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Holocaust Genocide And The Law

Author: Michael Bazyler
Publisher: Oxford University Press
ISBN: 0190664037
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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."

Rethinking Holocaust Justice

Author: Norman J. W. Goda
Publisher: Berghahn Books
ISBN: 1785336983
Size: 60.62 MB
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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.

Law And The Holocaust

Author: MICHAEL. BAZYLER
Publisher:
ISBN: 9781611630152
Size: 56.96 MB
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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: 0190612703
Size: 56.41 MB
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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."

Dry Tears

Author: Nechama Tec
Publisher: Oxford University Press
ISBN: 9780195035001
Size: 38.22 MB
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A story of a young Jewish girl's coming-of-age during the tragic years of the Holocaust.

Post Holocaust

Author: Berel Lang
Publisher: Indiana University Press
ISBN: 0253345014
Size: 76.61 MB
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A philosopher addresses conceptual and ethical questions that arise from historical accounts of the Holocaust.

Black Earth

Author: Timothy Snyder
Publisher: Tim Duggan Books
ISBN: 1101903465
Size: 71.29 MB
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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.

Operation Last Chance

Author: Efraim Zuroff
Publisher: St. Martin's Press
ISBN: 9780230101388
Size: 69.51 MB
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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 Justice

Author: Michael J. Bazyler
Publisher: NYU Press
ISBN: 081472938X
Size: 32.61 MB
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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.

The Mismeasure Of Desire

Author: David E. Stannard
Publisher: Oxford University Press
ISBN: 9780199838981
Size: 30.85 MB
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For four hundred years--from the first Spanish assaults against the Arawak people of Hispaniola in the 1490s to the U.S. Army's massacre of Sioux Indians at Wounded Knee in the 1890s--the indigenous inhabitants of North and South America endured an unending firestorm of violence. During that time the native population of the Western Hemisphere declined by as many as 100 million people. Indeed, as historian David E. Stannard argues in this stunning new book, the European and white American destruction of the native peoples of the Americas was the most massive act of genocide in the history of the world. Stannard begins with a portrait of the enormous richness and diversity of life in the Americas prior to Columbus's fateful voyage in 1492. He then follows the path of genocide from the Indies to Mexico and Central and South America, then north to Florida, Virginia, and New England, and finally out across the Great Plains and Southwest to California and the North Pacific Coast. Stannard reveals that wherever Europeans or white Americans went, the native people were caught between imported plagues and barbarous atrocities, typically resulting in the annihilation of 95 percent of their populations. What kind of people, he asks, do such horrendous things to others? His highly provocative answer: Christians. Digging deeply into ancient European and Christian attitudes toward sex, race, and war, he finds the cultural ground well prepared by the end of the Middle Ages for the centuries-long genocide campaign that Europeans and their descendants launched--and in places continue to wage--against the New World's original inhabitants. Advancing a thesis that is sure to create much controversy, Stannard contends that the perpetrators of the American Holocaust drew on the same ideological wellspring as did the later architects of the Nazi Holocaust. It is an ideology that remains dangerously alive today, he adds, and one that in recent years has surfaced in American justifications for large-scale military intervention in Southeast Asia and the Middle East. At once sweeping in scope and meticulously detailed, American Holocaust is a work of impassioned scholarship that is certain to ignite intense historical and moral debate.