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"The unique features of the American system of justice - which allowed it to handle claims that originated over fifty years ago and in another part of the world - made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers. Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored."--BOOK JACKET.
Author : Norman J. W. Goda Publisher : Berghahn Books Page : 352 pages File Size : 42,6 Mb Release : 2017-12-29 Category : History ISBN : 9781785336980
Rethinking Holocaust Justice by Norman J. W. Goda Pdf
Since the end of World War II, the ongoing efforts aimed at criminal prosecution, restitution, and other forms of justice in the wake of the Holocaust have constituted one of the most significant episodes in the history of human rights and international law. As such, they have attracted sustained attention from historians and legal scholars. This edited collection substantially enlarges the topical and disciplinary scope of this burgeoning field, exploring such varied subjects as literary analysis of Hannah Arendt’s work, the restitution case for Gustav Klimt’s Beethoven Frieze, and the ritualistic aspects of criminal trials.
In the fall of 1992, in a small room in Boston, MA, an extraordinary meeting took place. For the first time, the sons and daughters of Holocaust victims met face-to-face with the children of Nazis for a fascinating research project to discuss the intersections of their pasts and the painful legacies that history has imposed on them. Taking that remarkable gathering as its starting point, Justice Matters illustrates how the psychology of hatred and ethnic resentments is passed from generation to generation. Psychologist Mona Weissmark, herself the child of Holocaust survivors, argues that justice is profoundly shaped by emotional responses. In her in-depth study of the legacy encountered by these children, Weissmark found, not surprisingly, that in the face of unjust treatment, the natural response is resentment and deep anger-and, in most cases, an overwhelming need for revenge. Weissmark argues that, while legal systems offer a structured means for redressing injustice, they have rarely addressed the emotional pain, which, left unresolved, is then passed along to the next generation-leading to entrenched ethnic tension and group conflict. In the grim litany of twentieth-century genocides, few events cut a broader and more lasting swath through humanity than the Holocaust. How then would the offspring of Nazis and survivors react to the idea of reestablishing a relationship? Could they talk to each other without open hostility? Could they even attempt to imagine the experiences and outlook of the other? Would they be willing to abandon their self-definition as aggrieved victims as a means of moving forward? Central to the perspectives of each group, Weissmark found, were stories, searing anecdotes passed from parent to grandchild, from aunt to nephew, which personalized with singular intensity the experience. She describes how these stories or "legacies" transmit moral values, beliefs and emotions and thus freeze the past into place. For instance, cdxfmerged that most children of Nazis reported their parents told them stories about the war whereas children of survivors reported their parents told them stories about the Holocaust. The daughter of a survivor said: "I didn't even know there was a war until I was a teenager. I didn't even know fifty million people were killed during the war I thought just six million Jews were killed." While the daughter of a Nazi officer recalled: "I didn't know about the concentration-camps until I was in my teens. First I heard about the [Nazi] party. Then I heard stories about the war, about bombs falling or about not having food." At a time when the political arena is saturated with talk of justice tribunals, reparations, and revenge management, Justice Matters provides valuable insights into the aftermath of ethnic and religious conflicts around the world, from Rwanda to the Balkans, from Northern Ireland to the Middle East. The stories recounted here, and the lessons they offer, have universal applications for any divided society determined not to let the ghosts of the past determine the future.
Holocaust, Genocide, and the Law by Michael Bazyler Pdf
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
Holocaust, Genocide, and the Law by Michael Bazyler,Michael J. Bazyler Pdf
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
The stories of thirty war criminals who escaped accountability, from a historian praised for his “well written, scrupulously researched” work (The New York Times). This deeply researched book traces the biographies of thirty “typical” perpetrators of the Holocaust—some well-known, some obscure—who survived World War II. Donald M. McKale reveals the shocking reality that the perpetrators were rarely, if ever, tried or punished for their crimes, and nearly all alleged their innocence in Germany’s extermination of nearly six million European Jews. He highlights the bitter contrasts between the comfortable postwar lives of many war criminals and the enduring suffering of their victims, and how, in the face of exhaustive evidence showing their culpability, nearly all claimed ignorance of what was going on—and insisted they had done nothing wrong. “McKale ends the book with a haunting question: whether life would be different today if the Allies had pursued Holocaust criminals more aggressively after WWII. History buffs and students of the Holocaust will be fascinated.” ―Publishers Weekly “Gripping and important reading.” —Eric A. Johnson, author of What We Knew
In 1963, West Germany was gripped by a dramatic trial of former guards who had worked at the Nazi death camp Auschwitz. It was the largest and most public trial to take place in the country and attracted international attention. Using the pretrial files and extensive trial audiotapes, Rebecca Wittmann offers a fascinating reinterpretation of Germany’s first major attempt to confront its past. Evoking the courtroom atmosphere, Wittmann vividly recounts the testimony of survivors, former SS officers, and defendants—a cross-section of the camp population. Attorney General Fritz Bauer made an extraordinary effort to put the entire Auschwitz complex on trial, but constrained by West German murder laws, the prosecution had to resort to standards for illegal behavior that echoed the laws of the Third Reich. This provided a legitimacy to the Nazi state. Only those who exceeded direct orders were convicted of murder. This shocking ruling was reflected in the press coverage, which focused on only the most sadistic and brutal crimes, allowing the real atrocity at Auschwitz—mass murder in the gas chambers—to be relegated to the background. The Auschwitz trial had a paradoxical result. Although the prosecution succeeded in exposing SS crimes at the camp for the first time, the public absorbed a distorted representation of the criminality of the camp system. The Auschwitz trial ensured that rather than coming to terms with their Nazi past, Germans managed to delay a true reckoning with the horror of the Holocaust.
