Holocaust, Genocide, and the Law: A Quest for Justice in a Post-Holocaust World
Michael Bazyler
Abstract
Much 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 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. This book has three parts. The first part presents the history of the Holocaust as a legal event. It also describes how genocide has ... More
Much 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 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. This book has three parts. The first part presents the history of the Holocaust as a legal event. It also describes how genocide has become known as the “crime of crimes.” The second part discusses post-Holocaust legal topics, namely, the criminal prosecution of Nazi war criminals, including the Eichmann trial in Israel and prosecutions in Germany and the United States; Holocaust restitution civil litigation in the United States and the use of this litigation as a model for recognition of financial crimes committed during other mass atrocities; laws in Europe criminalizing Holocaust denial and efforts to criminalize denial of other genocides; and the impact of Nazi crimes on post-Holocaust jurisprudence. The third part examines the Holocaust as a catalyst for post-Holocaust international justice, specifically, the resurrection of the Nuremberg process as a model for international criminal prosecutions and how genocide is prosecuted today. Together, this collection of subjects establishes a new legal discipline, which this book labels “Post-Holocaust Law.”
Keywords:
post-Holocaust law,
genocide,
Nuremberg trials,
Eichmann trial,
crime of crimes,
Holocaust restitution,
Holocaust denial,
post-Holocaust international justice
Bibliographic Information
Print publication date: 2017 |
Print ISBN-13: 9780195395693 |
Published to Oxford Scholarship Online: November 2016 |
DOI:10.1093/acprof:oso/9780195395693.001.0001 |
Authors
Affiliations are at time of print publication.
Michael Bazyler, author
Professor of Law and The 1939 Society Scholar in Holocaust and Human Rights Studies, Chapman University, Fowler School of Law
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