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Hermer's Law: How a Non-Binding Opinion Became a Β£30 Billion Surrender
The Chagos bill is dead. Not delayed, not paused, not pending resolution of a diplomatic disagreement with Washington. Dead. The government has run out of parliamentary time, lost American support, lost a domestic court ruling, and is now appealing against a judgment that grants the very people it claimed to be helping the right to return to their homeland. The deal Keir Starmer signed, the bill his ministers championed, and the legal reasoning Lord Hermer placed at the heart of Labour's foreign policy have together produced a comprehensive and entirely avoidable disaster.
Begin with the legal foundation, because that is where the rot starts. The government's case for surrendering Chagos rested on a 2019 advisory opinion from the International Court of Justice. Not a binding ruling. An opinion. One that carries, in the Spectator's precise formulation, roughly the legal force of a politely worded email. Any government confident in its own sovereignty would have noted the opinion, acknowledged its non-binding status, and proceeded as before. Instead, Lord Hermer, as Attorney General, treated it as an obligation Britain had no realistic choice but to honour. International law was placed at the heart of Labour's foreign policy, and a non-binding advisory opinion became the justification for surrendering a strategic asset Britain has held for two centuries.
The consequences were predictable and have duly arrived. The legal framework constructed to make surrender seem inevitable has since been turned against the deal itself. A domestic court ruled earlier this year that Chagossians expelled from their homeland have a right of abode. The government is now appealing against that judgment, deploying British courts to resist the rights of the people whose welfare the deal was ostensibly designed to protect. The legal reasoning that was supposed to close the argument has reopened every argument simultaneously.
Then there is Trump. His final withdrawal of support came after Starmer refused to allow American aircraft to use British bases to strike Iran. The refusal was consistent with this government's broader posture: cautious, legally constrained, reluctant to act without multilateral cover. But the consequence was the loss of American backing for a deal that required American cooperation to implement. Britain had already committed Β£30 billion of public money. It had signed. It had staked its diplomatic credibility. And then, when the alliance was tested at the precise moment it mattered, the terms of British foreign policy prevented Britain from meeting the condition on which everything else depended.
The geometry of this failure is worth stating plainly. Starmer signed a deal he could not implement without US consent. He then adopted a foreign policy posture that made US consent impossible to retain. He built his legal case on a non-binding opinion that has since generated binding domestic consequences he is now fighting in court. And he committed billions of public money to an agreement that cannot be ratified, to lease back a base Britain already owned, from a government it was paying to take it.
Lord Hermer bears particular responsibility. The decision to treat the ICJ opinion as effectively binding, to frame sovereignty as a liability and legal compliance as a virtue, set the terms for everything that followed. A government that begins by conceding the argument rarely wins the negotiation. Britain conceded Chagos in principle before a single formal demand had been made, and has spent the years since discovering the price of that concession while failing to collect any of its promised benefits.
The bill is dead. The deal is stranded. The base remains, for now, in British hands. That is not a vindication of the strategy. It is a verdict on it.
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