IARLJ Workshop in Berlin 1 June 2015 'Refugee Recognition And

Total Page：16

File Type：pdf, Size：1020Kb

IARLJ Workshop in Berlin 1 June 2015 ‘Refugee Recognition and Discrete Behaviour‘ Venue: Europaïsche Akademie Berlin Bismarckallee 46/48 D - 14193 Berlin Sunday, 31 May 2015 Arrival of Participants Monday, 1 June 2015 9.00 Words of Welcome 9.15 - 10.00 Actual Judicature of CJEU and ECtHR on Refugee Law - a general overview (Hugo Storey) 10.00 - 10.30 Refugee Recognition and Discrete Behaviour - The CJEU-Judgment on Religion (Harald Dörig) 10.30 - 11.00 Reflections on Credibility Assessment (Prof. Gregor Noll, Sweden) 11.00 - 11.30 Coffee Break 11.30 - 12.30 Working Groups on how to assess the credibility of conversion and religious practise which can constitute persecution 12.30 - 13.30 Lunch 13.30 - 14.00 Refugee Recognition and Discrete Behaviour - The two CJEU-Judgments on Homosexuality (Mr Henk Lubberdink, Dutch Council of State) 14.00 - 15.30 Working Groups on how to assess the credibility of a person claiming to be a homosexual 15.30 - 16.00 Coffee Break 16.00 - 17.00 Processing Asylum Claims for EU Member Countries in Northern Africa (Prof. Gregor Noll, Sweden) - including discussion Additional Offer for Tuesday, 2 June 2015 For those who would like to stay on Tuesday: 08:40 departure A bus will take participants to the Kammergericht, the highest civil and criminal court in Berlin. After a short guided tour through the building we will arrive in the main hall, the same place where in August 1944 the Volksgerichtshof - presided by Roland Freisler - sentenced to death a significant number of Germans who were involved in the attempt to kill Adolf Hitler. The Nazis filmed the trials secretly through a hole in a giant swastika flag. Although the film was meant to be used as propaganda, it was had been decided not to show it to the German people because of the aggressive nature. It was banished to a secret archive and discovered in West Germany after the war. Freisler had shouted so horribly that it was difficult to process the film and to let people understand what was said. Only a 5 minutes sequence of the film will be shown. After seeing the film there is some time for questions and to have a look at the memorial commemorating the victims. 10:30 departure from the “Kammergericht” to “Gedenkstätte Plötzensee”. This is the place where the defendants were hanged immediately after their trial. It is a silent memorial site, no guided tour. Click here for further information Anticipated time schedule: 08.40 departure from Europäische Akademie Berlin, Bismarckallee 46-48, 14193 Berlin to the Kammergericht 10.30 departure for Gedenkstätte Plötzensee 11.30 departure for Berlin central train station, via Tegel airport for drop offs. .

Copy Link

Recommended publications

The Nazis and the German Population: a Faustian Deal? Eric A
The Nazis and the German Population: A Faustian Deal? Eric A. Johnson, Nazi Terror. The Gestapo, Jews, and Ordinary Germans, New York: Basic Books, 2000, 636 pp. Reviewed by David Bankier Most books, both scholarly and popular, written on relations between the Gestapo and the German population and published up to the early 1990s, focused on the leaderships of the organizations that powered the terror and determined its contours. These books portray the Nazi secret police as omnipotent and the population as an amorphous society that was liable to oppression and was unable to respond. This historical portrayal explained the lack of resistance to the regime. As the Nazi state was a police state, so to speak, the individual had no opportunity to take issue with its policies, let alone oppose them.1 Studies published in the past decade have begun to demystify the Gestapo by reexamining this picture. These studies have found that the German population had volunteered to assist the apparatus of oppression in its actions, including the persecution of Jews. According to the new approach, the Gestapo did not resemble the Soviet KGB, or the Romanian Securitate, or the East German Stasi. The Gestapo was a mechanism that reacted to events more than it initiated them. Chronically short of manpower, it did not post a secret agent to every street corner. On the contrary: since it did not have enough spies to meet its needs, it had to rely on a cooperative population for information and as a basis for its police actions. The German public did cooperate, and, for this reason, German society became self-policing.2 1 Edward Crankshaw, Gestapo: Instrument of Tyranny (London: Putnam, 1956); Jacques Delarue, Histoire de la Gestapo (Paris: Fayard, 1962); Arnold Roger Manvell, SS and Gestapo: Rule by Terror (London: Macdonald, 1970); Heinz Höhne, The Order of the Death’s Head: The Story of Hitler’s SS (New York: Ballantine, 1977).
