From Calculated Cruelty to Casual Violence – The United Nations War Crimes Commission and the Prosecution of Torture and Ill-Treatment

Oette, Lutz

Abstract

The article looks at the records of both the United Nations War Crimes Commission (UNWCC) and national courts with respect to the post-World War II prosecution of the crimes of torture and ill-treatment. It illustrates how the UNWCC and national courts dealt with the relevant legal questions, applicable laws, crimes at hand, as well as issues of retroactivity and defenses. The article also discusses the UNWCC’s contribution to the development of relevant international law, both in terms of state practice and precedent. Finally, it acknowledges the legacy of the UNWCC and post-World War II prosecutions, which constituted a collaborative effort to bring perpetrators of international crimes to justice.

Citation

Oette, L. (2014). From Calculated Cruelty to Casual Violence – The United Nations War Crimes Commission and the Prosecution of Torture and Ill-Treatment. Criminal Law Forum, 25(1-2), 291-321. https://doi.org/10.1007/s10609-014-9226-z

• Journal Article Type: Article
• Online Publication Date: Apr 16, 2014
• Publication Date: Jun 1, 2014
• Deposit Date: May 12, 2014
• Journal: Criminal Law Forum
• Print ISSN: 1046-8374
• Electronic ISSN: 1572-9850
• Publisher: Springer
• Peer Reviewed: Peer Reviewed
• Volume: 25
• Issue: 1-2
• Pages: 291-321
• DOI: https://doi.org/10.1007/s10609-014-9226-z