Description
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."
Table of Contents
IntroductionPART I: THE LEGAL HISTORY OF THE HOLOCAUST AND GENOCIDEChapter 1 The Holocaust: A Legal HistoryA. Nazi Germany as a Law-Based StateB. The Nazis Come to Power Through LawC. Legal Measures Against Jews in the ReichD. War, Occupation and Ghettoization in Occupied EuropeE. Extermination: The Legal HolocaustF. AftermathChapter 2 Naming the Crime: GenocideA. The Historical Background of the Term GenocideB. The Genocide Convention1. Legislative History2. Definition of Genocide3. Actus Reus of Genocide - The Prohibited Acts4. Mens Rea of Genocide: With Intent to Destroy, In Whole or in Part5. Genocide-Related Crimes: Conspiracy, Incitement, Attempt and Complicity6. Proving Genocide7. PunishmentC. Use and Misuse of Genocide Terminology1. Using and Misusing the G-word: Why Words Matter2. When Is It Proper to Characterize A Historical Event as a Genocide?Part II: Legal Reckoning with the Crimes of THE HOLOCAUSTChapter 3 Prosecution of Nazi War Criminals at NurembergA. The International Military Tribunal at Nuremberg1. The Rocky Road at Nuremberg2. The Trial3. Major Criticisms of the IMT4. The Holocaust at NurembergB. The Later Nuremberg Proceedings1. The Twelve NMT Trials2. Noel, Noel, what the hell3. Legacy of the NMTChapter 4 National Prosecutions of Nazi War CriminalsA. Prosecutions in Germany1. The Ulm Einsatzgruppen Trial2. The Frankfurt Auschwitz TrialB. The Trial of Adolf Eichmann in Israel1. Eichmann Before Jerusalem - The Nazi EraEichmann's Escape and Capture2. Eichmann in Jerusalem -The Trial3. Legacies of TrialC. Hunting for Nazis in AmericaD. RetrospectiveChapter 5 Civil Litigation for the Financial Crimes of the HolocaustA. Stealing From the JewsB. Returning What Was Stolen1. Restitution by the Allies in Occupied Germany2. German Reparations to Israel and Survivors3. Holocaust Restitution in the 1990's - A Measure of Justice Fifty Years Later4. Holocaust Restitution in the 21st Century: The French Railroad SettlementC. Why Didn't the Holocaust Restitution Model Work for Other Historical Atrocities?1. Herero Genocide Litigation2. Litigation Against Japanese Industry Arising Out of the Second World War3. South African Apartheid Litigation4. African-American Reparations Litigation5. Armenian Genocide Era Litigation6. Shutting the Door on Universal Jurisdiction: The 2013 Kiobel Supreme Court DecisionChapter 6 Holocaust Denial and the LawA. What is Holocaust Denial?B. Criminalizing Speech: Holocaust and Genocide Denial Laws in EuropeC. Should Holocaust Denial Be a Crime?D. The Future of Denial LawsChapter 7 The Impact of the Holocaust on Post-Holocaust Legal PhilosophyA. Carl Schmitt and the State of ExceptionB. Karl Loewenstein and Germany's Militant DemocracyC. Gustav Radbruch and the Hart-Fuller Debate: What is "Law"?D. The State of Exception After 9/11Part III: The Holocaust As A Catalyst For MODERN International Criminal JusticeChapter 8 Nuremberg's Legacy: The UN Tribunals for Yugoslavia and Rwanda and the International Criminal CourtA. Building a Better NurembergB. Creating the Case Law of Genocide1. Joint Criminal Enterprise and Genocide2. Public Incitement to Commit Genocide3. Command Responsibility and GenocideC. Criticisms of the ICTs Slow startD. Nuremberg and the International Criminal CourtChapter 9 Prosecuting Genocide International Prosecutions1.ICTR Prosecutions2.ICTY Prosecutions3.ICC ProsecutionsB. Domestic Prosecutions1.Nikola Jorgi?: The First Person Convicted of Genocide?2.Rwandan GenocidairesConclusion: Can Genocide Be Prevented?Index
