Holocaust Genocide and the Law

Author: Michael Bazyler
Publisher: Oxford University Press
ISBN: 9780190664039
Release Date: 2017-07
Genre: Law

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

Author: Michael Bazyler
Publisher: Oxford University Press
ISBN: 9780199749164
Release Date: 2016-10-25
Genre: History

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

Author: Michael J. Bazyler
Publisher: Oxford University Press
ISBN: 9780195395693
Release Date: 2016-11-22
Genre: Genocide (International law)

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."

Law and the Holocaust

Author: MICHAEL. BAZYLER
Publisher:
ISBN: 1611630150
Release Date: 2017-11-28
Genre:

Law and the Holocaust: U.S. Cases and Materials uses federal and state court decisions to teach students about one of humanity's greatest calamities. Part I situates the Holocaust as a legal event. Part II focuses on the prosecution of Nazi war criminals. Part III describes the efforts of Holocaust victims to obtain financial compensation through civil lawsuits. Lastly, Part IV considers the extent to which the First Amendment protects neo-Nazis. The first casebook of its kind, Law and the Holocaust features 71 principal cases, 290 notes, 26 statutory appendices, 31 photographs, and three maps.

Atrocity Speech Law

Author: Gregory S. Gordon
Publisher: Oxford University Press
ISBN: 9780190612702
Release Date: 2017-04-11
Genre: History

The law governing the relationship between speech and core international crimes a key component in atrocity prevention is broken. Incitement to genocide has not been adequately defined. The law on hate speech as persecution is split between the International Criminal Tribunal for Rwanda (ICTR) and the International Criminal Tribunal for the former Yugoslavia (ICTY). Instigation is confused with incitement and ordering's scope is too circumscribed. At the same time, each of these modalities does not function properly in relation to the others, yielding a misshapen body of law riddled with gaps. Existing scholarship has suggested discrete fixes to individual parts, but no work has stepped back and considered holistic solutions. This book does. To understand how the law became so fragmented, it returns to its roots to explain how it was formulated. From there, it proposes a set of nostrums to deal with the individual deficiencies. Its analysis then culminates in a more comprehensive proposal: a "Unified Liability Theory," which would systematically link the core crimes of genocide, crimes against humanity, and war crimes with the four illicit speech modalities. The latter would be placed in one statutory provision criminalizing the following types of speech: (1) incitement (speech seeking but not resulting in atrocity); (2) speech abetting (non-catalytic speech synchronous with atrocity commission); (3) instigation (speech seeking and resulting in atrocity); and (4) ordering (instigation/incitement within a superior-subordinate relationship). Apart from its fragmentation, this body of law lacks a proper name as "Incitement Law" or "International Hate Speech Law," labels often used, fail to capture its breadth or relationship to mass violence. So this book proposes a new and fitting appellation: "atrocity speech law."

Holocaust Justice

Author: Michael J. Bazyler
Publisher: NYU Press
ISBN: 9780814729380
Release Date: 2005-04-01
Genre: History

The Holocaust was not only the greatest murder in history; it was also the greatest theft. Historians estimate that the Nazis stole roughly $230 billion to $320 billion in assets (figured in today’s dollars), from the Jews of Europe. Since the revelations concerning the wartime activities of the Swiss banks first broke in the late 1990s, an ever-widening circle of complicity and wrongdoing against Jews and other victims has emerged in the course of lawsuits waged by American lawyers. These suits involved German corporations, French and Austrian banks, European insurance companies, and double thefts of art—first by the Nazis, and then by museums and private collectors refusing to give them up. All of these injustices have come to light thanks to the American legal system. Holocaust Justice is the first book to tell the complete story of the legal campaign, conducted mainly on American soil, to address these injustices. Michael Bazyler, a legal scholar specializing in human rights and international law, takes an in-depth look at the series of lawsuits that gave rise to a coherent campaign to right historical wrongs. Diplomacy, individual pleas for justice by Holocaust survivors and various Jewish organizations for the last fifty years, and even suits in foreign courts, had not worked. It was only with the intervention of the American courts that elderly Holocaust survivors and millions of other wartime victims throughout the world were awarded compensation, and equally important, acknowledgment of the crimes committed against them. 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. For the first time in history, European and even American corporations are now being forced to pay restitution for war crimes totaling billions of dollars to Holocaust survivors and other victims. Bazyler deftly tells the unfolding stories: the Swiss banks’ attempt to hide dormant bank accounts belonging to Holocaust survivors or heirs of those who perished in the war; German private companies that used slave laborers during World War II—including American subsidiaries in Germany; Italian, Swiss and German insurance companies that refused to pay on prewar policies; and the legal wrangle going on today in American courts over art looted by the Nazis in wartime Europe. He describes both the human and legal dramas involved in the struggle for restitution, bringing the often-forgotten voices of Holocaust survivors to the forefront. He also addresses the controversial legal and moral issues over Holocaust restitution and the ethical debates over the distribution of funds. With an eye to the future, Bazyler discusses the enduring legacy of Holocaust restitution litigation, which is already being used as a model for obtaining justice for historical wrongs on both the domestic and international stage.

