The Restoration of Justice in Postwar Hesse, 1945-1949


Book Description

The Restoration of Justice in Postwar Hesse deals with the reconstruction of the administration of justice in postwar Hesse, a newly established state in the American occupation zone, during the Allied military occupation of Germany from 1945 to 1949.




Nazi Crimes against Jews and German Post-War Justice


Book Description

Of all victims of Nazi persecution, German Jews had to suffer the Nazi yoke for the longest time. Throughout the Third Reich, they were exposed to anti-Jewish propaganda, discrimination, anti-Semitic laws and increasingly to outrages and offences by non-Jewish Germans. While the International Military Tribunal and the subsequent American Military Tribunals at Nuremberg dealt with a variety of Nazi crimes according to international law, these courts did not consider themselves cognizant in adjudicating wrongdoings against German citizens and those who lost German citizenship based on the so-called “Nuremberg laws,” such as Germany’s Jews. Until recently, scholarship failed to explore this task of the German judiciary in more detail. Edith Raim fills this gap by showing the extent of the crimes committed against Jews beyond the traditionally known facts and by elucidating how the West German administration of justice was reconstructed under Allied supervision.




Laying Down the Law


Book Description

Winner of the John Phillip Reed Book Award, American Society for Legal History A legal historian opens a window on the monumental postwar effort to remake fascist Germany and Japan into liberal rule-of-law nations, shedding new light on the limits of America’s ability to impose democracy on defeated countries. Following victory in WWII, American leaders devised an extraordinarily bold policy for the occupations of Nazi Germany and Imperial Japan: to achieve their permanent demilitarization by compelled democratization. A quintessentially American feature of this policy was the replacement of fascist legal orders with liberal rule-of-law regimes. In his comparative investigation of these epic reform projects, noted legal historian R. W. Kostal shows that Americans found it easier to initiate the reconstruction of foreign legal orders than to complete the process. While American agencies made significant inroads in the elimination of fascist public law in Germany and Japan, they were markedly less successful in generating allegiance to liberal legal ideas and institutions. Drawing on rich archival sources, Kostal probes how legal-reconstructive successes were impeded by German and Japanese resistance on one side, and by the glaring deficiencies of American theory, planning, and administration on the other. Kostal argues that the manifest failings of America’s own rule-of-law democracy weakened US credibility and resolve in bringing liberal democracy to occupied Germany and Japan. In Laying Down the Law, Kostal tells a dramatic story of the United States as an ambiguous force for moral authority in the Cold War international system, making a major contribution to American and global history of the rule of law.




The Art of Occupation


Book Description

The literature describing social conditions during the post–World War II Allied occupation of Germany has been divided between seemingly irreconcilable assertions of prolonged criminal chaos and narratives of strict martial rule that precluded crime. In The Art of Occupation, Thomas J. Kehoe takes a different view on this history, addressing this divergence through an extensive, interdisciplinary analysis of the interaction between military government and social order. Focusing on the American Zone and using previously unexamined American and German military reports, court records, and case files, Kehoe assesses crime rates and the psychology surrounding criminality. He thereby offers the first comprehensive exploration of criminality, policing, and both German and American fears around the realities of conquest and potential resistance, social and societal integrity, national futures, and a looming threat from communism in an emergent Cold War. The Art of Occupation is the fullest study of crime and governance during the five years from the first Allied incursions into Germany from the West in September 1944 through the end of the military occupation in 1949. It is an important contribution to American and German social, military, and police histories, as well as historical criminology.




