HC Deb 24 June 1959 vol 607 cc1171-2
5 and 6. Mr. Usborne

asked the Secretary of State for Foreign Affairs (1) what is the policy of Her Majesty's Government in regard to the proposed Court of International Delinquency;

(2) whether he has yet considered the memorandum, entitled "The Legality of International Law", sent to him by the Parliamentary Group for World Government; and what reply he has made to the Group.

Mr. Ormsby-Gore

My right hon. and learned Friend has considered this memorandum, but, as regards the particular suggestion referred to for setting up an international court to try crimes by individual persons, I do not think that it can be regarded as practicable.

Mr. Usborne

As international law now applies to nations, which are not amenable to law—a nation cannot be indicted—is it not important to try to establish the principle that supranational law can apply to people? Is this not the point about the proposed Court of International Delinquency?

Mr. Ormsby-Gore

It is an interesting theory which no doubt we can debate on some occasion. I repeat that I do not think that it is a practicable scheme at present.

Mr. E. L. Mallalieu

Does not the right hon. Gentleman consider that it might be a good idea to bring home personal responsibility to an individual representative of a country who orders or carries out an action contrary to international law? Was that not the central feature of this proposal?

Mr. Ormsby-Gore

That may well be so, but the question is whether we could bring it about. The United Nations General Assembly considered for a number of years whether an international criminal court could be set up. It was unable to make any progress, and the idea was shelved in 1957.