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See detailHistoire de la Justice au Luxembourg (1795 à nos jours). Institutions - Organisation - Acteurs
Fritz, Vera; Scuto, Denis UL; Wingerter, Elisabeth UL

Book published by De Gruyter (2022)

Detailed reference viewed: 69 (4 UL)
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See detailLaw, Order and Postwar Purge in the Grand Duchy of Luxembourg (1944 - 1955): Transitional Justice and Redistribution through the example of Justice, Gendarmerie and Police
Wingerter, Elisabeth UL

Doctoral thesis (2021)

The present doctoral thesis examines the strategies and redistributive effects of political purge in the Grand Duchy of Luxembourg after World War II. It examines in detail the judicial and administrative ... [more ▼]

The present doctoral thesis examines the strategies and redistributive effects of political purge in the Grand Duchy of Luxembourg after World War II. It examines in detail the judicial and administrative purge of justice personnel, magistrates, police officers and gendarmerie corps members, and the development of law and order in the 20th century. This study treats regulated purge measures as phenomena of transitional justice. In Luxembourg’s case, the transition in question is one of restorative and redistributive kind: The prewar sociopolitical order is largely restored, however, in the ranks of the state administrations, redistributive practices of purge have changed the internal order. The imperfect, yet initially quite severe judicial and administrative sanctions have laid the foundations for national myths and narratives that have for many years clouded the historical analysis of both the occupation and the postwar period. This happened through the redistribution of symbolic capital during the purge proceedings by classifying persons into “patriots” and “antipatriots”. The struggle of the “antipatriots” to regain their symbolic, financial and political capital after the war and their antagonism with the heterogeneous group of “patriots” often focused on perceived or real financial and professional disadvantages. While the redistribution of financial capital was gradually reversed in the postwar and efforts for reconciliation set in almost immediately after 1945, the redistribution of symbolic capital led to a social divide that was successively forgotten through the emergence of the master narrative of collective resistance. [less ▲]

Detailed reference viewed: 179 (29 UL)
See detailNational Justice vs. Occupiers’ Justice? A conflict of competence in the Grand Duchy of Luxembourg during World War I
Wingerter, Elisabeth UL

Scientific Conference (2021, September 08)

From the standpoint of international law, the entry of German troops on the territory of the Grand Duchy of Luxembourg in August 1914 violated the small state’s neutrality. While the occupying German ... [more ▼]

From the standpoint of international law, the entry of German troops on the territory of the Grand Duchy of Luxembourg in August 1914 violated the small state’s neutrality. While the occupying German authorities saw this act as an occupatio pacifica and the violation of its neutrality as a necessity in order to respond to a state of emergency, the Luxembourgish government and its justice administration had to cope with a new set of problems. The government, led by state minister Paul Eyschen, and the country’s monarchical leader Marie-Adélaïde pursued a strategy of appeasement towards the occupier, but also attempted to guard the sovereignty of their state as well as of their justice system. With the establishment of German military justice and a central police office in Luxembourg, the sovereignty of Luxembourg’s French-inspired justice was curtailed. However, German authorities made clear that they do not intend to challenge the spheres of local justice, unless cases of military relevance would arise. After all, Luxembourg was a country with close links to the Kaiserreich and an important industrial partner and therefore had to receive a privileged treatment compared to other occupied territories. However, with Luxembourgers being arrested by the German military and German soldiers committing crimes on Luxembourgish ground, the two justice systems, military and local, clashed. Since the status of the “friendly occupation” created legal misunderstandings, local judges, magistrates of the high court (cour supérieure) and German authorities stood in constant correspondence regarding a large amount of court cases and competence disputes. Consequently, in 1915, members of the high magistrate made their way to Frankfurt and Berlin to discuss the status of Luxembourgish justice. These discussions would eventually lead back to the question whether the country was truly to be considered a theater of war (Kriegsschauplatz). Overall, the discussion about the spheres of national and occupier justice became part of a much larger question: What is the legal nature of German occupation in Luxemburg? This paper explores how the two justice systems interacted and highlights court cases where their competences intertwined. These observations show how the local administration had to apply a mix of compromise and pertinacity in order to avoid open conflict but at the same time tried to keep Luxembourgish civilians out of the reach of German military justice. In doing so, several interesting observations can be made regarding the legal discussions between lawyers and prosecutors of both sides. Additionally, the paper offers an insight into a variety of local cases ranging from German soldiers marauding drunkenly on Luxemburgish streets to the arrest of a Luxembourgish judge and amateur historian. Overall, the presented paper attempts to show that while the local justice system was not altered by the occupier, it suffered a cut in its competence in certain spheres of civil justice. However, in comparison to the later Nazi occupation of Luxembourg, local justice administration and its personnel were kept in their place, but had to constantly negotiate certain aspects of civil and international law with the German authorities – often to their own disadvantage. [less ▲]

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See detailDie "mentions honorifiques" - Kann man Patriotismus bewerten?
Wingerter, Elisabeth UL

Article for general public (2021)

Detailed reference viewed: 53 (2 UL)
See detailThe Alfred Oppenheimer Testimony and Luxemburg's Master Narrative
Wingerter, Elisabeth UL; Scuto, Denis

Presentation (2019, September 26)

“Nature, thank God, is far more merciful than people”. This memorable statement is taken from Alfred Oppenheimer’s testimony during the Eichmann trial in Jerusalem, in which he describes his ordeals ... [more ▼]

