• Holocaust denial law in the German Federal Republic
• Holocaust denial under the Austrian Verbotsgesetz
• Genocide denial law in Switzerland
• The French Lois Mémorielles
• The Zűndel case in Canada
• International bodies and genocide denial
• Criminalizing the denial or affirmation of the Armenian genocide
• American exceptionalism : the Mermelstein case
• State-mandated genocide education.

In Outlawing Genocide Denial, historian and political scientist Guenter Lewy scrutinizes the controversial practice of criminalizing genocide denial. Holocaust denial can be viewed as another form of hatred against Jews and restricting it can be understood as a way of preventing hate speech. Germany has made it a crime punishable by law. Other European countries have adopted similar laws. While the rationales for criminalizing speech seems reasonable, Lewy asks readers to look again and to consider carefully the dangers of doing so. His discussion neither dismisses the ramifications of genocide denial nor justifies it; he instead looks closely at the possible risks of government-enforced interpretations of history. By outlawing genocide denial, governments set a precedent for dictating historical "truth" and how events should be interpreted. Such government restrictions can be counterproductive in a democratic society that values freedom of speech. Lewy examines these and related ideas through the analysis of historical and current examples. He posits his own conclusion but leaves it to readers to view the evidence and arguments and to form their own opinions.
(source: Nielsen Book Data)

• Prosecuting rape : a test case of the modern relevance of WW2 legal practice
• A new paradigm for providing justice for international human rights violations
• When allies condemned the Holocaust
• Pursuing war criminals all over the world
• The Holocaust indictments : prosecuting the "footsoldiers of atrocity"
• Fair trials and collective responsibility for criminal acts
• Crimes against humanity : the "freedom to lynch," and the indictments of Adolf Hitler
• Liberating the Nazis
• The legacy unleashed.

Human Rights after Hitler reveals thousands of forgotten US and Allied war crimes prosecutions against Hitler and other Axis war criminals based on a popular movement for justice that stretched from Poland to the Pacific. These cases provide a great foundation for twenty-first-century human rights and accompany the achievements of the Nuremberg trials and postwar conventions. They include indictments of perpetrators of the Holocaust made while the death camps were still operating, which confounds the conventional wisdom that there was no official Allied response to the Holocaust at the time. This history also brings long overdue credit to the United Nations' War Crimes Commission (UNWCC), which operated during and after World War II. Dan Plesch describes the commission's work and Washington's bureaucratic obstruction to a 1944 proposal to prosecute crimes against humanity before an international criminal court. From the 1940s until a recent lobbying effort by Plesch and colleagues, the UNWCC's files were kept out of public view in the UN archives under pressure from the US government. The book answers why the commission and its files were closed and reveals that the lost precedents set by these cases have enormous practical utility for prosecuting war crimes today. They cover US and Allied prosecutions of torture, including "water treatment, " wartime sexual assault, and crimes by foot soldiers who were "just following orders." Plesch's book will fascinate anyone with an interest in the history of the Second World War as well as provide ground-breaking revelations for historians and human rights practitioners alike.
(source: Nielsen Book Data)

• Holocaust denial law in the German Federal Republic
• Holocaust denial under the Austrian Verbotsgesetz
• Genocide denial law in Switzerland
• The French Lois Mémorielles
• The Zűndel case in Canada
• International bodies and genocide denial
• Criminalizing the denial or affirmation of the Armenian genocide
• American exceptionalism : the Mermelstein case
• State-mandated genocide education.

