Moscow's Road to Nuremberg


Book Description

Recent events in former Yugoslavia and Rwanda have revived diplomatic interest in measures contemplating concerted action directed at the suppression and punishment of war crimes. Indeed, steps have already been initiated to set up war crimes tribunals to prosecute those responsible for such atrocities. Not to be outdone, Yeltsin's Foreign Minister has also issued a call for public discussion of the idea of `creating a system of international criminal justice with regard to crimes against peace and humanity, other international violations of the law.' The precedents of the Second World War in this venue thus seem relevant once again. Since the Soviet Union played a leading role in paving the way for the Nuremberg trial and respective proceedings before national tribunals, and Russia - as self-proclaimed heir and successor to the USSR - continues to exercise a great deal of influence in these matters today, a look at Moscow's doctrinal and practical scorecard may prove useful for future reference. The present study explores the Soviet regime's contribution to the prehistory of the Nuremberg trial, i.e., the repertory of official acts and pronouncements as well as scholarly treatment of issues which ultimately shaped the legal complexion of the Nuremberg test. Our focus in this case is on the mode of development of the style and substance of the bill of indictment until the day of the court's opening session from the standpoint of Moscow's stake in the operation. The views recorded during the trial in primary or secondary sources or those expressed later are taken into account only if they shed light on the preparatory stages of the drama. The subsequent evolution of Moscow's thoughts on the subject deserves a separate full-scale analysis.




The Betrayal


Book Description

At the end of World War II the Allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of 'genocide' and 'crimes against humanity' had to be coined; how to explain that these had been committed by Germany, of all nations; and how to reform Germans. The Allied answer to this conundrum was the application of historical reasoning to legal procedure. In the thirteen Nuremberg trials held between 1945 and 1949, and in corresponding cases elsewhere, a concerted effort was made to punish key perpetrators while at the same time providing a complex analysis of the Nazi state and German history. Building on a long debate about Germany's divergence from a presumed Western path of development, Allied prosecutors sketched a historical trajectory which had led Germany to betray the Western model. Historical reasoning both accounted for the moral breakdown of a 'civilised' nation and rendered plausible arguments that this had indeed been a collective failure rather than one of a small criminal clique. The prosecutors therefore carefully laid out how institutions such as private enterprise, academic science, the military, or bureaucracy, which looked ostensibly similar to their opposite numbers in the Allied nations, had been corrupted in Germany even before Hitler's rise to power. While the argument, depending on individual protagonists, subject matters, and contexts, met with uneven success in court, it offered a final twist which was of obvious appeal in the Cold War to come: if Germany had lost its way, it could still be brought back into the Western fold. The first comprehensive study of the Nuremberg trials, The Betrayal thus also explores how history underpins transitional trials as we encounter them in today's courtrooms from Arusha to The Hague.




Denial: The Final Stage of Genocide?


Book Description

Genocide denial not only abuses history and insults the victims but paves the way for future atrocities. Yet few, if any, books have offered a comparative overview and analysis of this problem. Denial: The Final Stage of Genocide? is a resource for understanding and countering denial. Denial spans a broad geographic and thematic range in its explorations of varied forms of denial—which is embedded in each stage of genocide. Ranging far beyond the most well-known cases of denial, this book offers original, pathbreaking arguments and contributions regarding: competition over commemoration and public memory in Ukraine and elsewhere transitional justice in post-conflict societies; global violence against transgender people, which genocide scholars have not adequately confronted; music as a means to recapture history and combat denial; public education’s role in erasing Indigenous history and promoting settler-colonial ideology in the United States; "triumphalism" as a new variant of denial following the Bosnian Genocide; denial vis-à-vis Rwanda and neighboring Congo (DRC). With contributions from leading genocide experts as well as emerging scholars, this book will be of interest to scholars and students of history, genocide studies, anthropology, political science, international law, gender studies, and human rights.




The Soviet Union and the Gutting of the UN Genocide Convention


Book Description

How both the Soviet Union and the United States manipulated and weakened the drafting of the United Nations Genocide Convention treaty in the midst of the Cold War.




Stalin's Soviet Justice


Book Description

From the 'show' trials of the 1920s and 1930s to the London Conference, this book examines the Soviet role in the Nuremberg IMT trial through the prism of the ideas and practices of earlier Soviet legal history, detailing the evolution of Stalin's ideas about the trail of Nazi war criminals. Stalin believed that an international trial for Nazi war criminals was the best way to show the world the sacrifices his country had made to defeat Hitler, and he, together with his legal mouthpiece Andrei Vyshinsky, maintained tight control over Soviet representatives during talks leading up to the creation of the Nuremberg IMT trial in 1945, and the trial itself. But Soviet prosecutors at Nuremberg were unable to deal comfortably with the complexities of an open, western-style legal proceeding, which undercut their effectiveness throughout the trial. However, they were able to present a significant body of evidence that underscored the brutal nature of Hitler's racial war in Russia from 1941-45, a theme which became central to Stalin's efforts to redefine international criminal law after the war. Stalin's Soviet Justice provides a nuanced analysis of the Soviet justice system at a crucial turning point in European history and it will be vital reading for scholars and advanced students of the legal history of the Soviet Union, the history of war crimes and the aftermath of the Second World War.




