Silenced Voices: Sexual Violence During and After World War II
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Negotiating German Victimhood in the American Misery Memoir
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Birmingham Research Archive, E-theses Repository NEGOTIATING GERMAN VICTIMHOOD IN THE AMERICAN MISERY MEMOIR by DIETLINDE SCHMUCKER A thesis submitted to the University of Birmingham for the degree of DOCTOR OF PHILOSOPHY College of Arts and Law Department of Modern Languages German Studies University of Birmingham December 2017 University of Birmingham Research Archive e-theses repository This unpublished thesis/dissertation is copyright of the author and/or third parties. The intellectual property rights of the author or third parties in respect of this work are as defined by The Copyright Designs and Patents Act 1988 or as modified by any successor legislation. Any use made of information contained in this thesis/dissertation must be in accordance with that legislation and must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the permission of the copyright holder. ABSTRACT This study brings together for the first time four non-canonical memoirs written by women from various backgrounds who emigrated from Germany to the United States in the early post-war years and whose texts were published in English in the United States between 2004 and 2011: Irmgard Powell, Don’t Let Them See You Cry: Overcoming a Nazi Childhood (2008); Irmgard A. Hunt, On Hitler’s Mountain: Overcoming the Legacy of a Nazi Childhood (2005); Maria Ritter, Return to Dresden (2004); Sabina de Werth Neu, A Long Silence: Memories of a German Refugee Child 1941-1958 (2011). The memoirs chosen for this study were written by women who were born in Germany between 1932 and 1941. -
RECONSIDERING the CRIMINALISATION of RAPE in the INTERNATIONAL LAW of ARMED CONFLICT Rape in Berlin JANET HALLEY *
RAPE IN BERLIN: RECONSIDERING THE CRIMINALISATION OF RAPE IN THE INTERNATIONAL LAW OF ARMED CONFLICT Rape in Berlin JANET HALLEY * [The specific criminalisation of sexual violence in war has made immense strides in recent years, as feminists engaged with the International Criminal Tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda and the Rome Statute processes have proposed — and often won — a wide range of new legal rules and prosecutorial practices. This essay briefly describes some of these feminist achievements, in particular the reframing of rape and other sexual violations as a freestanding basis for charging serious humanitarian crimes and as the sole predicate act in particular prosecutions; and the demotion of a consent-based defence to charges of rape. The essay then turns to an anonymously published account of one woman’s experiences during the fall of Berlin to the Soviet Army in 1945, published in English as A Woman in Berlin: A Diary. By analysing the Diary’s ideologically saturated reception in Germany and by analysing the text itself, the essay proposes that rape in war is not merely either ignored and condoned or prosecuted and punished, but intrinsically problematically related to our evaluations of the badness of rape and the badness of war. The essay derives from its reading of A Woman in Berlin a war–rape antinomy: the literary achievement of the Diary, the author argues, is that it keeps the badness of war and the badness of rape in mutual suspension; and the pathos of its typical reception is that this antinomy collapses in ways that ratify some of the most problematic ideological investments linking rape to war. -
Nuremberg Icj Timeline 1474-1868