The Nuremberg Military Tribunals and the Origins of International Criminal Law


Book Description

This book provides the first comprehensive legal analysis of the twelve war crimes trials held in the American zone of occupation between 1946 and 1949, collectively known as the Nuremberg Military Tribunals (NMTs). The judgments the NMTs produced have played a critical role in the development of international criminal law, particularly in terms of how courts currently understand war crimes, crimes against humanity, and the crime of aggression. The trials are also of tremendous historical importance, because they provide a far more comprehensive picture of Nazi atrocities than their more famous predecessor, the International Military Tribunal at Nuremberg (IMT). The IMT focused exclusively on the 'major war criminals'-the Goerings, the Hesses, the Speers. The NMTs, by contrast, prosecuted doctors, lawyers, judges, industrialists, bankers-the private citizens and lower-level functionaries whose willingness to take part in the destruction of millions of innocents manifested what Hannah Arendt famously called 'the banality of evil'. The book is divided into five sections. The first section traces the evolution of the twelve NMT trials. The second section discusses the law, procedure, and rules of evidence applied by the tribunals, with a focus on the important differences between Law No. 10 and the Nuremberg Charter. The third section, the heart of the book, provides a systematic analysis of the tribunals' jurisprudence. It covers Law No. 10's core crimes-crimes against peace, war crimes, and crimes against humanity-as well as the crimes of conspiracy and membership in a criminal organization. The fourth section then examines the modes of participation and defenses that the tribunals recognized. The final section deals with sentencing, the aftermath of the trials, and their historical legacy.




Indirect Perpetrators


Book Description

This work is an examination of the very first systematic attempt to bring before the courts and prosecute those who had directly or indirectly contributed to a crime against humanity by informing upon others during the National Socialist era in Germany. Szanajda looks at the theoretical and practical problems associated with this process and examines of how this process actually worked in practice in the immediate postwar era in the Western Occupation Zones and the Federal Republic of Germany.




A Serial Killer in Nazi Berlin


Book Description

As the Nazi war machine caused death and destruction throughout Europe, one man in the Fatherland began his own reign of terror. This is the true story of the pursuit and capture of a serial killer in the heart of the Third Reich. For all appearances, Paul Ogorzow was a model German. An employed family man, party member, and sergeant in the infamous Brownshirts, he had worked his way up in the Berlin railroad from a manual laborer laying track to assistant signalman. But he also had a secret need to harass and frighten women. Then he was given a gift from the Nazi high command. Due to Allied bombing raids, a total blackout was instituted throughout Berlin, including on the commuter trains—trains often used by women riding home alone from the factories. Under cover of darkness and with a helpless flock of victims to choose from, Ogorzow’s depredations grew more and more horrific. He escalated from simply frightening women to physically attacking them, eventually raping and murdering them. Beginning in September 1940, he started casually tossing their bodies off the moving train. Though the Nazi party tried to censor news of the attacks, the women of Berlin soon lived in a state of constant fear. It was up to Wilhelm Lüdtke, head of the Berlin police’s serious crimes division, to hunt down the madman in their midst. For the first time, the gripping full story of Ogorzow’s killing spree and Lüdtke’s relentless pursuit is told in dramatic detail. From the Hardcover edition.







Debating the American State


Book Description

The New Deal left a host of political, institutional, and economic legacies. Among them was the restructuring of the government into an administrative state with a powerful executive leader and a large class of unelected officials. This "leviathan" state was championed by the political left, and its continued growth and dominance in American politics is seen as a product of liberal thought—to the extent that "Big Government" is now nearly synonymous with liberalism. Yet there were tensions among liberal statists even as the leviathan first arose. Born in crisis and raised by technocrats, the bureaucratic state always rested on shaky foundations, and the liberals who built and supported it disagreed about whether and how to temper the excesses of the state while retaining its basic structure and function. Debating the American State traces the encounter between liberal thought and the rise of the administrative state and the resulting legitimacy issues that arose for democracy, the rule of law, and individual autonomy. Anne Kornhauser examines a broad and unusual cast of characters, including American social scientists and legal academics, the philosopher John Rawls, and German refugee intellectuals who had witnessed the destruction of democracy in the face of a totalitarian administrative state. In particular, she uncovers the sympathetic but concerned voices—commonly drowned out in the increasingly partisan political discourse—of critics who struggled to reconcile the positive aspects of the administrative state with the negative pressure such a contrivance brought on other liberal values such as individual autonomy, popular sovereignty, and social justice. By showing that the leviathan state was never given a principled and scrupulous justification by its proponents, Debating the American State reveals why the liberal state today remains haunted by programmatic dysfunctions and relentless political attacks.




Historical Abstracts


Book Description