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Journal of International Criminal Justice Advance Access originally published online on November 4, 2005
Journal of International Criminal Justice 2006 4(1):128-178; doi:10.1093/jicj/mqi022
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© Oxford University Press,2006, All rights reserved. For permissions please email journals.permissions@oxfordjournals.org

Punishing International Crimes Committed by the Persecuted

The Kapo Trials in Israel (1950s–1960s)

Orna Ben-Naftali* and Yogev Tuval*

* 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.

This article deals with the legal and moral imperatives arising out of the Kapo trials, which took place in Israel between 1951 and 1964. Section 2 considers substantive aspects of the Israeli Nazi and Nazi Collaborators Law (adopted in 1950), as well as the moral quagmire embedded within this Law. Section 3 explores the dialogue that these trials advanced (and the dialogue that they failed to advance) in Israeli society. Section 4 offers some reflection on the reasons why these trials have been expunged from Israel's collective memory. The authors also attempt to shed some light on the impact that this deliberate collective forgetting has had on the construction of Israel's national identity and examine the central role that judicial institutions have played in reconstructing the past and providing meaning for the Kapo trials as a nation-building mechanism.


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