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The United Nations War Crimes Commission and
Sabina Ferhadbegovi |
sabina.ferhadbegovic@uni-jena.de
it is important to analyse the impact of international discussions on the Yugoslav crim
London and the communist led Anti Council for the National
and the communist led State commission to investigate the crimes of the occupiers
and their accomplices who took the active role and shaped the Yugoslav war crimes
pre
Yugoslav government in exile
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1
After the invasion of Yugoslavia in April 1
communistled
leaders contested the legitimacy of the Yugoslav government in exile from the
At
war crimes policy it is important to analyse the impact of international dis
view of Yugoslavia`s two representatives at the
ivkovi
communistled
Anti
The third part examines how the Yugoslav war crimes policy changed after the
creation of the united Yugoslav coalition government in 1944 and the commu
2
1941
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even expressed hope that the sol
But
The corre
and
Although the government decided to form
the committee to investigate the punishment of war criminals in October 1
was appointed as Yugoslav representative to the Allied Commission for the
the ministers did not discuss which objec
should pursue regarding the punishment of war crimes in
minister appealed to Krnjevi’s ‘morality’ to understand that ‘in Belgrade it
would be hard to understand that a Croat is leading the case to punish the
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James’s Palace, London, on 13th January, 1942, and Relative Documents
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of the šiZapisnici sa
sednica Ministarskog saveta Kraljevine Jugoslavije 1941–1945
T
iZapisnici sa sednica
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should also become a member
‘the Yugoslav government in exile was not able to conduct any serious busi
on the main lines of state policy even when the British government asked for
Before the
idar Puri
Milanovi to the The
representatives were all diplomats and intended merely to represent a tem
and how he represented Yugoslavia before the
? Milanovi
3
the ivkovi
received a diploma from the cole Libre des Sciences Politiques and in 1922
é
worked as a
iZapisnici sa sednica
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and chargé
Milanovi
engagement with the was nothing more than one duty among many
Milanovi
police of the satellite countries had committed in Yugoslavia the same kind of
He called
recom
mended ‘that the draft article which the Commission had recommended for
Cecil Hurst and Milanovi drew up an agreed
Stevan K ilo Nini and the European Policy of the Yugoslav
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8 August 1Amendment C
a member of the Yugoslav delegation during the Interallied
942
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that the British
sev
March 1 ivkovi
It is little known about the man who was holding a key position at the
short biography in the History of the ivkovi was professor
agrégé Existing documents
But ivkovi was not a distinguished expert on international
he was a part of the circle established by the famous Serbian jurist ivojin
Peri
War and left Yugoslavia for Cape Town after the occupation in 1941 ivkovi
ivkovi
March 3 i
Zapisnici sa sednica ivkovi six months to apply to the position
at the M
Meeting held on
History of the
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ivojin Peri
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representative at the
ivkovi
er as well as
to Milan Bartoš
Commission and later Yugoslav representative of the Then meanwhile
3
3943
annihilated all legal regulations proclaimed ‘by the occupiers and
their collaborators’ as well as all legal regulations that applied before the
During the same session proclaimed the building of the
Yugoslav State Commission to investigate crimes committed by the occupiers
the
The State Commission’s objective was to ‘determine the responsibility of
all persons responsible for crimes that were committed in Yugoslavia on the
ivojin Peri
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ina okupatora I njihovih pomaga
1
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missioned to gather all information about
illtreatment
illtreatment of
goods and of acts which contributed to the commission of any of the
bered later that he was trying to link the work of the State Commission to the
As
of the war crimes adopted by the
mulations which can be connected to the Soviet model of Aron Trainin and his
It would be easy to sug
gest that Yugoslav communists were simply ideologically reproducing Soviet
concepts when incorporating the ‘extermination of peaceful inhabitants’ or
‘illtreatment
Hitlerite Responsibility under Criminal Law
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December 1941
It was not until the end of May 1944 that the
cause and were conspiring with the occupiers’ were to be charged as ‘enemies
evi
The original impulse was to cre
ate a legal instrument that could hold the perpetrators responsible for atroci
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multiethnic
legal distinction between ‘war criminals’ and ‘enemies of the people’ repro
misled by ‘domestic traitors’ and had therefore unintentionally become trai
Mitläufer although the
4 in London
With the cooperation between the government in exile and Tito’s in
