London Review of International Law Advance Access published June 28, 2016 Victims who victimise Mark A. Drumbl* How to speak of the agency of the oppressed to harm others in times of atro- city? This article juxtaposes Holocaust literature (Levi, Frankl, Kerte´ sz, Ka- Tzetnik) with Holocaust judging (the Kapo collaborator trials in Israel). It does so didactically to interrogate international criminal law’s interaction with former child soldier Dominic Ongwen, currently awaiting trial at the International Criminal Court. Downloaded from ‘The Law of the Lager said: “eat your own bread, and if you can, that of your neighbor.”’1 http://lril.oxfordjournals.org/ Primo Levi’s writing memorialises the day-to-day in Auschwitz. He gazes beyond the structural brutality of the camps as designed and operated by the Nazis. His principal subjects, in fact, are not guards, nor Schutzstaffel (SS) members, nor camp officials. His principal subjects are the inmates. He presents them in their many conflicting dimensions. Schepschel, for example, was cun- ning with petty thievery at Auschwitz. Schepschel stole from the factory in by guest on June 29, 2016 cahoots with Moischl. But, ‘when the opportunity showed itself ... [Schepschel] did not hesitate to have Moischl, his accomplice[,] ...condemned to a flogging’.2 Schepschel did so because he aspired to curry favour in his quest * Class of 1975 Alumni Professor of Law and Director, Transnational Law Institute, Washington and Lee University. Email:
[email protected]. Thanks to Katerˇina Uhlı´rˇova´ for helping