“Nature, thank God, is far more merciful than people”. This memorable statement is taken from Alfred Oppenheimer’s testimony during the Eichmann trial in Jerusalem, in which he describes his ordeals during the war. Alfred Oppenheimer (1901-1993), a Jewish business owner in Luxembourg and later “Eldest of the Jews” during the Occupation by Nazi Germany (1940-1944), has shared his story of perseverance and survival in Theresienstadt and Auschwitz-Birkenau both in the context of trials and in the media. As indicated before, he served as a witness in the Eichmann trial, where he recounted his deportation from Luxembourg and the severe conditions during his imprisonment. In addition to that, he participated in the first war crimes trial in Luxembourg in 1949/50. In fact, as one of the few deported Jews from Luxembourg who survived and returned to the country after 1945, his experiences did not only serve as an essential source for historical and memorial works, but were also integrated into the Grand-Duchy’s national master narrative. They featured in various interviews, documentaries and printed media, especially in the 1980’s and 1990’s. Our presentation aims at exploring the mediatization of Alfred Oppenheimer’s testimony and its significance for Luxembourgish society and its self-perception. We will analyze its use throughout the different stages of postwar public discourse. The immediate postwar period, for instance, was marked mainly by the memory of resistance against the Nazi occupant and by the perspective of Luxembourgish prisoners of war and the forcibly recruited. At that time, Oppenheimer’s account was featured in the Rappel, a journal edited by the LPPD (Ligue luxembourgeoise des prisonniers et déportés politiques) which represented a particular and limited perspective on Luxembourg’s history during the Nazi occupation. Following a slow process of intensifying public debates in other European countries and a growing interest in historical research, public discourse in Luxembourg progressed from a dominantly resistance-driven view to a more differentiated perspective. In this context, Holocaust remembrance became more important and the Jewish victim group started to stand out. The presentation will trace the journey of Alfred Oppenheimer’s testimony throughout Luxemburg’s contemporary history and demonstrate that it is connected to the notion of a new national consciousness after WWII. It will explore how his story moved from the court to the media and how it was told in different outlets throughout society’s path towards understanding its role in the larger context of Nazi occupation, Holocaust and their aftermath in history and memory. [less ▲]

Detailed reference viewed: 199 (11 UL)
See detail„Grow into a happy future“ The development of abortion law in the German Democratic Republic and its ideological and practical implications (1945 - 1972)
Wingerter, Elisabeth UL

Bachelor/master dissertation (2016)

The master's thesis aims at exploring the laws regulating abortion and reproduction in the GDR until its legalization in 1972. These laws, their impact and mediatization are put into a comparative ... [more ▼]

The master's thesis aims at exploring the laws regulating abortion and reproduction in the GDR until its legalization in 1972. These laws, their impact and mediatization are put into a comparative perspective with the situation in the Soviet Union. The thesis further explores how ideologically charged explanations were used to legitimize abortion laws and the discrepancy between the USSR and the GDR in terms of legalization. [less ▲]

Detailed reference viewed: 95 (5 UL)
See detailAbortion in the Third Reich: Ideology and the Penal System Concerning Women in the Penal Institution in Saarbrücken, Germany
Wingerter, Elisabeth UL

Presentation (2015, March 21)

With the help of almost 200 dossiers of the Penal Institution in Saarbrücken (Germany) from the period from 1928 to 1944, I examine the situation of imprisoned German women during the Nazi Regime. I am ... [more ▼]

With the help of almost 200 dossiers of the Penal Institution in Saarbrücken (Germany) from the period from 1928 to 1944, I examine the situation of imprisoned German women during the Nazi Regime. I am focusing on the cases of illegal abortions by examining individual cases as well as common ideological and legal conceptions. The dossiers helped me to make conclusions about the gap between ideological ideas concerning the German woman and the complex and dark reality of life conditions for women. Insufficient medical and sexual education along with a legal inferiority shaped the „abortion epidemics“ among lower class women. Secondary and primary sources show that along with the gradual descent of the whole legal system into a system of institutionalized crime, economic conditions also influenced the catastrophic conditions for the pregnant lower class woman. The complexity of the cases is striking: Along with the lack of understanding for the female body, economic misery, legal problems and war, many other factors appear during the research. Pressure from the own family, social norms and Christian morals played a role. Furthermore, men were an essential part of this history as husbands, fathers or rapists. Moreover, abortions developed into a business, as groups of men and women started to help other undergo abortion for money. I also explain the most common procedure of abortion and its risks. [less ▲]

Detailed reference viewed: 80 (3 UL)
See detailAbtreibung im Dritten Reich. Ideologie im Frauenstrafvollzug am Beispiel der Strafanstalt Saarbrücken
Wingerter, Elisabeth UL

Bachelor/master dissertation (2014)

The aim of the Bachelor's thesis is to examine how national socialist principles about human reproduction and "racial purity" impacted the female inmates in the penal institution in Saarbrücken, Germany ... [more ▼]

The aim of the Bachelor's thesis is to examine how national socialist principles about human reproduction and "racial purity" impacted the female inmates in the penal institution in Saarbrücken, Germany. Over 200 personal files of German women accused of illegal abortion were examined for this study. The thesis also elaborates on conceptions of womanhood, sexuality and medical misconceptions as well as the impact of the social strata of the affected women. [less ▲]

Detailed reference viewed: 122 (9 UL)