Reckonings

Author: Mary Fulbrook
Publisher: Oxford University Press, USA
ISBN: 9780198811237
Release Date: 2018-09-28
Genre:

A single word - "Auschwitz" - is sometimes used to encapsulate the totality of persecution and suffering involved in what we call the Holocaust. Yet focusing on a single concentration camp, however horrific the scale of crimes committed there, leaves an incomplete story, truncates a complexhistory and obscures the continuing legacies of Nazi crimes. Mary Fulbrook's encompassing book explores the lives of individuals across a full spectrum of suffering and guilt, each one capturing one small part of the greater story. Using "reckoning" in the widest possible sense to evoke how the consequences of violence have expanded almost infinitely throughtime, from early brutality through programs to euthanize the sick and infirm in the 1930s to the full functioning of the death camps in the early 1940s, and across the post-war decades of selective confrontation with perpetrators and ever-expanding commemoration of victims, Fulbrook exposes thedisjuncture between official myths about "dealing with the past" and the extent to which the vast majority of Nazi perpetrators evaded responsibility. In the successor states to the Third Reich - East Germany, West Germany, and Austria - prosecution varied widely. Communist East Germany pursued Nazicriminals and handed down severe sentences; West Germany, caught between facing up to the past and seeking to draw a line under it, tended toward selective justice and reintegration of former Nazis; and Austria made nearly no reckoning at all until the mid-1980s, when news broke about Austrianpresidential candidate Kurt Waldheim's past. The continuing battle with the legacies of Nazism in the private sphere was often at odds with public remembrance and memorials. Following the various phases of trials and testimonies, from those immediately after the war to those that stretched into the decades following, Reckonings illuminates shifting public attitudes toward both perpetrators and survivors, and recalibrates anew the scales of justice.

East West Street

Author: Philippe Sands
Publisher: Vintage
ISBN: 9780525433729
Release Date: 2017
Genre: History

Winner of the 2016 Baillie Gifford Prize for Nonfiction A profound and profoundly important book--a moving personal detective story, an uncovering of secret pasts, and a book that explores the creation and development of world-changing legal concepts that came about as a result of the unprecedented atrocities of Hitler's Third Reich. East West Street looks at the personal and intellectual evolution of the two men who simultaneously originated the ideas of "genocide" and "crimes against humanity," both of whom, not knowing the other, studied at the same university with the same professors, in a city little known today that was a major cultural center of Europe, "the little Paris of Ukraine," a city variously called Lemberg, Lwów, Lvov, or Lviv. It is also a spellbinding family memoir, as the author traces the mysterious story of his grandfather, as he maneuvered through Europe in the face of Nazi atrocities. East West Street is a book that changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder.

