Punishing International Crimes Committed by the Persecuted: The Kapo Trials in Israel (1950s-1960s) |
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| Authors: | Ben-Naftali, Orna Tuval, Yogev |
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| Affiliation: | * Dr Ben-Naftali is Deputy-Dean and Head of the International Law Division at the Law School, The College of Management, Academic Studies, Tel-Aviv. Yogev Tuval is a research associate and candidate for the LL M degree at the Law School, The College of Management, Academic Studies, Tel-Aviv. The authors wish to thank Keren Michaeli and Shaul Zioni for their excellent advice and generous assistance. |
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| Abstract: | This article deals with the legal and moral imperatives arisingout of the Kapo trials, which took place in Israel between 1951and 1964. Section 2 considers substantive aspects of the IsraeliNazi and Nazi Collaborators Law (adopted in 1950), as well asthe moral quagmire embedded within this Law. Section 3 exploresthe dialogue that these trials advanced (and the dialogue thatthey failed to advance) in Israeli society. Section 4 offerssome reflection on the reasons why these trials have been expungedfrom Israel's collective memory. The authors also attempt toshed some light on the impact that this deliberate collectiveforgetting has had on the construction of Israel's nationalidentity and examine the central role that judicial institutionshave played in reconstructing the past and providing meaningfor the Kapo trials as a nation-building mechanism. |
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