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Showing posts with label Soviet legal history. Show all posts
Showing posts with label Soviet legal history. Show all posts

05 June 2026

CLH ARTICLE: William PARTLETT, Constitutional nationalism and remembered history: the post-Soviet example (Comparative Legal History, XIII (2025), nr. 2 (December), pp. 277-305)

(Image source: Taylor&Francis)


Abstract:

This article will argue that national history can further the project of constitutional self-government even in formerly authoritarian countries. Examining the former Soviet republics, it will describe how remembering forgotten or suppressed democratic constitutional ideas and arguments from national history can help support the project of constitutional self-government. This form of ‘constitutional nationalism’ counters arguments that constitutional self-government is a project of convergence with western best practices. It instead links it to long-standing national struggles to adapt the balanced constitution of constitutional self-government to the national context. ‘Constitutional nationalism’ therefore relies on a different approach to history. Rather than understanding national history in countries with a long history of authoritarianism as something to ignore or overcome, it views this history as a potential source of (often suppressed) ideas and inspiration for helping the project of constitutional self-government today.


To read the article, please click here. Online access is free for members of the European Society for Comparative Legal History.

DOI: 10.1080/2049677X.2025.2579474


04 June 2020

BOOK: Francine HIRSCH, Soviet Judgment at Nuremberg - A New History of the International Military Tribunal after World War II (Oxford: Oxford University Press, 2020). ISBN 9780199377930, £26.99


(Source: OUP)

OUP is publishing a book offering a Soviet perspective to the Nuremberg trials.

ABOUT THE BOOK

Organized in the immediate aftermath of World War II to try the former Nazi leaders for war crimes, the Nuremberg trials, known as the International Military Tribunal (IMT), paved the way for global conversations about genocide, justice, and human rights that continue to this day. As Francine Hirsch reveals in this immersive new history of the trials, a central piece of the story has been routinely omitted from standard accounts: the critical role that the Soviet Union played in making Nuremberg happen in the first place. Hirschs book reveals how the Soviets shaped the trials—only to be written out of their story as Western allies became bitter Cold War rivals.

Soviet Judgment at Nuremberg offers the first full picture of the war trials, illuminating the many ironies brought to bear as the Soviets did their part to bring the Nazis to justice. Everyone knew that Stalin had originally allied with Hitler before the Nazi invasion of the Soviet Union. The Molotov-Ribbentrop Pact of 1939 hung heavy over the courtroom, as did the suspicion among the Western prosecutors and judges that the Soviets had falsified evidence in an attempt to pin one of their own war crimes, the Katyn massacre of Polish officers, on the Nazis. It did not help that key members of the Soviet delegation, including the Soviet judge and chief prosecutor, had played critical roles in Stalin's infamous show trials of the 1930s. For the lead American prosecutor Robert H. Jackson and his colleagues, Soviet participation in the Nuremberg Trials undermined their overall credibility and possibly even the moral righteousness of the Allied victory.

Yet Soviet jurists had been the first to conceive of a legal framework that treated war as an international crime. Without it, the IMT would have had no basis for judgment. The Soviets had borne the brunt of the fighting against Germany—enduring the horrors of the Nazi occupation and experiencing almost unimaginable human losses and devastation. There would be no denying their place on the tribunal, nor their determination to make the most of it. Once the trials were set in motion, however, little went as the Soviets had planned. Soviet Judgment at Nuremberg shows how Stalin's efforts to direct the Soviet delegation and to steer the trials from afar backfired, and how Soviet war crimes became exposed in open court.

Hirsch's book offers readers both a front-row seat in the courtroom and a behind-the-scenes look at the meetings in which the prosecutors shared secrets and forged alliances. It reveals the shifting relationships among the four countries of the prosecution (the U.S., Great Britain, France, and the USSR), uncovering how and why the Palace of Justice in Nuremberg became a Cold War battleground. In the process Soviet Justice at Nuremberg offers a new understanding of the trials and a fresh perspective on the post-war movement for human rights.

ABOUT THE AUTHOR

Francine Hirsch is Professor of History at the University of Wisconsin-Madison and the author of Empire of Nations.

