Emotion and Memory of the Holocaust
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Justice in the Justice Trial at Nuremberg Stephen J
University of Baltimore Law Review Volume 46 | Issue 3 Article 4 5-2017 A Court Pure and Unsullied: Justice in the Justice Trial at Nuremberg Stephen J. Sfekas Circuit Court for Baltimore City, Maryland Follow this and additional works at: http://scholarworks.law.ubalt.edu/ublr Part of the Fourteenth Amendment Commons, International Law Commons, and the Legal History Commons Recommended Citation Sfekas, Stephen J. (2017) "A Court Pure and Unsullied: Justice in the Justice Trial at Nuremberg," University of Baltimore Law Review: Vol. 46 : Iss. 3 , Article 4. Available at: http://scholarworks.law.ubalt.edu/ublr/vol46/iss3/4 This Peer Reviewed Articles is brought to you for free and open access by ScholarWorks@University of Baltimore School of Law. It has been accepted for inclusion in University of Baltimore Law Review by an authorized editor of ScholarWorks@University of Baltimore School of Law. For more information, please contact [email protected]. A COURT PURE AND UNSULLIED: JUSTICE IN THE JUSTICE TRIAL AT NUREMBERG* Hon. Stephen J. Sfekas** Therefore, O Citizens, I bid ye bow In awe to this command, Let no man live Uncurbed by law nor curbed by tyranny . Thus I ordain it now, a [] court Pure and unsullied . .1 I. INTRODUCTION In the immediate aftermath of World War II, the common understanding was that the Nazi regime had been maintained by a combination of instruments of terror, such as the Gestapo, the SS, and concentration camps, combined with a sophisticated propaganda campaign.2 Modern historiography, however, has revealed the -
Filming the End of the Holocaust War, Culture and Society
Filming the End of the Holocaust War, Culture and Society Series Editor: Stephen McVeigh, Associate Professor, Swansea University, UK Editorial Board: Paul Preston LSE, UK Joanna Bourke Birkbeck, University of London, UK Debra Kelly University of Westminster, UK Patricia Rae Queen’s University, Ontario, Canada James J. Weingartner Southern Illimois University, USA (Emeritus) Kurt Piehler Florida State University, USA Ian Scott University of Manchester, UK War, Culture and Society is a multi- and interdisciplinary series which encourages the parallel and complementary military, historical and sociocultural investigation of 20th- and 21st-century war and conflict. Published: The British Imperial Army in the Middle East, James Kitchen (2014) The Testimonies of Indian Soldiers and the Two World Wars, Gajendra Singh (2014) South Africa’s “Border War,” Gary Baines (2014) Forthcoming: Cultural Responses to Occupation in Japan, Adam Broinowski (2015) 9/11 and the American Western, Stephen McVeigh (2015) Jewish Volunteers, the International Brigades and the Spanish Civil War, Gerben Zaagsma (2015) Military Law, the State, and Citizenship in the Modern Age, Gerard Oram (2015) The Japanese Comfort Women and Sexual Slavery During the China and Pacific Wars, Caroline Norma (2015) The Lost Cause of the Confederacy and American Civil War Memory, David J. Anderson (2015) Filming the End of the Holocaust Allied Documentaries, Nuremberg and the Liberation of the Concentration Camps John J. Michalczyk Bloomsbury Academic An Imprint of Bloomsbury Publishing Plc LONDON • OXFORD • NEW YORK • NEW DELHI • SYDNEY Bloomsbury Academic An imprint of Bloomsbury Publishing Plc 50 Bedford Square 1385 Broadway London New York WC1B 3DP NY 10018 UK USA www.bloomsbury.com BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc First published 2014 Paperback edition fi rst published 2016 © John J. -
Otto Dietrich and the Future of Persecution Law
