Kirjahaku

The Frankfurt Auschwitz trial was the largest, most public, and most important trial of Holocaust perpetrators conducted in West German courts. Drawing on a wide range of archival sources, Devin O. Pendas provides a comprehensive history of this momentous event. Situating the trial in a thorough analysis of West German criminal law, this book argues that in confronting systematic, state-sponsored genocide, the Frankfurt court ran up against the limits of law. Because many of the key categories of German criminal law were defined with direct reference to the specific motives of the defendants, the trial was unable to adequately grasp the deep social roots and systematic character of Nazi genocide. Much of the trial's significance came from the vast public attention it captured, and this book provides a compelling account of the divided response to the trial among the West German public.

Post-war Germany has been seen as a model of 'transitional justice' in action, where the prosecution of Nazis, most prominently in the Nuremberg Trials, helped promote a transition to democracy. However, this view forgets that Nazis were also prosecuted in what became East Germany, and the story in West Germany is more complicated than has been assumed. Revising received understanding of how transitional justice works, Devin O. Pendas examines Nazi trials between 1945 and 1950 to challenge assumptions about the political outcomes of prosecuting mass atrocities. In East Germany, where there were more trials and stricter sentences, and where they grasped a broad German complicity in Nazi crimes, the trials also helped to consolidate the emerging Stalinist dictatorship by legitimating a new police state. Meanwhile, opponents of Nazi prosecutions in West Germany embraced the language of fairness and due process, which helped de-radicalise the West German judiciary and promote democracy.