[Show full text]
Hitler's American Model
Hitler’s American Model The United States and the Making of Nazi Race Law James Q. Whitman Princeton University Press Princeton and Oxford 1 Introduction This jurisprudence would suit us perfectly, with a single exception. Over there they have in mind, practically speaking, only coloreds and half-coloreds, which includes mestizos and mulattoes; but the Jews, who are also of interest to us, are not reckoned among the coloreds. —Roland Freisler, June 5, 1934 On June 5, 1934, about a year and a half after Adolf Hitler became Chancellor of the Reich, the leading lawyers of Nazi Germany gathered at a meeting to plan what would become the Nuremberg Laws, the notorious anti-Jewish legislation of the Nazi race regime. The meeting was chaired by Franz Gürtner, the Reich Minister of Justice, and attended by officials who in the coming years would play central roles in the persecution of Germany’s Jews. Among those present was Bernhard Lösener, one of the principal draftsmen of the Nuremberg Laws; and the terrifying Roland Freisler, later President of the Nazi People’s Court and a man whose name has endured as a byword for twentieth-century judicial savagery. The meeting was an important one, and a stenographer was present to record a verbatim transcript, to be preserved by the ever-diligent Nazi bureaucracy as a record of a crucial moment in the creation of the new race regime. That transcript reveals the startling fact that is my point of departure in this study: the meeting involved detailed and lengthy discussions of the law of the United States.
[Show full text]
Redalyc.Atualidade De Roland Freisler
Passagens. Revista Internacional de História Política e Cultura Jurídica E-ISSN: 1984-2503 [email protected] Universidade Federal Fluminense Brasil Batista, Nilo Atualidade de Roland Freisler Passagens. Revista Internacional de História Política e Cultura Jurídica, vol. 7, núm. 1, enero-abril, 2015, pp. 5-14 Universidade Federal Fluminense Rio de Janeiro, Brasil Disponível em: http://www.redalyc.org/articulo.oa?id=337333727002 Como citar este artigo Número completo Sistema de Informação Científica Mais artigos Rede de Revistas Científicas da América Latina, Caribe , Espanha e Portugal Home da revista no Redalyc Projeto acadêmico sem fins lucrativos desenvolvido no âmbito da iniciativa Acesso Aberto Passagens. Revista Internacional de História Política e Cultura Jurídica Rio de Janeiro: vol. 7, no.1, janeiro-abril, 2015, p. 5-14. DOI: 10.5533/1984-2503-20157101 Atualidade de Roland Freisler Nilo Batista1 Resumo O artigo analisa a concepção de direito penal de Roland Freisler, segundo secretário-geral do Ministério da Justiça, e presidente do Tribunal do Povo (Volksgerichthof), criado na Alemanha em 1934, especialmente para o julgamento de crimes políticos contra o regime nazista. O artigo de Freisler é tomado como um posicionamento dogmático ou como um manifesto político criminal, onde Freisler pretendia estabelecer um “conceito geral de empreendimento”. O conceito de “empreendimento” (Unternehmung) se originara da alta traição e sua disciplina se expandiu para alguns outros delitos. A concepção de direito penal em Freisler realiza a superposição entre direito e moral. Palavras-chave: Direito penal nazista; Subjetivismo nazista; Roland Freisler. Roland Freisler en la actualidad Resumen El artículo analiza la concepción de derecho penal de Roland Freisler, segundo secretario general del Ministerio de Justicia, y presidente del Tribunal del Pueblo (Volksgerichthof), creado en Alemania en 1934 para juzgar en particular los crímenes políticos contra el régimen nazi.
