HL Deb 25 June 1952 vol 177 cc443-4WA
LORD HANKEY

asked Her Majesty's Government for clarification before debate takes place of the following points arising out of Article 6 of the Convention on the Settlement of Matters arising out of the War and the Occupation (Cmd. 8571, pages 80–81) on the establishment of a Mixed (Clemency) Board for German War Criminals:

  1. (1) In Clause 1, why are crimes against peace omitted from the list of crimes on which the Mixed Board is empowered to make recommendations? Or are crimes against peace included in the term used in lines 6 and 7 "crimes committed during the war, commonly referred to as war crimes"?
  2. (2) When, and in what circumstances, will the Federal Republic be in a position to accept the custody of the persons mentioned in Clause 4?
  3. (3) Will the Board be free to decide its procedure on matters not mentioned in Article 6, e.g., could it decide
    1. (a) to remit its inquiries at appropriate stages to panels comparable mutatis mutandis to those mentioned in Article 7, Clause 5, or to adopt other measures to expedite procedure and perhaps to save tripartite translation?
    2. (b) to take into consideration new evidence that has come to light since the original sentence?
    3. (c) to hear counsel and witnesses on behalf of appeals?
    4. (d) to receive petitions?
    5. (e) to bring into line the rules for grant of parole, which are understood to vary in the different zones?
    6. (f) its procedure as to publicity?
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  4. (4) With reference to clause 9, at what point will the Board be deemed to have "commenced to function," e.g., from the announcement of its formation, from the date of its first meeting, or of its first recommendation?

THE PARLIAMENTARY UNDER-SECRETARY OF STATE FOR FOREIGN AFFAIRS (THE MARQUESS OF READING)

1. So far as Her Majesty's Government are concerned, the question why crimes against peace are omitted from the list of crimes set forth in the first paragraph of Article 6 of the Convention on the Settlement of Matters arising out of the War and the Occupation does not arise, since no war criminals held in the British Zone of Germany were convicted of crimes against peace. Her Majesty's Government accepted the list of crimes set forth in paragraph 1 and still regard this list as satisfactory from their point of view.

2. It is for the German Federal Government to decide when it is in a position to accept custody of war criminals. I understand, however, that the Federal Government may not be able to undertake this responsibility until special legislation has been passed in Germany.

3. All the matters listed under this heading appear to be open for consideration by the Board in drawing up its rules of procedure.

4. In the view of Her Majesty's Government, the Board would be deemed to have "commenced to function" from the date of its first meeting.

House adjourned at twenty-two minutes before six o'clock.