequel.

***

Working alongside the producer Andrew Eaton, Winterbottom has established an atmosphere of rigour and determined focus that allows him to take risks. Eaton, who has known Winterbottom for more than 30 years, told me that “no other director comes to set with such a strong sense of what he’s trying to get combined with a complete openness to what could happen in the day”. When Winterbottom was making the family drama Wonderland in the late 1990s, he took his skeleton crew into London bars that were open for business. Punters became extras. “The people in a place are so much part of the environment,” Winterbottom said. “We were trying to get a different texture, to let the characters interact with the real world.”

Winterbottom and I were having breakfast in a London hotel restaurant. When I arrived, he had just finished a television interview about The Face of an Angel, a rumination on the Amanda Knox trial starring Daniel Brühl and Cara Delevingne, which opened in 2014 to baffled reviews. Winterbottom, who turns 55 in March, still looks like a cherub, but a cherub going grey at the sideburns. He is affable, even happy-go-lucky, but also remote – withdrawn. His gaze carries a slight air of wistfulness, as if he is distracted by some opportunity five yards beyond your shoulder. And though he talks very quickly, he is a specialist in prevarication and reversal. Assertions are parried, questions dodged. But when he’s comfortable, he’s fluent.

Winterbottom continued to tell me about the thinking behind Wonderland, which many consider his greatest film. He compared it to Notting Hill, which was being shot further west around the same time. “As soon as you go in and control everything, you’re destroying the essence of what London is. If you want to catch what normal life is like, you have to work in quite a small way, a hand-held way, in real places.”

Yet Wonderland is never dowdy. Shots of, say, an average night at the Slug and Lettuce or the bingo hall, or yet another frustrating afternoon at Selhurst Park, are offset by the lithe, buzzing images (a 16mm negative blown up to 35mm), the restlessly inquisitive editing and Michael Nyman’s soaring symphonic score. The result far exceeds anything made during the kitchen-sink period in the breadth of its humanism and the range of its social portraiture, and deserves to be recognised as one of the great achievements of British cinema.

The Scottish actress Shirley Henderson said that working on Wonderland, the first of six collaborations, wasn’t like being on a film set, with “caravans” and co-stars. “You were just waiting on a pavement somewhere.” To help Henderson research her role as the working-class Londoner and single mother Debbie, one of three troubled sisters, Winterbottom sent her on what she called “errands”: going clubbing in character, or visiting the sort of hairdresser at which Debbie worked. Henderson added the details garnered on these field trips to a screenplay, written by Laurence Coriat, that was treated as far from sacrosanct. Speaking generally of her work with Winterbottom, she said: “You know the lines – and you might get to say them, you might not. He might run the scene another five minutes after your lines are finished.”

I asked Henderson how Winterbottom’s toss-the-script-aside approach compared with the process favoured by Mike Leigh, who directed her in Topsy-Turvy. With Leigh, she said, “You improvise for hours to find a honed scene that you shoot the next day. With Michael, it’s a quicker process. You don’t rehearse as such. You’re improvising on film. If he’s not got enough, he’ll just go again and again and again.” At breakfast, Winterbottom, who recoils from analysis, defined his ambitions with a shrug: “Try to keep it simple, get as close to the characters as possible, encourage actors to be spontaneous.”

Wonderland was Winterbottom’s sixth feature film and marked a breakthrough for him, in particular a turn away from the professionalism of Welcome to Sarajevo, his polished, starry account of TV journalists covering the Bosnian War, in favour of a realist aesthetic. He told me that he doesn’t see himself as part of any movement – “What, like Free Cinema? No, no” – but his desire to find an alternative to conventional dramatic narrative connects him to a loose group of artists and writers intent on bringing more “reality” into their work. Prominent among them are the authors David Shields, who mentions Winterbottom in his manifesto Reality Hunger, and Karl Ove Knausgaard, whose My Struggle series Winterbottom has been reading (“I’m very impressed”). But where Shields and Knausgaard have turned away from the novel in favour of more direct, less dissembling forms such as the memoir and the essay, Winterbottom’s desire to get as far away from artifice and as close as possible to hectic, complex, undramatic life has resulted not in a choice of one form that solves all the problems but a sensibility that he brings to a range of genres.

Winterbottom’s war against tidy artifice has taken various forms. Sometimes it is built in to a project’s conception: he made 9 Songs because he thought that his previous love story Code 46 had been timid in the way it presented sex. It has determined his approach to source material. When he was adapting Thomas Hardy’s Tess of the d’Urbervilles as Trishna, he combined the roles of the “spiritual” Alec and the “sensual” Angel because, he told an interviewer, “most people are a combination of both”. But with Jim Thompson’s novel The Killer Inside Me, he took the opposite approach: he found Thompson’s portrait of psychosis so complete, so convincing, that he treated the book “like the Bible”.

