The Supreme Court of Judicature (Amendment) Act 1938 authorised the appointment of three additional
Lords Justices of Appeal to create a permanent third division of the
Court of Appeal. In October 1938, Finlay was appointed as one of the three new Lords Justices and was sworn of the
Privy Council the following month. During the
Second World War, he was seconded from the Court of Appeal to chair the Contraband Committee of the
Ministry of Economic Warfare, an appointment which reflected his work during the First World War. Finlay was promoted to be a
Knight Grand Cross of the Order of the British Empire (GBE) in the
1945 New Year honours list. The same year, he was chosen as the British representative to the
United Nations War Crimes Commission, in succession to
Sir Cecil Hurst, whose health had broken down and who was frustrated at the British government's failure to respond to the commission's proposals for the prosecution of war criminals. The relationship between the Commission and the British government was at a low point: there was a general feeling that the British were uninterested in the commission's work, and the Norwegian government had withdrawn from the Commission out of frustration. Finlay was proposed as a candidate by
Sir William Malkin, the
Foreign Office Legal Adviser, who wanted to appoint a prominent figure to show that the British government attached importance to the commission's work. Finlay was also appointed chairman of a British war crimes inter-departmental committee. It was pointed out in
Whitehall that Finlay "would be personally responsible for making the British machine work and could not therefore possibly accuse the Foreign Office or
HMG generally for unnecessary delays, following the example of Sir Cecil Hurst." Finlay was met with obstruction from certain parts of the government. For instance, a proposal to have German
prisoners of war interrogated at the
London Cage on war crimes was vetoed by
Patrick Dean at the
Foreign Office on the grounds that to ask them anything more than their name, rank, and number would breach the
Geneva Conventions. Finlay also complained that the
British Army was so disorganised that it had allowed important evidence of war crimes to be lost. Finlay's health was affected by a trip to
Buchenwald concentration camp with the UN War Crimes Commission in April 1945. He continued to work after his return, but "admitted to friends that he never really felt well again". He died on 30 June 1945, in a nursing home in
Redhill, Surrey, whereupon his peerages became extinct. He had been widely expected to be the British choice for appointment to the new
International Court of Justice. == Character and assessment ==