From the Archives

There are research projects whose primary aim is to analyse a pre-defined body of sources, e.g. a set of newspapers in a certain period, or an intellectual’s complete papers. More often though, historians begin with a research question and then fan out into various archives, libraries and personal collections to compile as many sources as necessary to answer said research question in a well-reasoned and accurate way. Obviously, digitalization has had a remarkable effect on how we pursue research today. Most archives have online catalogues and provide finding aids, and more and more sources are being digitised. But while we may have the feeling that the material is at our fingertips, the challenge is not to succumb to the temptation of collecting all available data. After all, nothing can replace the creative work of following the paper trail in the archive, coming up with new ideas (and oftentimes discard them again), and identifying new connections and actors.

Thus, after weeks of intense research and email-writing, I visited London in order to excavate published and unpublished material on the activities of a group of jurists during the “London Moment”, among them the National Archives and the Library of the London School of Economics. One of the highlights of my trip was the collection of the papers of the so-called Society for the Protection of Learning and Science, or SPSL, at Oxford University. Established in 1933 as the Academic Assistance Council, the SPSL helped German university teachers to find a sponsor for their emigration to the United Kingdom, e.g. colleges and research institutes.[1] It also assisted several German jurists to escape to the UK. Their files document the agonizing process of applying for a visa in the 1930s, and are a testimony to the invaluable, (if insufficient) work done by the SPSL. The stories I found still resonate today (without wanting to draw too many parallels), with academics from authoritarian regimes – or those heading there – desperately trying to find employment in the EU or the United States. Fittingly, to use the SPSL papers, one needs the permission of the Council for At-Risk Academics (CARA), which performs much the same functions today.

Finding unique sources requires detective work and endurance – but also a little bit of luck. Coincidentally, the papers of the United Nations War Crimes Commission were just recently digitised and are now publicly accessible at the Wiener Library in London.[2] The bright reading room has a UNWCC workstation – basically a desktop computer with access to the PDF files. A Power Point Presentation offers a short introduction to the collection. Unfortunately, one cannot save copies of the files on a USB stick, and making photographs of the screen is more impractical than using microfilm readers that allow for scanning. Other than that, the collection is unique. It includes the UNWCC’s complete papers, its minutes, reports, correspondence, case files etc., allowing for new detailed studies on its role in the history of international humanitarian law.

[1] Catalogue of the Archive of the Society for the Protection of Science and Learning, 1933-87, Bodleian Library, University of Oxford, http://www.rsl.ox.ac.uk/dept/scwmss/wmss/online/modern/spsl/spsl.html

[2] Records of the United Nations War Crimes Commission, The Wiener Library, http://wiener.soutron.net/Portal/Default/en-GB/RecordView/Index/92681

New Publication: “Human Rights after Hitler” by Dan Plesch

In his new book Human Rights after Hitler, Dan Plesch makes a case for rewriting the history of human rights and international criminal law using the declassified archives of the United Nations War Crimes Commission (UNWCC). In view of 36,000 indictments against Nazi and Japanese war criminals facilitated by the UNWCC, he argues that the Allied nations’ response to the Holocaust was more committed than most accounts –  focussing on the International Military Tribunals at Nuremberg and Tokyo – acknowledge. His study thus carries on his own already extensive work on the UNWCC and complements publications on the Subsequent Nuremberg Trials, such as Reassessing the Nuremberg Military Tribunals: Transitional Justice, Trial Narratives, and Historiography by Kim Priemel and Alexa Stiller.

In nine chapters (see http://www.unwcc.org/chapters/ for short summaries), Plesch seeks to fish the UNWCC “out of the Orwellian ‘memory hole’ into which its contemporary detractors cast it”. He outlines its establishment and the commission’s work, underlining that not only the Nazi leadership was brought to justice, but many more who were responsible for the Holocaust in occupied countries. He also highlights that the UNWCC, in responding to Nazi atrocities, was an important forum for innovations in international law with regard to aggressive war, the defense of superior orders, prosecution of sexual violence etc., and that these innovations were the result of the contributions of non-Western intellectuals and officials as well as the exile governments in London. He strongly criticizes scholarship that overlooks the “international, grassroots-driven campaign to formalize and enforce global norms” (p. 193) and that denies the liberal and global origins of human rights in the 1940s (e.g. Samual Moyn).

