Holocaust, Genocide, and the Law


Book 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."




Holocaust and Genocide Denial


Book Description

This book provides a detailed analysis of one of the most prominent and widespread international phenomena to which criminal justice systems has been applied: the expression of revisionist views relating to mass atrocities and the outright denial of their existence. Denial poses challenges to more than one academic discipline: to historians, the gradual disappearance of the generation of eyewitnesses raises the question of how to keep alive the memory of the events, and the fact that negationism is often offered in the guise of historical 'revisionist scholarship' also means that there is need for the identification of parameters which can be applied to the office of the 'genuine' historian. Legal academics and practitioners as well as political scientists are faced with the difficulty of evaluating methods to deal with denial and must in this regard identify the limits of freedom of speech, but also the need to preserve the rights of victims. Beyond that, the question arises whether the law can ever be an effective option for dealing with revisionist statements and the revisionist movement. In this regard, Holocaust and Genocide Denial: A Contextual Perspective breaks new ground: exploring the background of revisionism, the specific methods devised by individual States to counter this phenomenon, and the rationale for their strategies. Bringing together authors whose expertise relates to the history of the Holocaust, genocide studies, international criminal law and social anthropology, the book offers insights into the history of revisionism and its varying contexts, but also provides a thought-provoking engagement with the challenging questions attached to its treatment in law and politics.




Cultural Genocide


Book Description

This book explores concepts of Cultural genocide, its definitions, place in international law, the systems and methods that contribute to its manifestations, and its occurrences. Through a systematic approach and comprehensive analysis, international and interdisciplinary contributors from the fields of genocide studies, legal studies, criminology, sociology, archaeology, human rights, colonial studies, and anthropology examine the legal, structural, and political issues associated with cultural genocide. This includes a series of geographically representative case studies from the USA, Brazil, Australia, West Papua, Iraq, Palestine, Iran, and Canada. This volume is unique in its interdisciplinarity, regional coverage, and the various methods of cultural genocide represented, and will be of interest to scholars of genocide studies, cultural studies and human rights, international law, international relations, indigenous studies, anthropology, and history.




Atrocity Speech Law


Book Description

This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.




Totally Unofficial


Book Description

This case study highlighting the story of Raphael Lemkin challenges everyone to think deeply about what it will take for individuals, groups, and nations to take up Lemkin's challenge. To make this material accessible for classrooms, this resource includes several components: an introduction by Genocide scholar Omer Bartov; a historical case study on Lemkin and his legacy; questions for student reflection; suggested resources; a series of lesson plans using the case study; and a selection of primary source documents. Born in 1900, Raphael Lemkin, devoted most of his life to a single goal: making the world understand and recognize a crime so horrific that there was not even a word for it. Lemkin took a step toward his goal in 1944 when he coined the word "genocide" which means the destruction of a nation or an ethnic group. He said he had created the word by combining the ancient Greek word "genos" (race, tribe) and the Latin "cide" (killing). In 1948, three years after the concentration camps of World War ii had been closed forever, the newly formed United Nations used this new word in a treaty that was intended to prevent any future genocides. Lemkin died a decade later. He had lived long enough to see his word widely accepted and also to see the United Nations treaty, called the Convention on the Prevention and Punishment of the Crime of Genocide adopted by many nations. But, sadly, recent history reminds everyone that laws and treaties are not enough to prevent genocide. Individual sections contain footnotes.




Genocide, State Crime and the Law


Book Description

Genocide, State Crime and the Law argues that genocide and other forms of state crime must be located in relation to cultural, political and legal processes if they are to be properly understood and addressed.




East West Street


Book Description

A profound, important book, a moving personal detective story and an uncovering of secret pasts, set in Europe’s center, the city of bright colors—Lviv, Ukraine, dividing east from west, north from south, in what had been the Austro-Hungarian Empire. A book that explores the development of the world-changing legal concepts of “genocide” and “crimes against humanity” that came about as a result of the unprecedented atrocities of Hitler’s Third Reich. 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. This is “a monumental achievement ... told with love, anger and precision” (John le Carré, acclaimed internationally bestselling author). 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 “the Paris of Ukraine,” a major cultural center of Europe, a city variously called Lemberg, Lwów, Lvov, or Lviv. Phillipe Sands changes the way we look at the world, at our understanding of history and how civilization has tried to cope with mass murder




The Problems of Genocide


Book Description

Historically delineates the problems of genocide as a concept in relation to rival categories of mass violence.




Law, History, and Justice


Book Description

Since the nineteenth century, the development of international humanitarian law has been marked by complex entanglements of legal theory, historical trauma, criminal prosecution, historiography, and politics. All of these factors have played a role in changing views on the applicability of international law and human-rights ideas to state-organized violence, which in turn have been largely driven by transnational responses to German state crimes. Here, Annette Weinke gives a groundbreaking long-term history of the political, legal and academic debates concerning German state and mass violence in the First World War, during the National Socialist era and the Holocaust, and under the GDR.




Extraordinary Justice


Book Description

In just a few short years, the Khmer Rouge presided over one of the twentieth century’s cruelest reigns of terror. Since its 1979 overthrow, there have been several attempts to hold the perpetrators accountable, from a People’s Revolutionary Tribunal shortly afterward through the early 2000s Extraordinary Chambers in the Courts of Cambodia, also known as the Khmer Rouge Tribunal. Extraordinary Justice offers a definitive account of the quest for justice in Cambodia that uses this history to develop a theoretical framework for understanding the interaction between law and politics in war crimes tribunals. Craig Etcheson, one of the world’s foremost experts on the Cambodian genocide and its aftermath, draws on decades of experience to trace the evolution of transitional justice in the country from the late 1970s to the present. He considers how war crimes tribunals come into existence, how they operate and unfold, and what happens in their wake. Etcheson argues that the concepts of legality that hold sway in such tribunals should be understood in terms of their orientation toward politics, both in the Khmer Rouge Tribunal and generally. A magisterial chronicle of the inner workings of postconflict justice, Extraordinary Justice challenges understandings of the relationship between politics and the law, with important implications for the future of attempts to seek accountability for crimes against humanity.