Holocaust, Genocide, and the Law

Holocaust, Genocide, and the Law
Author: Michael Bazyler
Publisher: Oxford University Press
Total Pages: 393
Release: 2016-10-25
Genre: Law
ISBN: 0199749167

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

Holocaust and Genocide Denial
Author: Paul Behrens
Publisher: Routledge
Total Pages: 308
Release: 2017-05-18
Genre: Law
ISBN: 1317204158

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

Cultural Genocide
Author: Jeffrey S. Bachman
Publisher: Routledge
Total Pages: 303
Release: 2019-05-24
Genre: Political Science
ISBN: 1351214098

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.

The Problems of Genocide

The Problems of Genocide
Author: A. Dirk Moses
Publisher: Cambridge University Press
Total Pages: 611
Release: 2021-02-04
Genre: History
ISBN: 1107103584

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

Totally Unofficial

Totally Unofficial
Author: Dan Eshet
Publisher:
Total Pages: 0
Release: 2007
Genre: Convention on the Prevention and Punishment of the Crime of Genocide
ISBN: 9780979844003

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.

Atrocity Speech Law

Atrocity Speech Law
Author: Gregory S. Gordon
Publisher: Oxford University Press
Total Pages: 465
Release: 2017
Genre: History
ISBN: 0190612681

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.

East West Street

East West Street
Author: Philippe Sands
Publisher: Vintage
Total Pages: 466
Release: 2016-05-24
Genre: History
ISBN: 0385350724

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

Holocaust, Genocide, and the Law

Holocaust, Genocide, and the Law
Author: Michael J. Bazyler
Publisher: Oxford University Press
Total Pages: 393
Release: 2017-07
Genre: History
ISBN: 0190664037

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."

Law, History, and Justice

Law, History, and Justice
Author: Annette Weinke
Publisher: Berghahn Books
Total Pages: 529
Release: 2018-12-17
Genre: Political Science
ISBN: 1805399020

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.

Forgotten Trials of the Holocaust

Forgotten Trials of the Holocaust
Author: Michael J. Bazyler
Publisher: NYU Press
Total Pages: 384
Release: 2014-10-10
Genre: History
ISBN: 1479886068

"In the wake of the Second World War, how were the Allies to respond to the enormous crime of the Holocaust? Even in an ideal world, it would have been impossible to bring all the perpetrators to trial. Nevertheless, an attempt was made to prosecute some. Most people have heard of the Nuremberg trial and the Eichmann trial, though they probably have not heard of the Kharkov Trial--the first trial of Germans for Nazi-era crimes--or even the Dachau Trials, in which war criminals were prosecuted by the American military personnel on the former concentration camp grounds. This book uncovers ten "forgotten trials" of the Holocaust, selected from the many Nazi trials that have taken place over the course of the last seven decades. It showcases how perpetrators of the Holocaust were dealt with in courtrooms around the world--in the former Soviet Union, the United Kingdom, Israel, France, Poland, the United States and Germany--revealing how different legal systems responded to the horrors of the Holocaust. The book provides a graphic picture of the genocidal campaign against the Jews through eyewitness testimony and incriminating documents and traces how the public memory of the Holocaust was formed over time. The volume covers a variety of trials--of high-ranking statesmen and minor foot soldiers, of male and female concentration camps guards and even trials in Israel of Jewish Kapos--to provide the first global picture of the laborious efforts to bring perpetrators of the Holocaust to justice. As law professors and litigators, the authors provide distinct insights into these trials. "--