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During the Cold War, Italy’s suspiciously painless transition from Axis power to democratic ally was often blamed upon foreign (American) pressure as well as the political influence of the Vatican. In reality matters were more complex. To be sure, the Catholic Church got off very lightly indeed, in view of Pius XII’s warm relations with Fascism and the pro-actively blind eye he turned to Nazi crimes in Italy and elsewhere. Church pressure was brought to bear. And the Anglo-American military authorities certainly were reluctant to remove compromised administrators while they were trying to re-establish normal life throughout the peninsula. And on the whole the purge of Fascists was more efficiently carried out in regions where the left-wing Resistance and its political representatives held sway.

But it was Palmiro Togliatti, the 51-year old leader of the Italian Communist Party who, as Minister of Justice in the post-war coalition government, drafted the June 1946 Amnesty. After two decades in exile and many years as a high-ranking official in the Communist International, Togliatti had few illusions about what was and what was not possible in the aftermath of the European war. Upon his return from Moscow, in March 1944, he announced in Salerno his Party’s commitment to national unity and parliamentary democracy—to the confusion and surprise of many of his followers.

In a country where many millions of people, by no means all of them on the political Right, were compromised by their association with Fascism, Togliatti saw little advantage in pushing the nation to the brink of civil war—or, rather, in prolonging a civil war already under way. Far better to work for the re-establishment of order and normal life, leave the Fascist era behind, and seek power through the ballot box. Moreover Togliatti, from his privileged standpoint as a senior figure in the international Communist movement whose strategic perspective reached beyond the shores of Italy, had the Greek situation in mind as a caution and a warning.

In Greece, despite a significant level of wartime collaboration among the bureaucratic and business elites, post-war purges were directed not at the Right but the Left. This was a unique case but a revealing one. The civil war of 1944-45 had convinced the British that only the firm re-establishment of a conservative regime in Athens would stabilize this small but strategically vital country. To purge or otherwise threaten businessmen or politicians who had worked with Italians or Germans could have radical implications in a country where the revolutionary Left seemed poised to seize power.

In short order, then, the threat to stability in the Aegean and south Balkans switched from the retreating German army to the well-dug-in Greek Communists and their partisan allies in the mountains. Very few people were severely punished for wartime collaboration with the Axis powers, but the death penalty was liberally assigned in the war against the Left. Because no consistent distinction was drawn in Athens between left-wing partisans who had fought against Hitler and Communist guerillas trying to bring down the post-war Greek state (and indeed, more often than not, they were the same men), it was wartime resisters rather than their collaborationist enemies who were likely to find themselves tried and imprisoned in the coming years—and excluded from civil life for decades afterwards: even their children and grandchildren would pay the price, often being refused employment in the bloated state sector until well into the 1970s.

The purges and trials in Greece were thus blatantly political. But so, in a sense, were the more conventional proceedings in western Europe. Any judicial process brought about as the direct consequence of a war or a political struggle is political. The mood at the trials of Pierre Laval or Philippe Pétain in France, or the police chief Pietro Caruso in Italy, was hardly that of a conventional judicial proceeding. Score-settling, blood-letting, revenge and political calculation played a crucial role in these and many other post-war trials and purges. This consideration needs to be borne in mind as we turn to official post-war retribution in central and eastern Europe.

There is no doubt that from the point of view of Stalin and the Soviet occupation authorities throughout the territories under Red Army control, the trials and other punishments of collaborators, Fascists and Germans were always and above all a way of clearing the local political and social landscape of impediments to Communist rule. The same applied to Tito’s Yugoslavia. Many men and women were accused of Fascist felonies when their major crime was membership of the wrong national or social group, association with an inconvenient religious community or political party, or simply an awkward visibility or popularity in the local community. Purges, land expropriation, expulsions, prison sentences and executions aimed at extirpating incriminated political opponents were important staging points in a process of social and political transformation, as we shall see. But they also targeted and punished genuine Fascists and war criminals

Thus in the course of his attack on the Catholic church in Croatia Tito also prosecuted the notorious Cardinal Alois Stepinac of Zagreb, apologist for some of the worst crimes of the Croat Ustase regime, who might well have considered himself fortunate to spend the next fourteen years under house arrest before dying in his bed in 1960. Draza Mihajlović, the Chetnik leader, was tried and executed in July 1946. In his wake many tens of thousands of other non-Communists were killed in the two years following Yugoslavia’s liberation. They were all victims of a politically-motivated policy of revenge; but considering their wartime actions in the Chetniks, the Ustasa, the Slovenian White Guard or as armed Domobranci many of them would have received heavy sentences under any system of law.[14] The Yugoslavs executed and deported many ethnic Hungarians for their role in Hungarian military massacres in the Vojvodina during January 1942, and their land was made over to non-Hungarian supporters of the new regime. This was a calculated political move, but in many cases the victims were surely guilty as charged.

Yugoslavia was a particularly tangled case. Further north, in Hungary, post-war Peoples’ Courts really did begin by trying actual war criminals, notably activists in the pro-German regimes of Döme Sztójay and Ferenc Szálasi during 1944. The ratio of fascists and collaborators condemned in Hungary did not exceed the numbers found guilty in post-war Belgium or the Netherlands—and there is no doubt that they committed serious crimes, including anticipating and enthusiastically executing German plans to round up and transport to their death hundreds of thousands of Hungarian Jews. Only later did the Hungarian authorities add categories like ‘sabotage’ and ‘conspiracy’, whose overt purpose was to net a broader range of opponents and others likely to resist a Communist takeover.

In Czechoslovakia the Extraordinary Peoples’ Courts, established by Presidential Decree on May 19th 1945, handed out 713 death sentences, 741 life sentences and 19,888 shorter prison terms to ‘traitors, collaborators and fascist elements from the ranks of the Czech and Slovak nation’. The language is redolent of Soviet legalspeak and certainly anticipates Czechoslovakia’s grim future. But there really had been traitors, collaborators and Fascists in occupied Czechoslovakia; one of them, Father Tiso, was hanged on April 18th 1947. Whether Tiso and others received a fair trial—whether they could have received a fair trial in the atmosphere of the time—is a legitimate question. But the treatment they got was no worse than that accorded to, say, Pierre Laval. Post-war Czech justice was much preoccupied with the troubling and vague category of ‘crimes against the nation’, a device for visiting collective punishment on Sudeten Germans especially. But the same was true of French justice in those years, with perhaps less cause.

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The Domobran was the wartime Croatian Home Guard. Of course Tito’s Communist partisans had frequently behaved no better: but they won.