§ 36. Mr. Stokesasked the Secretary of State for War under what provision of the Geneva Convention German prisoners of war are still detained in this country.
§ Mr. BellengerThe Geneva Convention is not the authority for the detention of prisoners of war, but deals with their conditions and treatment while detained. Article 75 of the Convention, however, does include mention of the liberation and return of prisoners of war, and on this point I have nothing to add to the reply given on 8th May, 1946, to my hon. Friend by my right hon. Friend the then Minister of State.
§ Mr. StokesYes, but is the right hon. Gentleman aware that the whole of the Nuremberg trial was based on the theory that the Control Commission was the legal Government of Germany; that under Article 75 of the Geneva Convention, we must enter into communication with the existing Government of a State for the immediate return of its subjects we hold prisoners of war; and that we ought, therefore, to return the German prisoners of war to the C.C.G.?
§ Mr. BellengerThat seems to me to be a very involved legal point. I have given the answer to the Question my hon. Friend put on the Paper.