The Attorney General has told of his “regrets” at using “clumsy” language by referring to 1930s Germany as he defended the European Convention on Human Rights which is under attack from Tory MPs and Reform UK.
Sir Keir Starmer was hit by a growing row after the senior minister appeared to compare calls for the UK to leave international courts with Nazi Germany.
Lord Richard Hermer KC said the idea that the UK can breach international obligations is a “radical departure from the UK’s constitutional tradition”.
The Goverment’s most senior law minister used a speech in London on Thursday to say claims that international law can be “put aside” were made in the early 1930s in Germany.
In a version of his speech to the Royal United Services Institute (Rusi) thinktank, published on the gov.uk website, Lord Hermer suggested the Government’s approach is a “rejection of the siren song” that can be “heard in the Palace of Westminster” in which “Britain abandons the constraints of international law in favour of raw power”.
“This is not a new song,” he said.
“The claim that international law is fine as far as it goes, but can be put aside when conditions change, is a claim that was made in the early 1930s by ‘realist’ jurists in Germany, most notably Carl Schmitt, whose central thesis was in essence the claim that state power is all that counts, not law.”
Lord Hermer also said that because of what happened “in 1933, far-sighted individuals rebuilt and transformed the institutions of international law”. That is the year that Adolf Hitler became German Chancellor.
Shadow justice secretary Robert Jenrick, who backs the UK leaving the European Convention on Human Rights (ECHR), slammed the peer’s criticism.
“The idea you can reform the ECHR is fanciful as it requires unanimity from all 46 signatories,” he said.
“It is appalling that Hermer would insinuate that those who think we should leave the ECHR are like the Nazis.”
Nigel Farage, who also advocates Britain leaving the human rights convention, added: “Our national interest is being damaged by dangerous young men crossing the channel and the absurd surrender of the Chagos Islands.
"Hermer and Starmer are out of touch with the British public and these insults will only strengthen our case. The next general election will see leaving the ECHR at the centre of debate.”
Lord Hermer's spokesman said: "The Attorney General gave a speech defending international law which underpins our security, protects against threats from aggressive states like Russia and helps tackle organised immigration crime.
"He rejects the characterisation of his speech by the Conservatives. He acknowledges though that his choice of words was clumsy and regrets having used this reference."
Conservative leader Kemi Badenoch has stopped short of calling for the UK to leave the ECHR.
However, she suggested the UK would have to leave the convention if it stops the country from doing “what is right”.
Shadow paymaster general Richard Holden said Lord Hermer’s isn’t “fit to be our Attorney General.”
