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Holocaust and Genocide Studies 1988 3(2):209-222; doi:10.1093/hgs/3.2.209
© 1988 by United States Holocaust Memorial Museum
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PROBLEMS OF NAZI TRIALS IN THE FEDERAL REPUBLIC OF GERMANY

HELGE GRABITZ

Hamburg

Nazi trials in West Germany face many critics and legal problems. Among the critics are older Germans, who wish to hush up events for which they have guilty consciences, and many Jewish witnesses, who question the authorities sincerity in the trials. ‘Normal’ criminal law and criminal procedure are inadequate to prosecute the state-ordered murder of an entire people. Moreover, overwhelming historical evidence of a crime is not necessarily sufficient legal proof. Among the legal problems are defining murder versus manslaughter (which has a statute of limitations), perpetration versus participation, and the parameters of ‘cruelty’ and ‘treachery’ in connection to these crimes. Still. the trials must be pursued in order to answer the questions of the younger generation and provide them with the facts they need to confront the denial of the Holocaust, which aims at reviving Nazism.


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