[Show full text]
Why Adolf Hitler Spared the Judges: Judicial Opposition Against the Nazi State
The rule of law, constitutionalism and the judiciary Why Adolf Hitler Spared the Judges: Judicial Opposition Against the Nazi State By Hans Petter Graver Abstract The Nazi regime had loyal judges who willingly transformed the liberal German law into an instrument of oppression, discrimination and genocide. This was achieved without substantially interfering with the operation of the courts and without applying disciplinary measures on the judges. But, not all judges were congenial servants of the regime—some resisted in their capacity as judges. Based on case-studies and existing literature, this Article distinguishes between two different lines of judicial opposition to those in power: Between opposition taking place in the open and opposition in secret, and between opposition within what is accepted by those in power as being within the law and opposition that is in breach of the law. The Article then seeks to explain the deference the regime gave to judicial by employing institutional theory and the concept of path dependence. Germany was deeply embedded in the Western legal tradition of emphasis on law as an autonomous institution with an independent judiciary. Dr. Hans Petter Graver is a Professor and previous Dean at the University of Oslo. The author would like to thank Stephen Skinner, David Fraser, and Dina Townsend for their helpful comments. The article is based on a public lecture held at St. Mary’s College, Durham UK, while the author was a fellow at the Institute of Advanced Study, University of Durham from October to December 2016. 846 German Law Journal Vol. 19 No. 04 A.
[Show full text]
How Much Did the Germans Know About the Final Solution?: an Examination of Propaganda in the Third Reich
Western Michigan University ScholarWorks at WMU Honors Theses Lee Honors College Spring 2010 How Much Did the Germans Know about the Final Solution?: An Examination of Propaganda in the Third Reich Issa A. Braman Western Michigan University Follow this and additional works at: https://scholarworks.wmich.edu/honors_theses Part of the Holocaust and Genocide Studies Commons Recommended Citation Braman, Issa A., "How Much Did the Germans Know about the Final Solution?: An Examination of Propaganda in the Third Reich" (2010). Honors Theses. 3371. https://scholarworks.wmich.edu/honors_theses/3371 This Honors Thesis-Open Access is brought to you for free and open access by the Lee Honors College at ScholarWorks at WMU. It has been accepted for inclusion in Honors Theses by an authorized administrator of ScholarWorks at WMU. For more information, please contact [email protected]. How Much Did the Germans Know about the Final Solution?: An Examination of Propaganda in the Third Reich by Melissa A. Braman In 1925, while Adolf Hitler was serving a short sentence in jail for his failed Beer Hall Putsch, he wrote in Mein Kampf, “With the year 1915 enemy propaganda began in our country, after 1916 it became more and more intensive till finally, at the beginning of the year 1918, it swelled to a positive flood.” Hitler, a soldier of World War I, had experienced firsthand the power of propaganda during the war. With the failure of Germany to counter-act the Allied propaganda, Hitler noted, “The army gradually learned to think as the enemy wanted it to.”1 Hitler applied this same concept to promoting the rhetoric of the Nationalsozialistische Deutsche Arbeiterpartei (NSDAP).
[Show full text]
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.
[Show full text]
The White Rose in Cooperation With: Bayerische Landeszentrale Für Politische Bildungsarbeit the White Rose
The White Rose In cooperation with: Bayerische Landeszentrale für Politische Bildungsarbeit The White Rose The Student Resistance against Hitler Munich 1942/43 The Name 'White Rose' The Origin of the White Rose The Activities of the White Rose The Third Reich Young People in the Third Reich A City in the Third Reich Munich – Capital of the Movement Munich – Capital of German Art The University of Munich Orientations Willi Graf Professor Kurt Huber Hans Leipelt Christoph Probst Alexander Schmorell Hans Scholl Sophie Scholl Ulm Senior Year Eugen Grimminger Saarbrücken Group Falk Harnack 'Uncle Emil' Group Service at the Front in Russia The Leaflets of the White Rose NS Justice The Trials against the White Rose Epilogue 1 The Name Weiße Rose (White Rose) "To get back to my pamphlet 'Die Weiße Rose', I would like to answer the question 'Why did I give the leaflet this title and no other?' by explaining the following: The name 'Die Weiße Rose' was cho- sen arbitrarily. I proceeded from the assumption that powerful propaganda has to contain certain phrases which do not necessarily mean anything, which sound good, but which still stand for a programme. I may have chosen the name intuitively since at that time I was directly under the influence of the Span- ish romances 'Rosa Blanca' by Brentano. There is no connection with the 'White Rose' in English history." Hans Scholl, interrogation protocol of the Gestapo, 20.2.1943 The Origin of the White Rose The White Rose originated from individual friend- ships growing into circles of friends. Christoph Probst and Alexander Schmorell had been friends since their school days.
