The Heidelberg Circle of Jurists and Its Struggle against Allied Jurisdiction: Amnesty-Lobbyism and Impunity-Demands for National Socialist War Criminals (1949–1955)

Author(s):  
Philipp Glahé

Abstract After the Second World War, the Allies began a program of legal prosecution of war criminals who were to be sentenced in fair and public processes. However, these processes soon evoked vivid criticism, and by no means simply from former National Socialists. The Heidelberg Circle of Jurists (‘Heidelberger Juristenkreis’) is an example of a heterogeneous lobby group including victims of National Socialism as well as supporters of this ideology demanding amnesty for German war criminals between 1949 and 1955. Numbering forty high-ranking judges, lawyers, politicians, professors and church representatives, the Circle had access to a vast network and had a considerable impact on Allied and German war-crimes policy. On the basis of new source material, this article examines the Circle’s evolution, its apparently contradictory composition, its argumentation and its aims, by focusing on three of its members, the former minister of justice of the Weimar Republic and legal philosopher Gustav Radbruch, the internationalist Erich Kaufmann and the Nuremberg lawyer Hellmut Becker.

Author(s):  
Dean Aszkielowicz

Long before the Second World War ended, the Allies were planning to prosecute Axis war criminals, including both those in positions of leadership and the perpetrators of individual crimes. There was no standing war crimes court at the end of the Second World War, however, and the post-war trials were a watershed in international law. For the trials at Nuremberg and Tokyo, Allied planners drew on the development of international humanitarian law and international agreements signed by the combatants over the decades preceding the war. The vast majority of war criminals who were prosecuted did not face the court at Nuremberg or Tokyo: they appeared before national military tribunals which were conducted according to each prosecuting country’s war crimes law. The Australian War Crimes Act passed through the parliament in October 1945, shortly before trials began.


2020 ◽  
pp. 002200942091108
Author(s):  
Benjamin M. Schneider

During the Second World War, the US Army was faced with the problem of turning average civilians into soldiers capable of destroying the German army. To ease their adjustment to their new duties and overcome what US officers saw as the unsuitability of Americans for soldiering, the Army Ground Forces adopted a training regimen designed to produce an ‘induced urge to hate the enemy’. This training would make soldiers into enthusiastic killers by portraying the enemy as brutal and ruthless and warfare as a fundamentally lawless activity. As the war went on, hate training increasingly emphasized German atrocities, breaking down the distinctions between soldier and civilian and painting all Germans as potential threats. This antinomian approach achieved only marginal effectiveness in getting US troops to kill, but had dire results for military justice. Blurring the lines between lawful killing and murder, the army’s hate training program crippled its ability to police its soldiers. As violence against German civilians and POWs mounted, many officers felt these war crimes were the natural and inevitable result of the army’s training regimen. Unwilling to hold soldiers responsible, confessed war criminals were only lightly punished, explicitly because the Army believed they had only acted on their training.


Quaerendo ◽  
2010 ◽  
Vol 40 (3-4) ◽  
pp. 256-283
Author(s):  
Frederike Doppenberg

AbstractDuring the Second World War the social-democratic publisher De Arbeiderspers [The Workers’ Press] was transferred into National Socialist hands. The National Socialists wanted to transform the party press of the SDAP, the social democratic party of the Netherlands, into a National Socialist platform. The publisher, however, had a secure circle of socialist customers whom the new management did not want to deter. This article is a study, based on a reconstruction of the list of publications during the period ’40 -’45, of how the National Socialist managers attempted to change the ideological foundation of De Arbeiderspers.


