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References (104)
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1. It should be noted that though American press attitudes toward reports of atrocities in Europe significant…
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2. The fullest version of Morgenthau’s plan can be found in Henry Morgenthau Jr., Germany Is Our Problem (New…
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3. Stimson to Roosevelt, “Transcript, 9 September, 1944,” in Smith, The American Road to Nuremberg, 30.
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4. For a detailed description of Bernays’s role in postwar planning, see Bradley F. Smith, The Road to Nuremb…
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5. Bernays to Stimson, “Memorandum, Trial of European War Criminals, 15 September, 1944,” in Smith, The Ameri…
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6. Henry Stimson, “Diary Entry, October 24, 1944,” in The Henry Lewis Stimson Diaries in the Yale University …
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7. David Zarefsky’s study of Lincoln’s and Douglas’s use of conspiratorial argument illustrates the use of co…
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8. The pragmatic usage of conspiracy discourse and conspiracy law by Allied officials, as explained in the ca…
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9. Michael Pfau’s definition of conspiracy discourse as both “concrete instances of persuasion as well as the…
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10. Throughout the text, I make a distinction between the everyday and legal use of conspiratorial discourse.…
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and Douglas Walton, Fundamentals of Critical Argumentation (Cambridge, UK: Cambridge University Press, 2006):…
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11. I take as my texts postwar planning memos from the Roosevelt administration (1944–45), transcripts of del…
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12. Here, I refer to the narrower category of conspiracy argument distinguished by Pfau and Zarefsky—the logi…
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13. For scholarly investigations of how conspiracy discourse motivates action in these movements, see Timothy…
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and Brett Bricker and Jacob Justice, "The Postmodern Medical Paradigm: A Case Study of Anti-MMR Vaccine Argum…
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14. A landmark study in the role of conspiracy in historically motivating public action is Bernard Bailyn’s T…
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15. Zarefsky, “Conspiracy Arguments in the Lincoln–Douglas Debates,” 72.
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16. Earl Creps, “The Conspiracy Argument as Rhetorical Genre” (PhD diss., Northwestern University, 1980).
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17. Gordon Wood, “Conspiracy and the Paranoid Style: Causality and Deceit in the Eighteenth Century,” William…
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18. Zarefsky, “Conspiracy Arguments in the Lincoln–Douglas Debates,” 73.
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19. Marouf Hasian Jr., Celeste Michelle Condit, and John Louis Lucaites, “The Rhetorical Boundaries of ‘the L…
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20. Hasian Jr. et al., “The Rhetorical Boundaries of ‘the Law,‘” 345.
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21. The first instance of conspiracy law was created during the reign of Edward I but developed its distincti…
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22. See Juliet Okoth’s overview of the distinctions between English, American, and continental concepts of co…
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23. Okoth, The Crime of Conspiracy in International Law.
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24. Mohamed Othman, Accountability for International Humanitarian Law Violations: The Case of Rwanda and East…
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25. A helpful overview of this tension is summarized in George P. Fletcher, Romantics at War: Glory and Guilt…
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26. Amy J. Sepinwall summarizes the foundations of criminal law, arguing that the fault principle is one of t…
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27. William A. Schabas, Genocide in International Law: The Crime of Crimes (Cambridge, UK: Cambridge Universi…
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28. For more on the development of Western (and particularly American) legal doctrine and legal attitudes reg…
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and George P. Fletcher, "The Storrs Lectures: Liberals and Romantics at War: The Problem of Collective Guilt,…
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29. Sepinwall, “Faultless Guilt,” 531–32.
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30. Wood, “Conspiracy and the Paranoid Style,” 409.
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31. See discussion of actus reas versus mens reas in Okoth, The Crime of Conspiracy, 9–20.
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32. The pedagogical focus of the Nuremberg trials (and its attendant effects) is discussed in Marouf A. Hasia…
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33. Michaela Hoenicke Moore, Know Your Enemy: The American Debate on Nazism 1933–1945 (Cambridge, UK: Cambrid…
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34. An exemplar of this logic within the scholarly literature of the time can be seen in former Yale Presiden…
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35. A good representation of the debate over the causal origins of the war (and of the “hoodwinked” and “thug…
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36. Morgenthau Jr., Germany Is Our Problem.
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37. For example, see Henry Stimson, “Notes of Henry L. Stimson for a Conference with the President, August 25…
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38. Morgenthau Jr., Germany Is Our Problem.
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39. It should be noted that Stimson’s belief that using the legal system was a mark of civilization led him t…
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40. Bernays reflects this concern in his memo, stating that though some of the “worst outrages” were committe…
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41. This concern is articulated succinctly by Attorney General Francis Biddle in a circulated memorandum, Fra…
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42. Stimson to Morgenthau, “Memorandum, 5 September, 1944,” in Smith, The American Road to Nuremberg, 30.
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43. For more on Stimson and Morgenthau’s efforts to secure Roosevelt’s endorsement of their respective plans,…
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44. Bernays to Stimson, “Memorandum, Trial of European War Criminals, 15 September 1944,” in Smith, The Ameri…
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45. The benefit of the conspiracy plan, Stimson explained to Secretary of State Cordell Hull, was the “prosec…
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46. For a description of this period, see Smith, The Road to Nuremberg, 54–55.
