The Law in Nazi Germany: Ideology, Opportunism, and the Perversion of Justice. Edited by Alan E. Steinweis and Robert D. Rachlin.New York: Berghahn Books, 2013. Pp. x+246. $85.00 (cloth); $85.00 (e-book).Reassessing the Nuremberg Military Tribunals: Transitional Justice, Trial Narratives, and Historiography. Edited by Kim C. Priemel and Alexa Stiller. War and Genocide, volume 16. Edited by Omer Bartov and A. Dirk Moses.New York: Berghahn Books, 2013. Pp. xii+321. $95.00 (cloth); $95.00 (e-book).

2016 ◽  
Vol 88 (1) ◽  
pp. 235-238
Author(s):  
Warren Rosenblum
2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.


Author(s):  
Lawrence A. Zeidman

The Austrian neuroscience consolidation came swiftly and terribly on “non-Aryans.” Austrian anti-Semitism was arguably even more virulent than in Germany. And laws had already escalated in Nazi Germany to the point that Jewish physicians at most could only treat other Jews as derogatorily called “sick treaters”; these laws were instantly applicable in “annexed” Austria, with no stepwise progressive disfranchisement. Even “Aryan” neurologists who were thought to be unsympathetic to the Nazi movement were dismissed shortly after the “annexation.” The Vienna university neurology clinic was taken over primarily by SS neurologists who had been “illegal” Nazis before the annexation and were extremely dedicated to the Nazi cause. At least one, Walther Birkmayer, spoke of expanding the sterilization law to other hereditary conditions not stipulated already by the law. At least nine racial or political neuroscientist replacements, including directors of institutes, led to racial hygiene consequences, including execution of sterilization and euthanasia programs.


TheHandbookconsists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace operations, and the law of neutrality. Part IV introduces key concepts in international humanitarian law: weapons and the notion of superfluous injury and unnecessary suffering, the principle of distinction, proportionality, genocide and crimes against humanity, grave breaches and war crimes, internal armed conflict. Part V looks at key rights: the right to life, the prohibition on torture, the right to fair trial, economic, social and cultural rights, the protection of the environment, the protection of cultural property, and the human rights of the members of the armed forces. Part VI covers key issues such as: the use of force, terrorism, unlawful combatants, the application of human rights in times of armed conflict, forced migration, and issues of gender. Part VII deals with accountability issues including those related to private security companies, the need to focus on armed groups, as well as questions of state responsibility brought before national courts, and finally, the book addresses issues related to transitional justice.


2019 ◽  
pp. 22-39
Author(s):  
Corinna Mullin ◽  
Nada Trigui ◽  
Azadeh Shahshahani

Building on decades of struggle, the January 2011 Tunisian uprising triggered a wave of popular revolt that spread across North Africa and West Asia. After the uprising, Tunisia became the focus of a celebrated project of transitional justice, which is now the globally mandated method of reconciling victims and perpetrators following a nonrevolutionary regime change. However, Tunisia's process of transitional justice must be critically examined. The very paradigm employed—that is, the rule of law that transitional justice consistently seeks to impose—is skewed in favor of imperial interests, which can be traced to the paradigm's origins in the mid–twentieth century victory of European powers over Nazi Germany and its allies. There are other models of justice, however, that are not rooted in this Eurocentric victor's history, but instead derive from revolutionary traditions. A key one is the People's Tribunal, used since the late 1960s. The convening of a People's Tribunal in Tunisia could help amplify and extend the popular-justice claims that surfaced during the country's recent transitional-justice process. Establishing such a tribunal might help build a symbolic reservoir and organizational force that could ultimately contribute to substantial revolutionary change in the country.


2016 ◽  
Vol 5 (8) ◽  
Author(s):  
Felipe Campos Von Sperling (PUC Minas) ◽  
Lucas de Alvarenga Gontijo (PUC Minas)
Keyword(s):  

Este ensaio tem por objetivo expor que o povo que tem direito à sua memória, à sua história, no processo de formação de sua identidade e que esta é uma construção racional, uma construção seletiva do passado. Prega-se que o Brasil precisa apossar-se de sua história recente, tornar-se senhor dela, que o traumático período da ditadura militar 1964-85 precisa ser reconstruído de forma a reafirmar os valores constitucionais dos direitos humanos, a sua repulsa às formas institucionalizadas de violência, permitindo assim, projetar um futuro em que a dignidade humana e o Estado Democrático de Direito existam não só nas leis escritas de papel, mas como valor inter-subjetivamente reconhecido, compartilhado e efetivo.


2006 ◽  
Vol 39 (2) ◽  
pp. 320-322
Author(s):  
Charles E. McClelland

The law of diminishing returns can arguably be applied to historical research as well as larger economic enterprises. What had previously been described in a few paragraphs and notes of such standard works as those by Paul O. Rave and Hildegard Brenner has now been brought to the light of day in a full monographic treatment of Bettina Feistel-Rohmeder and the Deutsche Kunstgesellschaft (German Art Society). For those attracted by the majestic sweep of Joan Clinefelter's book title, however, a more accurate (if still overstated) description is found in the title of her 1995 Indiana University doctoral dissertation, “The German Art Society and the Battle for ‘Pure German’ Art, 1920–1945.”


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