The Forgotten Nuremberg Hate Speech Case: Otto Dietrich and the Future of Persecution Law GREGORY S. GORDON* Among internationaljurists, the conventional wisdom is that atrocity speech law sprang fully formed from two judgments issued by the International Military Tribunal at Nuremberg (IMT): the crimes against humanity conviction of Nazi newspaper editor Julius Streicher, and the acquittal on the same charge of Third Reich Radio Division Chief Hans Fritzsche. But the exclusive focus on the IMT judgments as the founding texts of atrocity speech law is misplaced. Not long after Streicher and Fritzsche, and in the same courtroom, the United States Nuremberg Military Tribunal (NMT) in the Ministries Case, issued an equally significant crimes againsthumanity judgment against Reich Press Chief Otto Dietrich, who was convicted despite the fact that the charged language did not directly callfor violence. So why is the Dietrichjudgment, a relatively obscure holding, issued sixty-five years ago, so significant today, after the development of a substantialbody ofad hoc tribunaljurisprudence on atrocity speech? It is because the seemingly antithetical holdings in Streicher and Fritzsche are more than just the subject of academic discourse. The next generation of atrocity speech decisions, it turns out, is at loggerheads about the relationship between hate speech and persecution as a crime against humanity. Trial chambersfor the InternationalCriminal Tribunalfor Rwanda (ICTR) have found that hate speech, standing alone, can be the basis for charges of crimes against humanity (persecution). A trial chamber for the International Criminal Tribunal for the former Yugoslavia has reached the opposite conclusion. And surprisingly, these judicial decisions, like the academic commentary, have completely ignored the Dietrich judgment. -
Judgment at Nuremberg, Including Pre- and Post-Show Discussions Conducted by Community Leaders and This Expanded Audience Guide
Theater you can afford to see— plays you can’t afford to miss! About The American Century Theater The American Century Theater was founded in 1994. We are a professional company dedicated to presenting great, important, but overlooked American plays of the twentieth century . what Henry Luce called “the American Century.” The company’s mission is one of rediscovery, enlightenment, and perspective, not nostalgia or preservation. Americans must not lose the extraordinary vision and wisdom of past playwrights, nor can we afford to surrender our moorings to our shared cultural heritage. Our mission is also driven by a conviction that communities need theater, and theater needs audiences. To those ends, this company is committed to producing plays that challenge and move all Americans, of all ages, origins and points of view. In particular, we strive to create theatrical experiences that entire families can watch, enjoy, and discuss long afterward. These audience guides are part of our effort to enhance the appreciation of these works, so rich in history, content, and grist for debate. The American Century Theater is a 501(c)(3) professional nonprofit theater company dedicated to producing significant 20th Century American plays and musicals at risk of being forgotten. This program is supported in part by Arlington County through the Arlington Commission for the Arts and Arlington Cultural Affairs, a division of Arlington Economic Development; the Virginia Commission for the Arts; the National Endowment for the Arts; the Arlington Community Foundation; and many generous donors. The American Century Theater thanks the Arlington Community Foundation for its generous grant permitting increased community outreach and education around our production of Judgment at Nuremberg, including pre- and post-show discussions conducted by community leaders and this expanded Audience Guide. -
Distribution Agreement in Presenting This Thesis As a Partial Fulfillment Of
Distribution Agreement In presenting this thesis as a partial fulfillment of the requirements for an advanced degree from Emory University, I hereby grant to Emory University and its agents the non-exclusive license to archive, make accessible, and display my thesis in whole or in part in all forms of media, now or hereafter known, including display on the world wide web. I understand that I may select some access restrictions as part of the online submission of this thesis. I retain all ownership rights to the copyright of the thesis. I also retain the right to use in future works (such as articles or books) all or part of this thesis. Signature: _________________________________ _____________ Michael B. Williams Date Anti-Semitism on Trial: The Case of Julius Streicher Before the International Military Tribunal at Nuremberg by Michael B. Williams Master of Arts Advisor: Astrid M. Eckert Department of History _________________________ Astrid M. Eckert Adviser _________________________ Brian