Labour’s top legal adviser compares Reform and Conservatives to Nazi Germany over ECHR row

Sir Keir Starmer’s chief legal officer has come under fire after drawing a controversial parallel between Conservative and Reform UK policies on international law and Nazi Germany, reports The Times.

Lord Hermer, Labour’s attorney-general, warned that Britain must be prepared to reform international agreements such as the European Convention on Human Rights (ECHR) to ensure they retain “democratic legitimacy”. However, his comparison between current political stances and the legal thinking that underpinned 1930s Germany has raised eyebrows across the political spectrum.

Referring specifically to Business Secretary Kemi Badenoch’s call to “disengage” from the ECHR and other international bodies that no longer serve British interests, Lord Hermer likened such a “pick and mix” approach to the ideas promoted by Nazi jurist Carl Schmitt. Schmitt famously argued that state power should override legal constraints—an ideology that helped justify Adolf Hitler’s authoritarian rule.

In a speech at the Royal United Services Institute, Lord Hermer said: “The claim that international law is fine as far as it goes, but can be put aside when the 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.”

He added: “Our approach is a rejection of the siren song, that can sadly now be heard in the Palace of Westminster, not to mention the press, that Britain abandon the constraints of international law in favour of raw power.”

Schmitt’s ideas were instrumental in allowing Hitler to bypass Germany’s constitution and assume dictatorial powers in 1933. Reform UK’s previous policy called for a full withdrawal from the ECHR and the Strasbourg-based European Court of Human Rights.

Although Lord Hermer’s comments triggered fierce backlash, sources close to him were quick to clarify he was not comparing right-wing politicians to Nazis, stressing he believed they were “acting in good faith” and were “patriots”.

“He (Hermer) is the son of a former Conservative councillor, who sees this as nothing but a good-faith argument in the British family,” said one source. “The attorney-general sees those on the other side of this debate as patriots acting in good faith — but deeply misguided because ripping up international law will only help those who want a lawless world like Vladimir Putin.”

However, critics were quick to slam Hermer’s remarks. Shadow Justice Secretary Robert Jenrick said: “It is appalling that Hermer would insinuate those who think we should leave the ECHR are like the Nazis. David Lammy tried that disgusting smear with Brexiteers and it didn’t work for him. It won’t work for Hermer either.”

Jenrick also poured cold water on Hermer’s ambitions to reform the ECHR, calling the idea “fanciful” due to the need for unanimous agreement from all 46 signatory nations.

While Lord Hermer emphasised the need to respect and comply with international institutions, he insisted that the law must continue to evolve.

“International law cannot and must not replace politics. As we have shown time and again as a nation, from a position of respect and compliance . . . reform is possible and institutions can be reformed. We must be ready to reform where necessary,” he said.