Hitler s First Victims

Author: Timothy W. Ryback
Publisher: Vintage
ISBN: 9780385352925
Release Date: 2014-10-21
Genre: History

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. Before Germany was engulfed by Nazi dictatorship, it was a constitutional republic. And just before Dachau Concentration Camp became a site of Nazi genocide, it was a state detention center for political prisoners, subject to police authority and due process. The camp began its irrevocable transformation from one to the other following the execution of four Jewish detainees in the spring of 1933. Timothy W. Ryback’s gripping and poignant historical narrative focuses on those first victims of the Holocaust and the investigation that followed, as Hartinger sought to expose these earliest cases of state-condoned atrocity. In documenting the circumstances surrounding these first murders and Hartinger’s unrelenting pursuit of the SS perpetrators, Ryback indelibly 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. We see Hartinger, holding on to his unassailable sense of justice, doggedly resisting the rising dominance of Nazism. His efforts were only a temporary roadblock to the Nazis, but Ryback makes clear that Hartinger struck a lasting blow for justice. The forensic evidence and testimony gathered by Hartinger provided crucial evidence in the postwar trials. Hitler’s First Victims exposes the chaos and fragility of the Nazis’ early grip on power and dramatically suggests how different history could have been had other Germans followed Hartinger’s example of personal courage in that time of collective human failure. From the Hardcover edition.

Holocaust Restitution

Author: Michael J. Bazyler
Publisher: NYU Press
ISBN: 9780814799871
Release Date: 2007-06-01
Genre: History

"Bazyler and Alford have produced an essential tool for understanding the righteous struggle to win restitution for Holocaust victims and their heirs." --Richard Z. Chesnoff, author of Pack of Thieves: How Hitler & Europe Plundered the Jews & Committed The Greatest Theft In History"This excellent volume makes a significant contribution both to legal studies and to the history of the Holocaust. The editors deserve special praise for including chapters by Holocaust survivors, assuring that their often-forgotten voices are not lost within the great debate about Holocaust restitution."--Marilyn J. Harran, Stern Chair in Holocaust History, Chapman University"An invaluable text for students and scholars as well as a fascinating read for all those concerned with Holocaust and genocide issues in all disciplines and on behalf of all victims."--Israel W. Charny, President, International Association of Genocide Scholars "This unique collection is important in bringing together the perspectives of legal practitioners, activists, archivists and historians, negotiators, and survivors. It is remarkably comprehensive. . . . The editors have not shied away from controversy."--David Cesarani, Research Professor in History, Royal Holloway, University of London"If there is a 'final frontier' in understanding the Holocaust, it is the assessment of international litigation, compensation, and reparations claims. This extraordinary group of contributions thoughtfully reflects on the Holocaust, past and present, as well as what many would call 'imperfect justice.'"--Stephen Feinstein, Professor of History and Director, Center for Holocaust and Genocide Studies, University of Minnesota"This collection of essayson Holocaust restitution litigation provides a wonderful overview

Nazis After Hitler

Author: Donald M. McKale
Publisher: Rowman & Littlefield
ISBN: 9781442213166
Release Date: 2012
Genre: History

Nazis after Hitler traces the histories 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 only rarely, if ever, tried and punished for their crimes, and nearly all alleged their innocence in Germany's extermination of nearly six million European Jews during the war, providing fodder for postwar Holocaust deniers. Written in a compelling narrative style, Nazis after Hitler is the first to provide an overview of the lives of Nazis who survived the war, the vast majority of whom escaped justice. McKale provides a unique and accessible synthesis of the extensive research on the Holocaust and Nazi war criminals that will be invaluable for all readers interested in World War II.

Marching into Darkness

Author: Waitman Wade Beorn
Publisher: Harvard University Press
ISBN: 9780674726604
Release Date: 2014-01-06
Genre: History

On October 10, 1941, the Jewish population of the Belarusian village of Krucha was rounded up and shot. This atrocity was not the routine work of the SS but was committed by a regular German army unit acting on its own initiative. Marching into Darkness is a bone-chilling exposé of the ordinary footsoldiers who participated in the Final Solution on a daily basis. Although scholars have exploded the myth that the Wehrmacht played no significant part in the Holocaust, a concrete picture of its involvement has been lacking. Marching into Darkness reveals in detail how the army willingly fulfilled its role as an agent of murder on a massive scale. Waitman Wade Beorn unearths forced labor, sexual violence, and grave robbing, though a few soldiers refused to participate and even helped Jews. Improvised extermination progressively became methodical, with some army units going so far as to organize "Jew hunts." The Wehrmacht also used the pretense of Jewish anti-partisan warfare as a subterfuge by reporting murdered Jews as partisans. Through military and legal records, survivor testimonies, and eyewitness interviews, Beorn paints a searing portrait of an army's descent into ever more intimate participation in genocide.

