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Oral Answers to Questions — Captured Enemy Troops (Disguise).

– in the House of Commons at on 22 May 1941.

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Major Vyvyan Adams:

asked the Prime Minister whether His Majesty's Government hold themselves free to refrain from treating as prisoners of war any enemy troops captured in the guise of British, Dominion or allied uniforms?

Photo of Mr Clement Attlee Mr Clement Attlee , Stepney Limehouse

His Majesty's Government will be guided in this matter by the Laws and usages of war as laid down in International Declarations and Conventions.

Major Adams:

Can my right hon. Friend say whether an enemy soldier, so disguised and so captured, is liable to be treated as a common spy?

Photo of Mr Clement Attlee Mr Clement Attlee , Stepney Limehouse

I cannot add anything to the answer I have given.

Photo of Commander Sir Archibald Southby Commander Sir Archibald Southby , Epsom

Is not this a matter which is best left to the general officer commanding on the spot?

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Laws are the rules by which a country is governed. Britain has a long history of law making and the laws of this country can be divided into three types:- 1) Statute Laws are the laws that have been made by Parliament. 2) Case Law is law that has been established from cases tried in the courts - the laws arise from test cases. The result of the test case creates a precedent on which future cases are judged. 3) Common Law is a part of English Law, which has not come from Parliament. It consists of rules of law which have developed from customs or judgements made in courts over hundreds of years. For example until 1861 Parliament had never passed a law saying that murder was an offence. From the earliest times courts had judged that murder was a crime so there was no need to make a law.