Judging the Conducător: fascism, communism and legal discontinuity in post-war Romania

Cercel, Cosmin Sebastian

Abstract

The proposed chapter aims to further the engagement with the past by bringing to the fore the legal and memorial dynamics at work in the post war trials dealing with Romanian participation to the Holocaust. While work in this area of Romanian legal history is still exploratory, this chapter aims at filling a gap in relation to understanding the constitutional, jurisprudential and ideological aspects of the Antonescu trial. In doing so it also aims to reflect on the legal, political and symbolic consequences entailed by the communist attempts at dealing with Romanian participation to the Holocaust. In this sense, this chapter attempts for the first time to articulate jurisprudentially and historically the significance of the trial of the Romanian military dictator in office between 1940 and 1944.

Citation

Cercel, C. S. (2017). Judging the Conducător: fascism, communism and legal discontinuity in post-war Romania. In U. Belavusau, & A. Gliszczyńska-Grabias (Eds.), Law and memory: addressing historical injustice by law (228-245). Cambridge: Cambridge University Press. https://doi.org/10.1017/9781316986172.012

• Acceptance Date: Feb 11, 2016
• Publication Date: Oct 31, 2017
• Deposit Date: Jul 25, 2016
• Publicly Available Date: Oct 31, 2017
• Publisher: Cambridge University Press
• Peer Reviewed: Not Peer Reviewed
• Pages: 228-245
• Book Title: Law and memory: addressing historical injustice by law
• Chapter Number: 11
• ISBN: 9781107188754
• DOI: https://doi.org/10.1017/9781316986172.012
• Public URL: https://nottingham-repository.worktribe.com/output/979827
• Publisher URL: http://www.cambridge.org/gb/academic/subjects/law/socio-legal-studies/law-and-memory-towards-legal-governance-history?format=HB
• Additional Information: This material has been published in Law and memory: addressing historical injustice by law edited by Uladzislau Belavusau, Aleksandra Gliszczyńska-Grabias. This version is free to view and download for personal use only. Not for re-distribution, re-sale or use in derivative works. Copyright Cambridge University Press.