Published online by Cambridge University Press: 11 September 2020
In western Germany, a major controversy developed over the British and French policy of requiring German courts to prosecute Nazi crimes against humanity. German critics argued that this violated the violation on ex post facto law making. This, they said, made such trials unjust and similar to the courts of the Third Reich, which had also used ex post facto laws. The British and their German supporters argued that Nazi crimes could only adequately be punished as crimes against humanity, since many Nazi misdeeds had not been criminal under the laws of the Third Reich (e.g. the denunciation of individuals to the Gestapo). The American decision not to grant German courts jurisdiction over crimes against humanity came in large part out of a desire to avoid a similar controversy in their own occupation zone. Many of those critical of prosecuting Nazi atrocities as crimes against humanity wanted to help Nazi criminals and make it harder to prosecute Nazi crimes. Yet, because they made their arguments in the language of liberal legalism and the principles of legality, these critics helped to deradicalize the German legal profession, which had previously been deeply anti-liberal and anti-democratic.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.