944 the Yugoslav performance before the
was surely ivkovi
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š
Control Council Directive
31 October 1
Documents on Germany under Occupation,
1945–1954
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Yugoslav representative to the
the communists followed a clear agenda and instructed ivkovi unambigu
ivkovi
šan Nedeljkovi
to Belgrade and to coordinate his work with the State Commission
ivkovi followed the order and even signed his reports over to
and the ‘records
communists gained direct insight into the discussions of the
were developing the idea of ‘crimes against humanity’ and ‘crimes against
and the lists
in its
subcommissions
recommendations
The
and Bartoš came to London and learned hand about the Allied concept of
They learned about the idea of the simul
taneous operating by the
they would have to act within the framework of the and make appro
Modern Intellectual History
unwccnationalconferencelondonmayjuneminutesanddocuments
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which was proclaimed on 15 August 1
Terms such as ‘enemies of the people’
Article 3 declared the following as being guilty of
circumstances was responsible for any denunciation resulting in any of
Yugoslav subjects and prisonersofwar
Article 3
which prosecuted cases of sexual and genderbased crimes before national and
military tribunals and which brought charges against rape before the
dr 1 September 1
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to commit acts outlined in this law shall be punishable as a complete crimi
membership of the
ivkovi
played a more active role than Milanovi
before the
May 1945 he pro
by E
war crimes committed against the nationals of the Allies and he stressed that
the crimes committed by the Italian armed forces and occupation authori
ivkovi
in Italian war crimes’ and complained that ‘the Allies had been in control in
Immediately
1 944 to
The British and American
and it was
agreed that ivkovi’s proposal should be referred to Committee for consid
ivkovi nor the Yugoslav
M
1
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postwar
war criminals and the YugoslavItalian
Although Tito and
Churchill agreed to the demarcation line between Italy and Yugoslavia and
the focus was on proving to the Allies that those
started after
The suggestion
of the war crimes and crimes against humanity executed by the Italians before
ivkovi accepted
his and E
During its existence the listed more
None of them was put on trial in
ecution of war criminals in the aftermath of the
5
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The Birth of the New Justice: The Internationalization of
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24 October 1
25 November 2
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path to assuring the Allies that they were a reliable partner in international
created knowledge and the Yugoslav com
’s ideas
based on hearsay and direct evidence regarding what witnesses themselves
to be ‘less technical than those governing the proceedings of courts conducting
but the State Commission
submitted unsigned testimonies in an oralhistory
Documents show that the played an important role in the devel
ivkovi
did his best to establish a close connection between the and the State
onesided regarding both the
of the
to become a reliable partner in international politics by taking the chance to
trials were organised in the ideologically high loaded postwar and postcivil
war
‘Case Law Reports of Trials of War Criminals 4
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Blkov PostSecond
Historical Origins of International Criminal Law
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Prelude to Nuremberg: Allied War Crimes Policy and the Question of
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NationBuilding
The Routledge History of the Holocaustriedman
Im Schatten des Weltkrieges. Massengewalt der Ustaša gegen Serben,
Juden und Roma in Kroatien 1941–1945
Modern Intellectual
History
The Birth of the New Justice: The internationalization of Crime and Punish-
ment, 1919–1950
Retrospectives 2
NešoviRad zakonodavnih odbora Pretsedništva AVNOJ-a I Privremene
narodne skupštine DFJ štamparsko
Stevan K ilo Nini and the European Policy of the Yugoslav
` The Slavonic and East European Review
Journal of Contemporary History
Handover
Journal of Contemporary History
1
š i Zapisnici sa sednica Ministarskog saveta
Kraljevine Jugoslavije 1941–1945
25 November 2
Serbia under the Swastika. A World War II Occupation
Documents on Germany under Occupation, 1945–1954
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The InterAllied
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Hitlerite Responsibility under Criminal Law
History of the UNWCC and the Development of the Laws of War
History of the United Nations War Crimes
Commission and the Development of the Laws of War
Andrew TA Passing Fury. Searching for Justice at the End of World War II
Punishment for War Crimes: The Inter-Allied Declaration Signed
at St. James’s Palace, London, on 13th January, 1942, and Relative Documents
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Yugoslav Communism: A Critical Study.
ivkoviProblem pravde prirode ugovora o radu u svetlosti savremenog
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Archival Sources
ivojin Peri
Investigate Crimes Committed by the Occupiers and their Collaborators on the
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