[Show full text]
Hitler's Judges: Ideological Commitment and the Death Penalty in Nazi Germany*
DEPARTMENT OF ECONOMICS ISSN 1441-5429 DISCUSSION PAPER 10/16 Hitler's Judges: Ideological Commitment and the Death Penalty in Nazi Germany* Wayne Geerling§, Gary Magee+, Vinod Mishra+ and Russell Smyth+ Abstract: To what extent do judges in courts in authoritarian regimes merely implement the will of the state? What determines judges’ behaviour in such contexts? We address these questions by examining the role of judicial policy preferences in influencing whether judges in Nazi Germany sentenced defendants charged with serious political offences - treason and high treason - to death. Our findings lend support to the attitudinal model of judicial decision- making. Specifically, we find that judicial policy preferences, measured by the depth of the ideological commitment of the judge to the Nazi Party worldview, were an important determinant of whether judges imposed the death sentence. We also find that judges who were more ideologically committed to the Nazi Party were more likely to impose the death sentence on those who belonged to the most organised political opposition groups to the Nazi state, those whose acts of treason or high treason involved violent resistance against the state, and those with characteristics to which Nazism was intolerant. We thank Rob Brooks, Nuno Garoupa, Vai-Lam Mui, Paul Raschky and Hans-Joachim Voth for helpful comments on, and/or discussions about, earlier versions of this paper. We, alone, are responsible for the views expressed therein and any remaining errors. Son Nguyen and Friederike Bauer provided excellent research assistance. This research was supported in part by successive grants from the Department of Economics, Monash University.
[Show full text]
Religion and Reform
Religion and Reform Edited by Ronald A. Simkins and Zachary B. Smith 12. Broken Bodies, Healed Body Contemporary Martyrdom and Ecumenism Peter Nguyen, S.J., Creighton University Abstract I demonstrate that contemporary martyrdom is a form of ecumenism because it is a dialogue amongst Christians from different backgrounds, founded on fidelity to the ultimate religious truth – the sovereignty of Jesus Christ. The most striking form of ecumenism is that of the martyrs who reveal the truth of all humanity’s communion with Christ. This paper involves four steps. The first part acknowledges the scandal of early modern Christians making martyrs of one another which helped to divide the Christian body. The second demonstrates, according to John Paul II, that the martyrs of the twentieth century have contributed to the ecumenical movement. The third analyzes the shared martyrdom between the German Jesuit Alfred Delp and the Lutheran Helmuth James von Moltke, executed for being members of an anti-Nazi resistance group. The fourth concludes that these martyrs witnessed the truth of Christ, who is the universal truth that links another with oneself in a shared humanity. Keywords: martyrdom, ecumenism, John Paul II, Alfred Delp, Helmuth James von Moltke 171 Religion and Reform Introduction The word “martyrdom” is a contested term. For some contemporaries, martyrdom evokes stories of past heroic figures, and for others, the willingness to cling to a truth at the cost of status, honor, and life epitomizes an uncomfortable and outdated conviction that sanctions disrespect or intolerance toward other beliefs or value systems. Since 9/11 and the ensuing bloodshed in the Middle East, martyrdom has been popularly associated with politically and religiously driven fanatics who shed the blood of others and themselves.
