The Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties was a commission established at the Paris Peace Conference in 1919. Its role was to examine the background of the

First World War World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...

, and to investigate and recommend individuals for prosecution for committing war crimes.

Background

During the First World War, the Allied governments had decided to try defeated leaders whom they considered responsible for violations of

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

and the

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. For that purpose, it was decided to establish an expert committee to make recommendations to that effect. Following the conclusion of the Armistice in November 1918, preparations began. The defeated German government officially concurred with the initiative on grounds that:

A complete truthful account of the world conditions and of the negotiations among the powers in July 1914 and of the steps taken at that time by the several governments could and would go far toward demolishing the walls of hatred and misconstruction erected by the long war to separate the peoples.

In addition, the German government proposed the establishment of a neutral committee of experts to study the matter. The Allied governments refused, claiming that:

they he Allied governmentsdo not consider that the German proposal requires any reply as the responsibility of Germany for the war has been long ago incontestably proved.

Composition of the Commission

The commission was established at the conference plenary session of 25 January 1919, and consisted of representatives of the five major Allied powers – the US, the British Empire, France, Italy, and Japan – with the addition of Belgium, Greece, Poland, Romania and Serbia (later:

Kingdom of Serbs, Croats and Slovenes Kingdom commonly refers to: * A monarchy ruled by a king or queen * Kingdom (biology), a category in biological taxonomy Kingdom may also refer to: Arts and media Television * ''Kingdom'' (British TV series), a 2007 British television drama s ...

). Its members were as follows: USA: *

Robert Lansing Robert Lansing (; October 17, 1864 – October 30, 1928) was an American lawyer and diplomat who served as Counselor to the State Department at the outbreak of World War I, and then as United States Secretary of State under President Woodrow Wi ...

United States Secretary of State The United States secretary of state is a member of the executive branch of the federal government of the United States and the head of the U.S. Department of State. The office holder is one of the highest ranking members of the president's Ca ...

James Brown Scott James Brown Scott, J.U.D. (June 3, 1866 – June 25, 1943) was an American authority on international law. Early life Scott was born at Kincardine, Ontario, Canada. He was educated at Harvard University (A.B., 1890; A.M., 1891). As Parker fel ...

British Empire: *

Gordon Hewart Gordon Hewart, 1st Viscount Hewart, (7 January 1870 – 5 May 1943) was a politician and judge in the United Kingdom. Background and education Hewart was born in Bury, Lancashire, the eldest son of Giles Hewart, a draper, and Annie Elizabeth Jo ...

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

* or: Ernest Pollock, Solicitor General *

William Massey William Ferguson Massey (26 March 1856 – 10 May 1925), commonly known as Bill Massey, was a politician who served as the 19th prime minister of New Zealand from May 1912 to May 1925. He was the founding leader of the Reform Party, New Ze ...

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France: *

André Tardieu André Pierre Gabriel Amédée Tardieu (; 22 September 1876 – 15 September 1945) was three times Prime Minister of France (3 November 1929 – 17 February 1930; 2 March – 4 December 1930; 20 February – 10 May 1932) and a dominant figure of ...

, Commissioner General for Franco-American Affairs of War * alternate: Captain R. Masson * Ferdinand Larnaude,

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of the

Paris Law Faculty The Faculty of Law of Paris (french: Faculté de droit de Paris), called from the late 1950s to 1970 the Faculty of Law and Economics of Paris, is the second-oldest faculty of law in the world and one of the four and eventually five faculties ...

Italy: *

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Senator A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

Foreign Minister A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between co ...

after 26 November 1919 * alternates: A. Ricci-Busatti, chief of the claims section in the

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, and Gustavo Tosti,

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* Raimondo * then: G. Brambilla, Counselor of Legation (3 February) * then: M. d'Amelio, counselor to the

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(16 February) Japan: *

Mineichirō Adachi was a Japanese legal expert and President of the Permanent Court of International Justice at the Hague from 1931 until 1934. Early life Adachi was born in what is now the town of Yamanobe, Yamagata, Japan. In 1892, he graduated from the law sch ...

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to Belgium *

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, counselor of the Japanese Embassy in France * then:

Sakutaro Tachi was a Japanese expert on international law. Studied law at Tokyo Imperial University, and graduated in 1897. In 1900–04 studied law in Europe. In 1904 became professor of law at Tokyo Imperial University. In 1919 served as member of the Com ...

, law professor at

Tokyo Imperial University , abbreviated as or UTokyo, is a public research university located in Bunkyō, Tokyo, Japan. Established in 1877, the university was the first Imperial University and is currently a Top Type university of the Top Global University Project by ...