The first account of the August Trials, in which postwar Poland confronted the betrayal of Jewish citizens under Nazi rule but ended up fashioning an alibi for the past. When six years of ferocious resistance to Nazi occupation came to an end in 1945, a devastated Poland could agree with its new Soviet rulers on little else beyond the need to punish German war criminals and their collaborators. Determined to root out the “many Cains among us,” as a Poznań newspaper editorial put it, Poland’s judicial reckoning spawned 32,000 trials and spanned more than a decade before being largely forgotten. Andrew Kornbluth reconstructs the story of the August Trials, long dismissed as a Stalinist travesty, and discovers that they were in fact a scrupulous search for the truth. But as the process of retribution began to unearth evidence of enthusiastic local participation in the Holocaust, the hated government, traumatized populace, and fiercely independent judiciary all struggled to salvage a purely heroic vision of the past that could unify a nation recovering from massive upheaval. The trials became the crucible in which the Communist state and an unyielding society forged a foundational myth of modern Poland but left a lasting open wound in Polish-Jewish relations. The August Trials draws striking parallels with incomplete postwar reckonings on both sides of the Iron Curtain, suggesting the extent to which ethnic cleansing and its abortive judicial accounting are part of a common European heritage. From Paris and The Hague to Warsaw and Kyiv, the law was made to serve many different purposes, even as it failed to secure the goal with which it is most closely associated: justice.
A single word—"Auschwitz"—is often used to encapsulate the totality of persecution and suffering involved in what we call the Holocaust. Yet a focus on a single concentration camp - however horrific, however massively catastrophic its scale - leaves an incomplete story, a truncated history. It cannot fully communicate the myriad ways in which individuals became tangled up on the side of the perpetrators, and obscures the diversity of experiences among a wide range of victims as they struggled and died, or managed, against all odds, to survive. In the process, we also miss the continuing legacy of Nazi persecution across generations, and across continents. Mary Fulbrook's encompassing book expands our understanding, exploring the lives of individuals across a full spectrum of suffering and guilt, each one capturing one small part of the greater story. Reckonings seeks to explore the disjuncture between official myths about dealing with the past, on the one hand, and the extent to which the vast majority of Nazi perpetrators evaded justice, on the other. The Holocaust is not mere history, and the memorial landscape barely hints at the maelstrom of reverberations of the Nazi era at a personal level. Reckonings illuminates the stories of those who remained outside the media spotlight, situating their experiences in changing wider contexts, as both persecutors and persecuted sought to account for the past, forge new lives, and make sense of unprecedented suffering.
Author : Graham B. Cox Publisher : University of Oklahoma Press Page : 460 pages File Size : 52,8 Mb Release : 2019-09-12 Category : Law ISBN : 9780806165646
Seeking Justice for the Holocaust by Graham B. Cox Pdf
The Nuremberg War Crimes Trial has become a symbol of justice, the pivotal moment when the civilized world stood up for Europe’s Jews and, ultimately, for human rights. Yet the world, represented at the time by the Allied powers, almost did not stand up despite the magnitude of the horrors perpetrated by the Nazis. Seeking justice for the Holocaust had not been an automatic—or an obvious—mission for the Allies to pursue. In this book, Graham Cox recounts the remarkable negotiations and calculations that brought the United States and its allies to this point. At the center of this story is the collaboration between Franklin D. Roosevelt and Herbert C. Pell, Roosevelt’s appointee as U.S. representative to the United Nations War Crimes Commission, in creating an international legal protocol to prosecute Nazi officials for war crimes and genocide. Pell emerges here as an unheralded force in pursuing justice and in framing human rights as an international concern. The book also enlarges our perspective on Roosevelt’s policies regarding European Jews by revealing the depth of his commitment to postwar justice in the face of staunch opposition, even from some within his administration. What made the international effort especially contentious was a debate over its focus—how to punish for aggressive warfare and crimes against humanity. Cox exposes the internal contradictions and contortions behind the U.S. position and the maneuverings of numerous officials negotiating the legal parameters of the trials. Most telling perhaps were the efforts of Robert H. Jackson, the chief U.S. prosecutor at Nuremberg, to circumscribe the scope of new international law—for fear of setting precedents that might boomerang on the United States because of its own racial segregation practices. With its broad new examination of the background and context of the Nuremberg trials, and its expanded view of the roles played by Roosevelt and his unlikely deputy Pell, Seeking Justice for the Holocaust offers a deeper and more nuanced understanding of how the Allies came to hold Nazis accountable for their crimes against humanity.