Vick Committee Member . _________________________ Leah Roesch Committee Member Accepted: ________________________ Lisa A. Tedesco, Ph.D. Dean of the Graduate School ________________________ Date Anti-Semitism on Trial: The Case of Julius Streicher Before the International Military Tribunal at Nuremberg By Michael B. Williams B.A., Emory University, 2009 Advisor: Astrid M. Eckert, Ph.D. An Abstract of A thesis submitted to the Faculty of the Graduate School of Emory in partial fulfillment of the requirements of the degree of Master of Arts in History 2009 Abstract Anti-Semitism on Trial: The Case of Julius Streicher Before the International Military Tribunal at Nuremberg By Michael B. -
Implications of the Nuremberg Trials on the Trajectory of International Law, and the Reunification of German-Jewish Cultures
Tori Misrok Implications of the Nuremberg Trials on the Trajectory of International Law, and the Reunification of German-Jewish Cultures Upon the liberation of the myriad of concentration and extermination camps in Eastern Europe, proponents of justice across the globe urged for rectification for victims of the Holocaust, and retribution for the perpetrators. The multitude of abuses committed against the Jewish community, along with other populations such as homosexuals and “gypsies,” were unprecedented in scope, and demanded collective, international attention to prevent repetition. Prior to the post-World War II era, sovereign nations dealt with allocating responsibility for war crimes, and reparations when a war concluded, whereas they now had to factor consequences of the Holocaust into the adjudication. The Allied powers continuously denounced Nazi Germany for her actions, intending to deter further behavior; however, the aggression persisted. Although precedent for trying officials and nations accused of committing war crimes proved ineffective, the actions of Nazi Germany surpassed traditional aggressive war crimes, and infringed on human rights. Due to Nazi Germany’s unrelenting, militaristic belligerence, and remorseless persecution of the Jewish people, Allied forces were determined to administer punishment for their transgressions. Through the establishment of ad hoc military tribunals, Allied forces transcended the previous scope of international law by developing stringent regulations regarding atrocities of war, as well as -
The Nuremberg Justice Trial 1947
JAN SCHNITZER THE NUREMBERG JUSTICE TRIAL 1947 – VENGEANCE OF THE VICTORS ? LLM THESIS LAWS 591 FACULTY OF LAW 2010 2 3 In memory of the victims of the German judiciary between 1933 and 1945 4 5 TABLE OF CONTENTS ABSTRACT .................................................................................................. 9 ACKNOWLEDGEMENTS ....................................................................... 11 I INTRODUCTION ................................................................................ 13 II LEGAL BASIS OF THE TRIAL ........................................................ 19 A The Allies as the Controllers of the Legislative Power in Germany after World War II ....................................................... 19 1 The legitimisation of the trial by Allied documents ................... 19 (a) Declaration on German Atrocities (Moscow Declaration 1943) ..................................................................................... 20 (b) London Agreement of 8 August 1945 .................................. 22 (c) Charter of the International Military Tribunal ..................... 25 (d) Allied Control Council Law No. 10 ..................................... 29 (e) Ordinance No. 7 of the US Military Government for Germany ............................................................................... 31 (f) Judgment of the International Military Tribunal .................. 33 2 Compatibility with existing international law and customs....... 34 (a) Non-applicability of Hague Convention No. IV ..................... -
Some Questions and Issues Raised by the Film Judgment at Nuremberg