In Outlawing Genocide Denial, historian and political scientist Guenter Lewy scrutinizes the controversial practice of criminalizing genocide denial. Holocaust denial can be viewed as another form of hatred against Jews and restricting it can be understood as a way of preventing hate speech. Germany has made it a crime punishable by law. Other European countries have adopted similar laws. While the rationales for criminalizing speech seems reasonable, Lewy asks readers to look again and to consider carefully the dangers of doing so. His discussion neither dismisses the ramifications of genocide denial nor justifies it; he instead looks closely at the possible risks of government-enforced interpretations of history. By outlawing genocide denial, governments set a precedent for dictating historical "truth" and how events should be interpreted. Such government restrictions can be counterproductive in a democratic society that values freedom of speech. Lewy examines these and related ideas through the analysis of historical and current examples. He posits his own conclusion but leaves it to readers to view the evidence and arguments and to form their own opinions.
(source: Nielsen Book Data)

• Holocaust denial law in the German Federal Republic
• Holocaust denial under the Austrian Verbotsgesetz
• Genocide denial law in Switzerland
• The French Lois Mémorielles
• The Zűndel case in Canada
• International bodies and genocide denial
• Criminalizing the denial or affirmation of the Armenian genocide
• American exceptionalism : the Mermelstein case
• State-mandated genocide education.

In Outlawing Genocide Denial, historian and political scientist Guenter Lewy scrutinizes the controversial practice of criminalizing genocide denial. Holocaust denial can be viewed as another form of hatred against Jews and restricting it can be understood as a way of preventing hate speech. Germany has made it a crime punishable by law. Other European countries have adopted similar laws. While the rationales for criminalizing speech seems reasonable, Lewy asks readers to look again and to consider carefully the dangers of doing so. His discussion neither dismisses the ramifications of genocide denial nor justifies it; he instead looks closely at the possible risks of government-enforced interpretations of history. By outlawing genocide denial, governments set a precedent for dictating historical "truth" and how events should be interpreted. Such government restrictions can be counterproductive in a democratic society that values freedom of speech. Lewy examines these and related ideas through the analysis of historical and current examples. He posits his own conclusion but leaves it to readers to view the evidence and arguments and to form their own opinions.
(source: Nielsen Book Data)

• Nuremberg
• Eichmann
• Zundel
• Appendix : Nuremberg Defendants.

This powerful book offers the first detailed examination of the law's response to the crimes of the Holocaust. In vivid prose it offers a fascinating study of five exemplary proceedings - the Nuremberg trial of the major Nazi was criminals, the Israeli trials of Adolf Eichmann and John Demjanjuk, the French trial of Klaus Barbie, and the Canadian trial of Holocaust denier Ernst Zundel. These trials, the book argues, were 'show trials' in the broadest sense: they aimed to do justice both to the defendants and to the history and memory of the Holocaust. With insight Douglas explores how prosecutors and jurors struggled to submit unprecedented crimes to legal judgment, and in so doing, to reconcile the interests of justice and pedagogy. Against the attacks of such critics as Hannah Arendt, Douglas defends the Nuremberg and Eichmann trials as imaginative, if flawed, responses to extreme crimes. By contrast, he shows how the Demjanjuk and Zundel trials turned into disasters of didactic legality, obfuscating the very history they were intended to illuminate. In their successes and shortcomings, Douglas contends, these proceedings changed our understandings of both the Holocaust and the legal process - revealing the value and limits of the criminal trial as a didactic tool.
(source: Nielsen Book Data)

• Nuremberg
• Eichmann
• Zundel
• Appendix : Nuremberg Defendants.

This powerful book offers the first detailed examination of the law's response to the crimes of the Holocaust. In vivid prose it offers a fascinating study of five exemplary proceedings - the Nuremberg trial of the major Nazi was criminals, the Israeli trials of Adolf Eichmann and John Demjanjuk, the French trial of Klaus Barbie, and the Canadian trial of Holocaust denier Ernst Zundel. These trials, the book argues, were 'show trials' in the broadest sense: they aimed to do justice both to the defendants and to the history and memory of the Holocaust. With insight Douglas explores how prosecutors and jurors struggled to submit unprecedented crimes to legal judgment, and in so doing, to reconcile the interests of justice and pedagogy. Against the attacks of such critics as Hannah Arendt, Douglas defends the Nuremberg and Eichmann trials as imaginative, if flawed, responses to extreme crimes. By contrast, he shows how the Demjanjuk and Zundel trials turned into disasters of didactic legality, obfuscating the very history they were intended to illuminate. In their successes and shortcomings, Douglas contends, these proceedings changed our understandings of both the Holocaust and the legal process - revealing the value and limits of the criminal trial as a didactic tool.
(source: Nielsen Book Data)

• Introduction: Drawing lines
• Mapping the West : Nuremberg's sources
• Contructing Nuremberg
• The lunatic fringe, mostly
• Paving the Sonderweg
• Saving capitalism
• Trying modernity or La Trahison des Clercs
• East by south-east : the military cases
• Reintegrating the other
• Conclusion.

