TNAG-2716-FCO40-3922-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1993 — Page 53

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The Rt. Hon. Lord Shawe

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PO Box 161

60 Victoria Embankment

London EC4Y OJP Tel: 071-325 5133

28 January 1993

The Rt Hon Douglas Hurd CBE MP Secretary of State for Foreign

and Commonwealth Affairs Downing Street

London SW1A 2AL

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Thank you for your letter of 26 January which, however, I did not receive until after the meeting at Chatham House. I am obliged to you for writing so fully.

I shall read the statement made last year to the Sixth Committee by Frank Berman with interest and am glad to know that the International Law Commission has been asked to draft a statute. I realize, of course, that in practice a major difficulty such a court might have would be to secure the presence of alleged offenders. As against this, however, the court might be able to issue Advisory or Declaratory Opinions which would carry considerable weight as coming from an impartial source. Moreover the existence of such a court would avoid the dilemma which would have arisen had Saddam Hussein been captured at the end of the Gulf war. Margaret Thatcher expressly pledged that he would be brought to justice "as at Nuremberg". This would have necessitated the establishment of an ad hoc tribunal which would no doubt have resulted in criticisms of "victors' justice". The matter has been dragging on since I raised it in 1945 in the UN and it is time it was authoritatively resolved. Meanwhile I hear that an important television programme is being prepared for exhibition here and in the States. I have indeed been asked to take part, but have not made up my mind!

As for Hong Kong, in view of the Chatham House convention about confidentiality (which applies to your answers to questions although your actual address was released by the Foreign Office to the press) I want to be sure what I may with your permission say publicly as to your answer.

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