From Belgium to The Hague via Berlin and Moscow: documenting war crimes and the quest for international justice, 1919-2019

Abstract

Exploring new sources on the Great War a hundred years after it ended is a unique and exciting experience for any First World War historian. The very nature of the documents that we are dealing with in the present case makes it even more thrilling: hundreds of investigation and prosecution files documenting the invasion and occupation of Belgium, produced by both military and civil jurisdictions in an effort to prosecute war criminals. These fascinating records – repatriated to Belgium from Moscow in 2002 – offer new material on issues such as the German atrocities and everyday life under the occupation, but they also provide highly valuable insights into the history of international criminal law. This exploratory article will trace the unexpected trajectory of these archives, contextualise their creation and highlight some of the treasures they contain. In doing so, this article will attempt to discuss the thorny issue of archive repatriation and the questions this raises from an archival and historical perspective. It also seeks to show that the establishment of an International Criminal Court, despite the fact that it is now being called into question more than ever before, rests on solid and far-reaching historical foundations.