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In the Shadow of the Holocaust Published online by Cambridge University Press: 23 December 2021
This chapter explores the evolution of thinking on war crimes prior to and during the Second World War. The first part of the chapter considers how ’war crimes’ were understood before the Second World War. It discusses the Hague Conventions, the post-World War I settlement, the failure to try Kaiser Wilhelm II, and the legacy of the Leipzig trials. This is followed by an examination of the deliberations on war crimes in different international fora during the war years. The chapter also explores the debate within the Polish Government in Exile that resulted in the passing of war crimes legislation. It is argued that the debates in these fora helped advance understanding of the challenges of war crimes prosecution which, in turn, provided firm foundations for legal discussion and innovation within the UNWCC.
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