At the end of World War II the Allies faced a threefold challenge: how to punish perpetrators of appalling crimes for which the categories of 'genocide' and 'crimes against humanity' had to be coined; how to explain that these had been committed by Germany, of all nations; and how to reform Germans. The Allied answer to this conundrum was the application of historical reasoning to legal procedure. In the thirteen Nuremberg trials held between 1945 and 1949, and in corresponding cases elsewhere, a concerted effort was made to punish key perpetrators while at the same time providing a complex analysis of the Nazi state and German history. Building on a long debate about Germany's divergence from a presumed Western path of development, Allied prosecutors sketched a historical trajectory which had led Germany to betray the Western model. Historical reasoning both accounted for the moral breakdown of a 'civilised' nation and rendered plausible arguments that this had indeed been a collective failure rather than one of a small criminal clique. The prosecutors therefore carefully laid out how institutions such as private enterprise, academic science, the military, or bureaucracy, which looked ostensibly similar to their opposite numbers in the Allied nations, had been corrupted in Germany even before Hitler's rise to power. While the argument, depending on individual protagonists, subject matters, and contexts, met with uneven success in court, it offered a final twist which was of obvious appeal in the Cold War to come: if Germany had lost its way, it could still be brought back into the Western fold. The first comprehensive study of the Nuremberg trials, The Betrayal thus also explores how history underpins transitional trials as we encounter them in today's courtrooms from Arusha to The Hague.
(source: Nielsen Book Data)

• Introduction Part I - The Defendant in International Criminal Proceedings
• 1. Can There Be Proceedings (in the Defendant's Presence) at All? A The Absolute Ban on Proceedings Against Deceased Defendants B Fitness of the Defendant to Stand Trial C Proceedings in the Absence of the Defendant
• 2. The Position of the Defendant in the Trial A Position vis-a-vis Counsel B Position vis-a-vis the Court C Ability to Make Statements
• 3. The Position of the Defendant in Developments Alongside the Trial
• 4. Summary Part II: Between Impunity and Show Trials? - Between Law and Historiography
• 5. The Relationship between Criminal Trials and Historiography
• 6. Tracing the Influence of Historiography on the Law Conclusion Bibliography.
• (source: Nielsen Book Data)

It is often said that criminal procedure should ensure that the defendant is a subject, not just an object, of proceedings. This book asks to what extent this can be said to be true of international criminal trials. The first part of the book aims to find out the extent to which defendants before international criminal courts are able to take an active part in their trials. It takes an in-depth look at the procedural regimes of international courts, viewed against a benchmark provided by national provisions representing the main traditions of criminal procedure and by international human rights law. The results of this comparative endeavour are then used to shed light, from a practical point of view, on the oft-debated question whether (international) criminal trials should be used as a tool for writing history or whether, as claimed by Martti Koskenniemi, pursuing this goal leads to a danger of "show trials".
(source: Nielsen Book Data)

• The role of legal trials in the preservation of select Holocaust histories and memories
• The Nuremberg trial of the major war criminals and early legal remembrances of the Holocaust
• The difficulties of "mastering the past" : contemporary and modern vectors of memories and the Auschwitz trial
• Israeli judicial proceedings and changing remembrances of the Holocaust
• Canada's experiences with Holocaust trials
• Understanding England's Holocaust memories
• The future of legal involvement in Holocaust memories.

