SOAS Research Online

Abstract

The history of international legal institutions has largely ignored the early activities of the United Nations, specifically of the UN War Crimes Commission (UNWCC). Based on an assessment of its work and with access to new archival evidence, contemporary international legal institutional design could benefit significantly from revisiting the commission’s achievements, particularly the principle of complementarity identified in the Rome Statute of the International Criminal Court, and support for domestic tribunals for war crimes and crimes against humanity. The article begins by examining the history, multilateral basis for, and practical activities of the commission. Subsequently, it assesses its contemporary relevance. Finally, it analyses—with reference to modern literature on complementarity—the degree to which the commission’s wartime model provides positive examples of implementation of the principle that could be replicated today, with particular reference to domestic capacity-building and international coordination.