Holocaust, Genocide, and the Law

Michael Bazyler is Professor of Law and The 1939 Society Scholar in Holocaust and Human Rights Studies at the Fowler School of Law, Chapman University. He is the author of Holocaust Justice: The Battle for Restitution in America's Courts (2003), Holocaust Restitution: Perspective on the Litigation and its Legacy (co-authored with Roger Alford, 2006), Forgotten Trials of the Holocaust (co-authored with Frank Tuerkheimer, 2014), and numerous articles on international human rights law. He has testified before Congress and his writings have been cited by the United States Supreme Court.

• Introduction PART I: THE LEGAL HISTORY OF THE HOLOCAUST AND GENOCIDE Chapter 1 The Holocaust: A Legal History A. Nazi Germany as a Law-Based StateB. The Nazis Come to Power Through Law C. Legal Measures Against Jews in the ReichD. War, Occupation and Ghettoization in Occupied EuropeE. Extermination: The Legal Holocaust F. Aftermath Chapter 2 Naming the Crime: Genocide A. The Historical Background of the Term Genocide B. The Genocide Convention 1. Legislative History2. Definition of Genocide 3. Actus Reus of Genocide - The Prohibited Acts4. Mens Rea of Genocide: With Intent to Destroy, In Whole or in Part5. Genocide-Related Crimes: Conspiracy, Incitement, Attempt and Complicity6. Proving Genocide7. Punishment C. Use and Misuse of Genocide Terminology 1. Using and Misusing the G-word: Why Words Matter2. When Is It Proper to Characterize A Historical Event as a Genocide? Part II: Legal Reckoning with the Crimes of THE HOLOCAUST Chapter 3 Prosecution of Nazi War Criminals at Nuremberg A. The International Military Tribunal at Nuremberg1. The Rocky Road at Nuremberg2. The Trial3. Major Criticisms of the IMT4. The Holocaust at NurembergB. The Later Nuremberg Proceedings1. The Twelve NMT Trials2. Noel, Noel, what the hell3. Legacy of the NMTChapter 4 National Prosecutions of Nazi War Criminals A. Prosecutions in Germany1. The Ulm Einsatzgruppen Trial2. The Frankfurt Auschwitz Trial B. The Trial of Adolf Eichmann in Israel 1. Eichmann Before Jerusalem - The Nazi EraEichmann's Escape and Capture2. Eichmann in Jerusalem -The Trial 3. Legacies of Trial C. Hunting for Nazis in AmericaD. RetrospectiveChapter 5 Civil Litigation for the Financial Crimes of the Holocaust A. Stealing From the JewsB. Returning What Was Stolen 1. Restitution by the Allies in Occupied Germany2. German Reparations to Israel and Survivors 3. Holocaust Restitution in the 1990's - A Measure of Justice Fifty Years Later4. Holocaust Restitution in the 21st Century: The French Railroad SettlementC. Why Didn't the Holocaust Restitution Model Work for Other Historical Atrocities?1. Herero Genocide Litigation2. Litigation Against Japanese Industry Arising Out of the Second World War3. South African Apartheid Litigation4. African-American Reparations Litigation5. Armenian Genocide Era Litigation6. Shutting the Door on Universal Jurisdiction: The 2013 Kiobel Supreme Court DecisionChapter 6 Holocaust Denial and the Law A. What is Holocaust Denial?B. Criminalizing Speech: Holocaust and Genocide Denial Laws in EuropeC. Should Holocaust Denial Be a Crime?D. The Future of Denial Laws Chapter 7 The Impact of the Holocaust on Post-Holocaust Legal Philosophy A. Carl Schmitt and the State of Exception B. Karl Loewenstein and Germany's Militant DemocracyC. Gustav Radbruch and the Hart-Fuller Debate: What is "Law"? D. The State of Exception After 9/11Part III: The Holocaust As A Catalyst For MODERN International Criminal Justice Chapter 8 Nuremberg's Legacy: The UN Tribunals for Yugoslavia and Rwanda and the International Criminal Court A. Building a Better NurembergB. Creating the Case Law of Genocide1. Joint Criminal Enterprise and Genocide 2. Public Incitement to Commit Genocide 3. Command Responsibility and GenocideC. Criticisms of the ICTs Slow startD. Nuremberg and the International Criminal Court Chapter 9 Prosecuting Genocide International Prosecutions1.ICTR Prosecutions2.ICTY Prosecutions 3.ICC ProsecutionsB. Domestic Prosecutions1.Nikola Jorgi?: The First Person Convicted of Genocide?2.Rwandan Genocidaires Conclusion: Can Genocide Be Prevented? Index

While the book dispenses with some scholarly conventions, it also marks the first time that an expert in any field has attempted such an enormous project. For this Bazyler deserves our applause. ... Newcomers and non-specialists will benefit from Bazyler's summaries, and his book offers an excellent resource for engaging students in the issues.