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Justice in Lyon: Klaus Barbie and France's first trial for crimes against humanity. By Richard J. Golsan. Toronto: University of Toronto Press, 2022. 330 pp. $39.95 paperback

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Justice in Lyon: Klaus Barbie and France's first trial for crimes against humanity. By Richard J. Golsan. Toronto: University of Toronto Press, 2022. 330 pp. $39.95 paperback

Published online by Cambridge University Press:  01 January 2024

Katelyn Arac*
Affiliation:
Post-doctoral researcher in the Office of the Associate Vice President Equity, Diversity, and Inclusion, Wilfrid Laurier University, Waterloo, Ontario, Canada
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Abstract

Type
Book Review
Copyright
Copyright © 2023 Law and Society Association.

In 1987, 74-year-old Klaus Barbie stood before an Assize Court in Lyon, France and pled ‘not guilty’ to charges of crimes against humanity. The trial of the former SS lieutenant and Gestapo chief was France's first trial for crimes against humanity and attracted international attention. Various works about Barbie have been published, from monographs to documentaries and movies. However, these works tend to focus on Barbie the man, his deeds during the Second World War, his devotion to Nazism, his postwar work for American intelligence, and his later life in South America. Golsan's Justice in Lyon is the first comprehensive book on the trial itself and its impact on French society. With this focus, Golsan is able to analyze the judicial practices and procedures of the trial, provide insight into the various actors who took part in the event, and show how the trial was impactful in refining the definition of crimes against humanity. Golsan grapples with the legal complexities of the trial by discussing how the French court and various interested parties interpreted crimes against humanity, which was incorporated into French law in 1964, the crimes it encompassed, and who should be classified as victims under the specifics of this legislation. Golsan notes the complexity of the trial from its outset, due to the large contingent of civil party lawyers each presenting their own, often competing, historical narratives based on their clients' experiences. He also deftly communicates how these competing narratives were presented in the court proceedings and provides a compelling examination of the various subtleties and complexities present throughout the trial. Justice in Lyon is an important addition to the field of Holocaust studies and our understanding of law and society.

Golsan builds his argument across several chapters that each focus on a different element of the trial. Justice in Lyon begins with a detailed discussion of the controversy marking the trial. For example, it was seen as a political trial by some with ideas about victor's justice. The monetary cost of the trial was also critiqued. Reviewing the controversy, Golsan positions the trial as important to advancing understandings of the definition of crimes against humanity. Golsan shows how the trial served justice, arguing that Barbie was prosecuted fairly and that his defense was given every latitude—too much latitude according to some critics. In each of his chapters, Golsan focuses on an aspect of the trial. The first chapter, “Klaus Barbie: Nazi ‘Idealist’” challenges the simplicity of thinking about Nazis as psychological deviants. In the trial, three different psychiatric professionals assessed Barbie. Golsan provides an overview of their assessments and contextualizes Barbie's adherence to Nazi ideology. In the second chapter, Golsan provides the judicial backdrop for the trial. This is one of the most powerful chapters of Justice in Lyon. Golsan examines the earlier trials and places them in context with the Barbie trial. In delineating these trials in context of one another, Golsan builds an argument about the invocation of memory and rhetoric that shows why these trials are so important in history more broadly. He continues this argument by showing how factors in the trial, such as witness testimony and timing, can influence why some trials, such as those against Eichmann and Barbie, become a part of historical consciousness, while others, did not. From his third to seventh chapters, Golsan focuses on specifics of the trial, the investigation, the beginning of the trial, the witnesses, the arguments of the civil parties and the prosecution, and finally the arguments of the defense. Throughout these chapters, Golsan blends his discussion of law and legal procedure with public perception about the trial and its proceedings. A significant moment in the trial was attorney Serge Klarsfeld's closing argument, in which he represented the children of Izieu. Klarsfeld reminded the court of the name, age, and some details of each child of Izieu and closed each statement with “never came back.” This moment, Golsan argued, was a blow to the court and showcased the totality of Barbie's criminality, ideology, and his choices.

Golsan shows how the Barbie trial connects to the 1994 trial of Paul Touvier and the 1997–1998 trial of Maurice Papon and to later discussions of justice and colonialism that are still ongoing. By demonstrating how justice has evolved and also how much these trials have in common, Golsan shows how the 1987 trial of Klaus Barbie is part of a judicial legacy that spans from the Nuremberg trials to the present, making a compelling argument about how the trial was a success for justice.

In reading Justice in Lyon, Golsan's ability to balance the various moments of disagreement present in the trial and represent the proceedings of a lengthy trial in a concise and impactful way is striking. Both in his reflection on the prosecution and the civil parties' arguments, which presented evidence of Barbie's crimes, and in his discussion of the defense's strategy to argue a “trial of rupture” and focus political confrontation, Golsan provides a balanced account of the arguments presented in court. The defense council, Jacques Vergès, challenged the court by making reference to colonial crimes, which often angered those in attendance. Pierre Truche, the head prosecutor, argued against Vergès ‘trial by rupture’ by focusing on Klaus Barbie and on his individual guilt. Golsan offers a compelling summary of the longevity of these closing arguments and explained how each argument's vision for the future would prove correct. Both Truche and Vergès were clear about what the trial needed to accomplish or set in motion for the future. Truche hoped that this trial and others like it would be understood as “works in progress” and that the law and understandings of crimes against humanity would continue to be refined. For Vergès, future trials needed to be about the present and future, to engage with the crimes of colonialism, and not only focus on the past. For Golsan, both aspirations were right. The power of Justice in Lyon is Golsan's ability to present the important moments of the trial and to show how trials, such as that of Barbie in a Lyon courtroom, are part of a legacy of justice, where law and historical understanding continue to develop and progress.