TABLE OF CONTENTS

Introduction: The Untold Story
Part I: The Road to Nuremberg
Chapter One: When War Became a Crime
Chapter Two: But What Is Justice?
Chapter Three: Countdown to Indictment
Chapter Four: Ready or Not
Part II: The Prosecution's Case
Chapter Five: The Trial Begins
Chapter Six: Stuck on the Sidelines
Chapter Seven: Course Corrections
Chapter Eight: Bearing Witness
Part III: The Defense Case
Chapter Nine: The Cold War Comes to Nuremberg
Chapter Ten: In the Name of a Fair Trial
Chapter Eleven: Accusations and Counter-Accusations
Chapter Twelve: The Katyn Showdown
Part IV: Last Words and Judgments
Chapter Thirteen: Collective Guilt and the Fate of Postwar Europe
Chapter Fourteen: Judgment
Chapter Fifteen: Beyond Nuremberg
Acknowledgements
Endnotes
Research Note
Notes and Sources
Bibliographical Notes and Suggestions for Further Reading
Index

More info here

08 October 2019

CONFERENCE: Peace and Security in Times of Transition: Socialist and Post-Socialist States and the Development of International Peacekeeping Since 1945 (29-31 October 2020, Moscow) (DEADLINE: 1 DECEMBER 2019)


(Source: HSozKult)

Via HSozKult, we learned of a conference at the Deutsches Historisches Institut in Moscow on the role of socialist and post-socialist states in the development of peacekeeping operations since 1945.

The interconnected histories of international organizations and the normative conceptions of international relations with their discussions about range and universality constitute one of the most promising and challenging topics of International History since 1945. Debates about the balance between state sovereignty and territorial integrity, international security, human rights, and dimensions of peace were reflected and still are reflected by international approaches to international challenges, new- and old-type crises, and problems of Cold War, decolonization as well as post-Cold War and post-colonial processes. […]“

More info with HSozKult

13 June 2019

BOOK: David M. CROWE, Ed., Stalin’s Soviet Justice: ‘Show’ Trials, War Crimes Trials, and Nuremberg (London: Bloomsbury, 2019). ISBN 9781350083363, £73.44


(Source: Bloomsbury)

 Bloomsbury has published a new edited collection on law and the justice system under Joseph Stalin.


ABOUT THE BOOK

From the 'show' trials of the 1920s and 1930s to the London Conference, this book examines the Soviet role in the Nuremberg IMT trial through the prism of the ideas and practices of earlier Soviet legal history, detailing the evolution of Stalin's ideas about the trail of Nazi war criminals.

Stalin believed that an international trial for Nazi war criminals was the best way to show the world the sacrifices his country had made to defeat Hitler, and he, together with his legal mouthpiece Andrei Vyshinsky, maintained tight control over Soviet representatives during talks leading up to the creation of the Nuremberg IMT trial in 1945, and the trial itself. But Soviet prosecutors at Nuremberg were unable to deal comfortably with the complexities of an open, western-style legal proceeding, which undercut their effectiveness throughout the trial. However, they were able to present a significant body of evidence that underscored the brutal nature of Hitler's racial war in Russia from 1941-45, a theme which became central to Stalin's efforts to redefine international criminal law after the war.

Stalin's Soviet Justice provides a nuanced analysis of the Soviet justice system at a crucial turning point in European history and it will be vital reading for scholars and advanced students of the legal history of the Soviet Union, the history of war crimes and the aftermath of the Second World War.

ABOUT THE EDITOR

David M. Crowe is Presidential Fellow at Chapman University, USA and Professor Emeritus of History & Law at Elon University, USA. He has been a Visiting Scholar at Columbia University's Harriman Institute and a Fellow at the Center for Slavic, Eurasian, and East European Studies at the University of North Carolina at Chapel Hill. He is the recipient of the Southern Conference on Slavic Studies' 2010 Richard Stites Senior Scholar Award for Contributions to the Field of Slavic Studies. 

TABLE OF CONTENTS

Introduction, David M. Crowe (Elon University, USA)
1. Late Imperial and Soviet 'Show' Trials, 1878-1938, David M. Crowe (Elon University, USA) 
2. Traitors or War Criminals: Collaboration on Trial in Soviet Courts in the 1940s, Alexander V. Prusin (New Mexico Institute of Mining and Technology, USA)
3. 'Nikto ne zabyt': The Politicization of Soviet War Dead, Thomas Earl Porter (North Carolina A&T State University, USA)
4. The Human Face of Soviet Justice: Aron Trainin and the Origins of the Soviet Doctrine of International Criminal Law, Valentyna Polunina (Heidelberg University, Germany)
5. 'May Justice be Done!': The Soviet Union and the London Conference (1945), Irina Schulmeister-André (Independent Scholar, Germany)
6. The Soviet Union at the Palace of Justice: Law, Intrigue, and International Rivalry in the Nuremberg Trials, Francine Hirsch (University of Wisconsin-Madison, USA)
7. Soviet Journalists at Nuremberg: Establishing the Soviet War Narrative, Jeremy Hicks (Queen Mary University of London, UK)
8. From Geneva to Nuremberg to New York: Andrei Vyshinsky, Raphaël Lemkin, and the Struggle to Outlaw Revolutionary Violence, State Terror, and Genocide, Douglas Irvin-Erickson (George Mason University, USA)
Select Bibliography
Index

More information here