Transcript Making History in the Courtroom From the Soviet Show

Making History in the Courtroom
From the Soviet Show Trials to the Khmer Rouge Trials
Making History in the Courtroom
From the Soviet Show Trials to the Khmer Rouge Trials
International Conference,
The Benjamin N. Cardozo School of Law,
New York, September 16 § 17, 2010
Organization : Christian Delage & Peter Goodrich
with the cooperation of Michelle Feldman, Ariane Mathieu and Esther Nguonly
This Conference is sponsored by
the Cardozo School of Law (New York)
with the participation of the Institut d’histoire du temps présent (CNRS, Paris)
Presentation
Christian Delage, Peter Goodrich
In 1945, the International Military Tribunal opened the case against 22
Nazi officers and leaders accused of conspiracy and war crimes. At that
time, the victims of these crimes were not welcomed as witnesses and
were generally not given an opportunity to offer testimony in either oral
or written form. Their experiences were too recent and vivid to form
part of the legal record, and at the same time it must be noted that
historians had not yet begun to write the history of the Third Reich and
of the genocide of the Jews.
Eventually, however, the evidence collected by the prosecution became
an essential archive and the focus of considerable historical research.
The trial was to become a pivotal moment in the process of
remembering and then the writing of the history of the war. Even more
significant, the legacy of the Nuremberg trials has been that of
rendering a new standard of justice in the aftermath of war crimes,
genocide, and other atrocities. International courts have multiplied war
crime trials, as well as Truth and Reconciliation Commissions, have
had a large impact on international awareness of and commitment to
bringing perpetrators to account in South Africa, the former
Yugoslavia, the Rwanda, and Cambodia.
Presentation
Christian Delage, Peter Goodrich
The most recent war crimes trials are those that have been under way in
Cambodia since February, 2009. The Khmer Rouge Trials are a novelty
in that these proceedings are taking place after the history of the
genocidal regime has been written, the archives collected, the witnesses
interviewed, the dead buried and even forgotten by the current
generation. The question to be posed in this new context is what is the
significance of these trials on Cambodian society? What are the effect of
a rather precarious yet highly visible judicial process thirty years after
the crimes have been committed?
The conference will address the interaction of memory, history, trials
and tribunals. The focus of the papers, given by leading international
lawyers and historians, will be that of the role trials play in the
development of public opinion, the cultivation of longer term social
memory and the impact upon the writing of history. There will be a
special focus on the symbolic value and international visibility of these
trials, manifested most obviously in the filming of the procedings as well
as in the use of video and film as evidence.
Thursday, September 16, 2010
Morning Sessions
9:00am/9:15am
Introduction
•
Christian DELAGE, Peter GOODRICH (Cardozo Law School).
9:15am/10:45am
Show Trials and the Denial of Justice
• Nicolas WERTH (History, IHTP-CNRS, Paris):
The Making of the Raion Show Trials in the USSR, 1937-1938.
• Anne KERLAN (History, IHTP-CNRS, Paris):
China and The Trial of the “Gang of the Four”, 1980.
Moderation: Eli ZARETSKY (History, New School for Social
Research, New York)
10:45am/11:00am: Pause
Thursday, September 16, 2010
Morning Sessions
11:00am/12:30pm
Defendants without Defense, and Under the Gaze of the Camera.
• Johann CHAPOUTOT (History, University of Grenoble):
The “People’s Court” in Nazi Germany.
• Stuart LIEBMAN (Film Studies, CUNY Graduate Center):
The Filmed Trial of Majdanek’s Extermination Camp: Kazimierz Czynski’s
Swastyka i Szubienica (1945).
Moderation: Michel ROSENFELD (Cardozo Law School)
12:30pm/1.30pm: Lunch
Thursday, September 16, 2010
Afternoon Sessions
1:45pm/3:45pm
The Crimes of the Khmer Rouge:
Images of the Prison S-21 as Evidence.
• Michael MASCUCH (Rhetoric, University of Berkeley):
Toward a History of Photography and the Cambodian Genocide.
• Brice POIRIER (Law, University of Rennes):
The Vietnamese Army Entering and Filming the S-21 Prison in 1979.
• Ariane MATHIEU (History, Montreal, University of Concordia):
S-21 as a Museum of Images.
Moderation: Esther NGUONLY (Cardozo School of Law)
3:45pm/4:00pm: Pause
Thursday, September 16, 2010
Afternoon Sessions
4:00pm/5:30pm
Recapturing Memory and Justice through Film.
• Christian DELAGE (History, University of Paris 8 § Cardozo):
The Film Footage of the Nuremberg Trials and the Production of
Nuremberg, The Nazis Facing their Crimes.
• Rémy BESSON (History, EHESS, Paris):
Claude Lanzmann and the Writing of Shoah.
Moderation: Vincent GUIGUENO (History, École des Ponts, Paris)
Friday, September 17, 2010
Morning Sessions
9:30am/11:00am
• The Courtroom as a Place of Reconciliation?
• Pieter LAGROU (History, Université Libre de Bruxelles):
War Crimes Trials: Getting the Past Right -- or the Future?
New Foundations for the Law, 1945-1950.
• Henry ROUSSO (History, IHTP-CNRS, Paris):
Historical Narratives in Competition: the Case of the Papon Trial.
• Richard J. GOLSAN (History, TAMU, College Station):
Touvier, Papon, and the Corruptions of Memory.
Moderation: Alice KAPLAN (French, Yale University)
11:00am/11:15am: Pause
Friday, September 17, 2010
Morning Sessions
11:30am/1:00pm
International or local Justice?
• William A. SCHABAS (Law, Galway):
Building the Official Narrative: The UN Tribunals for the Former
Yugoslavia, Rwanda and Sierra Leone.
• Hélène DUMAS (History, EHESS, Paris):
Rwanda and Local Justice: the Gacaca.
Moderation: Christian BIET (Theater, Nanterre & NYU)
1:00pm/2:15pm: Lunch
Friday, September 17, 2010
Afternoon Sessions
2:30pm/4:30pm
Pleading Guilty: The Case of Duch in the Khmer Rouge Trials.
• Robert PETIT (Former Prosecutor at the Extraordinary
Chambers in the Court of Cambodia, ECCC)
Trying Duch.
• Françoise SIRONI (Clinician Psychologist, expert at the ECCC):
Evaluating Duch.
• François ROUX (Lawyer, Amsterdam, Defense Lawyer of
Duch at the ECCC):
Defending Duch.
Moderation: Peter MAGUIRE (Law, Bard University)
4:30pm/5:00pm
Conclusion of the Conference
•
Christian DELAGE, Peter GOODRICH (Cardozo Law School).
Special Screenings
Anthology Film Archives,
September 17-19, 2010
In parallel to the symposium,
a series of three special screenings are scheduled at the
QuickTime™ et un
décompresseur TIFF (non compressé)
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1. Claude Lanzmann’s Shoah (1985)
2. Rithy Panh’s S-21 The Khmer Rouge Killing Machine (2003)
3. Christian Delage’s Nuremberg. The Nazis Facing their Crimes (2006)