THE FOLLOWING QUESTIONS AND COMMENTS SHOULD HELP YOU TO PREPARE FOR THE DISCUSSION OF JUDGMENT AT NUREMBERG AND OF HOW THE LESSONS OF THESE TRIALS RELATE TO ISSUES THAT WE DISCUSSED EARLIER IN THE SEMESTER: SOME QUESTIONS AND ISSUES RAISED BY THE FILM JUDGMENT AT NUREMBERG 1) WHY DOES ERNST JANNING CHALLENGE THE AUTHORITY OF THE TRIBUNAL TO TRY HIM AND THE OTHER JUDGES? WHERE DOES THE TRIBUNAL’S AUTHORITY—AND ITS LEGITIMACY—COME FROM? 2) WERE THE NUREMBERG TRIALS JUST “VICTOR’S JUSTICE?” DID THEY APPLY A CLEAR AND EXISTING INTERNATIONAL LAW? WAS THERE A VIOLATION OF THE PRINCIPLE THAT PERSONS CANNOT BE TRIED FOR BEHAVIORS THAT WERE NOT CRIMINAL AT THE TIME THAT THOSE BEHAVIORS WERE COMMITTED? 3) WHAT DOES DEFENSE COUNSEL, HERR ROLF, MEAN WHEN HE SAYS THAT THE TRIBUNAL IS CREATING A CODE OF JUSTICE THAT THE WHOLE WORLD CAN BE RESPONSIBLE TO? IN WHAT SENSE CAN LAW BE MADE BY COURTS AS OPPOSED TO LEGISLATIVE BODIES? 4) THE PROSECUTOR ARGUES THAT DEFENDANTS WERE GUILTY OF “CRIMES COMMITTED IN THE NAME OF THE LAW.” HOW IS IT POSSIBLE FOR THE LAW TO VIOLATE THE LAW? BY WHAT STANDARD CAN WE JUDGE LAW TODAY? 5) DEFENDANT HOFSTEDLER CLAIMED THAT HE WAS DOING WHAT EVERY JUDGE MUST DO, CARRYING OUT THE LAW. HERR ROLF ALSO REFERS TO THE ROLE OF JUDGES, SAYING THAT THEY MUST NOT MAKE THE LAW, BUT RATHER CARRY IT OUT REGARDLESS OF WHETHER DOING SO IS JUST. CAN A JUDGE REASONABLY BE HELD CRIMINALLY RESPONSIBLE FOR APPLYING THE LAW OF HIS OR HER COUNTRY? DOES A “PATRIOT” CARRY OUT THE LAW OF THE COUNTRY OR FOLLOW JUSTICE WHEN THE TWO ARE IN CONFLICT? DOES IT MATTER HOW UNJUST THE LAW IS? 6) HERR ROLF SAYS THAT IF THE DEFENDANT JUDGES ARE TO BE FOUND GUILTY THEN OTHERS ARE GUILTY TOO--THE POPE, THE SOVIET UNION, THE AMERICAN INDUSTRIALISTS WHO PROFITED BY RE-ARMING HITLER. -
The Legacy of Nuremberg Henry T
Case Western Reserve Journal of International Law Volume 34 | Issue 3 2002 The Legacy of Nuremberg Henry T. King Jr. Follow this and additional works at: https://scholarlycommons.law.case.edu/jil Part of the International Law Commons Recommended Citation Henry T. King Jr., The Legacy of Nuremberg, 34 Case W. Res. J. Int'l L. 335 (2002) Available at: https://scholarlycommons.law.case.edu/jil/vol34/iss3/4 This Article is brought to you for free and open access by the Student Journals at Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Case Western Reserve Journal of International Law by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. THE LEGACY OF NUREMBERG Henry T. King, Jr. INTRODUCTION As dawn broke over the Nuremberg courthouse on November 21, 1945, the world little knew the significance of what was to occur that day. For it was on that day in Nuremberg that Justice Robert H. Jackson, speaking for the prosecution, would launch the first international trial of major war criminals in human history. For thousands of years up until that date, those who committed war crimes of the nature described at Nuremberg had largely gone unpunished. Now, at Nuremberg, civilization was coming to grips with the need to punish those who committed these crimes. As Jackson said in his ever-memorable opening address, "the real complaining party in this trial is civilization."1 The method used at Nuremberg, a fair trial, was unparalleled in human history and unique in its approach. -
81 Anti-Semitism and Der Sturmer On
31*1 "81 ANTI-SEMITISM AND DER STURMER ON TRIAL IN NUREMBERG, 1945-1946: THE CASE OF JULIUS STREICHER THESIS Presented to the Graduate Council of the University of North Texas in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS By Lee H. Bridges Denton, Texas August, 1997 31*1 "81 ANTI-SEMITISM AND DER STURMER ON TRIAL IN NUREMBERG, 1945-1946: THE CASE OF JULIUS STREICHER THESIS Presented to the Graduate Council of the University of North Texas in Partial Fulfillment of the Requirements For the Degree of MASTER OF ARTS By Lee H. Bridges Denton, Texas August, 1997 Bridges, Lee H., Anti-Semitism and Per Sturmer on Trial in Nuremberg. 1945-1946: The Case of Julius Stretcher. Master of Arts (History), August, 1997,106 pp., references, 77 titles. The central focus of this thesis is to rediscover Julius Streicher and to determine whether his actions merited the same punishment as other persons executed for war crimes. Sources used include Nuremberg Trial documents and testimony, memoirs of Nazi leaders, and other Nazi materials. The thesis includes seven chapters, which cover Streicher's life, especially the prewar decades, his years out of power, and his trial at Nuremberg. The conclusion reached is that Streicher did have some influence on the German people with his anti-Semitic newspaper Der Sturmer, but it is difficult to ascertain whether his speeches and writings contributed directly to the extermination of the Jews in World War II or simply reflected and magnified the anti-Semitism of his culture. Copyright by Lee H. -
