CYIL Vol. 7, 2016

PETR VÁLEK CYIL 7 ȍ2016Ȏ on 1 November 1943. 14 In the meantime, the discussion on the prosecution and punishment of crimes under international law was ongoing in the unofficial bodies too, such as the International Commission for Penal Reconstruction and Development and the London International Assembly. 15 Following these diplomatic efforts of nine exile Governments and the pressure by the British public opinion, a proposal to establish the “United Nations Commission for the Investigation of the War Crimes” was put forward on behalf of the British Government by Lord Simon, the Lord Chancellor, 16 in the House of Lords on 7 October 1942. During the debate in this chamber of the British Parliament, he “observed that there were two prerequisites without which no war crimes tribunal could act effectively: the recording of evidence, and the presence of the accused.” The first requirement was supposed to be addressed by this Commission that, according to his proposal, “will investigate war crimes committed against nationals of the United Nations recording the testimony available, and the Commission will report from time to time to the Governments of those nations cases in which such crimes appear to have been committed, naming and identifying wherever possible the persons responsible.” This proposal was supported by President Roosevelt, who made a statement for this purpose on the same day, and communicated to the Soviet Union and the exile Governments. 17 On 17 December 1942 the joint declaration by members of the United Nations against the extermination of Jews was read by Foreign Secretary Eden in the House of Commons, representing the United States, the Soviet Union and other States (including Czechoslovakia), reaffirming their resolution to ensure retribution. 18 Nevertheless, it took almost another year to set up the Commission. According to the History of the Commission, there were two reasons for this delay: the reluctance in official circles because of the fiasco of the Leipzig trials and the position of the Soviet Union. As stated by Dr. Ečer (the Czechoslovak representative in the 14 Ibid. , p. 107: “At the time of the granting of any armistice to any Government which may be set up in Germany, those German officers and men and members of the Nazi party who have been responsible for or have taken a consenting part in the above atrocities, massacres and executions will be sent back to the countries in which their abominable deeds were done in order that they may be judged and punished according to the laws of these liberated countries and of the Free Governments which will be erected therein. Lists will be compiled in all possible detail from all these countries, having regard especially to the invaded parts of the Soviet Union, to Poland and Czechoslovakia, to Yugoslavia and Greece, including Crete and other islands, to Norway, Denmark, the Netherland, Belgium, Luxembourg, France and Italy.” 15 Ibid. , p. 94-104. 16 The Encyclopaedia Britannica, 14th Edition, New York 1929, Vol. 14, p. 390: „The lord chancellor is not only head of the judiciary in England, but also a minister of State, taking precedence after the archbishop of Canterbury.“ 17 See supra note 5, p. 110. 18 Ibid. , p. 111.

292