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In a striking address, Attorney General Lord Richard Hermer KC appears to have drawn parallels between contemporary calls for the UK to withdraw from international courts and the rise of Nazi Germany in the 1930s. He asserted that the notion of the UK breaching international obligations represents a "radical departure from the UK’s constitutional tradition."
Speaking in London on Thursday at the Royal United Services Institute (Rusi) thinktank, Lord Hermer cautioned against arguments that international law can be simply "put aside" when convenient. He highlighted that similar claims were made by "realist" jurists in Germany in the early 1930s, notably Carl Schmitt, whose central thesis championed state power over the rule of law, Daily Dazzling Dawn understands.
Lord Hermer’s speech, published on the gov.uk website, suggested that the Government's current approach is a "rejection of the siren song" that can be heard within the Palace of Westminster, which advocates for "Britain abandons the constraints of international law in favour of raw power." He emphasized, "This is not a new song."
He further underscored the historical lesson of 1933 – the year Adolf Hitler became German chancellor – stating that "far-sighted individuals rebuilt and transformed the institutions of international law" because of those events.
The Attorney General's remarks come amidst ongoing debate within UK politics regarding adherence to international legal frameworks. While Conservative leader Kemi Badenoch has not explicitly called for the UK to leave the European Convention on Human Rights (ECHR), she has indicated it might be necessary if it impedes the country from doing "what is right." Conversely, Reform UK leader Nigel Farage has openly advocated for withdrawing from the ECHR, asserting the need for the UK to regain control over its borders.
In the same Rusi speech, Lord Hermer stressed the importance of adapting to evolving international rules. He urged officials to "look to apply and adapt existing obligations to address new situations" and declared, "We must be ready to reform where necessary."