Retrospectivity at Nuremberg: the Nature and Limits of a Schmittian
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by CLoK RETROSPECTIVITY AT NUREMBERG: THE NATURE AND LIMITS OF A SCHMITTIAN ANALYSIS By SUSAN MARY TWIST A thesis submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy at the University of Central Lancashire VOLUME I OF III JUNE 2012 ABSTRACT This doctoral thesis firstly examines the issues surrounding the retrospective deployment of criminal law in the context of international War Crimes Trials, specifically the empirical model presented by the Nuremberg Trial of the Major War Criminals 1945-46 at the end of the Second World War. Secondly, it evaluates the theoretical perspectives and ambiguities within the writings of Carl Schmitt during the period from 1912 until the immediate aftermath of WWII. Thirdly, it extrapolates an analytical model from Schmitt’s work with which to scrutinise and evaluate the utilisation of ex post facto criminal law at Nuremberg. Established literature deals comprehensively with the prevailing state of international law prior to Nuremberg, whilst there is also a wealth of documentary evidence and academic commentary, both laudatory and critical upon the prelude to the Trial proceedings and the ensuing juridical process. This thesis, however, focuses upon the deficits inherent within the hitherto largely undifferentiated notion of ‘retrospectivity’ and the formulation of an appropriate typography of the retroactive strands latent within it. Following an elucidation of the historical significance and provenance of the doctrine: nullum crimen sine lege nullum crimen sine lege praevia; nulla poena sine lege praevia, that is, ‘no crime and no punishment without previously established law’, it explores and evaluates the salient provisions of the Nuremberg Charter unilaterally enacted by the Allies on 8th August, 1945, under which the entire trial proceedings were subsequently governed. -
Nuremberg and American Justice Matthew Lippman
Notre Dame Journal of Law, Ethics & Public Policy Volume 5 Article 4 Issue 4 Symposium on Civil Disobedience 1-1-2012 Nuremberg and American Justice Matthew Lippman Follow this and additional works at: http://scholarship.law.nd.edu/ndjlepp Recommended Citation Matthew Lippman, Nuremberg and American Justice, 5 Notre Dame J.L. Ethics & Pub. Pol'y 951 (1991). Available at: http://scholarship.law.nd.edu/ndjlepp/vol5/iss4/4 This Article is brought to you for free and open access by the Notre Dame Journal of Law, Ethics & Public Policy at NDLScholarship. It has been accepted for inclusion in Notre Dame Journal of Law, Ethics & Public Policy by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. NUREMBERG AND AMERICAN JUSTICE MATrHEW LIPPMAN* Liberty to breathe provided you don't breathe too deeply; liberty to sleep if your conscience permits it; liberty to work if not too many questions are asked.... * * Acts of non-violent civil disobedience have markedly increased over the past decades. The Nuclear Resister, a tabloid devoted to the reporting of information on nuclear protests, states that during the decade of the 1980s nearly 37,000 indi- viduals were arrested for protest activities. In 1989, the news- letter recorded an unprecedented amount of anti-nuclear protest, with 5,500 arrests being made in 145 separate inci- dents in the United States and Canada. Roughly ninety of the arrestees received sentences of between two and seventeen years in prison while hundreds of others received lesser sentences. 1 Tax resisters and civil disobedients protesting American foreign and immigration policy and the arms race increasingly are relying upon international law to justify their formally crim- inal acts of protest.' Many of these individuals draw analogies between the moral challenges they confront and those presented to the citizens of Nazi Germany and derive inspira- tion from the principles established by the International Mili- tary Tribunal at Nuremberg.3 The centrality of Nuremberg is * Ph.D.