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Eichmann in Jerusalem
Hannah Arendt
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Note to the Reader
This is a revised and enlarged edition of the book which first appeared in May, 1963 ! covered
the "ich#ann trial at $er%sale# in 1961 for The New &orker, where this acco%nt, slightly
abbreviated, was originally p%blished in 'ebr%ary and March, 1963 The book was written in the
s%##er and fall of 1962, and finished in Nove#ber of that year d%ring #y stay as a 'ellow of the
(enter for )dvanced *t%dies at +esleyan ,niversity
The revisions for this edition concern abo%t a do-en technical errors, none of which has any
bearing on the analysis or arg%#ent of the original te.t The fact%al record of the period in
/%estion has not yet been established in all its details, and there are certain #atters on which an
infor#ed g%ess will probably never be s%perseded by co#pletely reliable infor#ation Th%s the
total n%#ber of $ewish victi#s of the 'inal *ol%tion is a g%ess 0 between fo%r and a half and si.
#illion 0 that has never been verified, and the sa#e is tr%e of the totals for each of the co%ntries
concerned *o#e new #aterial, especially on 1olland, ca#e to light after the p%blication of this
book, b%t none of it was i#portant for the event as a whole
Most of the additions are also of a technical nat%re, clarifying a partic%lar point, introd%cing new
facts, or, in so#e instances, /%otations fro# different so%rces These new so%rces have been
added to the 2ibliography and are disc%ssed in the new 3ostscript, which deals with the
controversy that followed the original p%blication )part fro# the 3ostscript, the only non0technical
addition concerns the 4er#an anti01itler conspiracy of $%ly 25, 1966, which ! had #entioned only
incidentally in the original version The character of the book as a whole is co#pletely %naltered
Thanks are d%e to Richard and (lara +inston for their help in preparing the te.t of the 3ostscript
for this edition
1)NN)1 )R"N7T
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$%ne, 1966
18 The 1o%se of $%stice
92eth 1a#ishpath9 0 the 1o%se of $%stice8 these words sho%ted by the co%rt %sher at the top of
his voice #ake %s :%#p to o%r feet as they anno%nce the arrival of the three :%dges, who, bareheaded,
in black robes, walk into the co%rtroo# fro# a side entrance to take their seats on the
highest tier of the raised platfor#, Their long table, soon to be covered with inn%#erable books
and #ore than fifteen h%ndred doc%#ents, is flanked at each end by the co%rt stenographers
7irectly below the :%dges are the translators, whose services are needed for direct e.changes
between the defendant or his co%nsel and the co%rt; otherwise, the 4er#an0speaking acc%sed
party, like al#ost everyone else in the a%dience, follows the 1ebrew proceedings thro%gh the
si#%ltaneo%s radio trans#ission, which is e.cellent in 'rench, bearable in "nglish, and sheer
co#edy, fre/%ently inco#prehensible, in 4er#an <!n view of the scr%p%lo%s fairness of all
technical arrange#ents for the trial, it is a#ong the #inor #ysteries of the new *tate of !srael
that, with its high percentage of 4er#an0born people, it was %nable to find an ade/%ate translator
into the only lang%age the acc%sed and his co%nsel co%ld %nderstand 'or the old pre:%dice
against 4er#an $ews, once very prono%nced in !srael, is no longer strong eno%gh to acco%nt for
it Re#ains as e.plication the even older and still very powerf%l 9=ita#in 3,9 as the !sraelis call
protection in govern#ent circles and the b%rea%cracy> ?ne tier below the translators, facing each
other and hence with their profiles t%rned to the a%dience, we see the glass booth of the acc%sed
and the witness bo. 'inally, on the botto# tier, with their backs to the a%dience, are the
prosec%tor with his staff of fo%r assistant attorneys, and the co%nsel for the defense, who d%ring
the first weeks is acco#panied by an assistant
)t no ti#e is there anything theatrical in the cond%ct of the :%dges Their walk is %nst%died, their
sober and intense attention, visibly stiffening %nder the i#pact of grief as they listen to the tales of
s%ffering, is nat%ral; their i#patience with the prosec%tor@s atte#pt to drag o%t these hearings
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forever is spontaneo%s and refreshing, their attit%de to the defense perhaps a shade over0polite,
as tho%gh they had always in #ind that 97r *ervati%s stood al#ost alone in this stren%o%s battle,
in an %nfa#iliar environ#ent,9 their #anner toward the acc%sed always beyond reproach They
are so obvio%sly three good and honest #en that one is not s%rprised that none of the# yields to
the greatest te#ptation to playact in this setting 0 that of pretending that they, all three born and
ed%cated in 4er#any, #%st wait for the 1ebrew translation Moshe Aanda%, the presiding :%dge,
hardly ever withholds his answer %ntil the translator has done his work, and he fre/%ently
interferes in the translation, correcting and i#proving, evidently gratef%l for this bit of distraction
fro# an otherwise gri# b%siness Months later, d%ring the cross0e.a#ination of the acc%sed, he
will even lead his colleag%es to %se their 4er#an #other tong%e in the dialog%e with "ich#ann 0
a proof, if proof were still needed, of his re#arkable independence of c%rrent p%blic opinion in
