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Accountability for War Crimes in the Policy of the Polish Government-in-Exile
A Legal and Historical Analysis
Series: - Legal History Library, Volume: 85/32
- Studies in the History of International Law, Volume: 85/32
Author:
This book excavates the often neglected role of the Polish government-in-exile within the Allied war crimes trial programme and post-1945 international law. Drawing on newly examined archival sources and biographies of key émigré lawyers, it reveals how Polish and other European jurists helped define the concept of accountability for wartime atrocities long before the Allies convened at Nuremberg. Combining legal and historical approaches, this book traces the Central and Eastern European influences on the UN War Crimes Commission and Allied policy, showing how their ideas about justice, responsibility, victimâs perspective, and law continue to resonate in modern interpretations of the legacy of Nuremberg.
Dominika Uczkiewicz, Ph.D. (2020), University of WrocÅaw, is a lawyer and historian working as an assistant professor at the Centre for Totalitarian Studies at the Pilecki Institute in Warsaw. Her research interests include transitional justice, legal history, international criminal law, and war crimes trials after the Second World War. Recently, she co-edited The Russian-Ukrainian Conflict and War Crimes. Challenges for Documentation and International Prosecution (Routledge, 2024).
Contents
List of Charts and Table
Introduction
1 The History
â1 The History
â2 Development of International Criminal Law before 1939
â3 In a Reborn Poland
ââ3.1 The Makarewicz Code (1932)
ââ3.2 In the Universities of the Second Polish Republic
2 The Early Making of the Government-in-Exileâs War-Crimes Policy
â1 The German and Soviet Crimes
â2 First Protest Notes and Attempts to Win Allied Support for the Polish Proposals
â3 Official Reports and the Information Campaign
â4 The Government Structures Responsible for the Implementation of Polish War-Crimes Policy
ââ4.1 Cabinet Committee for Home Affairs
ââ4.2 The Ministry of Information and Documentation (Centre for Information and Documentation)
ââ4.3 Ministry of the Interior
ââ4.4 Ministry of Foreign Affairs
ââ4.5 Inter-Ministerial Commissions for German Affairs
ââ4.6 The Ministry of Justice
ââ4.7 Ministry of Preparatory Works
3 The Agency of Small States: Declaration of St. Jamesâs Palace of 13 January 1942
â1 The Draft Joint Declaration of the British Government and Governments of Occupied States
â2 Conferences of Governments of Occupied States and Works on the Text of a Joint Declaration on German Crimes
â3 The Declaration of St. Jamesâs Palace
â4 A Tightening of Cooperation among Governments of Occupied States
â5 The Inter-Allied Commission on the Punishment of War Crimes
â6 The Information Campaign of 1942: Towards a Common War-crimes Policy of the Allies
4 Documenting the Crimes
â1 A Systematic Approach
â2 The âGerman Archiveâ
â3 The War Crimes Office of the Polish Government-in-Exile
ââ3.1 The Draft Decree of the President of the Republic of Poland on Gathering and Securing the Evidence of War Crimes
ââ3.2 Polish War Crimes Office: Section for Crimes Committed against the Jewish Population
ââ3.3 The Activities of Polish War Crimes Office Delegation in Scotland
ââ3.4 The Establishment of Groups of Liaison Officers for War Crimes at the SHAEF
â4 Investigative Commissions of the Ministry of Justice
â5 The Polish Source Institute in Lund
5 Legislative Works and Their Reception in Legal Circles
â1 The Law vis-Ã -vis âStatutory Lawlessnessâ
â2 The Ministry of Justice: The Concepts of WacÅaw Komarnicki
ââ2.1 Legislation for the Transitional Period
â3 Works on the Text of the Decree of the President of the Republic of Poland on Criminal Responsibility for War Crimes
ââ3.1 Inter-Ministerial Conferences on the âResponsibility of Germans for Criminal Offences Committed in Occupied Territoriesâ
ââ3.2 Debate on the Text of the Decree in Section V for Criminal Procedure and Prisons and in the Plenary Meetings of the Legislative Works Commission
ââ3.3 Debate on the Decree in the Plenary Meeting of the Legislative Works Commission on 29 May and 3 June 1942
ââ3.4 Special Meeting of Section V of the Legislative Works Commission
ââ3.5 Lex retro non agit? Debate on the Text of the Decree in the Plenary Meetings of the Council of Ministers â JulyâOctober 1942
ââ3.6 Deliberations of the LegalâPolitical Committee of the NationalCouncil of the Republic of Poland and Redaction of the Final Text of the Decree
â4 The Position of the Department of Justice of the Government Delegation for Poland, and Initiatives from Occupied Poland
ââ4.1 Underground Courts and âCivic Morality Codeâ
ââ4.2 Draft Decree on the Punishment of Certain Criminal Offences Committed while under Enemy Invasion
â5 The Three Decrees
â6 Reception in the Legal and Academic Circles of the Ãmigrés
ââ6.1 The Polish Lawyers Association in the United Kingdom
ââ6.2 Polish Ãmigré Legal Associations Outside of the United Kingdom
