Published online by Cambridge University Press: 05 July 2011
In 1989, the Canadian Department of Justice asked me to serve as its legal expert in R. v. Finta, Canada's first prosecution of crimes against humanity under a 1987 statute incorporating this international crime into Canadian criminal law. In this capacity I worked with the prosecution team for several months, prepared extensive memoranda of law, and testified before the trial court for four full, grueling days. It was one of my life's most gratifying and worthwhile experiences, one that I will never forget.
The Canadian statute, which is retrospective but not retroactive, (sic) requires inter alia that crimes against humanity be established under international law at the time that the alleged crime was committed, and that the specific crime charged under it also constitute a violation of Canadian criminal law at the time that the alleged criminal conduct occurred. These two requirements make it very difficult for the prosecution to succeed. This case was the only one brought under that law, and it revealed the difficulties in its application.
This first and last case involved a former Hungarian Gendarmerie Captain, Imre Finta, then a naturalized Canadian citizen, who was charged, inter alia, with the deportation of 8,617 Jews from Szeged, Hungary, to Auschwitz, Poland, and Strasshof, Austria, in June 1944 as part of the Nazi plan to exterminate the Jews of Europe. No one knows how many of these deportees died in transit, in the death camps, or under slave-labor conditions.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.