The remarkable story of Josef Hartinger, the German prosecutor who risked everything to bring to justice the first killers of the Holocaust and whose efforts would play a key role in the Nuremberg tribunal. At 9 am on April 13, 1933, deputy prosecutor Josef Hartinger received a telephone call summoning him to the newly established concentration camp of Dachau. Four prisoners had been shot. The SS guards claimed that the men had been trying to escape. But what Hartinger found when he arrived convinced him that something was terribly wrong. All four victims were Jews. Before Germany was engulfed by Nazi dictatorship, it was a constitutional republic. And just before Dachau became a site of Nazi genocide, it was a legal state detention center for political prisoners. In 1933, that began to change. In Hitler’s First Victims, Timothy W. Ryback evokes a society on the brink—one in which civil liberties are sacrificed to national security, in which citizens increasingly turn a blind eye to injustice, in which the bedrock of judicial accountability chillingly dissolves into the martial caprice of the Third Reich. This is an astonishing portrait of Hitler’s first moments in power, and the true story of one man’s race to expose the Nazis as murderers on the eve of the Holocaust.
The world remembers Nuremberg, where a handful of Nazi policymakers were brought to justice, but nearly forgotten are the proceedings at Dachau, where hundreds of Nazi guards, officers, and doctors stood trial for personally taking part in the torture and execution of prisoners inside the Dachau, Mauthausen, Flossenburg, and Buchenwald concentration camps. In Justice at Dachau, Joshua M. Greene, maker of the award winning documentary film Witness: Voices from the Holocaust, recreates the Dachau trials and reveals the dramatic story of William Denson, a soft-spoken young lawyer from Alabama whisked from teaching law at West Point to leading the prosecution in the largest series of Nazi trials in history. In a makeshift courtroom set up inside Hitler’s first concentration camp, Denson was charged with building a team from lawyers who had no background in war crimes and determining charges for crimes that courts had never before confronted. Among the accused were Dr. Klaus Schilling, responsible for hundreds of deaths in his “research” for a cure for malaria; Edwin Katzen-Ellenbogen, a Harvard psychologist turned Gestapo informant; and one of history’s most notorious female war criminals, Ilse Koch, “Bitch of Buchenwald,” whose penchant for tattooed skins and human bone lamps made headlines worldwide. Denson, just thirty-two years old, with one criminal trial to his name, led a brilliant and successful prosecution, but nearly two years of exposure to such horrors took its toll. His wife divorced him, his weight dropped to 116 pounds, and he collapsed from exhaustion. Worst of all was the pressure from his army superiors to bring the trials to a rapid end when their agenda shifted away from punishing Nazis to winning the Germans’ support in the emerging Cold War. Denson persevered, determined to create a careful record of responsibility for the crimes of the Holocaust. When, in a final shocking twist, the United States used clandestine reversals and commutation of sentences to set free those found guilty at Dachau, Denson risked his army career to try to prevent justice from being undone. From the Hardcover edition.
Author : Gabriel N. Finder,Alexander V. Prusin Publisher : University of Toronto Press Page : 397 pages File Size : 47,7 Mb Release : 2018-01-01 Category : History ISBN : 9781487522681
Justice Behind the Iron Curtain by Gabriel N. Finder,Alexander V. Prusin Pdf
In Justice behind the Iron Curtain, Gabriel N. Finder and Alexander V. Prusin examine Poland's role in prosecuting Nazi German criminals during the first decade and a half of the postwar era. Finder and Prusin contend that the Polish trials of Nazi war criminals were a pragmatic political response to postwar Polish society and Poles' cravings for vengeance against German Nazis. Although characterized by numerous inconsistencies, Poland's prosecutions of Nazis exhibited a fair degree of due process and resembled similar proceedings in Western democratic counties. The authors examine reactions to the trials among Poles and Jews. Although Polish-Jewish relations were uneasy in the wake of the extremely brutal German wartime occupation of Poland, postwar Polish prosecutions of German Nazis placed emphasis on the fate of Jews during the Holocaust. Justice behind the Iron Curtain is the first work to approach communist Poland's judicial postwar confrontation with the legacy of the Nazi occupation.
Pursuing Justice for Mass Atrocities by Sarah McIntosh Pdf
"Pursuing Justice for Mass Atrocities: A Handbook for Victim Groups" is an educational resource for victim groups that want to influence or participate in the justice process for mass atrocities. It presents a range of tools that victim groups can use, from building a victim-centered coalition and developing a strategic communications plan to engaging with policy makers and decision makers and using the law to obtain justice.
