A. Dirk Moses
A long tradition of scholarship has posited colonialism and ‘racial imperialism’ as an enabler of the genocide against European Jewry, though often in imprecise ways. In response, critics of this view have insisted that antisemitism and World War I were the salient enablers, and Germany's colonial experience was too ephemeral to have had serious causal importance. This article changes the terms of debate by presenting the murderous National Socialist program as a colonial and imperial project executed in Europe to compensate for the loss of Germany's empire abroad and in central Europe in 1919. It argues that the style of occupation and warfare Germany conducted in realizing this project was colonial in nature and inspiration, and the Holocaust of European Jewry can be understood in terms of colonial logics as well. At least in part, the Holocaust was, for the Nazis, the attempt of an indigenous people — the Germans — to cast off the perceived exploitative rule of a foreign people: Jews.
David H. Jones
This article assesses the aftereffects of the Holocaust on human rights law. Addressing the so-called ‘promise of Nuremberg’, which began in 1945 with the Charter of the International Military Tribunal, it argues that the Charter, partly as a response to the evil of the Holocaust, broke dramatically with traditional international law by mandating ‘individual responsibility’ for crimes against peace, war crimes, and crimes against humanity committed by the leaders of the Axis Powers. The Nuremberg Principles were codified into international law by the United Nations General Assembly in 1946; the Universal Declaration of Human Rights and the Convention on the Prevention and Punishment of Genocide followed in 1948. However, the promise of Nuremberg remains largely unfulfilled. None of these post-World War II documents included mechanisms for executive or judicial enforcement, the UN Security Council was stymied by the power of the veto held by its permanent members, and the UN became a community of bystander states that has allowed numerous genocides and mass killings to occur. Among the possibilities for making the world safer for human rights are reform of the Security Council, creation of an international Rapid Response Force, the spread of democracy, and a reduction of poverty in the underdeveloped world.
Laurie L. Levenson
This chapter explores Jewish criminal justice, first discussing the rationales that make punishment moral and not just an exercise of sovereign power. It then addresses capital punishment, decreed for thirty-six different offenses in the Torah but made virtually inoperative by the Rabbis. Next, the chapter turns to what makes a defendant criminally liable, describing the conceptions of causation, joint offenders, criminal intent, and defences in Jewish law; with that as a foundation, it asks whether there is anything like a victimless crime in Jewish law. Finally, it describes the lessons that Western criminal justice can learn from both the content and the processes of Jewish criminal law.
Eric D. Weitz
National Socialism sought a radical restructuring of the European population. The drive to assert German domination over the continent entailed not only territorial conquest and political dictatorship but also demographic engineering, in which the annihilation of the Jews was the core aspiration. This article shows that a program of this sort was one possible outcome of nationalism, since that idea and race thinking are closely linked. Both forms of understanding human diversity and defining community developed from the 15th and especially the 18th century onward in the western world. National Socialism provided particularly intertwined and vicious definitions of nation and race that reveal in stark terms how nationalism, which always carries an exclusionary component, was a necessary enabling condition for the Holocaust.