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."

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.

Rethinking Holocaust Justice

Author: Norman J. W. Goda
Publisher: Berghahn Books
ISBN: 9781785336980
Release Date: 2017-12-30
Genre: History

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.

Dry Tears

Author: Nechama Tec
Publisher: Oxford University Press
ISBN: 0195035003
Release Date: 1982
Genre: Biography & Autobiography

A story of a young Jewish girl's coming-of-age during the tragic years of the Holocaust.

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."

Post Holocaust

Author: Berel Lang
Publisher: Indiana University Press
ISBN: 9780253345011
Release Date: 2005-01-01
Genre: History

A philosopher addresses conceptual and ethical questions that arise from historical accounts of the Holocaust.

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.

Operation Last Chance

Author: Efraim Zuroff
Publisher: St. Martin's Press
ISBN: 0230101380
Release Date: 2009-11-10
Genre: History

Sixty years after the end of World War II, not all those who were faithful to the Third Reich are dead—some members of the Nazi party and their collaborators are still alive, and increasingly difficult to track down. Time is rapidly running out, but Efraim Zuroff won't give up. Launching Operation Last Chance in 2002, he spearheaded a vast public campaign to locate and bring to justice the worst suspected Nazi criminals before ill health or death spare them from potential punishment. Despite the passage of many years, the reluctance of many governments to cooperate, and even death threats and a price on his head, Zuroff's project yielded the names of over 520 hereto unknown suspects in 24 different countries and led to dozens of murder investigations, as well as several indictments and extradition requests currently pending. Combining the thrill of a detective story with the inherent poignancy of the history of World War II and its aftermath, Operation Last Chance delivers the important and moving story of one man's heroic efforts to honor the victims of the Holocaust.

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

Forgotten Trials of the Holocaust

Author: Michael J. Bazyler
Publisher: NYU Press
ISBN: 9781479899241
Release Date: 2015-12-01
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.

Black Earth

Author: Timothy Snyder
Publisher: Tim Duggan Books
ISBN: 9781101903469
Release Date: 2015-09-08
Genre: History

A brilliant, haunting, and profoundly original portrait of the defining tragedy of our time. In this epic history of extermination and survival, Timothy Snyder presents a new explanation of the great atrocity of the twentieth century, and reveals the risks that we face in the twenty-first. Based on new sources from eastern Europe and forgotten testimonies from Jewish survivors, Black Earth recounts the mass murder of the Jews as an event that is still close to us, more comprehensible than we would like to think, and thus all the more terrifying. The Holocaust began in a dark but accessible place, in Hitler's mind, with the thought that the elimination of Jews would restore balance to the planet and allow Germans to win the resources they desperately needed. Such a worldview could be realized only if Germany destroyed other states, so Hitler's aim was a colonial war in Europe itself. In the zones of statelessness, almost all Jews died. A few people, the righteous few, aided them, without support from institutions. Much of the new research in this book is devoted to understanding these extraordinary individuals. The almost insurmountable difficulties they faced only confirm the dangers of state destruction and ecological panic. These men and women should be emulated, but in similar circumstances few of us would do so. By overlooking the lessons of the Holocaust, Snyder concludes, we have misunderstood modernity and endangered the future. The early twenty-first century is coming to resemble the early twentieth, as growing preoccupations with food and water accompany ideological challenges to global order. Our world is closer to Hitler's than we like to admit, and saving it requires us to see the Holocaust as it was -- and ourselves as we are. Groundbreaking, authoritative, and utterly absorbing, Black Earth reveals a Holocaust that is not only history but warning.

