Reinforcing International Criminal Justice:
Building on the work of the
United Nations War Crimes Commission
of 1943-1948
The Centre for International Studies and Diplomacy
SOAS, University of London
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)
Photo: A meeting of the UNWCC and a US Congressional Delegation - May 1945
UNWCC by the Numbers
• 36,529 Accused Individuals
• 8,178 Cases Opened
• Over 2,000 Trials between fall of 1945 – March 1948
UNWCC
Member States
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★ Member States
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Considered Membership
Non-Member State, Submitted Cases
M. de Baer - Belgium
Egon Schwelb – Czechoslovakia
Sir Robert Craigie - UK
National
Representatives
René Cassin – France
Herbert Pell - USA
Wellington Koo - China
The United Nations War Crimes Commission
London, UK
Committee I
Facts and Evidence
Far East Sub-Commission
Committee II
Enforcement
Committee III
Legal Affairs
Chungking
Member State National Offices Located Around
Europe and the Far East Conduct Investigations
and Develop War Crimes Charges
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
Existing Law:
• National Law
• The Hague Conventions of 1899 and 1907
• 1919 List of War Crimes Adopted by UNWCC in 1944
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
Developing New Law
Committee 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
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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