Abstract
In January 1997 legal proceedings in the first trial to be held in Britain using the War Crimes Act (1991) ended when the jury decided that the defendant Szymon Serafinowicz was unfit to stand trial as he was suffering from senile dementia. In presenting a report of the proceedings and making comparisons with cases in Canada, the author highlights the difficulty in proving war crimes to the criminal standard of proof and maintains that, if the case had gone to a full trial, despite the strong evidence against Serafinowicz, it is unlikely that he would have been convicted.
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