§ 48. Mr. Brockwayasked the Secretary of State for Foreign Affairs if Her Majesty's Government have ratified the Convention for the protection of human rights adopted by the Council for Europe, including the provisions permitting individuals to petition the European Court of Human Rights and accepting judgment by compulsory jurisdiction by the Court.
§ Mr. Selwyn LloydThe Convention was ratified by Her Majesty's Government on 22nd February, 1951, but Her Majesty's Government have not made the optional declaration accepting the competence of the European Commission of Human Rights to receive petitions from individuals, nor that recognising the compulsory jurisdiction of the proposed European Court of Human Rights.
§ Mr. BrockwayDoes not the right hon. and learned Gentleman consider that this Court would be of value in difficult cases arising between individuals and Governments? For example, might it not be of great value at this moment for the French Government in the case of Algeria and for the British Government in cases like that of Cyprus?
§ Mr. LloydThe position which Her Majesty's Government have continuously taken up is that they do not recognise the right of individual petition, because they take the view that States are the proper subject of international law and 868 if individuals are given rights under international treaties effect should be given to those rights through the national law of the States concerned. The reason why we do not accept the idea of the compulsory jurisdiction of a European Court is that it would mean that British codes of common and statute law would be subject to review by an international Court. For many years it has been the position of successive British Governments that we should not accept that status.
§ Mr. PagetHow does the right hon. and learned Gentleman fit in the admirable principles which he has just enunciated with the war crimes trials?