Conservative ministers have been accused of quietly abandoning the longstanding principle that members of the government should be bound by international law.

A rewrite of the ministerial code that sets out the standard of conduct expected has omitted a reference to the subject – a decision that senior lawyers say could have far-reaching implications for the UK and its relationship with the rest of the world.

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The latest version of the code, which was published without fanfare on Thursday last week, reveals that a key element has disappeared. The previous code, issued in 2010, said there was an “overarching duty on ministers to comply with the law including international law and treaty obligations and to uphold the administration of justice and to protect the integrity of public life”.

In the new version the sentence has been edited to say only that there is an “overarching duty on ministers to comply with the law and to protect the integrity of public life”.

Lawyers say key issues affected by the change could include decisions about whether to go to war or use military force, such as the use of drones in Syria, any decision made by an international court about the UK and any laws not incorporated into English law, such as human rights legislation and the Geneva conventions.

Facebook Twitter Pinterest Ministerial code changes between 2010 and 2015. Photograph: Government handout

Philippe Sands QC, a professor of law at University College London, said the change was “shocking. Another slap to Magna Carta and the idea of the rule of law. A government that wants to ditch Europe and sever the connection with the European convention on human rights now wishes to free itself from the constraints of international law and the judgments of international courts.”

A legal challenge against the change will be lodged on Friday by Rights Watch, an organisation which works to hold the government to account. Yasmine Ahmed, its director, said: “This amendment to the ministerial code is deeply concerning. It shows a marked shift in the attitude and commitment of the UK government towards its international legal obligations.” ”

In his preamble to the new ministerial code, David Cameron says: “People want their politicians to uphold the highest standards of propriety. That means being transparent in all we do.”

The Cabinet Office denied there was any intention to weaken international law and the administration of justice by omitting the phrases from the new code.

A spokesman said: “The code is very clear on the duty that it places on ministers to comply with the law. ‘Comply with the law’ includes international law.



“The wording was amended to bring the code more in line with the civil service code. The obligations remain unchanged by the simplified wording. The ministerial code is the prime minister’s guidance to his ministers on how they should conduct themselves in public office.”

However, a Conservative party policy document promises that the ministerial code will be rewritten in the context of the UK withdrawing from the European convention on human rights. In order to help achieve these aims the document says: “We will amend the ministerial code to remove any ambiguity in the current rules about the duty of ministers to follow the will of Parliament in the UK.”

Lord Falconer, Labour’s shadow lord chancellor, said: “If this what ministers are planning to do it is shocking. We are a country that prides itself on operating in accordance with the rule of law. That has always meant both domestic and international law.



“This is a message we have sent out both internally and externally. If we are now regarding compliance with international law for ministers as optional that is staggering. If ministers breach international law it will no longer be misconduct.”

Ken Macdonald QC, the former director of public prosecutions, said: “It is difficult to believe that this change is inadvertent. If it’s deliberate, it appears to advocate a conscious loosening of ministerial respect for the rule of law and the UK’s international treaty obligations, including weakening responsibility for the quality of justice here at home.

“In a dangerous world, the government should be strengthening its support for the rule of law, not airbrushing it out of the ministerial code. On every level, this sends out a terrible signal.”

On the same day that the new code was released, the attorney general, Jeremy Wright, gave a keynote address about the importance of international law to an audience of government lawyers at the Government Legal Service International Law Conference.

Wright said: “The constitutional principle to respect the rule of law and comply with our international obligations is reflected in the ministerial code – which applies to me as much as to any other minister. The code states that there is an overarching duty on ministers to comply with the law, including international law and treaty obligations and to uphold the administration of justice and to protect the integrity of public life.”

It is not clear whether or not the attorney general was informed about the changes to the ministerial code at the time of his speech. Both the Cabinet Office and the attorney general’s office have declined to answer this question.



A spokesman for the attorney general said: “There’s no inconsistency between the attorney’s speech and the updated ministerial code.”











