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Volumn , Issue , 2006, Pages 59-88

Transitional Justice in Divided Germany After 1945

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EID: 84927069379     PISSN: None     EISSN: None     Source Type: Book    
DOI: 10.1017/CBO9780511584343.005     Document Type: Chapter
Times cited : (27)

References (117)
  • 1
    • 84927102527 scopus 로고    scopus 로고
    • Other measures aimed at “reeducation” and administrative, educational, and governmental reforms. These aspects, important though they are for a full appreciation for the foundation of the Bundesrepublik, are beyond the scope of this chapter
    • Other measures aimed at “reeducation” and administrative, educational, and governmental reforms. These aspects, important though they are for a full appreciation for the foundation of the Bundesrepublik, are beyond the scope of this chapter.
  • 2
    • 84927058981 scopus 로고    scopus 로고
    • The story of the British-American deliberations has most recently been recounted by Bass, who also cites much of the earlier scholarship
    • The story of the British-American deliberations has most recently been recounted by Bass (2000: Chapter 5), who also cites much of the earlier scholarship.
    • (2000) , vol.5
  • 3
    • 84926983452 scopus 로고
    • his, August 7, Jackson recapitulated the case against summary execution and argued that a trial was the only legitimate course for the United States to pursue (Section III.1)
    • In his Report of Robert H. Jackson to the President (August 7, 1945), Jackson recapitulated the case against summary execution and argued that a trial was the only legitimate course for the United States to pursue (Section III.1).
    • (1945) Report of Robert H. Jackson to the President
  • 5
    • 84927102525 scopus 로고    scopus 로고
    • Section I.3
    • Section I.3.
  • 7
    • 84927016068 scopus 로고    scopus 로고
    • The representative of Germany industry was to be Alfried Krupp. The American prosecution staff mistakenly indicted the elderly, bedridden Gustav Krupp, who was declared unfit to stand trial
    • The representative of Germany industry was to be Alfried Krupp. The American prosecution staff mistakenly indicted the elderly, bedridden Gustav Krupp, who was declared unfit to stand trial.
  • 8
    • 84926972458 scopus 로고    scopus 로고
    • terms of the Nazi hierarchy Fritzsche and Julius Streicher (editor of Der Stuermer, a rabidly anti-Semitic publication) were far beneath the other defendants
    • In terms of the Nazi hierarchy Fritzsche and Julius Streicher (editor of Der Stuermer, a rabidly anti-Semitic publication) were far beneath the other defendants.
  • 9
    • 84926972457 scopus 로고    scopus 로고
    • The other reasons for this will be dealt with later. The organizations included the leadership echelon of the Nazi Party, the SS and SD, the Gestapo, the SA, the cabinet, and the general staff and high command
    • The other reasons for this will be dealt with later. The organizations included the leadership echelon of the Nazi Party, the SS and SD, the Gestapo, the SA, the cabinet, and the general staff and high command.
  • 10
    • 84927016067 scopus 로고
    • This tension was made even more painfully obvious in the IMTFE in Tokyo, when the Allies decided not to prosecute Emperor Hirohito because they believed he would be more useful as their puppet. The internal memoranda and high-level diplomatic correspondence of the British and American governments are brutally frank about this, making it obvious that they saw the trial as, in part, a political tool. Australia and other countries violently and repeatedly objected to the decision, and, contrary to widespread belief, the discussions about whether or not to indict Hirohito continued through 1946, subsided somewhat, and briefly flared again in
    • This tension was made even more painfully obvious in the IMTFE in Tokyo, when the Allies decided not to prosecute Emperor Hirohito because they believed he would be more useful as their puppet. The internal memoranda and high-level diplomatic correspondence of the British and American governments are brutally frank about this, making it obvious that they saw the trial as, in part, a political tool. Australia and other countries violently and repeatedly objected to the decision, and, contrary to widespread belief, the discussions about whether or not to indict Hirohito continued through 1946, subsided somewhat, and briefly flared again in 1948.
    • (1948)
  • 11
    • 84927016066 scopus 로고    scopus 로고
    • It is worth noting that the Articles of Surrender expressly provided that Germany and Japan would submit to the jurisdiction of Allied war crimes tribunals
    • It is worth noting that the Articles of Surrender expressly provided that Germany and Japan would submit to the jurisdiction of Allied war crimes tribunals.
