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Analysis

'Repentance' from Germany offers new hope for justice

October 7, 2014 10:03
The focus of war crimes prosecutions has turned to the acts of the Einsatzgruppen, mobile Nazi death squads such as this in one in Ukraine in 1941
3 min read

The announcement that the Simon Wiesenthal Center has submitted the names of 80 of the youngest men and women who served in the infamous Einsatzgruppen to the German authorities was not purposely planned for the period between Rosh Hashana and Yom Kippur.

However, the 10 days of repentance are an appropriate time for such a move. The only reason there is any hope for successful results in these cases, is because of a fundamental change in Germany's policy on the prosecution of Nazi war criminals - an example, you could say, of collective legal teshuva (repentance).

For almost 50 years before Sobibor death camp guard Ivan Demjanjuk went on trial in 2009, a Nazi war criminal could only be convicted in Germany if the prosecution could prove that he or she had committed a specific crime against a specific victim. It was a scenario that became harder and harder as time went by and the number of potential witnesses got smaller and smaller.

In the case against Demjanjuk, however, the prosecution argued that based on service alone, which was proven by documents in the absence of survivors who could identify him, the SS armed guard should be convicted for at least accessory to murder.