The UNWCC’s effectiveness, he puts forward, should be proof that war crimes should and can be prosecuted effectively. Plesch is convinced that there are “moral and practical lessons we can learn from the heroes of this unsung political movement for international justice.” (p. 2) He agrees with Carsten Stahn that we are in need of a “UNWCC 2.0” that enables complementary prosecution of war crimes by national courts while applying international criminal legal standards. Instead of betting on “large-scale, expensive, drawn-out trials of leaders conducted by international (overwhelmingly Western) lawyers and officials”, the UNWCC is an example for effective prosecution of war crimes on a national level “through existing judicial systems.” (p. 204)

Plesch justifies his object of study with the usefulness and applicability of UNWCC practices and norms, e.g. for prosecuting Syrian war criminals. This should be kept in mind when reading his book. Understanding the “past as prelude” always risks downplaying developments that do not fit our narrative in favor of a teleological explanation of the historical past. However, this is a well-researched and well-argued book with a strong appeal for more studies on the UNWCC.

Listen to an interview with Dan Plesch on NPR (4:24 min)

Literature
Moyn, Samuel. The Last Utopia: Human Rights in History. Cambridge, MA: Harvard University Press, 2010.
Plesch, Dan. Human Rights after Hitler: The Lost History of Prosecuting Axis War Crimes. Washington, D.C.: Georgetown University Press, 2017.
Priemel, Kim C., and Alexa Stiller. Reassessing the Nuremberg Military Tribunals: Transitional Justice, Trial Narratives, and Historiography. New York: Berghahn Books, 2012.
Stahn, Carsten. “Complementary and Cooperative Justice ahead of Their Time? The United Nations War Crimes Commission, Fact-Finding and Evidence.” Criminal Law Forum 25 (2014): 223–260.

Researchers: Sara Weydner

I am a Ph.D. student at the Department of History of Humboldt-Universität zu Berlin and member of the research project “The London Moment”. I studied history and political science in Freiburg and Montreal as well as North American Studies at Freie Universität Berlin. My master thesis dealt with transnational networks in international family planning and population control after World War II, and was awarded with the Prize of the Department of History and Cultural Studies for Gender Studies. I received my master’s degree in 2015. In my Ph.D. project, I will follow up on my fascination with transnational collaboration in the twentieth century and turn towards the little-known International Commission for Penal Development and Reconstruction, located in Cambridge and London. Early in the Second World War, this informal network brought together eminent jurists from occupied countries as well as Great Britain. They discussed war crimes trials and the internationalization of humanitarian law and yielded some of the legal innovations that later shaped the Nuremberg Trials.

Contact: sara.weydner_at_hu-berlin.de

Meeting of the Legal History Research Group (GRR) on 10/02/2017: European Law

On February 10, 2017, the GRR Legal History Research group at Humboldt University  turned its attention toward the history and historiography of European law. Philip Bajon (Frankfurt/M.) presented his research project on the Luxembourg Compromise, asking whether it propelled a change in decision making patterns in the Council of the European Union. He posited that although the Luxembourg Compromise was not necessarily hard law, it established an informal veto culture that shaped the constitutional practice in the years to come. Manuel Müller (Berlin; www.foederalist.eu) discussed why the Maastricht Treaty did not turn into a “constitutional moment” and argued that while the political system became more integrated, the European public sphere did not: The main frame of reference, in which European politics and policies were discussed and legitimized, remained national. Finally, Anna Katharina Mangold (Frankfurt/M.) made a plea from a jurist’s perspective for a critical turn in the historiography of European Law. From her point of view, a teleological narrative of European integration continues to shape the work of legal historians. Therefore, she calls upon them to reveal historical contingencies and path dependencies as well as their own bias in prioritizing a specific narrative or subject matter over another in their research.

The presentations served as a departure point for a more general discussion about (legal) history. While Philip Bajon argued that a historical approach can uncover source material from actors other than official personas and institutions, Anna Katharina Mangold contended that contemporary historians can be too close to the individual whose motivations and actions they want to analyze. To resolve these issues, the participants agreed that both historians and jurists need to contextualize authors and their work by situating them in a specific historical context. A lively discussion followed on the question how researchers should deal with their own positionality and political leanings: While the jurists regarded normativity as essential for a future-oriented research that suggests improvements to today’s legal system from a historical perspective, the historians in the room interjected that a political standpoint – especially if not clearly indicated – can undermine an impartial analysis of belief systems and discourses of the past. This discussion also tapped into the recent public debate on “post-truth politics” and the role of academia within it, raising the question of the meaning of factuality in (deconstructivist) research projects – a concern not just for legal historians.