The Turkish Government shall hand over to the Allied Powers or to such one of them as shall so See generally Matas, "Prosecuting Crimes Against Humanity: The Lessons of World War I," 13 Ford. Int'l L. J. 86 (1989). 10. In fact, the treaty did not even address the question of prosecuting war criminals. Treaty of Peace Between the Allied Powers and Turkey (Treaty of Lausanne), 24 July 1923, 28 L.N.T.S. 11, reprinted in 18 Am. J. Int'l L. 1 (1924) (Supp. official documents). See generally, Garner, "Punishment of Offenders Against the Laws and Customs of War," 14 Am. J. Int'l L. 70 (1920). 11. See Convention on the Prevention and Suppression of the Crime of Genocide, 9 December 1948, 78 U.N.T.S. 277, reprinted in 45 Am. J. Int'l L. 7 (1951). Article II defines Genocide as follows: In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group, as such: (a) (b) (c) (d) (e) Killing members of the group; Causing serious bodily or mental harm to members Deliberately inflicting on the group, conditions Imposing measures intended to prevent births within the Forcibly transferring children of the group to another group. On its face, this definition excludes mass killings which are committed without the accompanying intent to destroy a group "in whole or in part." See Bassiouni, "Introduction to the Genocide Convention," in 1 M.C. Bassiouni, International Criminal Law: Crimes 281 (1986). See also, E. Aroneau, Le Crime Contre L'Humanite (1961); P. Drost, The Crime of State (1959); Bassiouni, "International Law and the Holocaust," 9 Cal. W.J. Int'l L. 201, 248 (1978); Lemkin, "Genocide as a Crime Under International Law," 41 Am. J. Int'l L. 145 (1944). 12. Convention for the Creation of an International Criminal Court, opened for signature at Geneva, 16 November 1937, League of Nations 0.J. Spec. in Supp. No. 156 (1938), League of Nations Doc. C.547 (I) M.384 (I) 1937, (1938) (never entered into force); reprinted in M. Hudson, 7 International Legislation (1909-1945), 878 (1972). 13. See Convention for the Suppression of Unlawful Seizure of 14. See International Terrorism and Political Crimes (M.C. Bassiouni ed. 1975); in particular, see "Final Document: Conclusions and Recommendations" (of the participants to the International Conference on Terrorism and Political Crimes, held at the International Institute of Higher Studies in Criminal Sciences, June 4-16, 1973), id., at xi-xxii. 15. Agreement for the Prosecution and Punishment of Major War Criminals of the European Axis (London Agreement), 8 August 1945, 82 U.N.T.S. 279, 59 Stat. 1544, E.A.S. No. 472 (entered into force, 8 August 1945), and the annexed Charter of the International Military Tribunal (Nuremberg). See generally, Trial of the Major War Criminals: Proceedings Before the International Military Tribunal (42 Vols. 1949), known as the "Blue Series," The ensuing trials were published under the title, Trials of War Criminals Before the Nuremberg Military Tribunal (14 Vols. 1949), known as the "Green Series." For an account of the trial and the accused, see E. Davidson, The Trial of the Germans (1966). For a legal appraisal and description of the proceedings, see R. Woetzel, The Nuremberg Trials in International Law (1960); J. Keenan & B. Brown, Crimes Against International Law (1950); S. Glueck, War Criminals, Their Prosecution and Punishment (1944). 16. International Military Tribunal for the Far East: (a) Special Proclamation: Establishment of an International Military Tribunal for the Far East; (b) The Charter of the International Military Tribunal for the Far East, Tokyo, 19 January 1946 (General Order No. 1), as amended 26 April 1946, T.I.A.S. No. 1589, reprinted in 4 Treaties and Other International Agreements of the U.S.A., 1776–1949 20 (C.I. Bevans ed. 1968). 