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Italian Fascist War Crimes in Ethiopia - Societa italiana di storia ...

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94 Richard Pankhurst<br />

He made, howeve r, one small concession, declar<strong>in</strong>g that “if the <strong>Ethiopia</strong>n<br />

G overnment are able to br<strong>in</strong>g before the Commission any <strong>in</strong>formation re g a rd i n g<br />

war crimes committed aga<strong>in</strong>st their nationals dur<strong>in</strong>g the present wa r, there will<br />

p robably be noth<strong>in</strong>g to prevent them from do<strong>in</strong>g so.” This proviso applied, it will<br />

be perc e i ved, only to a time when there we re virtually no re c o rded <strong>Italian</strong> wa r<br />

crimes, rather than the period of the <strong>in</strong>vasion and early occupation when there<br />

we re many. Yet he circumscribed even that concession, observ<strong>in</strong>g that whether<br />

<strong>Ethiopia</strong> would actually be entitled to offer <strong>in</strong>formation would be “a matter for<br />

decision by all Governments re p resented upon the Commission and not by H.M.<br />

G overnment alone. ”<br />

This remark prompted the legal official, Sir Herbert Malk<strong>in</strong>, to raise two further<br />

po<strong>in</strong>ts, <strong>in</strong> a m<strong>in</strong>ute of 1 November, which illustrate Foreign Office th<strong>in</strong>k<strong>in</strong>g.<br />

Comment<strong>in</strong>g on Allen’s remark that <strong>Ethiopia</strong> might be permitted to<br />

provide <strong>in</strong>formation on crimes “dur<strong>in</strong>g the present war,” he observed:<br />

This rather assumes that the Governments whose representatives compose<br />

the Commission have all recognised the <strong>in</strong>dependence of <strong>Ethiopia</strong>,<br />

but perhaps we need not trouble ourselves about this po<strong>in</strong>t. This also<br />

applies perhaps to the question of any war crimes committed aga<strong>in</strong>st<br />

<strong>Ethiopia</strong>ns dur<strong>in</strong>g the present wa r, but before we had re c o g n i z e d<br />

<strong>Ethiopia</strong>n <strong>in</strong>dependence. 25<br />

This latter proviso, if taken literally, would have negated <strong>Ethiopia</strong>’s right to submit<br />

any evidence. Brita<strong>in</strong> <strong>di</strong>d not recognise <strong>Ethiopia</strong>’s <strong>in</strong>dependence until after<br />

the term<strong>in</strong>ation of hostilities <strong>in</strong> East Africa. By then fight<strong>in</strong>g had ended, and<br />

there could be, by def<strong>in</strong>ition, no war crimes.<br />

Creech Jones’s Question, which had led to this exchange of Foreign Office<br />

notes, was answered on 2 November 1943. The reply was given by the Foreign<br />

Under-Secretary, George Hall, <strong>in</strong> written form, thus prevent<strong>in</strong>g Jones from<br />

mak<strong>in</strong>g any Supplementary Question or back-chat.<br />

Hall’s answer, drafted by Allen, justified <strong>Ethiopia</strong>’s exclusion on the ground<br />

that the commission had been established “some time” earlier, and that ad<strong>di</strong>tional<br />

members, by implication, were not desired. The reply also <strong>in</strong>corporated<br />

Allen’s earlier “concession” that <strong>Ethiopia</strong> could submit evidence about crimes

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