Vergangenheitspolitik durch Strafrecht

2021 ◽  
Author(s):  
Christian Pöpken

The criminal proceedings on National Socialist crimes conducted in German courts in the immediate aftermath of the Second World War have long stood in the shadow of the Nazi war-crime trials conducted by the Allies and the criminal proceedings, such as the Auschwitz trials in Frankfurt, conducted by Germany with renewed vigour from the end of the 1950s on. Focusing on the supreme court for the British zone of occupation (1947–50), this historical academic study shifts attention onto an important protagonist in the aforementioned earlier series of criminal prosecutions. Using a broad spectrum of sources as its starting point, it is the first to present and analyse in detail that the ruling on crimes against humanity pronounced by this court, which was the only German appellate court responsible for an entire occupied zone, signified a pioneering yet quickly forgotten contribution to the legal proceedings against Nazi injustices. As a result, it portrays the court as a significant player in an embattled policy for dealing with the past using criminal law and thus as an important part of contemporary legal history.

2006 ◽  
Vol 14 (4) ◽  
pp. 441-455 ◽  
Author(s):  
ALAN KRAMER

The Nuremberg tribunal following the Second World War is universally considered as the foundation stone of international law with regard to war crimes and crimes against humanity. It may come as a surprise, however, to learn that the first international attempts to prosecute war crimes and crimes against humanity came at the end of the First World War, with trials held at Allied prompting in Turkey and Germany.


2012 ◽  
Vol 17 ◽  
pp. 17-32
Author(s):  
Mónika Szente-Varga

The first diplomatic and consular relations were established between Mexico and the Habsburg Empire in the 1800 s, motivated basically by commerdal reasons and dynastic interests. These got to an abrupt end with the execution of Emperor Maximilian in Querétaro in 1867, and diplomatic relations were resumed only decades later, in 1901, which is, in fact, our starting point. This essay examines the development of diplomatic relations between Mexico and Central-Eastern Europe from the beginning of the 20'' centuiy until nowadays. It is divided into chronological chapters, where we study bilateral relations in the coordinates of the following periods: beginning of the century, the period between the two world wars, the Second World War, Cold War and recent years. The investigation in based on documents of the Ministry of Foreign Affairs of Mexico (SRE-AHD) and of the Hungarian National Archive (MOL).


2018 ◽  
Vol 17 (2) ◽  
pp. 507-525
Author(s):  
KERSTIN VON LINGEN

This article addresses the normative framework of the concept of “crimes against humanity” from the perspective of intellectual history, by scrutinizing legal debates of marginalized (and exiled) academic–juridical actors within the United Nations War Crimes Commission (UNWCC). Decisive for its successful implementation were two factors: the growing scale of mass violence against civilians during the Second World War, and the strong support and advocacy of “peripheral actors,” jurists forced into exile in London by the war. These jurists included representatives of smaller Allied countries from around the world, who used the commission's work to push for a codification of international law, which finally materialized during the London Conference of August 1945. This article studies the process of mediation and the emergence of legal concepts. It thereby introduces the concept of “legal flows” to highlight the different strands and older traditions of humanitarian law involved in coining new law. The experience of exile is shown to have had a significant constitutive function in the globalization of a concept (that of “crimes against humanity”).


Author(s):  
Gaj Trifković

This chapter contains a few concluding remarks. This book is the first attempt at a comprehensive analysis of non-violent contacts between the Partisans and the German occupation authorities in Yugoslavia in the Second World War. Far from being the final word on the topic, it is a starting point for further research on various aspects of POW history. Frequent exchanges of able-bodied prisoners between the occupation forces and a resistance movement, partly through a cartel negotiated directly between their high commands, was a distinctive feature of the Second World War in Yugoslavia. It was probably the only place in war-torn Europe where representatives of two irreconcilable ideologies, Communism and Nazism, met regularly at the negotiating table. Both were primarily motivated by the desire to save their own men, but the talks did mitigate, however marginally, the horrors of the war.


2014 ◽  
Vol 41 (1) ◽  
pp. 57-83 ◽  
Author(s):  
Claire P. Kaiser

The immediate aftermath of the Second World War saw a transnational effort to identify and prosecute those individuals who committed war crimes and crimes against humanity in such fora as the International Military Tribunal at Nuremberg. However, parallel national processes were carried out across Europe to punish those citizens who, by a range of definitions, allegedly collaborated with enemy occupiers and committed treason. In the Soviet Union, suspected collaborators were tried as counterrevolutionaries in both the areas where crimes were committed and also those distant from regions of German or Romanian occupation. By examining tribunals in Kazakhstan and Uzbekistan in this article, I argue for the importance of identifying and prosecuting alleged collaborators to the Soviet postwar project – a project which was far from limited to areas in the western parts of the country and which remained intimately linked to prewar, Stalinist understandings of justice and revolution.


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.


