TNAG-0716-FCO40-912-Air-hijacking-and-the-Dependent-Territories-1978 — Page 39

A

G

Mr Burrows

PS/Mr Judd

Private Secretary

SECRET

cc Sir A Duff

Defence Dept

HK&GD /

PUSD Mr Hervey

Enter and PA

10

(not a problem that

would wise = a D.T.) ~ 30/1 Fika osili

RECE

3 1 JAN 1978

DESK U

INDEX

常

No 1. &

IN

Legal Advisers Mr Chamberlain

MEETING OF THE MINISTERIAL COMMITTEE ON TERRORISM ('

(TRM)

51

4Y

Taken

My submission of 26 January. We have now heard that the

Attorney General may raise the question of the legality under

international law of British forces intervening in a third

country to deal with a terrorist incident. The report by

officials is based on the assumption that this would be done with

the consent "or the acquiescence" of the local government; con-

cerned. It also envisgages that intervention could take place

where the local government was opposed "if in the last report,

and notwithstanding the many diplomatic and military problems,

such an operation were ordered by Ministers".

Line to take

2. In general it is unlawful to send troops on to the begin

tory of another State without its permission. To thin, the re

may be an exception in the case of so called "humanitarion

intervention", ie there may be a right to intervene to probeel,

the lives of one's nationals where the local State is mwili

SECRET

jor