Description
Book SynopsisIn Indirect Perpetrators Andrew Szanajda examines the administration of correctional and transitional justice in postwar Germany from 1945 to 1955. He is specifically concerned with the prosecution of those who had denounced others to the authorities during the National Socialist era. The first part of this work looks at the reasons behind the decision to prosecute informers with perpetrating a crime against humanity and the philosophical, legal, and practical problems associated with the administration of justice retroactively in the German courts through legislation specifically enacted for this purpose under the auspices of the Allied occupation powers and subsequent legislation enacted by the German authorities. The second part of the book examines the implementation of this law and the prosecution of informers in the American, French, and British occupation zones and then later in the Federal Republic of Germany, drawing on court proceedings and the judgments that were handed down
Trade ReviewThis volume opens the door to the judicial sequels of one of the nastiest facets of National Socialist rule in Europe?denunciations by Gestapo informers and large numbers of ordinary German citizens. Ten thousands fell victim to such denunciations of private contacts with Jews (Rassenschande) or listening to foreign radio programs (Radioverbrechen). In his thorough analysis, Andrew Szanajda focuses the difficulties and results of postwar justice to come to terms with this dark side of the German Volksgemeinschaft - one of the key problems in dealing with the Nazi past. Based on hundreds of cases from the Western occupation zones and the Early Federal Republic of Germany, he convincingly shows the struggles about a proper political and juridical way to balance between the principle of nulla poena sine lege and the deep need for punishment on the basis of natural law and a sense of justice. Indirect perpetrators is a basic study for everyone who is concerned about the problems of transitional justice in postdictatorial and postwar societies. -- Jens Gieseke, Center for Contemporary History, Potsdam, Germany
This volume opens the door to the judicial sequels of one of the nastiest facets of National Socialist rule in Europe—denunciations by Gestapo informers and large numbers of ordinary German citizens. Ten thousands fell victim to such denunciations of private contacts with Jews ("Rassenschande") or listening to foreign radio programs ("Radioverbrechen"). In his thorough analysis, Andrew Szanajda focuses the difficulties and results of postwar justice to come to terms with this dark side of the German "Volksgemeinschaft" - one of the key problems in dealing with the Nazi past. Based on hundreds of cases from the Western occupation zones and the Early Federal Republic of Germany, he convincingly shows the struggles about a proper political and juridical way to balance between the principle of "nulla poena sine lege" and the deep need for punishment on the basis of natural law and a sense of justice. Indirect perpetrators is a basic study for everyone who is concerned about the problems of transitional justice in postdictatorial and postwar societies. -- Jens Gieseke, Center for Contemporary History, Potsdam, Germany
[Szanajda] has done an impressive job of mining the archives in Germany relating to this subject. He has an intimate familiarity with the literature on the subject, which is as obvious as it is thorough…. Szanajda provides a good basic framework for understanding the complex legal issues involved in the application of retroactive justice against informers in West Germany…. Worthwhile reading. * German Studies Review *
Table of ContentsChapter 1. Theoretical Considerations Chapter 2. The American Occupation Zone: Theory and Compromise Chapter 3. The French Occupation Zone. Legislation and Practice Chapter 4. The British Occupation Zone: Legislation and Practice Chapter 5. Prosecution of Denunciation Cases in the Federal Republic of Germany
