Reinforcing International Criminal Justice:

Building on the work of the United Nations War Crimes Commission

of 1943-1948

The Centre for International Studies and DiplomacySOAS, University of London

Photo: A meeting of the UNWCC and a US Congressional Delegation - May 1945

Constructing the UNWCC: A Multilateral Effort

• The Declaration of St. James Palace – January 1942

• The Moscow Declaration - October 1943

• First Meeting of the UNWCC - 26 October 1943

• Creation of the Far Eastern and Pacific Sub-Commission – June 1944 (Inaugural meeting - November 1944)

UNWCC by the Numbers• 36,529 Accused Individuals• 8,178 Cases Opened• Over 2,000 Trials between fall of 1945 – March 1948

★ Member States ✪ Considered Membership

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Non-Member State, Submitted Cases

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UNWCC Member States

National Representatives

Egon Schwelb – Czechoslovakia

Sir Robert Craigie - UK Wellington Koo - China

Herbert Pell - USA

M. de Baer - Belgium

René Cassin – France

The United Nations War Crimes CommissionLondon, UK

Far East Sub-CommissionChungking

Committee IFacts and Evidence

Committee IIEnforcement

Committee IIILegal Affairs

Member State National Office Sends Case to UNWCC Office

in London

Committee I on Facts and

Evidence Reviews the

Case

Committee I decides whether there is a

prima facie case

Member State Moves

to Trial Based on UNWCC

Approval of Case

Member State National Offices Located Around Europe and the Far East Conduct Investigations

and Develop War Crimes Charges

1. Massacre of civilians.2. Killing of hostages.3. Torture of civilians.4. Starvation of civilians.5. Rape.6. Abduction of girls and women for purposes of enforced prostitution.7. Deportation of civilians.8. Internment of civilians under brutal conditions.9. Forced labour of civilians in connection with military operations of the enemy.10. Usurpation of sovereignty under military occupation.11. Compulsory enlistment among inhabitants of occupied territory.12. Pillage.……………………………And 18 more

Existing Law: • National Law• The Hague Conventions of 1899 and 1907• 1919 List of War Crimes Adopted by UNWCC in 1944

Developing New LawCommittee III – Legal Affairs

• Crimes of Aggression: – Debate on Kellogg-Briand’s lack of enforcement provision

• ‘Crimes Against Humanity’: Holding individuals responsible for actions against people from states with whom they were not at war.– March-December 1944 debate on German-German crimes

• Collective Responsibility: “To commit for trial, either jointly or individually all those who, as members of those criminal gangs, have taken part in any way in the carrying out of crimes committed collectively by groups, formations or units.” (Andres Gros – May 1945)– Adopted by Justice Jackson in the summer of 1945 for Nuremberg

• Genocide: Denationization

New Legal and Judicial Processes

• Attempt to create a permanent ICC• Creation of joint military tribunals• Creation of an investigation unit and records

unit (CROWCASS)• Support to member states tribunals• Creation of a multilateral system of international

criminal justice

The Legacy of the UNWCC:A New Paradigm of International Criminal Law

• Successful multilateral international justice initiative• Focus on mid-level war criminals• Influence on Nuremberg• Roles of India and China• Involvement of women on the Commission• Lessons for contemporary legal practice