  • 12
    • 84926972456 scopus 로고    scopus 로고
    • his Report to the President, Jackson makes the case for deterrence as a major goal of the IMT (III.5)
    • In his Report to the President, Jackson makes the case for deterrence as a major goal of the IMT (III.5).
  • 13
    • 84927058786 scopus 로고
    • Shklar
    • Shklar (1964: 168-70).
    • (1964) , pp. 168-170
  • 14
    • 84926972450 scopus 로고    scopus 로고
    • According to many participants and observers this made for an exceedingly dull and monotonous trial, as thousands of documents were introduced into evidence, but Jackson’s eyes were set on a wider audience
    • According to many participants and observers this made for an exceedingly dull and monotonous trial, as thousands of documents were introduced into evidence, but Jackson’s eyes were set on a wider audience.
  • 16
    • 84927058785 scopus 로고    scopus 로고
    • Teschke
    • Teschke (1999: 242).
    • (1999)
  • 17
    • 84927016056 scopus 로고    scopus 로고
    • Of these, 142 were convicted
    • Of these, 142 were convicted.
  • 18
    • 84926972449 scopus 로고    scopus 로고
    • The SS Main Office for Reich Security (RSHA) included the Gestapo, SD, and other security and police formations and was directly involved in the activities of the Einsatzgruppen, and in the administration of the deportation and extermination process. Its chief, Ernst Kaltenbrunner, had been hanged by the IMT. The SS Main Office for Economy and Administration (WVHA) was the purely administrative (finance, supply, construction, maintenance, audits, etc.) division of the SS and its far-flung activities. These included the concentration camps. The Medical Case charged the public health officials and concentration camp doctors who had planned and conducted the program of medical experiments at the camps. The SS Race and Settlement Main Office (RuSHA) was involved in Aryan racial programs
    • The SS Main Office for Reich Security (RSHA) included the Gestapo, SD, and other security and police formations and was directly involved in the activities of the Einsatzgruppen, and in the administration of the deportation and extermination process. Its chief, Ernst Kaltenbrunner, had been hanged by the IMT. The SS Main Office for Economy and Administration (WVHA) was the purely administrative (finance, supply, construction, maintenance, audits, etc.) division of the SS and its far-flung activities. These included the concentration camps. The Medical Case charged the public health officials and concentration camp doctors who had planned and conducted the program of medical experiments at the camps. The SS Race and Settlement Main Office (RuSHA) was involved in Aryan racial programs.
  • 19
    • 84927058784 scopus 로고
    • Final Report or Buscher
    • Final Report or Buscher (1989: 31).
    • (1989)
  • 20
    • 84927016055 scopus 로고
    • On the controversy, which resulted in a congressional investigation on account of allegations of torture and other irregularities in producing confessions, Weingartner
    • On the controversy, which resulted in a congressional investigation on account of allegations of torture and other irregularities in producing confessions, Weingartner (1979).
    • (1979)
  • 21
    • 84926959512 scopus 로고
    • For an overview of these cases, Siegel
    • For an overview of these cases, Siegel, Im Interesse der Gerechtigkeit (1992: 40-112).
    • (1992) Im Interesse Der Gerechtigkeit , pp. 40-112
  • 22
    • 84927016054 scopus 로고
    • For example, in the Hadamar Case. On these cases, Siegel, and Cohen (1999)
    • For example, in the Hadamar Case. On these cases Siegel (1992) and Cohen (1999).
    • (1992)
  • 23
    • 84927016053 scopus 로고    scopus 로고
    • A further irony is that on the whole the level of treatment of British and American POWs was very high (mortality rate of approximately 3.5 percent) compared with either the fate of Allied POWs in Japanese camps (approximately 30 percent mortality) or that of Russians in German hands (approximately 65 percent mortality)
    • A further irony is that on the whole the level of treatment of British and American POWs was very high (mortality rate of approximately 3.5 percent) compared with either the fate of Allied POWs in Japanese camps (approximately 30 percent mortality) or that of Russians in German hands (approximately 65 percent mortality).
  • 24
    • 84926972448 scopus 로고    scopus 로고
    • Teschke
    • Teschke (1999: 228).
