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60 Alb. L. Rev. 801 (1996-1997)
Didactic and Dissident Histories in War Crimes Trials

handle is hein.journals/albany60 and id is 817 raw text is: DIDACTIC AND DISSIDENT HISTORIES IN WAR CRIMES TRIALS Gerry J. Simpson* All sorrows can be borne if you put them into a story or tell a story about them. The story reveals the meaning of what otherwise would remain an unbearable sequence of sheer happenings .... All her stories are actually Anecdotes of Destiny, they tell again and again how at the end we shall be privileged to judge ....' I had dreamed, we had always dreamed, of something like this, in the nights at Auschwitz: of speaking and not being listened to, of finding liberty and remaining alone. After a while I remained alone with the lawyer; a few minutes later he also left me, urbanely excusing himself.2 I. INTRODUCTION During the trial of Adolf Eichmann in Jerusalem in 1960, Hannah Arendt's moral certainty about both the defendant's unsurpassable evil and the rectitude of the trial itself gave way to a debilitating array of jurisprudential doubts, ethical quandaries and emotional * Senior Lecturer & Academic Director (Graduate Program), Australian National University. Doctoral Candidate, University of Michigan Law School, Ann Arbor. An extended and modified version of this Article will appear as Gerry J. Simpson, War Crimes: A Critical Introduction, in WAR CRIMES: INTERNATIONAL AND NATIONAL APPROACHES 1 (Timothy L.H. McCormack & Gerry J. Simpson eds., 1997). An early version was presented at the American Society of International Law Regional Meeting in Lansing, Michigan at the United Nations 50th Anniversary Conference held at the Michigan State University on March 25, 1995. The author would like to thank the University of Melbourne's Special Studies Program for generously funding the sabbatical during which some of this research was completed. I am grateful to Jordan Paust who directed me towards a number of useful sources in the area of war crimes. This Article was written in Ann Arbor at the University of Michigan where Vladimir Djeric and Christian Tietje contributed to my thinking in many illuminating discussions. Thanks, also, to Kimberley Reid, whose 1992 Honors thesis submitted at the University of Melbourne Law School influenced both my thinking and my reading on some of these issues. 1 HANNAH ARENDT, Isak Dinesen, in MEN IN DARK TIMES 104-05 (1968). 2 PRIMO LEVI, IF THIS IS A MAN AND THE TRUCE 227 (Stuart Woolf trans., Sphere Books 1987) (1979).

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