PROSECUTING NAZI WAR CRIMINALS

Alan S. Rosenbaum

Westview Press BOULDER • SAN FRANCISCO • OXFORD CONTENTS

Preface ix Acknowledgments xiii

1 Introduction 1 Definitions, 4 Notes, 9

2 The Holocaust: An Overview 11 Notes, 16

3 The Aftermath of the Third Reich 19 The Nuremberg Trials: Bringing War Criminals to Justice, 19 Some Philosophical Considerations, 32 Notes, 38

4 The Rule of Law 43 Characteristics of Law Under Nazi Rule, 45 Nazi Justice: Philosophical Perspectives, 49 Morality and Nazi Law, 51 An Overview of Law Under Nazi Rule: Two Perspectives, 53 Sovereignty and the "Emergency Decree": Subverting the Rule of Law, 56 The Rule of Law Contra Nazi Law: On Prosecution, 57 Philosophizing About Prosecuting Nazi War Criminals, 59 An Obligation to Prosecute in a Rights-Based Society, 60 Legal Justice and the Rule of Law, 61 Notes, 62

5 Nazi Fugitives: The Escape from Accountability 67 The Dispersion of Nazi War Criminals, 67 The U.S. Invitation to Nazi War Criminals, 68 The Relocation and Reintegration of Nazis and Nazi Collaborators, 69 viii CONTENTS

The Evasion of Justice, 70 Puvogel and Frankel: Reintegration, 70 Adolf Eichmann: The Monastery Route and the South American Connection, 71 John Demjanjuk: The U.S. Displaced Persons Act of 1948,72 Arthur Rudolph: The U.S. Invitation to Germany's Scientists, 75 Klaus Barbie: The U.S. Contribution to the "Rat Line," 78 Joseph Schwammberger: German Business Assistance in the Relocation of Former Nazis, 79 Alois Brunner: The Middle East Connection, 80 Summary, 81 Notes, 82

6 Post-Nuremberg Prosecutions and the Problem of Blame 85 The Persistence of Antisemitic Insensitivity, 85 Bringing Nazi War Criminals to Justice in Domestic Courts, 87 Some Issues Surrounding Israeli Prosecutions, 88 International Responsibility for Prosecuting Nazi War Criminals, 91 Assistance in Persecution: Who Should Be Prosecuted? 92 A Model of Responsibility, 100 Coercion and Diminished Responsibility, 102 Resistance and the Issue of "Collective Guilt," 104 How to Deal with the Issue of "Collective Guilt," 108 Against "Collective Guilt," 110 In Support of a Qualified "Collective Responsibility," 111 Summary, 112 Notes, 113

7 The Rebuttal of Arguments Against Prosecution 119 The "Passage of Time" Argument, 119 The "Extenuating Circumstances" Argument, 122 The "Diminishment of Responsibility" Argument, 124 The "Contrition" Argument, 125 Summary, 132 Notes, 133

About the Book and Author 135 Index 137