17. "Control Council Law No. 10" (Punishment of Persons Guilty of War Crimes, Crimes Against Peace and Against Humanity), adopted at Berlin, 20 December 1945, Official Gazette of the Control Council for Germany, No. 3, Berlin, 31 January 1946, reprinted in 1 B. Ferencz, An International Criminal Court 488 (1980). See A. Maunoir, La Repression Des Crimes De Guerre Devant Les Tribunaux Francais et Allies (1956); History of the United Nations War Crimes Commission (Wright ed. 1948); Bierzanek, "War Crimes: History and Definition," in 1 A Treatise on International Criminal Law 559 (M.C. Bassiouni and V.P. Nanda eds. 1973); Cowles, "Trial of War Criminals (non-Nuremberg)," 42 Am. J. Int'l L. 299 (1948). In the post-Nuremberg prosecutions conducted in the occupied zones, the U.S. prosecuted 1814 persons (450 executed); the U.K. 1085 (240 executed); France, 2107 (109 executed). See Bierzanek, "War Crimes: History and Definition," in 3 M.C.. Bassiouni, International Criminal Law: Enforcement, (1987). The U.S.S.R. is estimated to have prosecuted over 10,000 persons in Germany. No information is available on the number of persons executed. The United Nations War Crimes Commission also reported a number of other prosecutions in and throughout the European countries at war with Germany in World War II. 18. See Weinschenck, "Nazis Before German Courts: German War Crimes," 10 Int'l L. 515 (1976). 19. The West Nazi and Nazi Collaborators (Punishment) Law 5710 (1950) 4 Laws of the State of Israel No. 64, at 154. See U.N. Yearbook on Human Rights 163 (1950) for the English translation of that law. 20. - Attorney General of Israel v. Eichmann (Israel Dist. Court of Israel 1962), 36 I.L.R. 277 (1962). See generally G. Hauser, Justice in Jerusalem (1966). 21. Extradited from the U.S. to Israel, Matter of Extradition of Demjanjuk, 612 F. Supp. 544 (N.D. Oh. 1985). Demianiuk v. Petrovsky, 776 F.2d 571 (6th Cir. 1985), cert. denied 475 U.S. 1016 (1986). 22. Artukovic v. Rison, 628 F. Supp. 1370 (C.D. Calf. 1986), 784 F.2d. 1354 (9th Cir. 1986). 23. See Matter of Barbie, Gaz. Pal. Jur. 710 (France Cass. Crim. Oct. 6, 1983). See also Le Gunehec, "Affaire Barbie" Gazette du Palais, No. 127-128, 106o anneé, Mercredi 7-Jeudi 8 Mai, 1985; and Angevin, "Enseignements de L'Affaire Barbie en Matiere de Crimes Contre l'Humanité," La Semaine Juridique, 62o anneé, No. 5, 14 Dec. 1988 p. 2149; Doman, "Aftermath of Nuremberg: The Trial of Klaus Barbie," 60 Colo. L. Rev. 449 (1989). 24. On the revocation of naturalization, see 8 U.S.C. § 1451 (1988). See also "Alleged Nazi War Criminals: Hearings Before the Subcommittee on Immigration, Citizenship and International Law of the House Committee on the Judiciary," 95th Cong., 1st Sess. 59 (1977). And see generally, A. Ryan Quiet Neighbors (1984) (examining the issue of war criminals who emigrated to the United States and who now must confront their past). In 25. See Act to amend the Criminal Code, ch. 37, 1987 Can. Stat. 1107. (See in particular § 1.96.). Also, Australia and the United Kingdom have passed or considered similar legislation. Australia: War Crimes Act 1988, No. 3 of 1989, 25 January 1989; In the U.K. see "War Crimes: Report of the War Crimes Inquiry (Presented to Parliament by the Secretary of State for Home Department by Command of Her Majesty, July 1989)." 26. The Queen v. Imre Finta, Court File No. 30/88 (Sup. Ct. of Ontario, 1990). " 27. See Generally Mudge, "Starvation as a Means of Warfare, 4 Int'l Lawyer 228 (1970) [Biafra; Nigeria]; Kampuchea: Decade of the Genocide (R. Kiljunen ed. 1984); Frank & Rodley, "After Bangladesh: The Law of Humanitarian Intervention by Military Force," 67 Am. J. Int'l L. 275 (1973); and "Bangladesh: International Crimes Tribunal," 11 Int'l Comm. Jur. Rev. 29 (N. MacDermot ed. 1973); Paust & Blaustein, "War Crimes Jurisdiction and Due Process: The Bangladesh Experience," 11 Vand J. Trans. L. 1 (1978); The Asia Watch Committee, Khmer Rouge Abuses Along the Thai-Cambodian Border (1989). Also see L. Kuper, Genocide (1981). 