Michael Bazyler, professor of law at Chapman University’s Dale E. Fowler School of Law, and Lindsey Hagen, a JD student at the same institution, discussed how the Nuremberg trials can serve as a model for seeking justice for genocide during the Ukraine War at a lecture and discussion on Oct. 23. “Preserving the Post WWII Legal Order: The Necessity of Delivering Nuremberg-style Justice to Ukraine War Perpetrators” was hosted by the Center for Freedom and Western Civilization and co-sponsored by the Forum on the Study of Cultural Heritage and the Russian and Eurasian Studies Program.
As part of this event, Prof. Bazyler and Ms. Hagen co-taught a session of Prof. Guile’s ARTS -360 “Borderlands” course, which focuses on art and architectural heritage in East-Central Europe, leading students through a discussion of the relationship between human rights law and the protection of cultural heritage in the event of armed conflict, in relation to the 1948 Genocide Convention. Students had an opportunity to have lunch with the guests and enjoy continued, informal conversation beyond the classroom. The multi-part visit continued on the following day, with guests and students attending a screening at the Hamilton Theater of the documentary film, “Music Under the Swastika.”
Bazyler and Hagen spoke about the timeline of Russia’s invasion of Ukraine and gave examples of how the Nuremberg trials convicted Holocaust perpetrators during World War II. They discussed how similar trials could eventually be used to bring Russian President Vladimir Putin and others responsible for genocide in Ukraine to justice. Hagen says Putin’s indictment by the International Criminal Court is a show of solidarity by the international community against Russia’s incursion. Even if Putin hasn’t been arrested, Hagan says there has been an impact, including the cancellation of a trip to South Africa, a country bound by treaties to arrest Putin.
“I believe it’s unlikely unless there is a regime change, that he’s arrested and dragged to the Hague to stand trial, but I do think serving an arrest warrant is still something that has an effect and is worth doing,” Hagan says.
Bazyler says those who were in their 20s during World War II became heroes later on, and that this was an important moment in history for the torch to be passed to today’s young lawyers and students who will help bring about justice for those who commit war crimes and genocide today, “so they can create a better world than unfortunately we are living in right now.”
“My strong belief is that this issue will be going on for a long time, just like the end of World War II,” Bazyler says. “Undergraduates and students now in law school need to start looking at Ukraine, learning Ukrainian, and finding out about the legal and humanitarian aspects of it. You will be the ones who are needed.”
Carolyn Guile, associate professor of art and co-director of the Center for Freedom and Western Civilization, moderated the lecture with Bazyler and Hagen approaching the topic from the legal perspective. Guile explained how it applies to her interest in cultural heritage protection during armed conflict.
“You don’t need a legal background to understand why the reasons for this topic are important and what it has to do with the notions and ideals the center stands for — freedom, democracy, state sovereignty, human rights, justice, and all these things that are so important,” Guile told the audience.
A full recording of this lecture, including a question and answer session with the audience, may be viewed here. For more information on Center for Freedom and Western Civilization events, subscribe to the center’s newsletter.
Michael Bazyler is a professor of law and the 1939 Law Scholar in Holocaust and Human Rights studies. Prof. Bazyler is the lead author of the upcoming Ukraine War Law Handbook, the first legal text on Russia’s war in Ukraine, to be published in 2024. He is the holder of previous fellowships at Harvard Law School and the United States Holocaust Memorial Museum in Washington, D.C. In fall 2006, he was a research fellow at Yad Vashem in Jerusalem (The Holocaust Martyrs’ and Heroes’ Remembrance Authority of Israel) and the holder of the Baron Friedrich Carl von Oppenheim Chair for the study of racism, antisemitism, and the Holocaust. Before joining Chapman in 2008, he was a professor for 25 years at Whittier Law School. He received his BA from UCLA and his JD from USC.
Lindsey Hagen serves currently as a legal researcher for World Without Genocide, where she advocates for the creation and expansion of policies to benefit the victims of Russia’s war in Ukraine who have come to the United States. She has also collaborated with the FBI by providing research and intelligence briefs concerning Transnational Repression activities of Russian nationals in the U.S.