CONFIDENTIAL»
SOT FOR PUBLICATION.
UTEBRNATIONAL COMMISSION
FOR PENAL RECONSTRUCTION AND DEVKLQPHEBT
COMMITTEE ON TEE ESTABLISHMENT OF A PROPER CRIMINAL JUSTICE IN
AXIS COUNTRIES, AND THOSE UNDER THEIR CONTROL*
PURL: https://www.legal-tools.org/doc/b95384/
t.l.
CONFIDENTIAL:
NOT FOR PUBLICATION
INTERNATIONAL
COMMISSION
FOR
PENAL RECONSTRUCTION AH)
DEVELOPMENT
COMMITTEE ON THE ESTABLISHMENT OF 'A PROPER CRIMINAL JUSTICE IN
AXIS COUNTRIES, AND THOSE UNDER THEIR CONTROL.
Ono of tho major tasks vrhioh will confront tho United Nations when tho
War is brought to a victorious conclusion, is to tako tho nocessary moasures
to provent a ropotition on tho part of tho Axis Powers of thoir aggression.
Wo know that in many responsible quarters tho groatost importance is attached
to this aspect of post-war policy*
To tako two instances only:
It is
thought that Socurity Moasuros will have to bo taken to prevent Germany's
industrial powers from working for purposos of ro-armamant.
It is also
thought that it is no less important to tako tho appropriate measures in
rolation to the future educational system of Germany.
In considering this
policy, criminal- justice should not bo left out of sight.
I imagine that
no one will deny the truth of the observation that Dr Radzinowioz and I made
when editing the Proceedings of the first Conference of our Commission,
namely that "It was no accident that tho violations of international law
which the world has witnessed in the last ton years have been accompanied,
and indeed preceded by violations of the principles of criminal justice
(1)
in tho municipal systems of the oountries under Axis influenco".
Wo -were glad to notioe that in a reoont publication issued by the Royal
Institute of International Affairs which deals with tho problem of Germany,
this aspect of our future policy in regard to Germany has not been over­
looked.
Thus wo road in this constructive report tho following:
"Tho suppression of personal freedom in a powerful country like Germany
naturally represents a fearful danger for her neighbours, since violations
against the rights of tho individual oitison is apt to bo a preparation
(2 )
for external aggression"
v «Proceedings of
1941 between nino
in tho University
(2 )
Tho Problem of
University Pross,
Penal Reconstruct!on and Dovelopmont, hold on 14 November,
allied councrioa and of tho Department of Criminal Soienco
of Cambridge, edited by L, Radzinowioz and J.W .C. Tumor, p .2.
Germany, Rcyal Institute of International Affairs, Oxford
1943, pe40.
PURL: https://www.legal-tools.org/doc/b95384/
Tho sane observation can bo applied to other Axis Powers*
It will be
imperative onoe the war is over to see the complete liquidation of the penal
system introduced by the Nazi and Fasoist Governments, and a re-establishment
of a proper criminal justice.
This penal reconstruction must take place
not only in the Axis countries, but also in all those wbioh are either
controlled or influenced by them.
That task, in order adequately to be
fulfilled must bo preoeded by the collection of reliable and comprehensive
material, showing tho changes which the Axis Powers have introduced in the
penal system of their respeotive countries.
This is tho purpose of a Committee whioh we propose to set up and I
thoreforo have the honour to move:
"That this Conforonco hereby sets up a Conmitteo for tho
Establishment of a Propor Criminal Justice in Axis countries and others
undor their oontrol” .
If the Conforenoo adopts this resolution in duo oourse tho members
will bo consulted as to the composition of tho Committee and the procedure
that is to toe pursuod.
PURL: https://www.legal-tools.org/doc/b95384/