NUREMBERG ICJ TIMELINE 1474-1868 1474 Trial of Peter von Hagenbach In connection with offenses committed while governing ter- ritory in the Upper Alsace region on behalf of the Duke of 1625 Hugo Grotius Publishes On the Law of Burgundy, Peter von Hagenbach is tried and sentenced to death War and Peace by an ad hoc tribunal of twenty-eight judges representing differ- ent local polities. The crimes charged, including murder, mass Dutch jurist and philosopher Hugo Grotius, one of the principal rape and the planned extermination of the citizens of Breisach, founders of international law with such works as Mare Liberum are characterized by the prosecution as “trampling under foot (On the Freedom of the Seas), publishes De Jure Belli ac Pacis the laws of God and man.” Considered history’s first interna- (On the Law of War and Peace). Considered his masterpiece, tional war crimes trial, it is noted for rejecting the defense of the book elucidates and secularizes the topic of just war, includ- superior orders and introducing an embryonic version of crimes ing analysis of belligerent status, adequate grounds for initiating against humanity. war and procedures to be followed in the inception, conduct, and conclusion of war. 1758 Emerich de Vattel Lays Foundation for Formulating Crime of Aggression In his seminal treatise The Law of Nations, Swiss jurist Emerich de Vattel alludes to the great guilt of a sovereign who under- 1815 Declaration Relative to the Universal takes an “unjust war” because he is “chargeable with all the Abolition of the Slave Trade evils, all the horrors of the war: all the effusion of blood, the The first international instrument to condemn slavery, the desolation of families, the rapine, the acts of violence, the rav- Declaration Relative to the Universal Abolition of the Slave ages, the conflagrations, are his works and his crimes . -
Politics of History and Memory: the Russian Rape of Germany in Berlin
POLITICS OF HISTORY AND MEMORY 225 POLITICS OF HISTORY AND MEMORY: THE RUSSIAN RAPE OF GERMANY IN BERLIN, 1945 major hospitals ranged from 95,000 to 130,000; one physician estimated that out of 100,000 women raped in Berlin alone, 1 Krishna Ignalaga Thomas 10,000 died as a result, with a large majority committing suicide. With the sheer velocity of women raped by Soviet troops, it is The marching of the Russian Red Army into eastern Germany in incredible to discover its neglect by earlier seminal works, such the spring of 1945, at the close of World War II, was full of as that by John Erickson, who wrote Road to Berlin, and even promise and hope, a promise of a new era of peace in Europe William L. Shirer of Rise and Fall of the Third Reich. At the same and an end to political isolation and economic deprivation at time, the opening of the Russian State Military Archives and the home. In 1994, almost half a century later, the return of the Central Archive of the Ministry of Defense, a whole array of Soviet troops to the motherland signaled the surprising collapse primary source material and other information media are now of the Soviet Union and ultimately, the end of Soviet occupation open for scholars to understand this contest of brutality from and a reunified Germany. At the same time, however, the first, the German soldiers and then the repatriating Soviet Russians also left behind them a legacy of resentment and anger. troops. Much academic scholarship has focused on the years of Soviet Natalya Gesse, a Soviet war correspondent, gave a first‐hand occupation, 1945‐49, as being the most brutal on the Germans in estimation of Red Army’s activities, and stated that “The Russian the Eastern Zone than their counterparts in the West. -
Wendy Lower, Ph.D
Wendy Lower, Ph.D. Acting Director, Mandel Center for Advanced Holocaust Studies, United States Holocaust Memorial Museum (2016- ) Director, Mgrublian Center for Human Rights John K. Roth Professor of History George R. Roberts Fellow Claremont McKenna College 850 Columbia Ave Claremont, CA 91711 [email protected] (909) 607 4688 Research Fields • Holocaust Studies • Comparative Genocide Studies • Human Rights • Modern Germany, Modern Ukraine • Women’s History Brief Biography • 2016-2018, Acting Director, Mandel Center for Advanced Holocaust Studies, U.S. Holocaust Memorial Museum, Washington, D.C. USA • 2014- 2017, Director, Mgrublian Center for Human Rights, Claremont McKenna College • 2012-present, Professor of History, Claremont McKenna College • 2011-2012, Associate Professor, Affiliated Faculty, Department of History, Strassler Family Center for Holocaust and Genocide Studies, Clark University, Worcester, Mass, USA • 2010-2012 Project Director (Germany), German Witnesses to War and its Aftermath, Oral History Department, U.S. Holocaust Memorial Museum, Washington, D.C. USA • 2010-2012, Visiting Professor, National University