Daviborshch's Cart: Narrating the Holocaust in Australian War Crimes Trials

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U of Nebraska Press, Jan 1, 2011 - Law - 408 pages
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In the spring of 1942, Nazi forces occupying the Ukraine launched a wave of executions targeting the region's remaining Jewish communities. These mass shootings were open, public, and intimate. Although the victims themselves could never testify against their killers, many eyewitnesses could and did identify the perpetrators. Among these communities, three local men from the villages of Serniki, Israylovka, and Gnivan were intimately implicated in such killing operations: Ivan Polyukhovich, a forester in the German-controlled administration; Heinrich Wagner, aVolksdeutscherliaison officer; and Mikolay Berezowsky, a member of the local police force. More than fifty years later, these three men were arrested and brought to trial in Australia for their alleged war crimes. Daviborshch's Cartis more than an account of Holocaust perpetrators who found a safe haven in postwar Australia. It is also the story of the Holocaust in the Ukraine, the War Crimes Act, Nazi policies, and the ways in which future generations translate history into law, archives into proof, and law into justice. Based on a review of previously unexamined historical and legal documents and transcripts,Daviborshch's Cartoffers the first critical examination of Australian attempts to bring alleged Nazi criminals to justice.
 

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Contents

The Long and Winding Road from Ukraine to Australia
1
1 History War Crimes and Law in Ukraine
15
2 A Brief Political and Legal History of Australia and Nazi War Criminals
50
Ukrainian Foresters the Shoah and the Polyukhovich Case
94
The Case of The Witness Who Knew Too Much
146
Law History Truth and the Holocaust in Ukraine
192
6 Translating Law Translating History in Australian War Crimes Trials
242
Perpetrators Victims and the Politics of Australian Identity in The Hand That Signed the Paper
263
The Australian Experience
297
Notes
321
Bibliography
347
Index
363
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About the author (2011)

David Fraser is a professor of law and social theory at the University of Nottingham. He is the author of several books, including The Fragility of Law: Constitutional Patriotism and the Jews of Belgium, 1940–1945 and Law after Auschwitz: Towards a Jurisprudence of the Holocaust.

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