§ LORD ADDISONMy Lords, may I ask His Majesty's Government if they have any statement to make regarding the shackling of prisoners of war in Germany?
THE LORD PRIVY SEAL (VISCOUNT CRANBORNE) (Lord Cecil)My Lords, as the House is aware, on the 11th February last my right honourable friend the Foreign Secretary told the House of Commons that a communication had been sent on that day to the Swiss Government with the request that the views of His Majesty's Governments in the United Kingdom and in Canada on the question of shackling set out therein, should be conveyed to the German Government. The reply of the German Government has recently been communicated to His Majesty's Governments, through the same channel, and I think that noble Lords will wish to know the present position.
The Geneva Convention lays down generally that prisoners of war roust be humanely treated, and the point at issue between His Majesty's Governments and the German Government is what constitutes such treatment. The Geneva Convention does not attempt to define "humane treatment" and lays down no rule about the shackling or binding of prisoners during operations. The German Government assert that they will renounce the measures taken against our prisoners only on receipt of an assurance that instructions have been issued to our Forces forbidding the binding and shackling of German prisoners in any circumstances whatsoever. We informed the Swiss Government in the communication sent on the 11th February—and they in turn informed the German Government—that instructions had been issued to our Armed Forces to ensure that all ranks should be acquainted with, and observe, the terms of the Geneva Convention, and that in 306 those instructions it had been made clear that a general order to bind prisoners is illegal and that the issue of any such order is strictly forbidden. The instructions, however, went on to say that circumstances may arise in which the binding of prisoners may be necessary and may indeed be in the best interests of the prisoner himself. It is the duty of a prisoner, during operations, to try to escape and to impede his captors, who must, of course, prevent such action. In such circumstances binding, which must be carried out in a humane manner, is permissible always provided that it is discontinued as soon as immediate operational necessity allows.
These views were duly communicated by the Swiss Minister for Foreign Affairs to the German Government, who have now replied that our prohibition in principle of shackling is made illusory by the above reservation of circumstances, and they therefore insist on compliance with their earlier demand. His Majesty's Governments have observed, and will continue scrupulously to observe, not only the terms but also the spirit of the Geneva Convention, Article 2 of which lays down that prisoners of war shall "at all times be humanely treated and protected." I should perhaps add that that Article of the Convention, of which Germany was a signatory, also provides that "measures of reprisal against them are forbidden."
May I, in this connexion, remind the House that on December 7 last the Swiss Government suggested, both to the German Government and to the Governments of the United Kingdom and Canada that, "without prejudice to the matters in dispute" and in order to "terminate a state of things manifestly contrary to the principles of humanity," all prisoners in their hands should be freed from their shackles at an agreed hour on December 15? Your Lordships will recall that, as evidence of their desire to respond fully and promptly to the spirit of the Swiss proposal, the Governments of Canada and the United Kingdom gave orders that German prisoners in their hands who had been shackled should be freed from their bonds on December 12. The German Government continued, however, to shackle our men. His Majesty's Government in the United Kingdom are considering, in consultation with Dominion Governments, the terms of 307 the reply to be made for the information of the German Government to the Swiss Minister for Foreign Affairs, to whose skilful and patient handling of this matter I take this opportunity to pay public tribute. His Majesty's Government will, of course, continue to press for the abandonment by the German Government of the shackling now in effect.
§ LORD ADDISONMy Lords, I should like to ask whether the noble Viscount can tell us whether there has been any amelioration in the conditions of British prisoners who have been subject to shackling.
VISCOUNT CRANBORNEMy Lords, I understand that information to that effect has reached my right honourable friend, and I only hope that it will be confirmed.