Winterbottom’s widely acknowledged formal innovations are a means to an end. I mentioned the editing in his 2008 film, Genova, which constantly prevents exchanges and encounters from settling down into a set piece. He dismissed the idea that he was consciously experimenting. “When you’re making a film, you’re worried about the specifics of what you’re trying to do and then building out from that,” he said. The starting point of Genova is the dynamic between the dad and the two daughters. “I have two daughters [from his 13-year relationship with the teacher and novelist Sabrina Broadbent] and one aspect of the film, like with Wonderland and London, was to portray a relationship that I would recognise. The aim was to not make it dramatic, because your relationships at home aren’t very dramatic.”

***

In his diary, Lindsay Anderson – who often quoted the ancient maxim “Character is destiny”– marvelled at Winterbottom’s ability to attend to things that mattered and ignore the things that didn’t. Where Anderson was an idealist and a perfectionist, Winterbottom was “wholly unsentimental” – “conscientious” in tracking down stills, his assigned task, but “quite happy to absent himself from crucial, if routine stages of finishing”.

It was partly a product of breeding. Where Anderson, scarred by boarding school, loved to defy those with power (having a private income helped), Winterbottom attended the local grammar school in Blackburn and grew up in kitchen-sink territory; a scene in John Schlesinger’s 1962 film A Kind of Loving was shot at the factory where his father worked. When he was a teenager, his favourite book was Jude the Obscure, Hardy’s novel about a farm labourer who dreams of going to Biblioll College, Christminster. Winterbottom made it to the real-world version – Balliol College, Oxford – where, in a desultory, distracted way, he studied English. (In 2012 he returned to Oxford to become the first Humanitas Visiting Professor in Film and Television.)

Winterbottom likes to say that he’s simply attracted to good stories and interested in the same things as “everybody else”, but The Emperor’s New Clothes, which came out in April last year, emerged from his personal history. A product of grammar schools and grants, he considers himself a beneficiary of the “social mobility and access” that burgeoned after the Second World War. (He campaigned for Jack Straw in Blackburn in 1979.) “The idea that to be ‘modern’, you need an unregulated free market that helps the rich get richer is bullshit,” he said, adding that its widespread acceptance has been “one of the triumphs of that ideology”. He continued, “We had a phase of about fifty years where what was ‘modern’ was the idea that things will get fairer – there will be a narrowing of the gap, maybe not in a radical way, but at least a general trend in that direction.

“It’s fairly hard to believe that we used to collectively own the water, gas, coal, trains, telephone. People were being taxed at 98 per cent on unearned income, 83 per cent on earned income. Instead, we’ve returned to the 19th-century idea that if you’re born poor, you’re going to stay poor.”

After his English degree, he completed a one-year course in film-making in Bristol. Then he needed a job.

“There was no way I would have been able to hang around and do ‘internships’,” he told me. “I became a trainee assistant film editor at Thames Television” – which is how he came to work for Anderson and where he was given his first professional directing job, on a pair of documentaries about the Swedish director Ingmar Bergman, from whom he learned that if you establish fruitful partnerships and retain a clear sense of what you’re trying to achieve, film-making is “not that hard”. (Bergman may have been “just as complicated psychologically” as Anderson, “but when it came to the work, he was disciplined”.)

In 1993, after the Bergman documentaries and then a run of commissions in television drama, including the opening episodes of Jimmy McGovern’s ITV series Cracker, Winterbottom was itching to make his first feature film. Frank Cottrell Boyce, a friend from Oxford, had written a script entitled Delirious, about car thieves in Liverpool, but it was failing to attract a backer, so they moved on to a new idea: another crime thriller set in Lancashire, but with a difference – it could be done cheaply, with money cobbled together from public funding bodies. “All our anger and frustration about not making the other one went into it,” Winterbottom recalled. “We did it for nothing. It was a very stressful phase. And that was Butterfly Kiss” – in which a pair of chalk-and-cheese lesbians cause havoc on the M6.

