– in the House of Commons at 12:00 am on 24 March 1947.
Mr Richard Stokes
, Ipswich
12:00,
24 March 1947
asked the Secretary of State for Foreign Affairs whether the Nuremberg Trial was based on the recognition of the Control Commission for Germany as the legal Government of that country; and whether the Control Commission is to be recognised as the legal Government under Section 75 of the Geneva Convention.
Mr. McNeil:
The first part of the Question is best answered by a quotation from the judgment of the Nuremberg Tribunal itself. On page 38 of Command Paper 6964, the Tribunal stated:
The jurisdiction of the Tribunal is defined in the agreement and Charter … the law of the Charter is decisive and binding upon the Tribunal. The making of the Charter was the exercise of the sovereign legislative power by the countries to which the German Reich surrendered; and the undoubted right of these countries to legislate for the occupied territories has been recognised by the civilised world.
The answer to the second part of the Question is, that Article 75 of the Prisoners of War Convention relates to communications between belligerents regarding the repatriation of prisoners of war. His Majesty's Government are in constant communication with the Control Commission for Germany with regard to this repatriation.
Mr Richard Stokes
, Ipswich
Is my right hon. Friend aware that this is the third Question of this kind which I have put down to the Attorney-General, who always passes the buck to another Minister; and in view of the first part of the Minister's reply to the Question, does not this, in fact, mean that the Control Commission for Germany are the legally recognised Government of Germany? Is that so or not? That is the question to which I have been trying to get an answer from the Government for the last three months.
Mr Richard Stokes
, Ipswich
Is not my right hon. Friend aware that I am trying to arrive at an answer on this matter dealing with prisoners of war under the Geneva Convention? We cannot be at war with ourselves. If the Control Commission for Germany are the legally recognised Government of Germany, then are not His Majesty's Government bound to enter into relations with themselves for the speedy return of prisoners?
Mr Richard Stokes
, Ipswich
I beg to give notice, Mr. Speaker, that I shall endeavour to raise this matter later tonight.
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