Statue ofBohdan Khmelnytsky in KyivYasukuni Shrine has been the subject of political controversies due to the war criminals enshrined there.
The reception of individuals guilty of violations ofinternational criminal law after a conflict differs greatly, ranging from bringing them to justice inwar crimes trials to ignoring their crimes or even glorifying them as heroes. Such issues have led to controversies in many countries, including Australia, the United States, Germany, the Baltic states, Japan, and the former Yugoslavia.
A book byMark Aarons argues that Australia has been "a safe haven for war criminals" including Nazis, Khmer Rouge, former Chilean secret police, and those guilty ofwar crimes in the Yugoslav Wars.[1] Some have played a role in Australian politics or the intelligence services.[1][2]
In 2023, former Australian SAS soldier Oliver Schulz was arrested and charged with murdering unarmed Afghan civilianDad Mohammad. He is the first person to be charged in connection with theBrereton Report, a report published by theAustralian Defence Force on war crimes in Afghanistan. Schulz is also the first Australian soldier to ever be charged under Australian law with a war crime. In 2023, Australia's most decorated soldier,Ben Roberts-Smith, lost a defamation suit he filed against several publications which had accused him of being a war criminal. The case is currently under appeal.[3]
FormerPresident of CroatiaIvo Josipović has highlighted that former Yugoslav countries were reluctant to prosecute their own nationals for war crimes because "everybody considers their own people to be heroes and only sees the victims on their own side".[4]
InRepublika Srpska, memorials to victims of theBosnian genocide are forbidden. Instead, memorials are erected to commemorateSerb perpetrators of war crimes such asRadovan Karadžić.[5] Secondary school textbooks discuss Karadžić without mentioning that he was convicted ofwar crimes and genocide.[6] In Serbia, convicted war criminals such asVojislav Šešelj enjoy public support which goes along withBosnian genocide denial as well as denial of other war crimes committed by Serbs.[7][8][9]
Johan Tarčulovski, the onlyMacedonian citizen to be convicted by the ICTY, was elected toParliament in 2016 for the rulingVMRO-DPMNE party. A high-ranking member of the party toldBalkan Insight, "He is our Macedonian hero and we are proud to have him among our ranks. Who best to work for Macedonian interests than Tarčulovski?"[14]
Some German war criminals were put on trial at theNuremberg trials, although most escaped responsibility for their crimes.[16] Today Germany denounces the actions of Nazi war criminals and does not have memorials to them.[17] In contrast, there are manyHolocaust memorials in Germany.[18]
Major Japanese war criminals convicted and executed by theTokyo Trial are enshrined atYasukuni Shrine.[20] Visits to the shrine by Japanese prime ministers have therefore been subjects of controversy.[21]
A number of Nazi war criminals immigrated to various countries in Latin America, includingJosef Mengele,Klaus Barbie, andFranz Stangl.[22] In 1961, Argentina protested against Israel's abduction ofAdolf Eichmann, who was responsible for the deaths of millions of Jews, and initially demanded his return to Argentina. Before his abduction, Eichmann openly discussed his crimes with other German immigrants.[23][24] Following his arrest a wave of antisemitic attacks were committed againstArgentine Jews.[23]
Controversy has arisen around figures such asAdolfas Ramanauskas,Jonas Noreika, andJuozas Ambrazevičius, who are viewed as heroes due to opposing Soviet aggression against Lithuania but who have been accused of Nazi collaboration.[27][28][29] Noreika's involvement in the mass murder of Jews has been proven beyond any doubt. He directly gave the order to carry out thePlungė massacre, in which 1,700 Jewish men, women, and children were killed. In 1997, Noreika, who was executed by the Soviets in 1947, was posthumously theOrder of the Cross of Vytis by the Lithuanian government.[30]
In 2019,Omar al-Bashir, who was previouslyindicted by theInternational Criminal Court for genocide, war crimes, and crimes against humanity during theDarfur conflict, was deposed asPresident of Sudan and arrested.[35] In December 2019, he was convicted of corruption and sentenced to two years' imprisonment.[36] As of October 2020, the Sudanese government is exploring the possibility of a hybrid tribunal to try al-Bashir and others for war crimes.[35]
There are competing legacies ofBohdan Khmelnytsky, who is viewed as a national hero by some but who led an uprising that involved widespread massacres of Jews.[38] The World War II-eraUkrainian Insurgent Army (UPA) is also controversial, being viewed by some Ukrainians as a national movement. However, the UPA in collaboration with the Nazis was responsible for mass killings of Jews and Poles duringthe Holocaust in Ukraine. Renaming of streets after Nazi collaborators and erection of monuments to them has been criticized by civil society groups.[39][40]
Twenty soldiers were awarded theMedal of Honor, the United States' highest military honor, for alleged "gallantry" and "bravery" during the 1890Wounded Knee Massacre in which hundreds of Lakota civilians were killed.[41] In 2019, SenatorsElizabeth Warren andJeff Merkley introduced a bill to revoke the medals.[41]
PresidentDonald Trump's use of pardon powers to pardon soldiers convicted of or charged with war crimes has attracted criticism.[44][45][46] According to law professor Stuart Ford, some of the pardons are illegal under international law, which requires that countries hold war criminals accountable.[47]
^Pettigrew, David (2018). "The Suppression of Cultural Memory and Identity in Bosnia and Herzegovina".Multidisciplinary Perspectives on Genocide and Memory. Springer International Publishing. pp. 187–198.ISBN978-3-319-65513-0.
^Ramet, Sabrina P. (2007). "The denial syndrome and its consequences: Serbian political culture since 2000".Communist and Post-Communist Studies.40 (1):41–58.doi:10.1016/j.postcomstud.2006.12.004.
^Kazyrytski, Leanid (2016). "Latvian SS-Legion: Past and Present. Some Issues Regarding the Modern Glorification of Nazism".Criminal Law Forum.27 (3):361–385.doi:10.1007/s10609-016-9286-3.S2CID148160519.
Pedaliu, Effie G.H. (2004). "Britain and the 'Hand-Over' of Italian War Criminals to Yugoslavia, 1945–48".Journal of Contemporary History.39 (4):503–529.doi:10.1177/0022009404046752.S2CID159985182.
Ristić, Katarina (2018). "The Media Negotiations of War Criminals and Their Memoirs: The Emergence of the "ICTY Celebrity"".International Criminal Justice Review.28 (4):391–405.doi:10.1177/1057567718766218.S2CID149665526.
Stover, Eric; Peskin, Victor; Koenig, Alexa (2016).Hiding in Plain Sight: The Pursuit of War Criminals from Nuremberg to the War on Terror. University of California Press.ISBN978-0-520-27805-9.
Wilson, Sandra; Cribb, Robert; Trefalt, Beatrice; Aszkielowicz, Dean (2017).Japanese War Criminals: The Politics of Justice After the Second World War. Columbia University Press.ISBN978-0-231-54268-5.