The pariah loophole

The following opinion article appeared yesterday on the Op-Ed page of the Los Angeles Times:

John Demjanjuk’s last appeal to avoid deportation was rejected by the
U.S. Supreme Court on May 19. The 88-year-old accused Nazi
concentration camp guard was stripped of his citizenship and ordered
sent to Ukraine, his birthplace; Poland, the locus of the crimes; or
Germany, the heir to the Nazi regime under which he served.

Yet, as it now stands, he is still in the United States. Why? He can’t
be exiled unless another country agrees to accept him. For the time
being, he remains free.

In this, Demjanjuk is not alone. There are five other former Nazi
criminals against whom the U.S. Justice Department successfully
completed deportation proceedings but whom no country has been willing
to accept. Romanian-born Johann Leprich, a guard at Mauthausen camp in
Austria, is one; his deportation was finalized in 2006. Another is
Jakiw Palij, born in a region of Poland that is now in Ukraine. He was
a guard at the Trawniki labor camp in Poland (where in a single day in 1943,
6,000 prisoners were murdered), and his deportation was finalized in
January 2006. Mykola Wasylyk, another Trawniki guard also found to be
at the Budzyn camp, had his final appeal denied in 2004.

Theodor Szehinskyj, also born in a part of Ukraine that used to be
Poland, was in the SS unit called the Death’s Head Brigade and was a
guard at the Gross-Rosen, Sachsenhausen and the Warsaw concentration
camps. His deportation litigation was completed in March 2006.

Finally, there is Anton Tittjung. Tittjung was born in what was then
Yugoslavia and is now Croatia. He was a Waffen SS member and a guard at

Should any of these criminals worry that deportation is imminent,
they might take comfort from the fact that the Supreme Court declined
to hear Tittjung’s final appeal way back in 2000. He still remains free
in the United States. In addition, in recent years, four of their
denaturalized Nazi peers died before they were ever deported.

In all of these cases, the countries of their birth, such as Ukraine,
Romania, Poland or Croatia, and the countries where their crimes were
committed, such as Austria or Poland as well as Germany, were contacted
by the Justice Department, and none expressed interest in receiving
these now “stateless” persons.

There is no law, domestic or international, that requires foreign
countries to accept or extradite these former Nazis — or to give a
reason why they don’t. However, their reasons are easy to divine and
include not wanting to burden the state with these aged citizens, no
desire for an expensive investigation and trial, and fear that
nationalist or neo-Nazi elements might be aroused by reopening Nazi-era

But that does not lift their moral responsibility to accept and/or
prosecute the criminals of the Nazi era. In what society do murderers
go free? What nation can forget the crimes of the Nazi era? Given that
the victims of the Holocaust cannot cry out for justice, who will?

Poland, Ukraine and Romania might make the argument that they were
under Nazi rule at that time. Germany has no such excuse. And although
Germany has prosecuted many native-born Germans for their World War
II-era crimes, they have been less eager to do so as time goes by.
Germany has had even less interest in prosecuting those non-Germans,
like Demjanjuk, who served the Nazis in the countries they conquered —
as though Germany could draw a border around the Holocaust crimes it is
responsible for.

Regardless of any moral impetus countries might have to extradite Nazi
criminals, until now there has been no legal one. That may change. On
May 12, Sen. Gordon Smith (R-Ore.) introduced the World War II War
Crimes Accountability Act of 2008, which would require the U.S. to
evaluate foreign countries’ cooperation in extraditing or prosecuting
Nazi criminals the U.S. wants deported. Assistance or lack thereof
would affect a nation’s visa-waiver status for business travelers and

More than 50 years after the end of World War II, it is fair to ask:
Why do we care? What’s the point of expending our time, effort and
money — and that of other countries — on these old men? Why not move
on? What of forgiveness?

Forgiveness or mitigation as a legal, or even a moral, concept
should only be available to those who are willing to fully confess
their participation in the crimes of the Nazi era and express remorse.
But to date, there have been no complete confessions by the guilty and
no remorse. Demjanjuk, for example, continues to deny any Nazi
involvement whatsoever, even in the face of incontrovertible
documentary evidence unearthed after the collapse of the Soviet Union
that confirmed his presence at numerous concentration camps.

Still, time is passing. In the case of these criminals, there is
some irony in the fact that they have lived long enough to be exposed
for who they were and what they did.

If no country accepts them before they die, at least they won’t pass
from this Earth as innocents. It may not be final justice, but it is
some comfort.

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Copyright 2008 Tommywood