2019 ◽  
Vol 77 (4) ◽  
pp. 309-328
Author(s):  
Aragorn Fuhrmann

Deze paper beoogt een nieuw licht te werpen op het vroege literaire werk van Hugo Claus, meer bepaald op De Oostakkerse gedichten (1955). Claus’ canonieke dichtbundel werd tot dusver hoofdzakelijk gelezen vanuit een klassiek structuralistisch paradigma. Dat betekent dat Claus’ gedichten steevast werden losgekoppeld van hun biografische en historische context. In dat verband opteert deze paper voor een alternatieve lezing. Uitgangspunt vormt het oorlogsverleden van de auteur: Claus was tijdens de Tweede Wereldoorlog lid van een nationaalsocialistische jeugdbeweging en groeide op in een milieu van collaborateurs en geradicaliseerde Vlaams-nationalisten. Nadat de schrijver dit verleden eerst probeerde te ontvluchten door naar Parijs te reizen en zich daar expliciet te profileren als een autonome en kosmopolitische kunstenaar, ging hij er vanaf 1952 toch steeds weer de confrontatie mee aan. In de zomer van dat jaar ging Claus gedurende enkele maanden op bezoek bij zijn familie in Lourdes-Oostakker. Tijdens zijn verblijf in het Oost-Vlaamse dorp en bedevaartsoord kwam hij niet alleen opnieuw in aanraking met de financiële en relationele problemen van zijn door de repressie getekende bloedverwanten, hij werd er ook geconfronteerd met een Vlaanderen dat zijn oorlogsverleden nog steeds niet kritisch had verwerkt. Lourdes-Oostakker bleek het decor te vormen van een van de vele ideologisch verre van onschuldige oostfrontherdenkingen die op dat moment op verschillende plekken in Vlaanderen werden georganiseerd. Tegen die achtergrond schreef Claus een eerste versie van zijn Oostakkerse gedichten: een scherpzinnig onderzoek naar de unheimliche parallellen tussen het nationaalsocialisme en het christelijke denken én zijn eerste, poëtische aanklacht tegen het naoorlogse, in rites en mythes verstrikte Vlaanderen.___________ The rapid-fire writer, war and collaboration. Trauma processing in Hugo Claus’s ‘Nota’s voor een Oostakkerse Cantate’ This paper aims to shed new light on Hugo Claus’s early work, in particular his De Oostakkerse gedichten (1955). Notwithstanding a few exceptions, this work has generally been analysed from a classic structuralist paradigm. Consequently, Claus’s poems have continuously been detached from their biographical and historical contexts. To address this issue, this paper will propose an alternative approach. It will stress the prevalence of Claus’s wartime experiences, when, in a context of collaborating and radicalized Flemish nationalists, he became a member of a National-Socialist youth organisation. After first discarding his wartime upbringing by travelling to Paris and proclaiming to be an autonomous and cosmopolitan artist, Claus would start to confront his past during the summer of 1952, when he visited his family in Lourdes-Oostakker for a couple of months. During this time, Claus would not only encounter destitute family members who were affected by the post-war repression, but also be struck by the fact that Flanders had still not critically addressed its role and involvement in the Second World War. Moreover, Lourdes-Oostakker was one of many sites in Flanders that commemorated those that had fought at the eastern front during the war in a highly partisan manner. It is in these circumstances that Claus would write his initial version of the De Oostakkerse gedichten, constituting an astute examination of the disquieting parallels beween National Socialism and Christian rationale as well as his first, poetical charge against the rites and myths that marked post-war Flanders.


2014 ◽  
Vol 23 (3) ◽  
pp. 329-357 ◽  
Author(s):  
MARICIÓ JANUÉ I MIRET

AbstractDuring 1941 the need for workers in Germany increased. As a result, the National Socialists requested allied and neutral countries to recruit volunteer workers. The total number of volunteers from these countries employed by the Nazis during the Second World War was similar to the total number of the civilian workers from occupied Poland. In spite of the better conditions offered to these volunteers and the efforts to indoctrinate them, the National Socialists failed to attract them to their cause. This article examines the reasons for this failure, taking as an example the case of the Spanish volunteers. The research is mainly based on the documents of the German-Spanish Society (Deutsch-Spanische Gesellschaft, DSG) of Berlin, which was the principal intermediary between the Spanish volunteers, and the National Socialist and Spanish authorities.


2019 ◽  
pp. 63
Author(s):  
Magdalena Winkler

This paper examines the controversy triggered by the „Wehrmachtsausstellung“, an exhibition on the war crimes of the Wehrmacht during the Second World War, displayed from 1995 to 1999. By analysing the debates surrounding the controversy, it shall be investigated to what extent generationally different approaches of remembrance of National Socialism and the Holocaust emerged in the course of the discussions. As will be shown, the controversy partially emerged due to the generational shift concerning history and memory.


