HC Deb 21 April 1943 vol 388 cc1657-9
1. Major-General Sir Alfred Knox

asked the Secretary of State for Foreign Affairs whether he can now make a statement on the shackling of British prisoners of war in German camps?

The Secretary of State for Foreign Affairs (Mr. Eden)

On 11th February last I told the House 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 me, through the same channel, and I think that hon. Members, who have been very patient upon this distressing matter, should know the present position.

The Geneva Convention lays down generally that prisoners of war must 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 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 those instructions, it has 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 interest 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 continued, 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 connection, remind the House that, on 7th December 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 15th December. The House 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 12th December. 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 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.

Sir A. Knox

Does the right hon. Gentleman's information lead him to believe that there has been any relaxation of this punishment of shackling in the camps of Germany, or not?

Mr. Eden

Yes, Sir; information has come to me that the method of application of this shackling has been less rigorous of late. I very much hope that we shall obtain confirmation of that.

Colonel Sir A. Lambert Ward

Has the right hon. Gentleman any information as to whether this shackling is confined to Prison Camp VIIIB or whether it is general in prison camps all over Germany?

Mr. Eden

I do not think that "general" is the right word. I think it is done in VIIIB and one or two others.

Mr. Tinker

Is the right hon. Gentleman aware that his statement will meet with the general approval of the British public?