The Crime of Complicity

Complicity is a ground-breaking examination of the legal culpability of the bystander told through the lens of the author's family experiences in the Holocaust. It provides an exploration of three distinct events: the death marches; the German occupation of Holland; and the German occupation of Hungary, all of which allow an in-depth discussion of the role of the bystander in varied circumstances. Through a narrative of his parents' stories, Amos Guiora, Professor of Law at the S.J. Quinney College of Law at the University of Utah, author, and former Lieutenant Colonel in the Israel Defense Force, poses the question of whether there can and should be legal liability in deciding not to act to aid another person in distress. It draws upon a wide range of historical, psychological, sociological and archival material in an effort to determine the legal and moral responsibility of the bystander.

Includes book club discussion questions!

If you are a bystander and witness a crime, should intervention to prevent that crime be a legal obligation? Or is moral responsibility enough?

In The Crime of Complicity, Amos N. Guiora addresses these profoundly important questions and the bystander-victim relationship from a deeply personal and legal perspective, focusing on the Holocaust and then exploring cases in contemporary society. Sharing the experiences of his parents, who were Holocaust survivors, and his grandparents, who did not survive, and drawing on a wide range of historical material and interviews, Guiora examines the bystander during three distinct events: death marches, the German occupation of Holland, and the German occupation of Hungary. He explains that while the Third Reich created policy, its implementation was dependent on bystander non-intervention.

Bringing the issue of intervention into current perspective, he examines sexual assault cases at Vanderbilt and Stanford Universities, as well as other crimes where bystanders chose whether or not to intervene, and the resulting consequences.

After examining the intensely personal example of his own parents’ survival of the Holocaust, Guiora asserts that a society cannot rely on morals and compassion alone in determining our obligation to help another in danger. It is ultimately, he concludes, a legal issue.

Should we make the obligation to intervene the law, and thus non-intervention a crime?