During the past several decades, the twentieth-century Holocaust has become a defining event in many histories. This newfound respect for the Judeocide has been cathartic for both individuals and communities, in that it provides evidence that audiences around the world are rethinking the significance of the World War II narratives of bystanders, perpetrators, and victims. Given the complexities of these issues, scholars who are interested in studying Holocaust memory make choices about the questions on which they focus, the artifacts they select for analysis, and the perspectives they want to present. Hasian reviews how national and international courts have used Holocaust trials as forums for debates about individuated justice, historical record keeping, and pedagogical memory work. He concludes that the trials involving Auschwitz, Demjanjuk, Eichmann, Finta, Nuremberg, Irving, Kastner, Keegstra, Sawoniuk, and Zundel are highly problematic. The author provides a rhetorical analysis of holocaust trials as a way of looking into the question of what role court proceedings play in the creation of Holocaust collective memories.
(source: Nielsen Book Data)

• Introduction
• L'élaboration du concept de génocide
• La réception du génocide dans l'empire du droit
• Une thèse en dialogue
• Orientations bibliographiques
• Les poursuites judiciaires contre Hitler / par Raphaël Lemkin, traduit de l'anglais par Olivier Beauvallet.

• Introduction
• The witness as righteous avenger : the Tehlirian and Schwarzbard trials, 1921 and 1927
• The camp survivor : the libel cases of Victor Kravchenko and David Rousset, 1949 and 1950-51
• The Holocaust witness : the Eichmann trial and its aftermath
• The global victim and the counterwitness
• Conclusion.

The Moral Witness is the first cultural history of the "witness to genocide" in the West. Carolyn J. Dean shows how the witness became a protagonist of twentieth-century moral culture by tracing the emergence of this figure in courtroom battles from the 1920s to the 1960s-covering the Armenian genocide, the Ukrainian pogroms, the Soviet Gulag, and the trial of Adolf Eichmann. In these trials, witness testimonies differentiated the crime of genocide from war crimes and began to form our understanding of modern political and cultural murder. By the turn of the twentieth century, the "witness to genocide" became a pervasive icon of suffering humanity and a symbol of western moral conscience. Dean sheds new light on the recent global focus on survivors' trauma. Only by placing the moral witness in a longer historical trajectory, she demonstrates, can we understand how the stories we tell about survivor testimony have shaped both our past and contemporary moral culture.
(source: Nielsen Book Data)

• Reading international law's historiographic turn in Latin America
• The birth of the Root doctrine
• Pan-Americanism and rehabilitated Monroeism
• The Monroe Doctrine and the standard of civilization
• The Central American Court of Justice and the Monroe Doctrine
• Conclusion.

International law's turn to history in the Americas receives invigorated refreshment with Christopher Rossi's adaptation of the insightful and inter-disciplinary teachings of the English School and Cambridge contextualists to problems of hemispheric methodology and historiography. Rossi sheds new light on abridgments of history and the propensity to construct and legitimize whiggish understandings of international law based on simplified tropes of liberal and postcolonial treatments of the Monroe Doctrine. Central to his story is the retelling of the Monroe Doctrine by its supreme early twentieth century interlocutor, Elihu Root and other like-minded internationalists. Rossi's revival of whiggish international law cautions against the contemporary tendency to re-read history with both eyes cast on the ideological present as a justification for misperceived historical sequencing.
(source: Nielsen Book Data)

• Reading international law's historiographic turn in Latin America
• The birth of the Root doctrine
• Pan-Americanism and rehabilitated Monroeism
• The Monroe doctrine and the standard of civilization
• The Central American Court of Justice and the Monroe doctrine
• Conclusion.

International law's turn to history in the Americas receives invigorated refreshment with Christopher Rossi's adaptation of the insightful and inter-disciplinary teachings of the English School and Cambridge contextualists to problems of hemispheric methodology and historiography. Rossi sheds new light on abridgments of history and the propensity to construct and legitimize whiggish understandings of international law based on simplified tropes of liberal and postcolonial treatments of the Monroe Doctrine. Central to his story is the retelling of the Monroe Doctrine by its supreme early twentieth century interlocutor, Elihu Root and other like-minded internationalists. Rossi's revival of whiggish international law cautions against the contemporary tendency to re-read history with both eyes cast on the ideological present as a justification for misperceived historical sequencing.
(source: Nielsen Book Data)