of Kyiv-Mohyla Academy • 2007-2012 Wissenschaftliche Mitarbeiterin, LMU • 2004-2009 Assistant Professor (tenure track), Department of History, Towson University USA (on leave, research fellowship 2007-2009) • 2000-2004, Director, Visiting Scholars Program, Center for Advanced Holocaust Studies, U.S. Holocaust Memorial Museum, Washington, D.C. • 1999-2000 Assistant Professor, Adjunct Faculty, Center for German and Contemporary European Studies, Georgetown University, USA 1 • 1999-2000 Assistant Professor, Adjunct Faculty, Department of History, American University, USA • 1999 Ph.D., European History, American University, Washington D.C. • 1996-1998 Project Coordinator, Oral History Collection of the Office of Strategic Services (OSS), Center for the Study of Intelligence, and Georgetown University • 1994 Harvard University, Ukrainian Research Institute, Ukrainian Studies Program • 1993 M.A. -
Pirates and Impunity: Is the Threat of Asylum Claims a Reason to Allow Pirates to Escape Justice
Pirates and Impunity: Is the Threat of Asylum Claims a Reason to Allow Pirates to Escape Justice Yvonne M. Dutton Abstract Pirates are literally getting away with murder. Modern pirates are attacking vessels, hijacking ships at gunpoint, taking hostages, and injuring and killing crew members.1 They are doing so with increasing frequency. According to the International Maritime Bureau (“IMB”) Piracy Reporting Center’s 2009 Annual Report, there were 406 pirate attacks in 2009—a number that has not been reached since 2003. Yet, in most instances, a culture of impunity reigns whereby nations are not holding pirates accountable for the violent crimes they commit. Only a small portion of those people committing piracy are actually captured and brought to trial, as opposed to captured and released. For example, in September 2008, a Danish warship captured ten Somali pirates, but then later released them on a Somali beach, even though the pirates were found with assault weapons and notes stating how they would split their piracy proceeds with warlords on land. Britain’s Royal Navy has been accused of releasing suspected pirates,7 as have Canadian naval forces. Only very recently, Russia released captured Somali pirates—after a high-seas shootout between Russian marines and pirates that had attacked a tanker carrying twenty-three crew and US$52 million worth of oil.9 In May 2010, the United States released ten captured pirates it had been holding for weeks after concluding that its search for a nation to prosecute them was futile. In fact, between March and April 2010, European Union (“EU”) naval forces captured 275 alleged pirates, but only forty face prosecution. -
NUREMBERG) Judgment of 1 October 1946
INTERNATIONAL MILITARY TRIBUNAL (NUREMBERG) Judgment of 1 October 1946 Page numbers in braces refer to IMT, judgment of 1 October 1946, in The Trial of German Major War Criminals. Proceedings of the International Military Tribunal sitting at Nuremberg, Germany , Part 22 (22nd August ,1946 to 1st October, 1946) 1 {iii} THE INTERNATIONAL MILITARY TRIBUNAL IN SESSOIN AT NUREMBERG, GERMANY Before: THE RT. HON. SIR GEOFFREY LAWRENCE (member for the United Kingdom of Great Britain and Northern Ireland) President THE HON. SIR WILLIAM NORMAN BIRKETT (alternate member for the United Kingdom of Great Britain and Northern Ireland) MR. FRANCIS BIDDLE (member for the United States of America) JUDGE JOHN J. PARKER (alternate member for the United States of America) M. LE PROFESSEUR DONNEDIEU DE VABRES (member for the French Republic) M. LE CONSEILER FLACO (alternate member for the French Republic) MAJOR-GENERAL I. T. NIKITCHENKO (member for the Union of Soviet Socialist Republics) LT.-COLONEL A. F. VOLCHKOV (alternate member for the Union of Soviet Socialist Republics) {iv} THE UNITED STATES OF AMERICA, THE FRENCH REPUBLIC, THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE UNION OF SOVIET SOCIALIST REPUBLICS Against: Hermann Wilhelm Göring, Rudolf Hess, Joachim von Ribbentrop, Robert Ley, Wilhelm Keitel, Ernst Kaltenbrunner, Alfred Rosenberg, Hans Frank, Wilhelm Frick, Julius Streicher, Walter Funk, Hjalmar Schacht, Gustav Krupp von Bohlen und Halbach, Karl Dönitz, Erich Raeder, Baldur von Schirach, Fritz Sauckel, Alfred Jodl, Martin -