In Icons in the Fire, an attack on “practically everyone in the British film industry”, in which Winterbottom is one of the few heads spared, the critic Alexander Walker recalled his surprise when the director followed up Butterfly Kiss with a “period drama”. But Jude – the first of Winterbottom’s three Hardy adaptations – was fast-moving and stark, not at all Merchant-Ivory. After Jude, there came, in swift succession, “Bosnia war reportage, period western, East End soap opera, Ulster social comedy, glam-rock clubland, overland asylum-seeking” – the films in question being Welcome to SarajevoThe ClaimWonderlandWith or Without You24-Hour Party People and In This World. (Walker forgot I Want You, which should probably be characterised as Hastings psychosexual noir – still, somehow, a genre of one.) “Bewildering,” Walker concluded: “at the same time, curiously courageous for a British director.”

***

Winterbottom has continued in this bewilderingly courageous way, combining speed with variety, adding to his genre hoard and keeping the operation small. While former collaborators such as Rachel Weisz and Kate Winslet have been starring in globetrotting thrillers and 3D blockbusters, or, in the case of Christopher Eccleston, David Tennant and Peter Capaldi, playing Doctor Who, Winterbottom has carried on telling intimate tales about what he calls “home, family, things like that”; among them Everyday, a drama about a struggling mother (played by Shirley Henderson) that was shot over five years. Where his near contemporary Danny Boyle went off to make Slumdog Millionaire, Winterbottom made Trishna, an Indian adaptation of Tess, described by its star, Freida Pinto, who was also the lead actress in Slumdog, as “a hardcore independent project”.

Generally, his dealings with the US have been marked by resistance. On its release in 1997, Harvey Weinstein’s company Miramax distributed Welcome to Sarajevo – even screened it at the White House for Bill Clinton. But when Weinstein offered Winterbottom $1.5m to direct Good Will Hunting the director said the script wasn’t good enough. It took him months of conversations with the novelist John Irving to reach the same conclusion about another Miramax project, The Cider House Rules. (Each film won an Oscar for its screenplay.) Winterbottom didn’t make a film on American soil until 2009, when he went to Oklahoma to shoot The Killer Inside Me, a thriller whose violence against female characters prompted outrage and earned him a nomination for the Sexist Pig Award from the Alliance of Women Film Journalists. (He lost out to Mel Gibson.)

On two occasions – both before the sexist pig accusation – he had been approached by women bearing offers too good to refuse. In 2004 Angelina Jolie brought him A Mighty Heart, an adaptation of Mariane Pearl’s memoir about her husband, the murdered journalist Daniel Pearl. Then, a few years later, Naomi Klein approached him to make an archival documentary based on The Shock Doctrine, her book about disaster capitalism. (Klein later changed her mind about the format – she wanted something more topical and responsive – and the film was made without her input.) But on the whole, the ideas for Winterbottom’s films have emerged from Revolution Films, the production company he started with Andrew Eaton in 1994.

In 2001 Winterbottom and Eaton were developing a project about illegal immigrants but couldn’t decide on a starting point. Then the 9/11 attacks happened, and within a few weeks Winterbottom and the writer Tony Grisoni were wandering around a refugee camp in Peshawar, looking for young Afghan men willing to play a version of themselves and do the trip to London for real. (“I thought it was going to be in English,” David Thompson, one of the executive producers of the film that emerged from the trip, recalled. “I was somewhat surprised when it came back in Pashto.”)

The year 2003 marked the high point of Winterbottom’s acclaim. In February, barely a year after Winterbottom had touched down in Peshawar, In This World – the asylum film’s eventual title – was accepted to show at the Berlin International Film Festival, where it won three prizes, including the Golden Bear. When it was released in Britain, the critic Sukhdev Sandhu, who was born in 1970, called it the best British film of his lifetime. Soon afterwards, Winterbottom appeared in a Guardian critics’ poll of the best directors currently practising. The citation announced: “British cinema would be lost without him.”

Peter Bradshaw, the Guardian critic who wrote that citation, has been less impressed with the films he has made in the past decade. “It’s all very good letting narrative and all those traditional things go hang,” he said recently, “but it does make for a rather miscellaneous experience in the cinema.” He described the films’ “rough-and-ready quality”, which he identifies in all Winterbottom’s recent work except for The Killer Inside Me and The Trip, as “more lax than loose”, and added: “I often wonder whether he’s thinking about the next project.”

Eaton identifies misunderstanding in both criticisms. To the idea that Winterbottom’s work since around Wonderland has been lax or slapdash: “Do you have any idea how hard it is to make stuff as natural as that, to have that flow?” To those who say Winterbottom makes too many films: “If Michael was a plumber, and you asked him to do work on your house, he wouldn’t say, ‘Oh, I’m far too creatively exhausted, I couldn’t possibly do it.’ It’s just the next job.”

