Holocaust And Justice – david bankier and Dan Michman

pg 25 (the use of holocaust as a reestablish tool for israel ) – Norbert Frei has rightly suggested that the decision of the World War II Allies to respond to Nazi criminality through the medium of law rather than revenge simultaneously allowed some sort of reckoning with the immediate past and laid the foundations for the reintegration of Germany into European society sooner rather than later. In developing Frei’s second point in a different direction to that which he intends, one might contend that there was one further high strategic use of legal redress. This use was probably not intended at the outset by most trial planners but came to be very important: the simple fact that the very impact of criminal trials could be mitigated at will in the interests of national solidarity and or international cooperation. As far as the burgeoning, reciprocal security and economic relationships between Germany and the west were concerned, the very structural quality that the impact of trials could be mitigated by the tactical premature release of convicted criminal was at least as important as the humanity and wisdom implicit in the option for criminal justice in the first place. In other words , when addressing this period as a whole from the perspective of political strategy , we should see trails as one useful but disposable strand of a flexible policy for addressing the politics of the day

pg 26 – With the exception of Britain, every European combatant country had by the end of the war experienced either defeat or occupation or both. Defeat and occupation brought loss at many different levels, and with the loss came trauma and thus the need to rebuild both psychologically as well as materially. The struggle of each European society to reconcile the experience of war or subjection or collaboration or perpetration with the need for cohesive identity was swiftly complicated by the Cold war re division of the continent across erstwhile Allie-axis boundaries

pg 27 – It is equally noteworthy that across Europe the scale of trials for indigenous collaborators is of a different order to that of trials of war criminals proper, and of Germans in general. In poland, the ratio of collaborators to war criminals was approximate 2:1

pg 32 -Within this complex of national purges and great power-influenced supranational politics, in the absence of a national state infrastructure Jews could only press for a legal reckoning for crimes committed against Jews by proxy, using the offices of the former Allied states, which sometimes proved reluctant to comply. Few trials of the immediate postwar era dressed the “final solution of the Jewish question” as the result of a primary concern of the initiation of prosecution.




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