European Academic Research
EUROPEAN ACADEMIC RESEARCH Vol. VII, Issue 4/ July 2019 Impact Factor: 3.4546 (UIF) ISSN 2286-4822 DRJI Value: 5.9 (B+) www.euacademic.org Life-Writing: The Diary A Woman In Berlin VIKTORIJA BITKEVIČIENĖ MA degree, Vytautas Magnus University Kaunas, Lithuania Abstract The following article analyses a wartime diary A Woman in Berlin. The diary documents seven weeks in Berlin at the end of the Second World War. Since the women were a majority of the population as the German men were captured or killed in a war, they became an easy target for the foreign troops marching through the city. Due to the sensitive topics disclosed in the diary, the author called herself “Anonymous”. The journal was published straight after the war, however, the ones who survived the atrocities of the war did not want to be reminded of the war horrors again. Hence, the diary remained forgotten until 2003 when it was republished to audience acclaim. Despite the public opinion that the author’s identity should remain anonymous, in 2003 the author’s identity was revealed as Marta Hillers. This article depicts three main topics: the author’s self-identity as revealed in her diary, the reflection of the enemy through humour and irony, and the diary as a means of survival. The theoretical part discusses the concepts of life writing and diary. In order to grasp a full understanding of the historical circumstances of the German women life writing, a brief historical background is provided. Key words: life writing, diary, Second World War, A Woman in Berlin, humour, irony. -
Commission for the Prosecution of Crimes Against the Polish Nation As a Ground for Prosecution of Crimes Against Humanity, War Crimes and Crimes Against Peace
XXXVIi POLISH YEaRbook of inTERnaTional law DOI 10.7420/pyil2017n 2017 PL ISSN 0554-498X Karolina Wierczyńska* AcT Of 18 DEcEmbEr 1998 ON ThE INSTiTuTE Of NaTiONal REmEmbraNcE – COmmiSSiON fOr ThE PrOSEcuTiON Of CrimES agaiNST ThE POliSh NaTiON aS a grOuNd fOr prOSEcuTiON Of crimES agaiNST humaNiTy, war crimES aNd crimES agaiNST pEacE Abstract: This article discusses definitions of crimes included into the Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation, and their usefulness in prosecuting individuals who committed international crimes. It is argued that the provisions of the Act cannot constitute a ground for criminal responsibility of individuals, as they violate the principle of nullum crimen sine lege certa. Keywords: crimes against humanity, crimes against peace, genocide, ICC, ICTR, Institute of National Remembrance, war crimes INTrOducTiON The current discussion on the Act of 18 December 1998 on the Institute of National Remembrance – Commission for the Prosecution of Crimes against the Polish Nation (the Act) should have been started many years before adoption of the controversial amendment which has unleashed an international furore, with Poland at the centre. -
Prosecuting Rape Under the Statute of the War Crimes Tribunal for the Former Yugoslavia Sharon A
Brooklyn Journal of International Law Volume 21 | Issue 2 Article 2 12-1-1995 Prosecuting Rape Under the Statute of the War Crimes Tribunal for the Former Yugoslavia Sharon A. Healey Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Sharon A. Healey, Prosecuting Rape Under the Statute of the War Crimes Tribunal for the Former Yugoslavia, 21 Brook. J. Int'l L. 327 (1995). Available at: https://brooklynworks.brooklaw.edu/bjil/vol21/iss2/2 This Article is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. Prosecuting Rape Under the Statute of the War Crimes Tribunal for the Former Yugoslavia By Sharon A. Healey* I. INTRODUCTION From the relative safety of a one room cabin in a refugee camp in Gasinci, Croatia, 15-year-old Emina Gasi recounted the horrors of February 1994, when men in Serbian military uniforms, stockings over their faces, broke into her home in Banja Luka, slashed her grandfather's head and arms with knives, killing him, and, as he lay dying, raped her.' Her story is not unique. As war in the former Yugoslavia rages on, refu- gees have poured out wrenching accounts of systematic rapes and sexual abuses, mostly at the hands of Serbian forces.2 These stories include: repeated rapes of girls as young as 6 and 7; violations by neighbors and strangers alike; gang rapes so brutal their victims die; rape camps where Serbs routinely abused and murdered Muslim and Croat women; rapes of young girls performed in front of fathers, mothers, siblings and children; rapes committed explicitly to impregnate Muslim women and hold them captive until they give birth to unwanted Serbian babies.3 * LL.M. -
