In “Commerce and Complicity,” Elizabeth Borgwardt exhumes the elided history, distorted memory, and unpredictable legal legacy of the Nuremberg trials. By tracing the evolution of three critical principles long associated with those trials—universal jurisdiction, crimes against humanity, and individual status within the international community—she provides a nuanced explanation for Nuremberg’s relevance to the emergence of postwar human rights that helps explain why postwar human rights were both so attenuated and so unexpectedly resilient. Her essay begins to provide an answer to the question of how historians should evaluate human rights efforts that “seem simultaneously to be losing the battle but winning the war” (639).

 

Continue reading