Reflections on the Trial of Vichy Collaborator Paul Touvier for Crimes against Humanity in France
20 Journal of Law and Social Inquiry 191 (1995)
Washington University in St. Louis Legal Studies Research Paper No. 19-06-06
32 Pages Posted: 19 Jun 2020 Last revised: 17 Sep 2020
Date Written: January 1, 1995
Abstract
This article traces the historical and legal background of France’s prosecution of Paul Touvier in the 1990s, concluding that Touvier’s conviction for crimes against humanity was legally and morally justified. Touvier’s victims and descendants were honored by his conviction, his decades-long evasion of the law was remedied, and the principles expounded at Nuremberg were resurrected and applied. The author is skeptical, however, about the application of the trial to broader questions about the action of the Vichy government. Indeed, this essay suggests that efforts to transform Touvier’s trial into an authoritative judgement on Vichy France resulted in inevitable disappointment.
Keywords: Crimes against humanity; international law; Paul Touvier; Vichy France; French law; criminal law; World War II; France; Nuremberg; public policy; French courts; post-war prosecution; history
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