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25 Crim. L.F. 133 (2014)
Shutting down the United Nations War Crimes Commission

handle is hein.journals/crimlfm25 and id is 133 raw text is: Criminal Law Forum (2014) 25:133-146  © Springer Science+Business Media Dordrecht 2014
DOI 10.1007/s10609-014-9224-1
CHRISTOPHER SIMPSON*
SHUTTING DOWN THE UNITED NATIONS WAR CRIMES
COMMISSION
ABSTRACT. This article presents the struggle between factions in the executive
branch of the US government over post-war relations with Eurasia in general and
Germany in particular. It argues that the legal and moral divide between the groups
concerned interpretation of war crimes, crimes against humanity, and the limits of
national sovereignty. It discusses the discontent of members of the UNWCC over US
and UK efforts to close the Commission and how the United Nations dealt with the
remaining UNWCC cases and records.
During World War II, there was a deep split in the executive branch
of the United States (U.S.) government over post-war relations with
Eurasia in general and Germany in particular. This debate was
complex, but it has often been summarized as a factional battle be-
tween Treasury Secretary Henry Morgenthau Jr.1 against a group at
the Department of State featuring the chief Legal Adviser Green
Hackworth2 and assistant secretaries of state Breckinridge Long,3
* Christopher Simpson is a Professor in the School of Communication at Amer-
ican University, Washington DC.
Henry Morgenthau Jr. (1891-1967) was US Secretary of the Treasury (1934-
1945). He was a long-time personal confidant to Franklin Roosevelt and principal
sponsor of the 'Morgenthau Plan' (1944) for post-war Germany. Morgenthau later
became prominent in Jewish-American affairs.
2 Green Hackworth (1883-1973) was the first Legal Adviser to the US Department
of State (1931-1946), then the first US judge at the International Court of Justice
(1946-1962; president 1955-1958). He was author and editor of Digest of Interna-
tional Law, eventually totalling 15 volumes.
3 Breckinridge Long (1881-1958) was Assistant US Secretary of State during
World War II, and widely criticized for highly restrictive immigration policies and
opposition to rescue efforts for Jewish refugees. Although both Morgenthau and
Long were long-time allies of US President Franklin Roosevelt, Morgenthau
regarded Long as anti-Semitic.

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