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47. For an example of how it was reported, see “Nazis Massacre Captive Yanks in Belgium, Survivors Report,” W…
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48. Robert H. Jackson, “Minutes from July 2, 1945, London Conference,” in Report of Robert H. Jackson, United…
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49. Six organizations were ultimately tried, to include the Reich Cabinet, the Leadership Corps of the Nazi P…
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50. Robert H. Jackson, “Minutes from July 2, 1945, London Conference,” in Report of Robert H. Jackson, 130.
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51. Jackson, “Minutes from July 2, 1945, London Conference,” in Report of Robert H. Jackson, 130.
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52. Robert H. Jackson, “Minutes from July 25, 1945, London Conference,” in Report of Robert H. Jackson, 375.
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53. As Gros argued: “I should think that in consequence our differences are more or less this: the Americans …
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54. For a full list of charges, see “Agreement and Charter for the International Military Tribunal at Nurembe…
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55. Robert H. Jackson, “Nuremberg Trial Proceedings, Second Day, November 21, 1945,” in Trial of the Major Wa…
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56. Jackson, “Nuremberg Trial Proceedings, Second Day, November 21, 1945,” in Trial of the Major War Criminals.
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57. Twenty-four individuals were ultimately selected to stand trial. Out of the 24, only 21 were tried in per…
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58. Jackson, “Nuremberg Trial Proceedings, Second Day, November 21, 1945,” in Trial of the Major War Criminals.
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59. Otto Stahmer in Trial of the Major War Criminals, 17:514.
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60. Walter Siemers, defense counsel for the Grand Admiral of the German Navy Erich Raeder, capitalized on thi…
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61. Johann Merkl in Trial of the Major War Criminals, 21:535–39.
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62. Horst Pelckman in Trial of the Major War Criminals, 21:592–93.
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63. Pelckman in Trial of the Major War Criminals, 21:592–93.
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64. Trial of the Major War Criminals, 18:392–94.
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65. For analysis on how Jackson’s documentation-based strategy influenced his description of Nazi atrocities,…
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66. Zarefsky notes that one of the strengths of conspiratorial rhetoric is its reliance on inferences versus …
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67. Stahmer in Trial of the Major War Criminals, 17:514.
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68. Franz Ecner in Trial of the Major War Criminals, 18:507.
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69. Gustav Steinbauer in Trial of the Major War Criminals, 19:51.
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70. Due to the odd wording of the conspiracy charge in the final charter for the IMT at Nuremberg, the docume…
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71. For a fuller account of the atrocities committed by German businesses, particularly those committed by IG…
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72. Helpful here is Doreen Lustig’s analysis of the two different images of Germany that emerge from the IMT …
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73. See also Spicka’s description of the American prosecution of I.G. Farben in “The Devil’s Chemists on Trial.”
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74. Fritz Wecker as quoted in Trials of War Criminals before the Nuernberg Military Tribunals under Control C…
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75. Eduard Wahl as quoted in Trials of War Criminals before the Nuernberg Military Tribunals, 8:966.
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76. James Morris as quoted in Law Reports of Trials of War Criminals: Selected and Prepared by the United Nat…
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77. Hu Anderson as quoted in Trials of War Criminals before the Nuernberg Military Tribunals, 9:414–15.
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78. This is discussed at greater length in Donald Bloxham, Genocide on Trial: War Crimes Trials and the Forma…
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79. See, for example, Alan Bullock, Hitler: A Study in Tyranny (London, UK: Odhams Press Limited, 1952); and …
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80. A. J. P. Taylor, Origins of the Second World War (New York: Simon and Schuster, 1961), 12.
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81. Taylor, Origins, 11.
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82. Richard Bessel, “Functionalists vs. Intentionalists: The Debate Twenty Years on or Whatever Happened to F…
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83. Bessel, “Functionalists vs. Intentionalists,” 18. One of the best examples of early intentionalist schola…
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84. Waitman Wade Beorn, “New Paths, New Directions: Reflections on Forty Years of Holocaust Studies and the G…
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85. A good example of early structuralist scholarship is Martin Broszat, German National Socialism, 1919–1945…
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86. See also Osiel’s description of how knowledge and responsibility are depicted under charges of Superior R…
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87. Jens Ohlin, “Incitement and Conspiracy to Commit Genocide,” UN Genocide Convention—A Commentary, ed. Paol…
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88. Donald Bloxham, The Final Solution: A Genocide (Oxford, UK: Oxford University Press, 2009).
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89. For example, after the Rwandan genocide, accusations of conspiracy abounded. The official report conducte…
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90. For example, the court, in The Prosecutor v. Bagosora et al., ruled that despite the prosecutorial attemp…
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91. See also Jens Ohlin’s analysis of the role of intent in the trial in “Three Conceptual Problems with the …
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92. For more on the rise of criminal trials in the transition away from illiberal regimes, see Kathryn Sibbin…
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93. Jens Ohlins, “Attempt, Conspiracy, and Incitement to Commit Genocide,” Cornell Law Faculty Publications, …
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94. Mark Osiel writes, “Criminal law” in the wake of mass atrocities, “has generally insisted on shoehorning …
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95. Mar A. Drumbl, “Pluralizing International Criminal Justice,” Michigan Law Review 103 (2005): 1309.
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96. Osiel, “The Banality of Good,” 1765.
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97. Commentators such as Fletcher and Drumbl have suggested that personal culpability may have to be abandone…
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98. For specifics on how alternative methods of conflict resolution could be used in conjunction with crimina…
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99. Hasian Jr. and Hasian compellingly make the argument that at least in the case of Holocaust trials, the d…
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100. Osiel, “The Banality of Good,” 1860.
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101. Teitel, Transitional Justice.