ââ6.3 Selected Publications
6 Cooperation between the Polish Government-in-Exile and the United Nations War Crimes Commission
â1 The Works of the Cambridge Commission on Penal Development and Reconstruction and of the London International Assembly
â2 The Establishment and Works of the United Nations War Crimes Commission
â3 Cooperation between the Polish Government-in-Exile and the United Nations War Crimes Commission
â4 Definition of War Crimes and Principles of Individual Liability
â5 Characteristic of Polish Indictments
â6 Evaluation of the Work of Litawskiâs Office
â7 Towards Nuremberg
Conclusion
Bibliography
Index
List of Charts and Table
Introduction
1 The History
â1 The History
â2 Development of International Criminal Law before 1939
â3 In a Reborn Poland
ââ3.1 The Makarewicz Code (1932)
ââ3.2 In the Universities of the Second Polish Republic
2 The Early Making of the Government-in-Exileâs War-Crimes Policy
â1 The German and Soviet Crimes
â2 First Protest Notes and Attempts to Win Allied Support for the Polish Proposals
â3 Official Reports and the Information Campaign
â4 The Government Structures Responsible for the Implementation of Polish War-Crimes Policy
ââ4.1 Cabinet Committee for Home Affairs
ââ4.2 The Ministry of Information and Documentation (Centre for Information and Documentation)
ââ4.3 Ministry of the Interior
ââ4.4 Ministry of Foreign Affairs
ââ4.5 Inter-Ministerial Commissions for German Affairs
ââ4.6 The Ministry of Justice
ââ4.7 Ministry of Preparatory Works
3 The Agency of Small States: Declaration of St. Jamesâs Palace of 13 January 1942
â1 The Draft Joint Declaration of the British Government and Governments of Occupied States
â2 Conferences of Governments of Occupied States and Works on the Text of a Joint Declaration on German Crimes
â3 The Declaration of St. Jamesâs Palace
â4 A Tightening of Cooperation among Governments of Occupied States
â5 The Inter-Allied Commission on the Punishment of War Crimes
â6 The Information Campaign of 1942: Towards a Common War-crimes Policy of the Allies
4 Documenting the Crimes
â1 A Systematic Approach
â2 The âGerman Archiveâ
â3 The War Crimes Office of the Polish Government-in-Exile
ââ3.1 The Draft Decree of the President of the Republic of Poland on Gathering and Securing the Evidence of War Crimes
ââ3.2 Polish War Crimes Office: Section for Crimes Committed against the Jewish Population
ââ3.3 The Activities of Polish War Crimes Office Delegation in Scotland
ââ3.4 The Establishment of Groups of Liaison Officers for War Crimes at the SHAEF
â4 Investigative Commissions of the Ministry of Justice
â5 The Polish Source Institute in Lund
5 Legislative Works and Their Reception in Legal Circles
â1 The Law vis-Ã -vis âStatutory Lawlessnessâ
â2 The Ministry of Justice: The Concepts of WacÅaw Komarnicki
ââ2.1 Legislation for the Transitional Period
â3 Works on the Text of the Decree of the President of the Republic of Poland on Criminal Responsibility for War Crimes
ââ3.1 Inter-Ministerial Conferences on the âResponsibility of Germans for Criminal Offences Committed in Occupied Territoriesâ
ââ3.2 Debate on the Text of the Decree in Section V for Criminal Procedure and Prisons and in the Plenary Meetings of the Legislative Works Commission
ââ3.3 Debate on the Decree in the Plenary Meeting of the Legislative Works Commission on 29 May and 3 June 1942
ââ3.4 Special Meeting of Section V of the Legislative Works Commission
ââ3.5 Lex retro non agit? Debate on the Text of the Decree in the Plenary Meetings of the Council of Ministers â JulyâOctober 1942
ââ3.6 Deliberations of the LegalâPolitical Committee of the NationalCouncil of the Republic of Poland and Redaction of the Final Text of the Decree
â4 The Position of the Department of Justice of the Government Delegation for Poland, and Initiatives from Occupied Poland
ââ4.1 Underground Courts and âCivic Morality Codeâ
ââ4.2 Draft Decree on the Punishment of Certain Criminal Offences Committed while under Enemy Invasion
â5 The Three Decrees
â6 Reception in the Legal and Academic Circles of the Ãmigrés
ââ6.1 The Polish Lawyers Association in the United Kingdom
ââ6.2 Polish Ãmigré Legal Associations Outside of the United Kingdom
ââ6.3 Selected Publications
6 Cooperation between the Polish Government-in-Exile and the United Nations War Crimes Commission
â1 The Works of the Cambridge Commission on Penal Development and Reconstruction and of the London International Assembly
â2 The Establishment and Works of the United Nations War Crimes Commission
â3 Cooperation between the Polish Government-in-Exile and the United Nations War Crimes Commission
â4 Definition of War Crimes and Principles of Individual Liability
â5 Characteristic of Polish Indictments
â6 Evaluation of the Work of Litawskiâs Office
â7 Towards Nuremberg
Conclusion
Bibliography
Index
This book is addressed to scholars and students interested in legal history, international (criminal) law, Central and Eastern European history, transitional justice, and Cold War studies.