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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: 80.77 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.

Holocaust Justice

Author: Michael J. Bazyler
Publisher: NYU Press
ISBN: 081472938X
Size: 32.43 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.

Law And The Holocaust

Author: MICHAEL. BAZYLER
Publisher:
ISBN: 9781611630152
Size: 22.77 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: 74.54 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."

Holocaust Restitution

Author: Michael J. Bazyler
Publisher: NYU Press
ISBN: 0814799876
Size: 56.29 MB
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"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: 1442213167
Size: 37.86 MB
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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.

Imperfect Justice

Author: Stuart Eizenstat
Publisher:
ISBN: 9780786751051
Size: 67.46 MB
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In the second half of the 1990s, Stuart Eizenstat was perhaps the most controversial U.S. foreign policy official in Europe. His mission had nothing to do with Russia, the Middle East, Yugoslavia, or any of the other hotspots of the day. Rather, Eizenstat's mission was to provide justice—albeit belated and imperfect justice—for the victims of World War II. Imperfect Justice is Eizenstat's account of how the Holocaust became a political and diplomatic battleground fifty years after the war's end, as the issues of dormant bank accounts, slave labor, confiscated property, looted art, and unpaid insurance policies convulsed Europe and America. He recounts the often heated negotiations with the Swiss, the Germans, the French, the Austrians, and various Jewish organizations, showing how these moral issues, shunted aside for so long, exposed wounds that had never healed and conflicts that had never been properly resolved. Though we will all continue to reckon with the crimes of World War II for a long time to come, Eizenstat's account shows that it is still possible to take positive steps in the service of justice.

East West Street

Author: Philippe Sands
Publisher: Vintage
ISBN: 0525433724
Size: 70.99 MB
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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.

Black Earth

Author: Timothy Snyder
Publisher: Tim Duggan Books
ISBN: 1101903465
Size: 67.84 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.