Thomas at Auschwitz in 1995, fifty years to the day after his forced march out of the camp as a child.

Judging War Crimes Today

Thomas Buergenthal: A View from the Bench

Born in Czechoslovakia, Thomas Buergenthal was one of the youngest survivors of the Auschwitz and Sachsenhausen concentration camps.

Thomas's family moved to Zilina in 1938. As the Slovak Hlinka Guard increased its harassment of Jews, the family decided to leave. Thomas and his family ultimately entered Poland, but the German invasion in September 1939 prevented them from leaving for Great Britain. The family ended up in Kielce, where a ghetto was established in April 1941. When the Kielce ghetto was liquidated in August 1942, Thomas and his family avoided the deportations to Treblinka that occurred in the same month. They were sent instead to a forced-labor camp. He and his parents were deported to Auschwitz in August 1944. As Soviet troops advanced in January 1945, Thomas and other prisoners were forced on a death march from Auschwitz. He was sent to the Sachsenhausen camp in Germany. After the Soviet liberation of Sachsenhausen in April 1945, Thomas was placed in an orphanage. Relatives located him, and he was reunited with his mother in Goettingen. He moved to the United States in 1951.

Credits:
  • US Holocaust Memorial Museum Collection

He emigrated to the United States at the age of 17.

Buergenthal was a judge at the International Court of Justice, the principal judicial organ of the United Nations. He served as judge, vice president, and president of the Inter-American Court of Human Rights (1979–1991); as well as judge, vice president, and president of the Administrative Tribunal of the Inter-American Development Bank (1989–1994). From 1992–1993, he served on the United Nations Truth Commission for El Salvador.

Judge Buergenthal served as chairman of the United States Holocaust Memorial Museum's Committee on Conscience. He also taught at several leading law schools. He wrote more than a dozen books and numerous articles on international law, human rights, and comparative law.

Buergenthal's experiences as both a Holocaust survivor and an international judge shaped his unique perspective on the nature of justice after genocide.

Critical Thinking Questions

  • Beyond the verdicts, what impact can trials have?
  • How did national histories, agendas, and priorities affect the effort to try war criminals after the war?
  • The International Military Tribunal at Nuremberg is among the best known postwar trials. Investigate trials conducted by other countries after the Holocaust.
  • Is it ever too late for accountability?

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