Numen ◽  
2005 ◽  
Vol 52 (1) ◽  
pp. 116-145 ◽  
Author(s):  
Cristiano Grottanelli

AbstractMircea Eliade, the writer and historian of religions, and Ernst Jünger, the hero of the Great War, novelist, and essayist, met in the 1950s and co-edited twelve issues of the periodical Antaios. Before they met and cooperated, however, and while the German writer knew about Eliade from their common friend, Carl Schmitt, they both dealt with the subject of human sacrifice. Eliade began to do so in the thirties, and his interest in that theme was at least in part an aspect of his political activism on behalf of the Legion of the Archangel Michael, or the Iron Guard, the nationalistic and anti-Semitic movement lead by Corneliu Codreanu. Sacrificial ideology was a central aspect of the Legion's political theories, as well as of the practice of its members. After the Iron Guard was outlawed by its allies, and many of its members had been killed, and while the Romanian regime of Marshal Ion Antonescu was still fighting alongside the National Socialist regime in the Second World War, Eliade turned to other aspects of sacrificial ideology. In 1939 he wrote the play Iphigenia, celebrating Agamemnon's daughter as a willing victim whose death made the Greek conquest of Troy possible; and as a member of the regime's diplomatic service in Lisbon he published a book in Portuguese on Romanian virtues (1943), in which he presented what he called Two Myths of Romanian Spirituality, extolling his nation's readiness to die through the description of the sacrificial traditions of Master Manole and of the Ewe Lamb (Mioritza). Jünger's attitude to sacrifice ran along lines that were less traditional: possibly already while serving as a Wehrmacht officer, in his pamphlet Der Friede, the German writer attributed sacrificial status to all the victims of the Second World War, soldiers, workmen, and unknowing innocents, and saw their death as the ransom of a peace "without victory or defeat." In this article, the sacrificial ideologies of the two intellectuals are compared in order to reflect upon the complex interplay between traditional religious themes, more or less freely re-interpreted and transformed, political power, and violent conflict, in an age of warfare marked by fascisms and by the terrible massacre some refer to by the name of an ancient Greek sacrificial practice.


2018 ◽  
Vol 106 (1) ◽  
pp. 1-33
Author(s):  
Angelo Principe

This article examines the struggle between fascists and anti-fascists in the Order Sons of Italy of Ontario, a struggle that began with the keynote speech delivered at the order’s founding convention in 1924, and was followed by the election of a fascist as Grand Venerable ten years later, a legal confrontation between the Grand Consul of the Order and the Ontario Lodge of Toronto (that involved the entire membership and, eventually, the Supreme Court of Ontario) and anti-Semitic legislation in the homeland. Italy’s loss in the Second World War finally brought the order’s flirtation with fascism to an end in 1946.


2020 ◽  
Vol 3 (4) ◽  
pp. 267-286
Author(s):  
Ermin Kuka ◽  
◽  
Hamza Memišević ◽  

Main goal of Serbian ideology, policy, practice, starting from the late XVIII until the beginning of XIX century is creation of a clean, pure and ethnic Serbian country so called Great Serbia. In such country idealists also included the territory of Bosnia and Herzegovina. Meanwhile that is achievable only by committing heinous crimes including the Bosnian Genocide. Because of the Visegrads Geostrategic position the city is crucial for Serbian plans, aggressors and criminals tried by any means to form ethnically clean territory, not choosing the means or tools in the attempt of achieving that goal. Highest point of those crimes happened during the second world war 1941-1945, also in the time of aggression on Republic Bosnia and Herzegovina 1992-1995. Numerous mass and individual killings, extermination, enslavement, deportations and / or forcible transfer of the Bosniak population, imprisonment and other forms of deprivation of liberty committed in violation of basic rules of international law constitute a long and sad list of criminal and genocidal acts committed against Bosniaks in the Drina Valley, and in the name of the so-called project Great Serbia. In this cycle and history of chetnik misery and inhumanity, the culmination of human malice, evil blood and moral dishonor was against the Bosniaks of Eastern Bosnia. Thanks to the hard work of the community and people of the country this evil plan and evil intentions of Serbs ideologists did not come through. Yet they do not give up, furthermore they use new means and methods. In that contest targeting wider area of Visegrad, as a starting point for commencing Great Serbian goals and ideas. That gave birth to the idea that Visegrad is continuously in focus to the leaders and actors of the ideology of Great Serbia, therefore creation of ethnically clean Serbian areas. All this, for a consequence, had a permanent acts of numerous crimes against humanity and international human rights among Bosnians in wider area of Visegrad, from the period of World war 2 and in the time of aggression on Republic of Bosnia and Herzegovina. In this area number of heinous crimes were committed. One of the consequences of the horrific crimes committed against Bosniaks is a radical change in the ethnic structure of the population in the Visegrad area during the 1992-1995 aggression. In relation to the 1991 Census, when there were 13,471 Bosniaks, according to the 2013 census, 1,043 Bosniaks have registered residence in Visegrad. Still, the area wasn’t ethnically cleansed as in accordance to Serbian ideologists, so this shameful project that’s grounded on crime, continued by new means and methods. Analysis confirmed key marks of aggressive attempts of ideology and policy in creating ethnic clean Serbian territory within area of Visegrad. Research is focused and timely determined on three periods: First during the Second world war 1941-1945, Second, Aggression on Republic of Bosnia and Herzegovina, third period after signing of Dayton’s 1995. still this day. For the purpose of proving the general hypothesis of the research, the methods of analysis and synthesis, the hypothetical-deductive method and the comparative method will be used, and for the purposes of obtaining data, the method of analysis (content) of documents and the case study method. Serbian ideologist still tries to remove all Bosnians from the wider area of Visegrad and by doing so make that town the starting point for the next phases of ethical cleansing of non-Serbian population from walleyes of Drina Conclusion would be under any price secure at first economic conditions for survival of Bosnians on those areas, take a set of measures on economically strengthening Gorazde, as a center of gathering non-Serb population in the walleye of Drina.


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