[Show full text]
Intellectual Cultural and Social Life in the Third Reich by GEORGE L
Nazi Intellectual Cultural and Social Life in the Third Reich by GEORGE L MOSSE Translations by Salvator Attanasio and others The University of Wisconsin Press Contents INTRODUCTION xix 1. HITLER SETS THE TONE 1 Editor's Introduction 1 FROM CULTURE AS THE FAITH IN AN IDEAL REICH TO ITS DIFFUSION AMONG THE MASSES 5 The Power of Ideals 5 The Aryan as Custodian of Culture 5 The State Is Not an End But a Means 6 The Jew Has No Culture 7 The Necessity of Propaganda 7 How Hitler Viewed the Masses 8 Education Must Be Based on Ideals 9 Education, Instinct, and Will 10 HITLER DEFINES CULTURE IN DEFINING ART 11 The Cultural Renascence 11 2. WHAT SORT OF A REVOLUTION? 17 Editor's Introduction 17 THE GOOD FIGHT 24 Here Marched the New Germany 24 FRIEDRICH JOACHIM KLAEHN vii viii CONTENTS A Meeting-Hall Brawl 27 KURT MASSMANN THE BONDS OF FAMILY 30 National Socialism Has Restored the Family 30 HANNS ANDERLAHN The German Volk Is an Interlacing of Families 34 LUDWIG LEONHARDT Marriage, Morality, and Property 35 HERMANN PAULL THE IDEAL OF WOMANHOOD 39 The Tasks of Women 39 ADOLF HITLER Emancipation from the Emancipation Movement 40 ALFRED ROSENBERG Domestic Diligence from Blood and Soil 41 The Female Bird 41 JOSEPH GOEBBELS Women That We Can Love 41 Frau Goebbels on German Women 42 The Blond Craze - 43 A Shiny Nose and the German Nation 43 Faith and Beauty 44 Right Conduct 45 The Honor Cross of the German Mother 45 The Woman Student 46 Against the Political Woman 47 ENGELBERT HUBER THE SOCIAL REALITY 47 Does the Five O'Clock Tea Suit Our Time? 47 Fairytale Scenes on Peacock Island 53 Beautiful Gowns at the Annual Press Ball 54 Wanted: Croupiers 55 3.
[Show full text]
Lycurgus in Leaflets and Lectures: the Weiße Rose and Classics at Munich University, 1941–45
Lycurgus in Leaflets and Lectures: The Weiße Rose and Classics at Munich University, 1941–45 NIKLAS HOLZBERG The main building of the university at which I used to teach is situated in the heart of Munich, and the square on which it stands—Geschwister-Scholl-Platz—is named after the two best-known members of the Weiße Rose, or “White Rose,” a small group of men and women united in their re- sistance to Hitler.1 On February 18, 1943, at about 11 am, Sophie Scholl and her brother Hans, both students at the university, were observed by the janitor in the central hall as they sent fluttering down from the upper floor the rest of the leaflets they had just set out on the steps of the main stair- case and on the windowsills. The man detained them and took them to the rector, who then arranged for them to be handed over to the Gestapo as swiftly as possible. Taken to the Gestapo’s Munich headquarters, they underwent several sessions of intensive questioning and—together with another member of their group, Christoph Probst, who was arrested on February 19—they were formally charged on February 21 with having committed “treasonable acts likely to ad- vance the enemy cause” and with conspiring to commit “high treason and demoralization of the troops.”2 On the morning of the following day, the Volksgerichtshof, its pre- siding judge Roland Freisler having journeyed from Berlin to Munich for the occasion, sentenced them to death. That same afternoon at 5pm—only four days after the first ar- rests—they were guillotined.
[Show full text]
'Rummel Um Rommel': German Reactions To
Shooting Rommel: the Desert Fox (1951) and Hollywood’s public-private diplomacy Article Accepted Version Major, P. (2019) Shooting Rommel: the Desert Fox (1951) and Hollywood’s public-private diplomacy. Historical Journal of Film, Radio and Television, 39 (2). pp. 209-232. ISSN 0143- 9685 doi: https://doi.org/10.1080/01439685.2018.1522791 Available at http://centaur.reading.ac.uk/73017/ It is advisable to refer to the publisher’s version if you intend to cite from the work. See Guidance on citing . To link to this article DOI: http://dx.doi.org/10.1080/01439685.2018.1522791 Publisher: Taylor & Francis All outputs in CentAUR are protected by Intellectual Property Rights law, including copyright law. Copyright and IPR is retained by the creators or other copyright holders. Terms and conditions for use of this material are defined in the End User Agreement . www.reading.ac.uk/centaur CentAUR Central Archive at the University of Reading Reading’s research outputs online Shooting Rommel: The Desert Fox (1951) and Hollywood’s Public-Private Diplomacy Patrick Major Department of History, University of Reading, Whiteknights, Reading, UK Email: [email protected]; Tel.: 07884944822 Patrick Major, Professor of Modern History at the University of Reading since 2008; lecturer at Warwick University, 1991-2008. Author of Behind the Berlin Wall: East Germany and the Frontiers of Power (OUP, 2010). He has also published on broadcasting in the Cold War to East Germany by the BBC, using the BBC's Written Archive at Caversham. This piece originates from a British Academy-funded project on the 'Good German in Hollywood Cinema'.
[Show full text]