The Attorney General, Lord Richard Hermer KC, has drawn sharp comparisons between modern-day calls for the UK to abandon international courts and the legal ideology of Nazi Germany, during a speech delivered at a London event on Thursday.
Speaking at the Royal United Services Institute (RUSI), Lord Hermer warned against voices within British politics suggesting that the UK should disregard international legal obligations. In remarks published on the gov.uk website, he said such suggestions mark a “radical departure” from the UK’s longstanding constitutional and legal traditions.
In a pointed reference, Lord Hermer stated:
“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.”
Schmitt was a prominent German legal theorist whose ideas underpinned much of the legal framework for the Nazi regime after Adolf Hitler’s rise to power in 1933. Lord Hermer invoked that historical precedent to caution against the UK turning its back on international legal norms.
He continued:
“Because of what happened in 1933, far-sighted individuals rebuilt and transformed the institutions of international law.”
While Lord Hermer did not name specific individuals or parties, his speech comes amid renewed Conservative Party debate over the UK’s relationship with the European Convention on Human Rights (ECHR). Some Tory backbenchers and political figures on the right have called for the UK to leave the ECHR, claiming it interferes with the country’s ability to enforce immigration controls and remove foreign nationals.
Prominent among those voices is Reform UK leader Nigel Farage, who has openly stated he would remove the UK from the convention. Speaking to ITV in April, Mr Farage said:
“We have to get back the ability to decide – can we really control our borders?”
Meanwhile, Business and Trade Secretary Kemi Badenoch, a rising star within the Conservative Party, has not explicitly called for withdrawal from the ECHR but has questioned its compatibility with the UK’s national interests. She remarked that the UK may have to consider leaving if the convention prevents the country from doing “what is right”.
In his speech, Lord Hermer appeared to push back against such rhetoric, arguing that while international rules must evolve, the foundation of international law must be respected:
“We must not stagnate in our approach to international rules. We must be ready to reform where necessary. But we must do so by applying and adapting existing obligations to address new situations – not by discarding them wholesale.”
The comments mark one of the most direct interventions yet from a senior legal figure in the ongoing political discourse over international law and the UK’s obligations to supranational courts and treaties.
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Lord Hermer, who was appointed Attorney General in 2024, is regarded as a staunch advocate for the rule of law. His speech is likely to stir both political and public debate, especially among those who believe international courts, including the European Court of Human Rights in Strasbourg, undermine UK sovereignty.
Reactions across Westminster have been mixed. Human rights campaigners welcomed the intervention, calling it a necessary defence of international standards. However, some Conservative MPs have accused the Attorney General of making “inflammatory” historical comparisons, arguing that the UK has a right to reassess its international commitments in the modern context.
As the UK grapples with complex challenges around immigration, border control, and human rights obligations, the Government faces growing pressure to clarify its stance on international law. Lord Hermer’s speech is a forceful reminder of the legal and historical consequences of straying too far from established principles.