The Nuremberg Trials


Book Description

Postwar Nuremberg is set to host a historically unprecedented trial of the leaders of the defeated Third Reich. The whole world is awaiting a just verdict, but it is here where Soviet counterintelligence must wage a secret war against forces that seek to prevent that from happening at any cost. Nuremberg, having been nearly wiped from the face of the earth during the harsh fighting, becomes an arena for ruthless struggles in both hidden and overt operations. Nazis are still operating underground, spies weave their intrigues, politicians and diplomats make bargains, and movie stars dazzle the public. The enormous efforts led by the USSR’s chief prosecutor Roman Rudenko to expose the Nazi atrocities are threatened. It is here where counterintelligence officer Major Denis Rebrov must operate: he has been tasked with a matter of special state importance. But in this old imperial city, the ruins of which are home to people who would do anything for a pack of cigarettes or a loaf of bread, where revelations about unimaginable crimes come out daily, Rebrov meets Princess Irina Kurakina, born to an aristocratic family of Russian emigres. The pages of this novel abound with real historical figures. Besides the USSR chief prosecutor Rudenko and his American analogue Robert Jackson, readers will be introduced to Nazi bosses Goering, Ribbentrop, Hess and Kaltenbrunner, film stars Olga Chekhov (Hitler’s favorite actress) and Marlene Dietrich, as well as the “great leader” Stalin and his closest companions Molotov, Beria and Vyshinsky. The Nuremberg Trials is based upon real facts that were hitherto unknown and details that the author, who spent many years studying the trials, learned from participants and witnesses. Translated from the Russian by Christopher Culver. Published with the support of the Institute for Literary Translation, Russia. Publishers Maxim Hodak and Max Mendor.




Dealing with Wars and Dictatorships


Book Description

Democratic ‘transitions’ in Latin America, Eastern Europe, and South Africa, often studied under the conceptual rubric of ‘transitional justice’, have involved the formation of public policies toward the past that are multifaceted and often ambitious. Recent scholarship rarely questions the concepts and categories transposed from one country to another. This is true both in the language of political life and in the social sciences examining past-oriented public policy, especially policy toward ‘ethnic cleansing’ and the line between the language of political practice, legal analysis, and scholarly discourse has been quite porous. This book examines how these phenomena have been described and understood by focusing recent processes, such as the advent of international criminal justice, in relation to previous postwar and recent purges. By crossing disciplinary approaches and periods, the authors pay attention to three main aspects: the legal or political concepts used (and/or the ones mobilized in the academic work); the circulation of categories, know-how, and arguments; the different levels that can shed light on transitions.




The New Histories of International Criminal Law


Book Description

The language of international criminal law has considerable traction in global politics, and much of its legitimacy is embedded in apparently 'axiomatic' historical truths. This innovative edited collection brings together some of the world's leading international lawyers with a very clear mandate in mind: to re-evaluate ('retry') the dominant historiographical tradition in the field of international criminal law. Carefully curated, and with contributions by leading scholars, The New Histories of International Criminal Law pursues three research objectives: to bring to the fore the structure and function of contemporary histories of international criminal law, to take issue with the consequences of these histories, and to call for their demystification. The essays discern several registers on which the received historiographical tradition must be retried: tropology; inclusions/exclusions; gender; race; representations of the victim and the perpetrator; history and memory; ideology and master narratives; international criminal law and hegemonic theories; and more. This book intervenes critically in the fields of international criminal law and international legal history by bringing in new voices and fresh approaches. Taken as a whole, it provides a rich account of the dilemmas, conundrums, and possibilities entailed in writing histories of international criminal law beyond, against, or in the shadow of the master narrative.




The Execution of Illegal Orders and International Criminal Responsibility


Book Description

The legal consequence of the superior orders defense has long been debated as one of the major problems in international criminal law. Several controversial issues such as the immunity of the state, the absolute character of military discipline, and immunity on the grounds of mistake of law and/or coercion have been complexly interwoven in the debates. The Execution of Illegal Orders and International Criminal Responsibility provides a comprehensive portrait of the relevant debates at the international level up to the present, analyzes the conflicting views, and shows the significance of the development of international rules for the superior orders defense as well as the implication of the fact that issues concerning some detailed or related rules have been left unresolved. This study presents to present a new standpoint not only on dealing with the problem of the superior orders defense but also on reconsidering the international stipulation of rulemaking with regard to criminal matters.




Smersh


Book Description

SMERSH is the award-winning account of the top-secret counterintelligence organisation that dealt with Stalin's enemies from within the shadowy recesses of Soviet government. As James Bond's nemesis in Ian Fleming's novels, SMERSH and its operatives were depicted in exotic duels with 007, rather than fostering the bleak oppression and terror they actually spread in the name of their dictator. Stalin drew a veil of secrecy over SMERSH's operations in 1946, but that did not stop him using it to terrify Red Army dissenters in Leningrad and Moscow, or to abduct and execute suspected spooks - often without cause - across mainland Europe. Formed to mop up Nazi spy rings at the end of the Second World War, SMERSH gained its name from a combination of the Russian words for 'Death to Spies'. Successive Communist governments suppressed traces of Stalin's political hit squad; now Vadim Birstein lays bare the surgical brutality with which it exerted its influence as part of the paranoid regime, both within the Soviet Union and in the wider world. SMERSH was the most mysterious and secret of organisations - this definitive and magisterial history finally reveals truths that lay buried for nearly fifty years.