Abstract
This article looks at the work of the United Nations War Crimes Commission (UNWCC), and its influence on the development of international criminal law. It examines the role the UNWCC played in prosecuting war criminals, and notes the similarities between the UNWCC’s mission and the current structure and role of the International Criminal Court, particularly its focus on the principle of complementarity. The article reviews fair trial standards at the time of the national trials, and provides that many of them are present in current international human rights instruments. Still, the author submits that many trial records are still inaccessible and, as a result, there is not enough evidence to fully analyze the Commission’s efficiency in providing for a fair and impartial trial.
Highlights
The work of the United Nations War Crimes Commission (UNWCC or the Commission) has rarely been discussed in relation to the prosecution of war crimes during the Second World War
It examines the role the UNWCC played in prosecuting war criminals, and notes the similarities between the UNWCC’s mission and the current structure and role of the International Criminal Court, its focus on the principle of complementarity
The UNWCC was seen as an arbitrator and as an advisor for the States who sought to hold war criminals accountable
Summary
The work of the United Nations War Crimes Commission (UNWCC or the Commission) has rarely been discussed in relation to the prosecution of war crimes during the Second World War. Recently released documents, have changed this and have subsequently shed light on the Commission’s influence on the development of interna-. ELLIS tional criminal law.[1] In order to assist in the current effort to draw attention to the work of the Commission, this article discusses some of the early debates on both the principle of complementarity and the creation of an international court to try high-level war criminals. It is important to highlight the positive influence that the Commission had on the development of law, and the vital role that the Commission played in the prosecution of war criminals, it is necessary to consider the trials themselves. Given that many of the UNWCC trial records are still inaccessible, further research will be needed to fully assess the efficiency of the Commission in ensuring a fair and impartial trial
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