§ LORD OGMOREMy Lords, I beg leave to ask the Question which stands in my name on the Order Paper.
§ [The Question was as follows:
§ To ask Her Majesty's Government whether they have considered making an application to the International Court for a declaration that the action of the Soviet Union in making their recent nuclear tests is a gross breach of human rights and an attack on the safety, well-being and future of the human race.]
§ THE JOINT PARLIAMENTARY UNDER-SECRETARY OF STATE FOR FOREIGN AFFAIRS (THE MARQUESS OF LANSDOWNE)Yes, my Lords, this course of action has been considered. But to make application to the International Court would be fruitless because it is the firm policy of the Soviet Union not to submit to the Court's jurisdiction, and in the absence of such Soviet submission the Court would have no power to make a Declaration.
§ LORD OGMOREMy Lords, has the noble Marquess considered the possibility of moving under Article 96 of the Charter, under which the Assembly itself can apply to the Court, irrespective of whether or not the Soviet Union submits to it? And has his attention been drawn to the statement made by Mr. Khrushchev some time ago condemning the possibility of anyone starting up tests and branding anyone who started up tests as someone who would be handed down to the shame of future generations? Is this not the position the Soviet Union is now in?
§ THE MARQUESS OF LANSDOWNEMy Lords, I think that the reply I gave to the noble Lord's Question is complete. There really is nothing that can be done along the line that the noble Lord suggests. I should like notice of the suggestion he has added, and I should like to look into that.
§ VISCOUNT ALEXANDER OF HILLSBOROUGHMy Lords, the last point made by the noble Lord, Lord Ogmore, had already been quoted by me in the House, during a debate. I never received an answer about that.
§ THE MARQUESS OF LANSDOWNEBut the noble Lord asked a Question.
§ VISCOUNT ALEXANDER OF HILLSBOROUGHYes; but I mentioned it in a debate and drew attention to the fact that the Russians were making the excuse that in fact they were no longer bound by that because of the interposition of the tests made by France.