A Little Matter of Genocide

Author: Ward Churchill
Publisher: City Lights Books
ISBN: 0872863239
Release Date: 1998-01-01
Genre: History

Ward Churchill has achieved an unparalleled reputation as a scholar-activist and analyst of indigenous issues in North America. Here, he explores the history of holocaust and denial in this hemisphere, beginning with the arrival of Columbus and continuing on into the present. He frames the matter by examining both "revisionist" denial of the nazi-perpatrated Holocaust and the opposing claim of its exclusive "uniqueness," using the full scope of what happened in Europe as a backdrop against which to demonstrate that genocide is precisely what has been-and still is-carried out against the American Indians. Churchill lays bare the means by which many of these realities have remained hidden, how public understanding of this most monstrous of crimes has been subverted not only by its perpetrators and their beneficiaries but by the institutions and individuals who perceive advantages in the confusion. In particular, he outlines the reasons underlying the United States's 40-year refusal to ratify the Genocide Convention, as well as the implications of the attempt to exempt itself from compliance when it finally offered its "endorsement." In conclusion, Churchill proposes a more adequate and coherent definition of the crime as a basis for identifying, punishing, and preventing genocidal practices, wherever and whenever they occur. Ward Churchill (enrolled Keetoowah Cherokee) is Professor of American Indian Studies with the Department of Ethnic Studies at the University of Colorado-Boulder. A member of the American Indian Movement since 1972, he has been a leader of the Colorado chapter for the past fifteen years. Among his previous books have been Fantasies of a Master Race, Struggle for the Land, Since Predator Came, and From a Native Son.

Night

Author: Elie Wiesel
Publisher: Hill and Wang
ISBN: 9781466805361
Release Date: 2012-02-07
Genre: Biography & Autobiography

A New Translation From The French By Marion Wiesel Night is Elie Wiesel's masterpiece, a candid, horrific, and deeply poignant autobiographical account of his survival as a teenager in the Nazi death camps. This new translation by Marion Wiesel, Elie's wife and frequent translator, presents this seminal memoir in the language and spirit truest to the author's original intent. And in a substantive new preface, Elie reflects on the enduring importance of Night and his lifelong, passionate dedication to ensuring that the world never forgets man's capacity for inhumanity to man. Night offers much more than a litany of the daily terrors, everyday perversions, and rampant sadism at Auschwitz and Buchenwald; it also eloquently addresses many of the philosophical as well as personal questions implicit in any serious consideration of what the Holocaust was, what it meant, and what its legacy is and will be.

Forgotten Trials of the Holocaust

Author: Michael J. Bazyler
Publisher: NYU Press
ISBN: 9781479886067
Release Date: 2014-10-10
Genre: History

In the wake of the Second World War, how were the Allies to respond to the enormous crime of the Holocaust? Even in an ideal world, it would have been impossible to bring all the perpetrators to trial. Nevertheless, an attempt was made to prosecute some. Most people have heard of the Nuremberg trial and the Eichmann trial, though they probably have not heard of the Kharkov Trial—the first trial of Germans for Nazi-era crimes—or even the Dachau Trials, in which war criminals were prosecuted by the American military personnel on the former concentration camp grounds. This book uncovers ten “forgotten trials” of the Holocaust, selected from the many Nazi trials that have taken place over the course of the last seven decades. It showcases how perpetrators of the Holocaust were dealt with in courtrooms around the world—in the former Soviet Union, the United Kingdom, Israel, France, Poland, the United States and Germany—revealing how different legal systems responded to the horrors of the Holocaust. The book provides a graphic picture of the genocidal campaign against the Jews through eyewitness testimony and incriminating documents and traces how the public memory of the Holocaust was formed over time. The volume covers a variety of trials—of high-ranking statesmen and minor foot soldiers, of male and female concentration camps guards and even trials in Israel of Jewish Kapos—to provide the first global picture of the laborious efforts to bring perpetrators of the Holocaust to justice. As law professors and litigators, the authors provide distinct insights into these trials.