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The University of Chicago Projects of Punishment In THE UNIVERSITY OF CHICAGO PROJECTS OF PUNISHMENT IN POSTWAR POLAND: WAR CRIMINALS, COLLABORATORS, TRAITORS, AND THE (RE)CONSTRUCTION OF THE NATION A DISSERTATION SUBMITTED TO THE FACULTY OF THE DIVISION OF THE SOCIAL SCIENCES IN CANDIDACY FOR THE DEGREE OF DOCTOR OF PHILOSOPHY DEPARTMENT OF SOCIOLOGY BY LOUISA MARIE MCCLINTOCK CHICAGO, ILLINOIS DECEMBER 2015 TABLE OF CONTENTS List of Tables .......................................................................................................................... iii Acknowledgments........................................................................................................................ iv Abstract .......................................................................................................................... vi Introduction Technologies of Retribution in Postwar Poland ................................................. 1 Chapter One Between “Old and New” and “East and West”: Poland and the Main Commission to Investigate German War Crimes, 1944–1953 ........................... 17 Chapter Two The Theory and Practice of Punishing Nazi Collaborators ................................ 74 Chapter Three The Volksdeutsche ............................................................................................ 128 Chapter Four The Holocaust on Trial?.................................................................................... 187 Conclusion A New Postwar Reality Takes Shape “in the Shadow of the Crematoria” ....... 225 Bibliography ....................................................................................................................... 235 ii LIST OF TABLES Table 1. Occupational Distribution for August Decree Cases ............................................... 101 Table 2. Occupational Distributions for Unindicted August Decree Cases ........................... 102 Table 3. Occupational Distributions for Indicted August Decree Cases ............................... 103 Table 4. August Decree Trial Outcomes by Occupational Distribution ................................ 103 Table 5. August Decree Cases for the “Blue Police” ............................................................. 105 Table 6. August Decree Cases for Village Elders .................................................................. 111 iii ACKNOWLEDGMENTS This dissertation is the product of a longstanding interest in how governments and societies address legacies of wide-scale human rights violations perpetrated by prior authoritarian and totalitarian regimes. Although my initial explorations into this topic centered on post-World War II Germany, a 2003 visit to Poland captured my “historical imagination.” In the years since, this project has taken shape as I have wandered ruined ghettos and Jewish cemeteries, visited concentration camps and sites of mass executions, and ruminated upon the horrors of genocide and mass atrocities that haunt Poland to this day. For the last nine years, the Sociology Department at the University of Chicago has provided me with an intellectual home as I developed this project. In particular, I owe an enormous debt of gratitude to my dissertation committee—Elisabeth Clemens (chair), Michael Geyer, and Andreas Glaeser—whose differing methodological and theoretical perspectives have greatly enriched my thinking about this topic. I also extend my thanks to Linnea Martin who provided invaluable technical and moral support throughout my graduate school experience. My gratitude extends beyond the bounds of Hyde Park. Special thanks to my family for encouraging my academic interests from an early age. In addition to my parents and sister, I have been fortunate to find “family” wherever my intellectual interests have led me. In Poland, Tomasz, Marioła, Tobiaszek, and Łucja Załuccy not only helped me get acclimated to daily life in Lublin, but they also provided me with a home away from home, long conversations in the kitchen, a crash course in colloquial Polish, and an introduction into the beauty of Polish holidays. In Warsaw, Monika Domanowska and WarKot not only helped me “dot my z’s and cross my l’s”—the Polish equivalent to “dotting i’s and crossing t’s”—in numerous official iv correspondences and documents, they have become very dear friends. Thank you to my German family Franz Ferdinand Busch and Christiane Brehe for weekends in Berlin and the joys of the “kleine Verrücktheiten des Lebens.” Thank you to Corina Graif for suggesting sociology to me in the first place. Finally, I would like to thank Jesse Leo Kass for his unflagging support over the years. He has never let December in Russia, locked gates, packs of wild dogs, and every calamity in between spoil a good adventure. My life has been greatly enriched by his friendship, love, and appreciation of Mel Brooks. I dedicate this dissertation to him. v ABSTRACT Projects of Punishment in Postwar Poland: War Criminals, Collaborators, Traitors, and the (Re)Construction of the Nation traces the development and deployment of two “technologies of retribution” in Poland in the immediate aftermath of World War II: the Main Commission to Investigate German War Crimes, an organization tasked with coordinating the investigation and punishment of Nazi war criminals in international and domestic courts of law, and the project of constructing the legal and procedural infrastructure to punish Polish collaborators within the reactivated interwar criminal justice system. It uses these large-scale, justice-seeking projects as a framework in which to analyze how the social solidarities that undergird local communities are (re)forged in the aftermath of widespread atrocities. In doing so, it highlights how these “technologies of retribution” were shaped by the dynamic interactions between socialist political elites, interwar legal personnel who had been reinstated to help steer these projects, and finally, by individuals and local communities seeking retribution for acts of wartime wrongdoing. As these actors struggled to realize these projects of punishment, new forms of self- and national identification were produced that anchored local communities to the new postwar Polish socialist state. vi INTRODUCTION TECHNOLOGIES OF RETRIBUTION IN POSTWAR POLAND As part of the standard school curriculum, all Polish children are required to read Medallions, a collection of short stories by the acclaimed author Zofia Nałkowska. These stories distill into literary form testimony Nałkowska had gathered while working for the Main Commission to Investigate German War Crimes in Poland. With a title that deliberately invoked the portraits affixed to the tombstones of the departed (known as medallions), Nałkowska captured in stark language and raw visual imagery the incomprehensibility of the mass atrocities visited upon Poland during the Nazi occupation. Now, over seventy years after the end of the war and the publication of her book, Nałkowska’s Medallions is used to cultivate a collective moral outrage that “people dealt this fate to people” (the epigraph of the book) among the great- grandchildren of those who survived these traumas. It was this sense of collective moral outrage that drove Polish efforts to rebuild shattered lives, fractured communities, and a functioning state in the immediate aftermath of the Nazi occupation. Against a backdrop of political, social, economic, and moral devastation, Poland’s new socialist leaders recently returned from wartime exile in Moscow or from the communist underground aimed to harness and channel the popular drive for retribution through large-scale, justice-seeking projects that were to simultaneously legitimize the socialist state-building project. The “technologies of retribution” deployed to this end were twofold: the Main Commission to Investigate German War Crimes, an organization tasked with coordinating the investigation and punishment of Nazi war criminals in international and domestic courts of law, and the construction of an infrastructure to punish Polish collaborators within the reactivated interwar criminal justice system. 1 This dissertation uses these two “technologies of retribution” as a framework to analyze how the social solidarities that undergird local communities are (re)forged in the aftermath of widespread atrocities. It shows how these processes were shaped by the dynamic interactions between socialist political elites, interwar legal personnel who had been reinstated to help steer these projects, and finally, by individuals and local communities seeking retribution for acts of wartime wrongdoing. As these actors struggled to realize these projects of punishment, new forms of self- and national identification were produced that anchored local communities to the new postwar Polish state. Crime, Punishment, and Nation-Building During times of political, social, and economic stability, criminal law and its public performance in courts can play an important role in affirming the collective consensus about socially constructed norms of “right” and “wrong.” The ritual of punishment embodied in the legal process not only allows society to express and channel moral outrage and reaffirm boundaries between the permissible and the forbidden, but it also allows transgressors the opportunity to atone for wrongdoing and rejoin the community. In the most extreme cases, it provides a vehicle by which to permanently excise offenders from the social body through lifelong imprisonment or death. In this manner, law and criminal legal practice draw the line between who is
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