    • (1999)
  • 25
    • 84927016052 scopus 로고    scopus 로고
    • The massacre at Oradour-Sur-Glane involved a relatively small number of victims (in comparison with extermination and slave labor camps, or with the activities of Einsatzgruppen and other death squads in the East), but came to symbolize Nazi iniquity for the French in much the same way that the Fosse Adreatine or Marzabotto did for Italy
    • The massacre at Oradour-Sur-Glane involved a relatively small number of victims (in comparison with extermination and slave labor camps, or with the activities of Einsatzgruppen and other death squads in the East), but came to symbolize Nazi iniquity for the French in much the same way that the Fosse Adreatine or Marzabotto did for Italy.
  • 26
    • 84927102519 scopus 로고    scopus 로고
    • The Russians also widely publicized the Khabarovsk Trial of Japanese involved in the Unit 731 bacteriological and chemical warfare experiments that murdered thousands of victims. Part of their motivation was to embarrass the Americans, who had prevented these perpetrators from being prosecuted before the Tokyo Tribunal (IMTFE)
    • The Russians also widely publicized the Khabarovsk Trial of Japanese involved in the Unit 731 bacteriological and chemical warfare experiments that murdered thousands of victims. Part of their motivation was to embarrass the Americans, who had prevented these perpetrators from being prosecuted before the Tokyo Tribunal (IMTFE).
  • 27
    • 84927016051 scopus 로고
    • Rueckerl
    • Rueckerl (1982: 100).
    • (1982)
  • 28
    • 84927102518 scopus 로고
    • comparison with the figure of more than 45,000 that is often cited, e.g., by Teschke, who also claims that more than 10,000 were executed, a recent search of Russian archives commissioned by the International Documentation Center for War Crimes Trials found the following statistics for war crimes trials in the USSR (not counting those in the SBZ): 16,572 Germans tried for war crimes, 12,807 convicted, 118 sentenced to death. Future research will have to clarify the discrepancy between these figures
    • In comparison with the figure of more than 45,000 that is often cited, e.g., by Teschke (1992: 242), who also claims that more than 10,000 were executed, a recent search of Russian archives commissioned by the International Documentation Center for War Crimes Trials found the following statistics for war crimes trials in the USSR (not counting those in the SBZ): 16,572 Germans tried for war crimes, 12,807 convicted, 118 sentenced to death. Future research will have to clarify the discrepancy between these figures.
    • (1992)
  • 29
    • 84927102517 scopus 로고
    • Friedman
    • Friedman (1947: 332).
    • (1947)
  • 30
    • 84926972447 scopus 로고
    • Recent studies of individual cities or areas have shown ways it could also vary considerably within zones. Important as this point is, my general assessment will necessarily have to forgo analysis at this level of detail. For examples of studies of individual cities or variation in zones Ettle (1985), Henke, Welsh (1989), Woller (1986)
    • Recent studies of individual cities or areas have shown ways it could also vary considerably within zones. Important as this point is, my general assessment will necessarily have to forgo analysis at this level of detail. For examples of studies of individual cities or variation in zones Ettle (1985), Henke (1981), Welsh (1989), Woller (1986).
    • (1981)
  • 31
    • 84927058783 scopus 로고
    • The Allies had captured the NSDAP membership list. In addition to the 6,542,261 members on May 1, 1945, there were members of other related organizations as well as those who had applied but whose membership had not yet been officially approved. General Lucius Clay later estimated that some 12 million or more Germans were identified with Nazi activities
    • The Allies had captured the NSDAP membership list. In addition to the 6,542,261 members on May 1, 1945, there were members of other related organizations as well as those who had applied but whose membership had not yet been officially approved. General Lucius Clay later estimated that some 12 million or more Germans were identified with Nazi activities (1950: 67).
    • (1950)
  • 33
    • 84926972446 scopus 로고
    • American intelligence teams arrested individuals on the basis of the categories developed, April
    • American intelligence teams arrested individuals on the basis of the categories developed in the SHAEF Arrest Categories Handbook (April 1945).
    • (1945) The SHAEF Arrest Categories Handbook
  • 34
    • 84927016050 scopus 로고
    • Kormann
    • Kormann (1952: 24).
    • (1952)
  • 35
    • 84927016049 scopus 로고    scopus 로고
    • Such individuals were sought on the basis of lists like the Central Registry ofWar Criminals and Security Suspects (CROWCASS) list circulated by the United NationsWar Crimes Commission
    • Such individuals were sought on the basis of lists like the Central Registry ofWar Criminals and Security Suspects (CROWCASS) list circulated by the United NationsWar Crimes Commission.
