Armed Conflict and Genocide
The question
To ask the Solicitor General, what steps she is taking to ensure that policy-makers are aware of international law pertaining to war and genocide.
Answered by Ellie Reeves
The Law Officers’ Convention applies to advice which may or may not have been given by, or requested of, the Law Officers, and it applies to your question. It can be found at paragraph 21.27 of Erskine May:
“By long-standing convention, observed by successive Governments, the fact of, and substance of advice from, the law officers of the Crown is not disclosed outside government. This convention is referred to in paragraph [5.14] of the Ministerial Code [updated on 6 November 2024]. The purpose of this convention is to enable the Government to obtain frank and full legal advice in confidence.”
Policy-makers are mindful of the overarching duty, set out at paragraph 1.6 of the Ministerial Code, to comply with the law, including international law and treaty obligations. They seek advice from their departmental lawyers in this regard, as appropriate.
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