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The State, the Courts, and the Lessons of History: An Overview, with Reference to Some Emblematic Cases

  • Richard J. Golsan
Chapter

Abstract

This chapter explores the origins as well as the political, legal, and historic backdrops to the Nuremberg Trials of the 1940s, the trial of Adolph Eichmann in Jerusalem in 1961, and the French Trials for Crimes Against Humanity of the 1980s and 1990s of the Nazi Klaus Barbie and Vichy officials, Paul Touvier and Maurice Papon. It examines the legal hurdles encountered in each trial and also the ways in which the exigencies of the law and history were often at odds. Finally, in the case of the French trials, which occurred a half century after the crimes were committed, it shows how intervening events complicated both the legal proceedings as well as official efforts to explore thoroughly and make clear to the public the nature and extent of French complicity in the Holocaust.

References

  1. Arendt, H. (1994) Eichmann in Jerusalem. A Report on the Banality of Evil (New York: Penguin Books).Google Scholar
  2. Bloxham, D. (2001) Genocide on Trial. War Crimes Trials and the Formation of Holocaust History and Memory (New York: Oxford University Press).Google Scholar
  3. Cesarani, D. (2007) Becoming Eichmann. Rethinking the Life, Crimes, and trial of a “Desk Murderer” (Cambridge: De Capo Press).Google Scholar
  4. Douglas, L. (2014) ‘From IMT to NMT. The Emergence of a Jurisprudence of Atrocity’ in K. C. Priemel and A. Stiller (eds.) Reassessing the Nuremberg Military Tribunals. Transitional Justice, Trial Narratives, and Historiography (New York: Berghahn Books), pp. 276–295.Google Scholar
  5. Felman, S. (2002) The Juridical Unconscious: Trials and Traumas in the 20th Century (Cambridge: Harvard University Press).Google Scholar
  6. Goldensohn, L. and Gallately, R. (eds.) (2004) The Nuremberg Interviews (New York: Alfred A. Knopf).Google Scholar
  7. Golsan, R. J. (ed.) (1996) Memory, the Holocaust, and French Justice: The Bousquet and Touvier Affairs (Hanover: University Press of New England/Dartmouth Books).Google Scholar
  8. Golsan, R. J. (ed.) (2000) The Papon Affair. Memory and Justice on Trial (New York: Routledge).Google Scholar
  9. Hausner, G. (1996) Justice in Jerusalem (New York: Harper & Row).Google Scholar
  10. Hébert, V. (2014) ‘From Clean Hans to Vernichtungskrieg. How the High Command Case Shaped the Image of the Wehrmacht’ in K. C. Priemel and A. Stiller (eds.) Reassessing the Nuremberg Military Tribunals. Transitional Justice, Trial Narratives, and Historiography (New York: Berghahn Books), pp. 194–220.Google Scholar
  11. Horseman, Y. (2011) Theaters of Justice: Judging, Staging, and Working Through in Arendt, Brecht, and Delbo (Stanford: Stanford University Press).Google Scholar
  12. Priemel, K. C. and Stiller, A. (2014) ‘Introduction. Nuremberg’s Narratives. Revising the Legacy of the “Subsequent Trials”’ in K. C. Priemel and A. Stiller (eds.) Reassessing the Nuremberg Military Tribunals. Transitional Justice, Trial Narratives, and Historiography (New York: Berghahn Books), pp. 1–22.Google Scholar
  13. Reisman, W. J, and Antoniou, C. T. (eds.) (1994) The Laws of War. A Comprehensive Collection of Primary Documents on International Laws Governing Armed Conflict (New York: Vintage Books).Google Scholar
  14. Wieviorka, A. (2006) The Era of the Witness (Ithica: Cornell University Press).Google Scholar

Copyright information

© The Author(s) 2018

Authors and Affiliations

  • Richard J. Golsan
    • 1
  1. 1.Texas A&M UniversityCollege StationUSA

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