2012 ◽  
Vol 52 (3-4) ◽  
pp. 242-289 ◽  
Author(s):  
Joachim Scholtyseck

Because certain movements in the Arab world of the 1930s and 1940s showed similarities to Mussolini’s and Hitler’s regimes, historians have drawn comparisons with the fascist and National Socialist dictatorships. But not even those arguing for the concept of a “generic fascism” are able to wholeheartedly subsume these movements under their fascist rubric. Fascism and National Socialism evolved in Europe, were shaped by the mood at the fin de siècle, became effective after the First World War in a unique political, social, economic and cultural atmosphere, and only lost their appeal in 1945 at the conclusion of the Second World War. They flourished in industrialized societies and aimed—in novel and twisted ways—at reversing the liberalization of 19th-century Europe. They emphasized power, national rebirth, military order and efficiency; and they were, in the case of Germany, driven by anti-Semitism and racism, resulting in totalitarian rule with genocidal consequences. National-socialist and fascist movements and regimes required the atmosphere and culture of liberal democracy as a foil—and liberal democracy was virtually nonexistent in the Near and Middle East. The preconditions for fascism were thus lacking. Colonial rule was still in place, traditional culture still prevailed in these mainly rural societies, and their small bourgeois parties showed greater allegiance to their clans than to liberal and secular ideologies.


2020 ◽  
Vol 66 (1) ◽  
pp. 125-146
Author(s):  
Korine Powers

Beginning with Red Dragon (1981), horror icon Hannibal Lecter thrilled audiences as the ultimate unreadable reader, consuming minds and bodies behind the polished veneer of aristocratic taste and psychological expertise. Yet by the end of the twentieth century, Lecter had shifted from monster to hero. This article argues that Thomas Harris’s prequel novel, Hannibal Rising (2006), makes Lecter more palatable by portraying his serial murders as an act of vengeance against a postwar society that allowed war criminals to rejoin the consumer milieu. Hannibal Rising uses graphic depictions of the atrocities of the Second World War—including freezing, starvation, immolation, and enslavement—to mitigate Lecter’s cannibalistic classism and restore his humanity. Lecter is rendered mute by the trauma of consuming his sister, the patrician Lecter Castle becomes a Soviet orphanage, and Lecter’s eventual victims are war criminals who have reintegrated into society across the Western world. In return, Hannibal Rising’s readers are asked to project the specter of Lecter’s trauma and these war criminals’ violence onto all of Lecter’s victims. No act of cannibalism, Hannibal Rising suggests, is more monstrous than the war crimes and subsequent Allied apathy that Hannibal fights and bites against.


Author(s):  
Vittorio Hösle

The two most appalling consequences of National Socialism were the victims of mass murder and the Second World War. The National Socialists also destroyed, along with many other things, the special status of German culture. They did so by driving out and murdering its Jewish and critical intelligentsia; the German policy of occupation caused Scandinavia, central Eastern Europe, and the Benelux countries, where German had often been a scientific lingua franca, to turn resolutely toward English; and even after the restoration of constitutional government based on the rule of law in the Federal Republic, further travel along specifically German philosophical paths was no longer possible. This chapter discusses the philosophers of the Federal Republic who won wide international recognition. A strong focus of the young Federal Republic was on the historiography of philosophy, to which thinkers attached their own, usually modest systematic ambitions.


2019 ◽  
Vol 41 (2) ◽  
pp. 79-123
Author(s):  
Dominika Uczkiewicz

On 30 March 1943 the Decree of the President of the Polish Republic on Criminal Liability for War Crimes, the first normative act setting down the legal basis for persecution of war criminals issued by one of the Allies during the Second World War, was proclaimed. The promulgation of the decree can be considered as the turning point in the Polish government-in-exile’s policy towards the problem of the prosecution and punishment of Nazi criminals, which started in autumn 1939. After the announcement of the draft decree, developed by the Polish minister of justice, professor of state law, Wacław Komarnicki and by an international lawyer, professor of criminal law, Stefan Glaser in the spring of 1942, a fierce discussion on the legal act’s concept broke out in the Polish government and lasted until November 1942. Although all Polish politicians agreed on the need to define the principles of individual criminal liability for war crimes, the proposal to promulgate criminal legislation with retroactive effect aroused much controversy. However, as the course of these debates shows, the critical point was not the mere fact of violating the lex retro non agit principle. The scepticism of some Polish politicians towards this idea resulted from purely pragmatic reasons and was caused by lack of support from the American and British governments for the proposal to define legal frames for the future trials of war criminals this attitude changed only in spring 1945. This article presents the genesis and provisions of the Decree of the President of the Polish Republic on Criminal Liability for War Crimes of 30 March 1943 in the context of international debates on international criminal law and individual liability for war crimes. It argues that the legislative works on the decree and its proclamation in March 1943 mark an important point in the process of shaping the concept of prosecution and punishment of war criminals during the Second World War.


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