Mehr lesen
Zusatztext Prof. Bazylers book is different than other books on the Holocaust. He first depicts the Holocaust as a legal event, arguing that it was the law, and not its absence, that became an instrument for destruction. He then analyzes current efforts to build a legal world based on what he labels Post-Holocaust Law. This book is a must-read. Informationen zum Autor Michael Bazyler is Professor of Law and The 1939 Society Scholar in Holocaust and Human Rights Studies at the Fowler School of Law, Chapman University. He is the author of Holocaust Justice: The Battle for Restitution in America's Courts (2003), Holocaust Restitution: Perspective on the Litigation and its Legacy (co-authored with Roger Alford, 2006), Forgotten Trials of the Holocaust (co-authored with Frank Tuerkheimer, 2014), and numerous articles on international human rights law. He has testified before Congress and his writings have been cited by the United States Supreme Court. Klappentext This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse.Winner of the 2016 National Jewish Book Award in the category of Holocaust Zusammenfassung A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law." Inhaltsverzeichnis Introduction PART I: THE LEGAL HISTORY OF THE HOLOCAUST AND GENOCIDE Chapter 1 The Holocaust: A Legal History A. Nazi Germany as a Law-Based State B. The Nazis Come to Power Through Law C. Legal Measures Against Jews in the Reich D. War, Occupation and Ghettoization in Occupied Europe E. Extermination: The Legal Holocaust F. Aftermath Chapter 2 Naming the Crime: Genocide A. The Historical Background of the Term Genocide B. The Genocide Convention 1. Legislative History 2. Definition of Genocide 3. Actus Reus of Genocide - The Prohibited Acts 4. Mens Rea of Genocide: With Intent to Destroy, In Whole or in Part 5. Genocide-Related Crimes: Conspiracy, Incitement, Attempt and Complicity 6. Proving Genocide 7. Punishment C. Use and Misuse of Genocide Terminology 1. Using and Misusing the G-word: Why Words Matter 2. When Is It Proper to Characterize A Historical Event as a Genocide? Part II: Legal Reckoning with the Crimes of THE HOLOCAUST Chapter 3 Prosecution of Nazi War Criminals at Nuremberg A. The International Military Tribunal at Nuremberg 1. The Rocky Road at Nuremberg 2. The Trial 3. Major Criticisms of the IMT 4. The Holocaust at Nuremberg B. The Later Nuremberg Proceedings 1. The Twelve NMT Trials 2. Noel, Noel, what the hell 3. Legacy of the NMT Chapter 4 National Prosecutions of Nazi War Criminals