  • 36
    • 0041940877 scopus 로고
    • The text of Control Council Law No. 38, and of many of the other documents referred to here, is conveniently available in Rhum von Oppen
    • The text of Control Council Law No. 38, and of many of the other documents referred to here, is conveniently available in Rhum von Oppen, Documents on Germany under Occupation (1955).
    • (1955) Documents on Germany under Occupation
  • 37
    • 84927016048 scopus 로고    scopus 로고
    • Conditions in general in Germany were very bad at this time. Despite the undoubted suffering of many internees, the mortality rate was very low, less that 1 percent
    • Conditions in general in Germany were very bad at this time. Despite the undoubted suffering of many internees, the mortality rate was very low, less that 1 percent.
  • 38
    • 84926972445 scopus 로고    scopus 로고
    • Badstuebner
    • Badstuebner (1999: 234).
    • (1999)
  • 39
    • 84926972444 scopus 로고
    • Friedmann
    • Friedmann (1947: 332).
    • (1947)
  • 40
    • 84926972443 scopus 로고
    • Not all of those interned had been subject to the summary arrest procedures, but most were, Wember, Suspected war criminals were also interned, usually separately
    • Not all of those interned had been subject to the summary arrest procedures, but most were. Wember (1992: 7). Suspected war criminals were also interned, usually separately.
    • (1992)
  • 41
    • 84927058782 scopus 로고    scopus 로고
    • Niethammer
    • Niethammer (1999: 274-75).
    • (1999) , pp. 274-275
  • 42
    • 84927102515 scopus 로고
    • Vollnhals, points out that the Soviets also interned many persons not because they had been members of the Gestapo, SD, NSDAP leadership, and so on, but because they were potential opponents of Soviet occupation policies. In the West those interned could in principle include anyone who was regarded as a security risk or as a danger. Exactly how different these policies were in practice would require more careful study of their implementation
    • Vollnhals (1991: 54-55) points out that the Soviets also interned many persons not because they had been members of the Gestapo, SD, NSDAP leadership, and so on, but because they were potential opponents of Soviet occupation policies. In the West those interned could in principle include anyone who was regarded as a security risk or as a danger. Exactly how different these policies were in practice would require more careful study of their implementation.
    • (1991) , pp. 54-55
  • 43
    • 84927102514 scopus 로고
    • Vollnhals, notes that these Soviet numbers are much lower than West German estimates, but that the latter (estimating 160,000-260,000 interned) may well be inflated
    • Vollnhals (1991: 54-55) notes that these Soviet numbers are much lower than West German estimates, but that the latter (estimating 160,000-260,000 interned) may well be inflated.
    • (1991) , pp. 54-55
  • 44
    • 84927016046 scopus 로고    scopus 로고
    • Military Government Law No. 8 provided sweeping exclusions from employment other than ordinary labor for Nazi Party members
    • Military Government Law No. 8 provided sweeping exclusions from employment other than ordinary labor for Nazi Party members.
  • 45
    • 84927102512 scopus 로고
    • Peterson, According to some estimates approximately 100,000 went into hiding (Wember 1992: 27). Even though they were not interned, their being forced into hiding also effectively prevented their participation in public and political life
    • Peterson (1978: 146). According to some estimates approximately 100,000 went into hiding (Wember 1992: 27). Even though they were not interned, their being forced into hiding also effectively prevented their participation in public and political life.
    • (1978)
  • 46
    • 84927102508 scopus 로고    scopus 로고
    • Article II, 1(d) and 3(a-f)
    • Article II, 1(d) and 3(a-f).
  • 47
    • 84926972441 scopus 로고    scopus 로고
    • This account is drawn from the excellent study byWember, Umerziehung im Lager. The statistics are found on
    • This account is drawn from the excellent study byWember, Umerziehung im Lager. The statistics are found on 318-43.
  • 48
    • 84927058781 scopus 로고
    • These official figures are given by Friedmann
    • These official figures are given by Friedmann (1947: 332).
    • (1947)
  • 50
    • 84927058780 scopus 로고
    • Kormann
    • Kormann (1952: 44-46).
    • (1952) , pp. 44-46
  • 51
    • 84926972439 scopus 로고
    • Fuerstenau, Clay gives the number as 1.65 million (1950: 69)
    • Fuerstenau (1969: 38). Clay gives the number as 1.65 million (1950: 69).
