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>The Last Trial
More details
Publisher:
Year:
2025
Catalog number :
45-291068
ISBN:
978-965-7854-10-5
Pages:
393
Language:
Weight:
850 gr.
Cover:
Hardcover

The Last Trial

The Demjanjuk Trial and the End of Nazi Prosecution in Israel

Synopsis

The Last Trial deals with the trial of Ivan Demjanjuk, who was tried in the State of Israel in 1986 on charges of being "Ivan the Terrible," the operator of the gas chambers at the Treblinka extermination camp, and was acquitted after a seven-year legal process. The book is based on in-depth archival research and reveals for the first time a rich collection of historical documents from the legal authorities in Israel, the United States, and Germany. The book is also based on in-depth interviews with senior members of the legal system who were involved in the trial – judges, attorneys, and witnesses.

The Demjanjuk case was considered both a case with a high chance of conviction and a potential for severe punishment, and a case that was expected to bring the memory of the Holocaust back onto the public agenda, some half a century after the Eichmann trial. It was chosen from among the cases of other suspects to be the first test case for the possibility of extraditing Nazi criminals from the United States to Israel. The results of the trial therefore had a decisive impact on the continued activity of the State of Israel in bringing Nazi criminals to justice. When Demjanjuk was acquitted, it became clear that not only had the prosecution failed to achieve the desired result of convicting the defendant, but also that the legal process in his case had failed to fulfill the educational, documentary, and historical goals that were attached to it. In the final analysis, this resounding failure brought the prosecution of the Nazis and their accomplices in the State of Israel to an end.

The tension between the legal field and the historical field, and between legal judgment and factual truth, runs throughout the book. The greatest danger of blurring the lines between "law" and "history" lies in the fact that the legal outcome of a criminal proceeding – "guilty" or "not guilty" – may mistakenly be linked to the historical determination of "did happen" or "did not happen." A misunderstanding of legal acquittal as historical acquittal is one of the biggest obstacles to the influence of criminal law, which ends in acquittal, on collective memory. As the book shows, the case of Demjanjuk's extradition and trial in Israel illustrates the difficulties inherent in dealing with the Holocaust within the courtroom, and also sharpens the problematic nature of using criminal law tools to establish historical truths.