(15 February) Belgium: * Edouard Rolin-Jaequemyns, Secretary General of the Belgian Delegation to the Peace Conference Greece: *

Nikolaos Politis Nikolaos Politis or Nikolaos Polites (also spelled Nicolas Politis; el, Νικόλαος Πολίτης; 1872 in Corfu, Greece – 1942 in Cannes, France) was a Greek diplomat in the early 20th century. He was a professor of law by training, ...

Poland: * Constantin Skirmunt, member of the Polish National Committee * then: Leon Łubieński, member of the Polish National Committee (14 February) Romania: * S. Rosental, legal consultant Serbia (later: Kingdom of Serbs, Croats and Slovenes): * Slobodan Jovanović, law professor at the

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* alternates: Kosta Kumanudi, law professor at the

, and Mileta Novaković, lecturer at the University of Belgrade The Commission was divided into three sub-commissions as follows: * on Criminal Acts, charged with investigating into war crimes allegations * on Responsibility for the War, charged with recommending which individuals to indict for bringing about the war (on the diplomatic level) * on Responsibility for the Violation of the Laws and Customs of War, charged with deciding whom to indict for crimes committed during the war

Recommendations made by the Commission

Majority opinion

The Commission submitted its report on 29 March 1919. It concluded that blame for the war lay in the first instance with the governments of Germany and Austria-Hungary, and secondly with those of Bulgaria and Turkey. It recommended the establishment of an additional commission for a more exhaustive study of the alleged crimes of the defeated powers. It further recommended the establishment of an international tribunal for the prosecution of suspected war criminals, with no immunity from prosecution even for defeated heads of state. It recommended that the tribunal should consist of 22 judges, three from each of the five major powers and an additional six from other countries.

Dissenting opinion by the US delegation

The US delegates submitted their own opinion on 4 April 1919, expressing their reservations on the report. They suggested refraining from prosecuting heads of state, and focusing instead on lower levels of the government and military. They also suggested that defeated leaders or commanders should not be charged with acts not considered criminal at the time of their commission, i.e. that rules of conduct should not be imposed retroactively. They also argued that there should not be a permanent international tribunal for war crimes, but that, following any future war, such a tribunal should be established by the governments of the nations directly affected.

Dissenting opinion by the Japanese delegation

On the same day the US delegation submitted its minority opinion, the Japanese delegation submitted its own reservations. The Japanese delegation's main reservation was about the demand to indict heads of state for violations.Text in "Commission on the Responsibility of the Authors of the War and on Enforcement of penalties" ''American Journal of International Law'', Vol. 14, No. 1 (Jan.-Apr., 1920), pp. 95-154.

Legacy of the Commission

The Commission's recommendations were not carried through at the time. The proposed international tribunal for war crimes was not established, because of the refusal of the German government to cooperate. Instead, a few German individuals accused of war crimes were tried in 1921 at the Leipzig War Crimes Trials by the German authorities themselves. However, the recommendations did bear fruit in the longer term. Following the

Second World War World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposi ...

, two international Allied tribunals were established in

Nuremberg Nuremberg ( ; german: link=no, Nürnberg ; in the local East Franconian dialect: ''Nämberch'' ) is the second-largest city of the German state of Bavaria after its capital Munich, and its 518,370 (2019) inhabitants make it the 14th-largest ...

and

Tokyo Tokyo (; ja, 東京, , ), officially the Tokyo Metropolis ( ja, 東京都, label=none, ), is the capital and largest city of Japan. Formerly known as Edo, its metropolitan area () is the most populous in the world, with an estimated 37.46 ...

to try German and Japanese leaders accused of war crimes. The demand for a permanent tribunal for

crimes against humanity Crimes against humanity are widespread or systemic acts committed by or on behalf of a ''de facto'' authority, usually a state, that grossly violate human rights. Unlike war crimes, crimes against humanity do not have to take place within the ...

continued even after those tribunals had been dissolved, leading eventually to the establishment of the

International Criminal Court The International Criminal Court (ICC or ICCt) is an intergovernmental organization and International court, international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to pro ...

in 2002.

References

External links

List of members of the commission

Commission on the Responsibility of the Authors of the War and on Enforcement of penalties, Report Presented to the Preliminary Peace Conference, 29 March 1919
{{DEFAULTSORT:Commission Of Responsibilities Organizations established in 1919 Treaty of Versailles Paris Peace Conference (1919–1920)