28. U.S. v. Calley 46 C.M.R. 1131 (1973), aff'd 22 U.S.C.M.A. 534, 48 C.M.R. 19 (1973); see also 2 L. Friedman, The Law of War: A Documentary History 1703 (1972). 29. Convention on the Prevention and Punishment of the Crime of Genocide, supra note 11, art. IV. 30. See supra note 27. 31. See generally Williams, "The Draft Code Against the Peace and Security of Mankind," in 1 M.C. Bassiouni, International Criminal Law: Crimes 109 (1986). 32. Draft Statute for an International Criminal Court (Annex to the Report of the Committee on International Criminal Court Jurisdiction, 31 August 1951), 7 U.N. GAOR Supp. (No. 11), U.N. Doc. A/2136 (1952), at 23. See also subsequent Reports of the Committee on International Criminal Jurisdiction, U.N. Doc. A/2186 and U.N. Doc. A/2186/Add. 1. The discussions of the Sixth Committee and of the General Assembly until the end of 1952 encompassed all three reports (U.N. Doc. A/2136, U.N. Doc. A/2186, U.N. Doc. 2186/Add.1). See also Historical Survey of the Question of International Criminal Jurisdiction, Memorandum by the Secretary-General, A/CN.4/7/Rev.1 (1949), reprinted in 1 B. Ferencz, An International Criminal Court 399 (1980). The chronology of relevant U.N. documents, reports and resolutions are: Report of the International Law Commission on the Question of International Criminal Jurisdiction, U.N. Doc. A/CN.4/15 (3 March 1950); Report of the International Law Commission to the U.N. General Assembly on the Question of International Criminal Justice, 5 U.N. GAOR Supp. (No. 12), at 18, U.N. Doc. A/1316 (29 July 1950); Report of the Sixth Committee to the U.N. General Assembly concerning the Report of the International Law Commission on the Question of International Criminal Jurisdiction (U.N. Doc. A/1316), 5 U.N. GAOR, U.N. Doc. A/1639 (8 December 1950); Report on the International Criminal Jurisdiction, 7 U.N. GAOR Supp. (No. 11), U.N. Doc. A/2136 (31 August 1951) (Final). 33. Report of the 1953 Committee on International Criminal Jurisdiction to the Sixth Committee, 9 U.N. GAOR Supp. (No. 12), at 23, U.N. Doc. A/2645 (20 August 1953); Report of the Sixth Committee to the U.N. General Assembly considering the (Final) Report of the 1953 Committee on International Criminal Jurisdiction (U.N. Doc. A/2645), 9 U.N. GAOR supp., U.N. Doc. A/2827/Corr. 1 (3 December 1954); U.N. G.A. Res. 898 (X), U.N. Doc. A/RES./266 (14 December 1954) (Tabling the Report of the 1953 Committee on International Criminal Jurisdiction); U.N. G.A. Res. 1187 (XII), 12 U.N. GAOR (11 December 1957) (tabling the Report of the Sixth Committee on International Criminal Jurisdiction, U.N. Doc. A/3771 (16 December 1957). 34. International Convention on the Suppression and Punishment of the Crime of Apartheid, 30 November 1973, U.N. G.A. Res. 3068 (XXVIII), 28 U.N. GAOR Supp. (No. 30), at 75, U.N. Doc. A/9030 (1973), reprinted in 13 I.L.M. 50 (1974), arts. V, IX. 35. U.N. Doc. E/CN.4/AC.22/C.R.P. 19, 25 July 1980, "Study on ways and means of insuring the implementation of international instruments such as the International Convention on the Suppression and Punishment of the Crime of Apartheid, including the establishment of the international jurisdiction envisaged by the Convention," U.N. Doc. E/CN.4/1426, 19 January 1980. See also Bassiouni & Derby, "Final Report on the Establishment of an International Criminal Court for the Implementation of the Apartheid Convention and Other Relevant International Instruments, 9 Hofstra L. Rev. 523 (1981). 36. Resolution 43/164, 9 December 1988 and 44/39, 4 December 1989. And, in particular, see Agenda item 152 entitled "International Criminal Responsibility of Individuals and Entities Engaged in Illicit Trafficking in Narcotic Drugs Across National Frontiers and Other Transnational Criminal Activities Establishment of an International Criminal Court with |