Title: Prosecuting Nazi war criminals /
Authors: Rosenbaum, Alan S.
Publisher: Westview Press,
Year: 1993
Subjects: War crime trials; World War, 1939-1945 Atrocities.
Abstract: It has been nearly fifty years since the collapse of the Nazi regime; is there any longer a point to pressing for the apprehension and prosecution of surviving Nazi war criminals? In this carefully argued book, Alan Rosenbaum makes it clear that there is. He contends that apart from the concerns about obligations to the dead or vengeance against the living, we must continue to pursue the prosecutorial agenda as an investment in the moral climate in which we wish to live. To fail to do so would be to fail in our commitment to a society safe for ethnic, cultural, and religious diversity. Demonstrating that the crucial arguments apply well beyond the specific concern about war criminals, Rosenbaum looks at other current issues, including the treatment of hate groups and hate speech and the reconstruction of a Christian theology without anti-semitism. This book is an important contribution to Jewish and Holocaust studies; to political, social, and legal thought; and to moral theory.
Contents: The Holocaust: An Overview -- The Aftermath of the Third Reich -- The Nuremburg Trials: Bringing War Criminals to Justice -- Some Philosophical Considerations -- The Rule of Law -- Characteristics of Law Under Nazi Rule -- Nazi Justice: Philosophical Perspectives -- Morality and Nazi Law -- An Overview of Law Under Nazi Rule: Two Perspectives -- Sovereignty and the Emergency Decree: Subverting the Rule of Law -- The Rule of Law Contra Nazi Law: On Prosecution -- Philosophizing About Prosecuting Nazi War Criminals -- An Obligation to Prosecute in a Rights-Based Society -- Legal Justice and the Rule of Law -- Nazi Fugitives: The Escape from Accountability -- The Dispersion of Nazi War Criminals -- The U.S. Invitation to Nazi War Criminals -- The Relocation and Reintegration of Nazis and Nazi Collaborators -- The Evasion of Justice -- Puvogel and Frankel: Reintegration -- Adolf Eichmann: The Monastery Route and the South American Connection -- John Demjanjuk: The U.S. Displaced Persons Act of 1948 -- Arthur Rudolph: The U.S. Invitation to Germanys Scientists -- Klaus Barbie: the U.S. Contribution to the Rat Line -- Joseph Schwammberger: German Business Assistance in the Relocation of Former Nazi -- Alois Brunner: The Middle East Connection -- Post-Nuremberg Prosecutions and the Problem of Blame -- The Persistence of Antisemitic Insensitivity -- Bringing Nazi War Criminals to Justice in Domestic Courts -- Some Issues Surrounding Israeli Prosecutions -- International Responsibility for Prosecuting Nazi War Criminals -- Assistance in Persecution: Who Should Be Prosecuted? -- A Model of Responsibility -- Coercion and Diminished Responsibility -- Resistance and the Issue of Collective Guilt -- Against Collective Guilt -- In Support of a Qualified Collective Responsibility -- The Rebuttal of Arguments Against Prosecution -- The Passage of Time Argument -- The Extenuating Circumstances Argument -- The Diminishment of Responsibility Argument -- The Contrition Argument.