    • (1969)
  • 52
    • 84926972438 scopus 로고
    • As tacitly acknowledged even by Clay, In 1946 57 percent of Germans polled expressed satisfaction with denazification, in 1948 32 percent, in 1949 17 percent (Peterson 1978: 153)
    • As tacitly acknowledged even by Clay (1950: 70-71). In 1946 57 percent of Germans polled expressed satisfaction with denazification, in 1948 32 percent, in 1949 17 percent (Peterson 1978: 153).
    • (1950) , pp. 70-71
  • 53
    • 84927058779 scopus 로고
    • Zink, Zink notes that many thousands of officials would have had to be trained to carry out this program adequately
    • Zink (1957: 159). Zink notes that many thousands of officials would have had to be trained to carry out this program adequately.
    • (1957)
  • 54
    • 84927102506 scopus 로고
    • Friedmann
    • Friedmann (1947: 114).
    • (1947)
  • 55
    • 84927102505 scopus 로고
    • Zink
    • Zink (1957: 162).
    • (1957)
  • 56
    • 84927016039 scopus 로고
    • “The press was filled with reports of denazification ‘atrocities.’ A day did not pass when an incident involving a too lenient sentence, or a denazified SS assaulting a former concentration camp inmate, was not recorded. The American newspapers were eager dispatchers of these tidings” (Kormann
    • “The press was filled with reports of denazification ‘atrocities.’ A day did not pass when an incident involving a too lenient sentence, or a denazified SS assaulting a former concentration camp inmate, was not recorded. The American newspapers were eager dispatchers of these tidings” (Kormann 1952: 126).
    • (1952)
  • 57
    • 84927016038 scopus 로고
    • On the various amnesties (the first, announced on July 8, 1946, excluded those born before January 1
    • On the various amnesties (the first, announced on July 8, 1946, excluded those born before January 1, 1919)
    • (1919)
  • 58
    • 84927102502 scopus 로고
    • Kormann
    • Kormann (1952: Chapter 7).
    • (1952) , vol.7
  • 59
    • 84927016037 scopus 로고
    • Clay
    • Clay (1950: 260).
    • (1950)
  • 60
    • 84927102501 scopus 로고
    • Hilberg, gives slightly different numbers
    • Hilberg (1985: 1085) gives slightly different numbers.
    • (1985)
  • 61
    • 84927016035 scopus 로고
    • Hilberg, summarizes the American Zone results as of mid-1949 statistically: Registrants (Fragebogen) 13,199,800 Charged 3,445,100 Amnestied without trial 2,480,700 Fines 569,600 Employment restrictions 124,400 Ineligibility for public office 23,100 Property confiscation 25,900 Special labor without imprisonment 30,500 Assignments to labor camps 9,600 Assignees still serving sentence 300 As he dryly notes, “In a sense, the most significant figure in this tabulation is the last one.”
    • Hilberg (1985: 1085) summarizes the American Zone results as of mid-1949 statistically: Registrants (Fragebogen) 13,199,800 Charged 3,445,100 Amnestied without trial 2,480,700 Fines 569,600 Employment restrictions 124,400 Ineligibility for public office 23,100 Property confiscation 25,900 Special labor without imprisonment 30,500 Assignments to labor camps 9,600 Assignees still serving sentence 300 As he dryly notes, “In a sense, the most significant figure in this tabulation is the last one.”
    • (1985)
  • 62
    • 84927102500 scopus 로고
    • Zink
    • Zink (1957: 164).
    • (1957)
  • 63
    • 84927016034 scopus 로고    scopus 로고
    • Badstuebner
    • Badstuebner (1999: 246).
    • (1999)
  • 65
    • 84927058774 scopus 로고
    • Kogon
    • Kogon (1947).
    • (1947)
  • 67
    • 84927016033 scopus 로고
    • Vollnhals
    • Vollnhals (1991: 24).
    • (1991)
  • 68
    • 84927016032 scopus 로고    scopus 로고
    • the economic sphere, they also first applied a policy of compulsory removal to employees in the public and private sector who fell into certain categories of status or affiliation in Nazi organizations. As in the American Zone this led to significant economic and administrative problems. In the second phase, under the framework of Control Council Directive No. 24, they concentrated their efforts primarily on civil servants and only selectively on employees in the private sector
    • In the economic sphere, they also first applied a policy of compulsory removal to employees in the public and private sector who fell into certain categories of status or affiliation in Nazi organizations. As in the American Zone this led to significant economic and administrative problems. In the second phase, under the framework of Control Council Directive No. 24, they concentrated their efforts primarily on civil servants and only selectively on employees in the private sector.
