Abstract (eng)
The hypothesis that women were merely victims or passive followers during the time of National Socialism has been held in scientific discussions and public perception for decades. This assumption was based on gender differences inherent to Nazism, whereby women were not allowed to hold leading positions in the Nazi State, and that the patriarchal-embossed image of women continued to exist even after 1945. An increasingly critical examination of this question only took place towards the end of the 1970s, and an awareness was created that women in the racist policy of extermination of the Nazi regime occupied important functions despite its patriarchal orientation, and that they actively supported the Nazi regime.
Important indicators of female participation in Nazi crimes are court proceedings conducted after the World War II. The specially built people's courts (“Volksgerichte”) were responsible for the prosecution of Nazi crimes in Austria. This judicial denazification was closely linked to administrative denazification measures, which were mainly in the registry of National Socialists and imposition of atonement consequences. With the conclusion of the Austrian State Treaty and the departure of the allies, the people's courts were abolished and quickly forgotten as well as the administrative denazification measures – a concluding line should finally be drawn under the “Nazi-issue”. It was not until the mid-1990s that a scientific reappraisal of the people's courts and the denazification measures took place at the initiative of “Austrian Research Agency for Post-War Justice” (FStN). The focus was more on historical issues than legal issues.
This study firstly aims to comprehensively analyse the development of the judicial and administrative denazification legislation on the legal level. A second focal point is set on the proceedings that were performed before the people's court of Vienna against women. It will be shown in which way and to what extent women supported Nazism and were involved in Nazi crimes, and which gender role ascriptions occurred in court proceedings.
On the basis of legal texts, literature, jurisprudence and case files, the substantive and procedural criminal law norms and their application in practice, as well as the administrative denazification provisions will be examined. Legal and political factors are included in this analysis. Important to mention here is the impact of legal transformation after the war and the influence of the allied forces. To answer the question of the scope and motives of the accused women, and to investigate the trials based on the category of gender, 23 cases from the people's court of Vienna have been selected. Not only a group of people (KZ guards) or a group of offenses (e.g. violent crimes) will be examined, but also methods of “Aryanization” or “illegality”. This work clearly differs from others, which concentrate on only one of the mentioned areas, and deals with the legal prosecution of women's activities during the “prohibition time” of the NSDAP.
The jurisdiction of the people’s courts, denazification and related special legislation were substantially determined by the social and political conditions - especially the allied occupation. A major problem arose concerning different law transformation and application in the Soviet or Western-allied occupation zones. Another difficulty surfaced, especially in the early days, due to the understaffed courts and their lack of equipment.
The examined court cases show no consistent picture of “Nazi female perpetrators”. Biographical key data of the surveyed people shows different types of accused persons, both within individual types of crimes and over-reaching offences in terms of profession, education level and social status. The persons involved in Nazi crimes were manoeuvring in a scope, which would have also allowed them not to appear as Nazi criminals. The crimes were not, as often claimed, committed due to a predicament, but were based on voluntary cooperation, to different degrees, with the Nazi regime.