{"title":"Nazi Atrocities, International Criminal Law, and Soviet War Crimes Trials","authors":"Franziska Exeler","doi":"10.1093/OSO/9780198829638.003.0011","DOIUrl":"https://doi.org/10.1093/OSO/9780198829638.003.0011","url":null,"abstract":"This chapter analyses the Soviet Union’s role in the global moment of post-Second World War justice. It examines the extent to which Moscow’s participation at the International Military Tribunal in Nuremberg, its war crimes trials of Axis soldiers, and its treason (or collaboration) trials of Soviet citizens were linked, but also when and why these different-level processes remained separate. Although the Soviet side made productive contributions to the history of international criminal law, its war crimes and treason trials continued to lack basic rule of law. In one crucial respect, though, the Soviet trials of Axis soldiers were distinct from Soviet prewar show trials. The difference lay in fabricated or imagined versus actual and visible acts, and in the extent to which almost everyone in occupied territory had suffered under the Germans. This, in turn, not only affected public perception of the trials, it also accounted for differences within illiberal justice.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121667594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Histories of the Jewish ‘Collaborator’: Exile, Not Guilt","authors":"M. Drumbl","doi":"10.1093/oso/9780198829638.003.0013","DOIUrl":"https://doi.org/10.1093/oso/9780198829638.003.0013","url":null,"abstract":"This chapter examines the courtroom as incubator of two sorts of histories in contested cases of Holocaust ‘collaboration’: the micro-history of what happened—who did what to whom and why?—and the macro-history of what to remember and celebrate (and collaterally what to banish and exile). This chapter takes up two judicial proceedings. First, the libel charges criminally brought by the State of Israel on behalf of Rudolf Kastnerin 1954-1955 against Malchiel Gruenwald, an independent journalist who had accused Kastner of ‘collaborating’ with the Nazis. Second, the trial of Julius Siegel which was held in Israel in 1953 under legislation the Knesset enacted to criminally charge suspected Jewish collaborators who had emigrated to Israel following the Holocaust. In both cases, trials and judgments were awkward, ornery, staccato, and gnarly. When it comes to micro-histories, formal criminal proceedings narrated a reductive story about collaboration that lacked finesse and suppleness. These very same formal trials were however somewhat effective in manufacturing the macrohistorical content of collective memory by elevating heroism and sacrifice while banishing compromise, negotiation, and survivalism.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115884650","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}