  • 69
    • 84927016031 scopus 로고
    • Zink
    • Zink (1957: 167).
    • (1957)
  • 70
    • 84927016030 scopus 로고
    • Vollnhals
    • Vollnhals (1991: 28).
    • (1991)
  • 71
    • 84927016029 scopus 로고
    • Fuerstenau
    • Fuerstenau (1969: 104-6).
    • (1969) , pp. 104-106
  • 72
    • 84927102495 scopus 로고    scopus 로고
    • Fuerstenau
    • Fuerstenau 106.
  • 73
    • 84927102494 scopus 로고    scopus 로고
    • Thus, those convicted of membership in a criminal organization were, upon release from internment, subject to the regular denazification review and classification as a lesser offender, follower, or nonoffender
    • Thus, those convicted of membership in a criminal organization were, upon release from internment, subject to the regular denazification review and classification as a lesser offender, follower, or nonoffender.
  • 74
    • 84927058772 scopus 로고
    • Under the German program some 2,041,000 individuals were reviewed, of whom 27,177 were classified as lesser offenders, 222,028 as followers (Vollnhals
    • Under the German program some 2,041,000 individuals were reviewed, of whom 27,177 were classified as lesser offenders, 222,028 as followers (Vollnhals 1991: 32-33).
    • (1991) , pp. 32-33
  • 75
    • 84927058771 scopus 로고
    • Vollnhals
    • Vollnhals (1991: 35-37)
    • (1991) , pp. 35-37
  • 76
    • 84927058769 scopus 로고
    • Fuerstenau
    • Fuerstenau (1969: 134-35)
    • (1969) , pp. 134-135
  • 77
    • 84926972431 scopus 로고
    • Henke
    • Henke (1981: 8-19).
    • (1981) , pp. 8-19
  • 78
    • 84927016025 scopus 로고
    • Henke
    • Henke (1981: 18).
    • (1981)
  • 79
    • 84927058768 scopus 로고
    • Vollnhals
    • Vollnhals (1991: 35-36).
    • (1991) , pp. 35-36
  • 80
    • 84926972430 scopus 로고
    • Vollnhals
    • Vollnhals (1991: 38).
    • (1991)
  • 81
    • 84927016024 scopus 로고
    • The account in this paragraph is based on Henke, and Vollnhals (1991
    • The account in this paragraph is based on Henke (1981) and Vollnhals (1991: 34-42).
    • (1981) , pp. 34-42
  • 82
    • 84926972429 scopus 로고
    • Fuerstenau
    • Fuerstenau (1969: 134-47).
    • (1969) , pp. 134-147
  • 83
    • 84927102489 scopus 로고
    • Vollnhals
    • Vollnhals (1991: 42).
    • (1991)
  • 84
    • 84927058766 scopus 로고
    • So Vollnhals, who says that the program was “ein Instrument zur stukturellen Umwaelzung der Gesellschaft”
    • So Vollnhals, who says that the program was “ein Instrument zur stukturellen Umwaelzung der Gesellschaft” (1991: 43).
    • (1991)
  • 85
    • 84926972427 scopus 로고
    • Vollnhals
    • Vollnhals (1991: 43).
    • (1991)
  • 86
    • 84926972425 scopus 로고    scopus 로고
    • Bagstuebner
    • Bagstuebner (1999: 251).
    • (1999)
  • 87
    • 84927016022 scopus 로고
    • Vollnhals, 390,478 in the SBZ, 337,000 in the AZ
    • Vollnhals (1991: 48): 390,478 in the SBZ, 337,000 in the AZ.
    • (1991)
  • 88
    • 84927102487 scopus 로고    scopus 로고
    • Badstuebner
    • Badstuebner (1999: 252).
    • (1999)
  • 89
    • 84927058762 scopus 로고    scopus 로고
    • Badstuebner, for statistics on the low percentage of former NSDAP members in higher civil service and public offices
    • Badstuebner (1999: 253) for statistics on the low percentage of former NSDAP members in higher civil service and public offices.
    • (1999)
  • 90
    • 84927102486 scopus 로고
    • Vollnhals, my translation
    • Vollnhals (1991: 53), my translation.
    • (1991)
  • 91
    • 84927102485 scopus 로고    scopus 로고
    • Badstuebner
    • Badstuebner (1999: 257).
