The attorney general has expressed regret over his “clumsy” remarks comparing calls to disregard international law in the UK to arguments made in 1930s Germany.
In a Thursday speech, Lord Hermer criticized politicians advocating the UK’s abandonment of “the constraints of international law in favor of raw power,” drawing parallels to legal theorists in pre-Nazi Germany.
Tory leader Kemi Badenoch accused him of labeling dissenters as Nazis, urging the prime minister to dismiss him.
While a spokesperson for Lord Hermer rejected the Conservatives’ characterization of the speech, they acknowledged the “clumsy” word choice and the resulting regret.
The spokesperson emphasized the speech’s aim: defending international law as crucial for national security, protection against aggressive states like Russia, and combating organized immigration crime.
Speaking at the Royal United Services Institute, Lord Hermer stated the Labour government’s intention to balance pragmatic national interests with commitment to a rules-based international order.
He described this approach as a rejection of calls, heard in Parliament and certain media outlets, to abandon international law for raw power, highlighting its historical precedent in early 1930s Germany, notably through Carl Schmitt’s prioritization of state power over law.
Lord Hermer cited the subsequent transformation of international and constitutional law following the events of 1933 as a crucial consequence of this historical precedent.
Adolf Hitler’s rise to power in 1933 and Carl Schmitt’s support for the Nazi Party, using legal theory to justify Hitler’s policies, provide critical context.
The Conservatives and Reform UK have been critical of aspects of international law and its enforcement, with some advocating the UK’s withdrawal from the European Convention on Human Rights (ECHR), criticized for hindering migration policies.
Badenoch, suggesting the UK might need to leave the ECHR if it prevents the country from acting “rightly,” condemned Lord Hermer’s “appalling judgment” and his alleged labeling of dissenters as Nazis, calling it dangerous and demanding his dismissal.
Reform UK’s deputy leader, Richard Tice, echoed calls for an apology, highlighting the potential outrage had similar language been used by the political right, declaring Lord Hermer unfit for his position.