Mr. Roger S. Clark, Board of Governors Professor, Rutgers
United Nations Audiovisual Library of International Law MR. ROGER S. CLARK Board of Governors Professor Rutgers School of Law, Camden Professor Clark teaches courses in international law; international protection of human rights; international organizations; international criminal law and criminal justice policy; United States foreign relations and national security law; and criminal law. He served as a member of the United Nations Committee on Crime Prevention and Control between 1987 and 1990. Prior to joining the Rutgers faculty in 1972, he worked for the New Zealand Justice Department and Ministry of Foreign Affairs; taught law in New Zealand; served as an American Council of Learned Societies Fellow and Doctoral Fellow at the Columbia University School of Law; interned at the United Nations; and taught at the law school of the University of Iowa. He has been a visiting or adjunct professor at numerous institutions, including the University of Pennsylvania, the University of Miami, the University of Graz in Austria, and the University of the South Pacific (Fiji). He has taught in study abroad programs offered by Temple University and the University of San Diego and teaches regularly in the University of Salzburg’s Summer School in International Criminal Law. Professor Clark serves on the editorial boards of various publications, including Criminal Law Forum: An International Journal; the Human Rights Review; and the International Lawyer. He has been the general editor of the Procedural Aspects of International Law monographs since 2004, and is a board member of several international non- governmental organizations, such as the International Centre for Criminal Law Reform www.un.org/law/avl United Nations Audiovisual Library of International Law and Criminal Justice Policy in Vancouver, B.C., and the International League for Human Rights, headquartered in New York. -
CJI/Doc.349/10 INTERNATIONAL CRIMINAL COURTS (Presented By
CJI/doc.349/10 INTERNATIONAL CRIMINAL COURTS (presented by Dr. Jorge Palacios Treviño) When on July 17, 1998 the Rome Diplomatic Conference adopted the treaty containing the Statute whereby the International Criminal Court was created, the old aspiration came true of establishing a permanent international criminal court aimed preventing impunity for crimes of which millions have been victims and which due to their seriousness are considered as a “threat to peace, security and well-being of the world”, as stated in the Preamble of the Rome Statute. In a certain way, the International Criminal Court constitutes the realization of the so-called universal jurisdiction; that is, the duty of the States to punish or extradite, in accordance with the provisions contained in international conventions. The background of the establishment of the Court dates back to the end of World War I, since the Peace Treaty of Versailles already contemplated the establishment of ad hoc courts –although none was established- “to prosecute those accused of committing unlawful acts and customs of war”. Article 227 of this treaty even ordered the arraignment of Kaiser William II for a “supreme offense against international morality”; in other words, for considering that he was the main responsible for the war. However, the government of Holland, which had given him asylum, refused to extradite him. For this reason, only a few criminals were prosecuted in Germany, and were qualified as symbolic. Since that time, the opinion became widespread that International Law could directly impose obligations upon individuals and, consequently, liability for committing these crimes of war and crimes against humanity and, for this reason, they were qualified as international crimes.