Thompson offered a more matter-of-fact reflection. “That’s just the way he works –he does these things in a white heat,” said. “He’s finished them before you realise he has shot them. It’s like writing a song. Some film-makers spend two years fiddling with a film. Michael would go crazy. And I don’t think the result would be any better.” (Bradshaw conceded that “part of his mojo is to keep moving – something we critics don’t understand”.)

Thompson added, “Some of his films work better than others – he knows that.” In 1997, when he had made four films, ­Winterbottom reflected on the benefit that Ingmar Bergman derived from a hefty back-catalogue: “There’s actually enough volume that if he does a comedy that doesn’t succeed, it’s merely a blip in the overall work.”

***

A few days after I first interviewed Winterbottom, I went to the Revolution Films office in Clerkenwell, central London, to meet Melissa Parmenter, the composer who is now his regular producer (Eaton serves as an executive producer). Parmenter has a fondness for rhyme: “totes mahotes”, “okey-dokey”, “good plan, Stan”. Instead of “meltdown”, she says “granny panic”. She described Michael Nyman’s music for Wonderland, not inaccurately, as “an insane score – the best score ever”.

At first, Winterbottom and Parmenter, who live together and have a four-year-old son, seem an unlikely partnership. Where Winterbottom can be evasive, perhaps defensive, Parmenter is open and unguarded. She seems clearer about who Winterbottom is than he is. She is also more outwardly passionate. During my talk with Winterbottom, he used the word “love” twice – about Nyman’s music and Robert Altman’s McCabe and Mrs Miller. Parmenter, by contrast, said she “loves”, among other things, The Killer Inside MeGenova, “the melancholy bits of The Trip to Italy”, Nyman, and “the fact that Michael does what he wants”. But under the Noughties colloquialisms and granny-panic veneer, Parmenter is grounded and – to use a phrase that she might – on it, a total convert to Winterbottom’s heads-down ethos. She resembles her own description of Tracey Emin, whose 2004 film Top Spot she produced: “She looked like she had no idea what she was doing, but she knew totally what she was doing.”

“We make quite different films,” she told me. “It’s weird. What’s Michael’s most commercial film? But he doesn’t aim for that. He just makes what he wants to make.”

I asked Parmenter why he is so good at winning permission to do that. “Well, the idea of all his films is interesting. I mean, Road to Guantanamo: who wouldn’t want to see the story of the Tipton Three? It’s got to be made. Or 9 Songs – we’re going to show real sex. Filming Everyday over five years – that’s an amazing idea. We went to Tessa Ross at Channel 4 and said, ‘We’re going to film these people doing nothing.’ She said, ‘Here’s £1.1m. Bye!’ Obviously we reported back to them.”

It must help, I said, that there hadn’t been any disasters.

“That’s down to Michael. He’s so aware of all levels of the film-making process. He’s got his fingers in all the pies. It gets a bit much sometimes. [As Winterbottom told me, “When you’re a director, everything that happens is kind of your fault.”] But if you’re doing a small film, you can’t say, ‘Actors aren’t allowed trailers’ – if there’s a trailer even anywhere near, he goes mental – and then turn around and say, ‘I don’t want to know anything about the budget.’”

When I caught up with Winterbottom last summer, he expressed some frustration that The Emperor’s New Clothes – the documentary with Russell Brand – hadn’t been shown more widely, and that The Face of an Angel – the Amanda Knox drama– had been rounded on by British critics. Yet it was clear that his heart wasn’t really in it: both films were well on their way to becoming past obsessions. He’d been up at 6.30 that morning, doing rewrites for a new project, Russ and Roger Go Beyond, a comedy starring Will Ferrell, about the making of Russ Meyer’s camp musical Beyond the Valley of the Dolls. (I asked if Ferrell was someone he knew socially and he replied: “No, strangely not.”) Although the script originated in Hollywood and the production, based in Los Angeles, would almost certainly involve trailers, Winterbottom talked about Russ and Roger less as a necessary commercial compromise (“the money isn’t vastly better”) than as a much-needed break. He reminded me that “developing a film from scratch comes with a burden of effort”.

Still, it turned out that his heart wasn’t really in that one, either. Just before the end of the year, he quit. Someone muttered something about creative differences. Burdensome or not, it seems he prefers success – and failure – on his own terms: working under the Revolution banner with a small, familiar crew and room for improvisation with actors he calls friends. It is said he’s getting ready to shoot The Trip to Spain.

Leo Robson is the New Statesman’s lead fiction critic

Leo Robson is the lead fiction reviewer for the New Statesman.

This article first appeared in the 28 January 2016 issue of the New Statesman, Should Labour split?