Nazi Crimes Before West German Courts

Abstract

Abstract Fritz Bauer was one of the main figures of post-war West Germany who fought to bring Nazi perpetrators to trial before German courts at a time when the prevailing general climate and mentality was one of impunity and a need to make a ‘clean break’. This article investigates whether Bauer’s ideas can be set in relation to today’s notions of international criminal justice. Looking for this connection seems an obvious and necessary endeavour, since Bauer’s work focused on prosecuting Nazi crimes, which were dealt with initially by the International Military Tribunal of Nuremberg, the first international criminal tribunal in history. However, this connection has rarely been studied. By taking the example of Bauer’s views on criminal responsibility of the staff at Auschwitz, expressed in relation to the first Frankfurt Auschwitz trial (1963-1965), this article demonstrates that his ideas stood out from common legal opinions in West Germany at the time. It also shows elements in his thinking corresponding to the concept of joint criminal enterprise in today’s international criminal law. The article will also argue that although Bauer’s far-reaching understanding of criminal liability made its way into legal practice only to a limited extent, this must be seen within the historical context of West German jurisprudence concerning Nazi crimes in the 1960s, the period in which Bauer worked.