Deadly Justice

Author: Frank Baumgartner
Publisher: Oxford University Press
ISBN: 9780190841546
Release Date: 2017
Genre: Law

In 1976, the US Supreme Court ruled in Gregg v. Georgia that the death penalty was constitutional if it complied with certain specific provisions designed to ensure that it was reserved for the 'worst of the worst.' The same court had rejected the death penalty just four years before in the Furman decision because it found that the penalty had been applied in a capricious and arbitrary manner. The 1976 decision ushered in the 'modern' period of the US death penalty, setting the country on a course to execute over 1,400 inmates in the ensuing years, with over 8,000 individuals currently sentenced to die. Now, forty years after the decision, the eminent political scientist Frank Baumgartner along with a team of younger scholars (Marty Davidson, Kaneesha Johnson, Arvind Krishnamurthy, and Colin Wilson) have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. Each chapter addresses a precise empirical question and provides evidence, not opinion, about whether how the modern death penalty has functioned. They decided to write the book after Justice Breyer issued a dissent in a 2015 death penalty case in which he asked for a full briefing on the constitutionality of the death penalty. In particular, they assess the extent to which the modern death penalty has met the aspirations of Gregg or continues to suffer from the flaws that caused its rejection in Furman. To answer this question, they provide the most comprehensive statistical account yet of the workings of the capital punishment system. Authoritative and pithy, the book is intended for both students in a wide variety of fields, researchers studying the topic, and--not least--the Supreme Court itself.

Confronting the good Death

Author: Michael S. Bryant
Publisher:
ISBN: UOM:39015062849750
Release Date: 2005
Genre: History

This readable study analyses the post-war attempt to prosecute perpetrators of a Nazi campaign against the mentally ill that facilitated 270,000 murders and set a precedent for Nazi mass murder.

Sentencing and Punishment

Author: Susan Easton
Publisher: Oxford University Press
ISBN: 9780198744825
Release Date: 2016-05-26
Genre:

Examining the theoretical debates behind the headlines and engaging with current debates, Sentencing and Punishment provides thoughtful, impartial, and unbiased coverage of sentencing and punishment in the UK. Collectively, Susan Easton and Christine Piper are highly experienced teachers andresearchers in this field, making them perfectly placed to deliver this lively account of a highly dynamic subject area. The book takes a thorough and systematic approach to sentencing and punishment, examining key topics from legal, philosophical, and practical perspectives. Offering in-depth and detailed coverage, while remaining succinct and readable, the authors deliver a balanced approach to the subject. Chaptersummaries, discussion questions, and case studies help students to engage with the subject, apply their knowledge, and reflect upon debates. Fully reworked, restructured, and updated for this edition, and incorporating changes following the 2015 general election; this is the essential guide for anyone studying sentencing and punishment as part of a law or criminology course. The book is accompanied by an Online Resource Centre featuring:* Regular updates on case law, new legislation and key developments* Web links to further reading suggestions for each chapter of the book* Guidance on answering end of chapter questions * An online version of the textbook glossary

The Nazi Hunters

Author: Andrew Nagorski
Publisher: Simon and Schuster
ISBN: 9781476771885
Release Date: 2016-05-10
Genre: History

More than seven decades after the end of the Second World War, the era of the Nazi Hunters is drawing to a close. Their saga is finally told in this “deep and sweeping account of a relentless search for justice that began in 1945 and is only now coming to an end” (The Washington Post). After the Nuremberg trials and the start of the Cold War, most of the victors in World War II lost interest in prosecuting Nazi war criminals. “Absorbing” (Kirkus Reviews) and “fascinating” (Library Journal), The Nazi Hunters focuses on the men and women who refused to allow their crimes to be forgotten. The Nazi Hunters reveals the experiences of the young American prosecutors in the Nuremberg and Dachau trials, Benjamin Ferencz and William Denson; the Polish investigating judge Jan Sehn, who handled the case of Auschwitz commandant Rudolf Höss; the Mossad agent Rafi Eitan, who was in charge of the Israeli team that nabbed Eichmann; and Eli Rosenbaum, who sought to expel war criminals who were living in the United States. But some of the Nazi hunters’ most controversial actions involved the more ambiguous cases, such as former UN Secretary-General Kurt Waldheim’s attempt to cover up his wartime history. Or the fate of concentration camp guards who have lived into their nineties, long past the time when reliable eyewitnesses could be found to pinpoint their exact roles. The story of the Nazi hunters is coming to a natural end. It was unprecedented in so many ways, especially the degree to which the initial impulse of revenge was transformed into a struggle for justice. The Nazi hunters have transformed our fundamental notions of right and wrong, and Andrew Nagorski’s “vivid, reader-friendly account of how justice was done…is comprehensively informative and a highly involving read” (The Wall Street Journal).