    • (1999)
  • 92
    • 84927016021 scopus 로고
    • Friedmann
    • Friedmann (1947: 125)
    • (1947)
  • 93
    • 84926972423 scopus 로고
    • Zink
    • Zink (1957: 164).
    • (1957)
  • 94
    • 84927016020 scopus 로고
    • Rueckerl
    • Rueckerl (1980: 39).
    • (1980)
  • 95
    • 84927016019 scopus 로고    scopus 로고
    • De Mildt (1996: 20).
    • (1996)
    • De, M.1
  • 96
    • 84927058757 scopus 로고    scopus 로고
    • On the few prosecutions that did occur
    • On the few prosecutions that did occur
  • 97
    • 84927102482 scopus 로고
    • Rueckerl
    • Rueckerl (1982: 121-23).
    • (1982) , pp. 121-123
  • 98
    • 84927016017 scopus 로고    scopus 로고
    • De Mildt (1996: 22)
    • (1996)
    • De, M.1
  • 99
    • 84926972421 scopus 로고    scopus 로고
    • Rueter and De Mildt
    • Rueter and De Mildt (1997: x-xi).
    • (1997) , pp. xix-xi
  • 100
    • 84926972420 scopus 로고
    • Rueckerl
    • Rueckerl (1980: 44-45).
    • (1980) , pp. 44-45
  • 101
    • 84927016016 scopus 로고
    • Friederich
    • Friederich (1983)
    • (1983)
  • 102
    • 84927058755 scopus 로고    scopus 로고
    • Stolleis
    • Stolleis (1998: Chapters 11 and 12)
    • (1998) , vol.11-12
  • 103
    • 84927102481 scopus 로고
    • Mueller
    • Mueller (1991).
    • (1991)
  • 104
    • 84927058124 scopus 로고
    • Mueller
    • Mueller (1991), 45-46.
    • (1991) , pp. 45-46
  • 105
    • 84926971590 scopus 로고
    • Mueller
    • Mueller (1991), 46.
    • (1991)
  • 107
    • 84926971588 scopus 로고    scopus 로고
    • Grabitz, for a brief overview of the difficulties
    • Grabitz (1998: 157-60) for a brief overview of the difficulties.
    • (1998) , pp. 157-160
  • 108
    • 84926971587 scopus 로고    scopus 로고
    • On the difficulties of prosecuting the Schreibtischtaeter under German criminal law see the excellent analysis of
    • On the difficulties of prosecuting the Schreibtischtaeter under German criminal law see the excellent analysis of De Mildt (1996: 33-35).
    • (1996) , pp. 33-35
    • De, M.1
  • 109
    • 84927101653 scopus 로고    scopus 로고
    • The quotation he cites from Martin Broszat may serve as an example of the sentiment that the historical truth uncovered by the investigations “‘was perhaps of greater importance than the individual punishments the courts did not impose’”
    • De Mildt (1996: 39-40). The quotation he cites from Martin Broszat may serve as an example of the sentiment that the historical truth uncovered by the investigations “‘was perhaps of greater importance than the individual punishments the courts did not impose’” (40).
    • (1996) , pp. 39-40
    • De, M.1
  • 110
    • 84926971586 scopus 로고    scopus 로고
    • Grabitz
    • Grabitz (1998: 160).
    • (1998)
  • 111
    • 84927015424 scopus 로고
    • the period, 89734 persons were convicted (Grabitz 1998
    • In the period 1951-89, 734 persons were convicted (Grabitz 1998: 164).
    • (1951)
  • 112
    • 84927069709 scopus 로고
    • Taylor, February 24
    • Taylor, The Nation, February 24, 1951.
    • (1951) The Nation
  • 113
    • 84926971585 scopus 로고
    • Buscher
    • Buscher (1989: 174).
    • (1989)
  • 114
    • 84927058119 scopus 로고
    • Buscher, For the more critical view of Allied motives Bower
    • Buscher (1989: Chapters 2-3). For the more critical view of Allied motives Bower (1995).
    • (1989) , vol.2-3
  • 115
    • 84927015422 scopus 로고
    • Buscher
    • Buscher (1989: 70-72).
    • (1989) , pp. 70-72
  • 116
    • 84927101652 scopus 로고
    • Friederich
    • Friederich (1985).
    • (1985)
  • 117
    • 84927058112 scopus 로고
    • Vollnhals
    • Vollnhals (1991: 62).
    • (1991)


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