!srael
There is no do%bt fro# the very beginning that it is $%dge Aanda% who sets the tone, and that he
is doing his best, his very best, to prevent this trial fro# beco#ing a show trail %nder the infl%ence
of the prosec%tor@s love of show#anship )#ong the reasons he cannot always s%cceed is the
si#ple fact that the proceedings happen on a stage before an a%dience, with the %sher@s
#arvelo%s sho%t at the beginning of each session prod%cing the effect of the rising c%rtain
+hoever planned this a%ditori%# in the newly b%ilt 2eth 1a@a#, the 1o%se of the 3eople <now
s%rro%nded by high fences, g%arded fro# roof to cellar by heavily ar#ed police, and with a row of
wooden barracks in the front co%rtyard in which all co#ers arc e.pertly frisked>, had a theater in
#ind, co#plete with orchestra and gallery, with prosceni%# and stage, and with side doors for the
actors@ entrance (learly, this co%rtroo# is not a bad place for the show trial 7avid 2en04%rion,
3ri#e Minister of !srael, had in #ind when he decided to have "ich#ann kidnaped in )rgentina
and bro%ght to the 7istrict (o%rt of $er%sale# to stand trial for his role in the 9final sol%tion of the
$ewish /%estion9 )nd 2en04%rion, rightly called the 9architect of the state,9 re#ains the invisible
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stage #anager of the proceedings Not once does he attend a session; in the co%rtroo# he
speaks with the voice of 4ideon 1a%sner, the )ttorney 4eneral, who, representing the
govern#ent, does his best, his very best, to obey his #aster )nd if, fort%nately, his best often
t%rns o%t not to be good eno%gh, the reason is that the trial is presided over by so#eone who
serves $%stice as faithf%lly as Mr 1a%sner serves the *tate of !srael $%stice de#ands that the
acc%sed be prosec%ted, defended, and :%dged, and that all the other /%estions of see#ingly
greater i#port 0 of 91ow co%ld it happenC9 and 9+hy did it happenC,9 of 9+hy the $ewsC9 and
9+hy the 4er#ansC,9 of 9+hat was the role of other nationsC9 and 9+hat was the e.tent of
coresponsibility
on the side of the )lliesC,9 of 91ow co%ld the $ews thro%gh their own leaders
cooperate in their own destr%ctionC9 and 9+hy did they go to their death like la#bs to the
sla%ghterC9 0 be left in abeyance $%stice insists on the i#portance of )dolf "ich#ann, son of Darl
)dolf "ich#ann, the #an in the glass booth b%ilt for his protection8 #edi%#0si-ed, slender,
#iddle0aged, with receding hair, ill0fitting teeth, and nearsighted eyes, who thro%gho%t the trial
keeps craning his scraggy neck toward the bench <not once does he face the a%dience>, and who
desperately and for the #ost part s%ccessf%lly #aintains his self0control despite the nervo%s tic to
which his #o%th #%st have beco#e s%b:ect long before this trial started ?n trial are his deeds,
not the s%fferings of the $ews, not the 4er#an people or #ankind, not even anti0*e#itis# and
racis#
)nd $%stice, tho%gh perhaps an 9abstraction9 for those of Mr 2en04%rion@s t%rn of #ind, proves
to be a #%ch sterner #aster than the 3ri#e Minister with all his power The latter@s r%le, as Mr
1a%sner is not slow in de#onstrating, is per#issive; it per#its the prosec%tor to give
pressconferences
and interviews for television d%ring the trial <the )#erican progra#, sponsored by
the 4lick#an (orporation, is constantly interr%pted 0 b%siness as %s%al 0 by real0estate
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advertising>, and even 9spontaneo%s9 o%tb%rsts to reporters in the co%rt b%ilding 0 he is sick of
cross0e.a#ining "ich#ann, who answers all /%estions with lies; it per#its fre/%ent side glances
into the a%dience, and the theatrics characteristic of a #ore than ordinary vanity, which finally
achieves its tri%#ph in the +hite 1o%se with a co#pli#ent on 9a :ob well done9 by the 3resident
of the ,nited *tates $%stice does not per#it anything of the sort; it de#ands secl%sion, it per#its
sorrow rather than anger, and it prescribes the #ost caref%l abstention fro# all the nice pleas%res
of p%tting oneself in the li#elight $%dge Aanda%@s visit to this co%ntry shortly after the trial was not
p%blici-ed, e.cept a#ong the $ewish organi-ations for which it was %ndertaken
&et no #atter how consistently the :%dges sh%nned the li#elight, there they were, seated at the
top of the raised platfor#, facing the a%dience as fro# the stage in a play The a%dience was
s%pposed to represent the whole world, and in the first few weeks it indeed consisted chiefly of
newspaper#en and #aga-ine writers who had flocked to $er%sale# fro# the fo%r corners of the
earth They were to watch a spectacle as sensational as the N%re#berg Trials, only this ti#e 9the
tragedy of $ewry as a whole was to be the central concern9 'or 9if we shall charge E"ich#annF
also with cri#es against non0$ews, this is9 not beca%se he co##itted the#, b%t, s%rprisingly,
9beca%se we #ake no ethnic distinctions9 (ertainly a re#arkable sentence for a prosec%tor to
%tter in his opening speech; it proved to be the key sentence in the case for the prosec%tion 'or
this case wasG b%ilt on what the $ews had s%ffered, not on what "ich#ann had done )nd,
according to Mr 1a%sner, this distinction wo%ld be i##aterial, beca%se 9there was only one #an
who had been concerned al#ost entirely with the $ews, whose b%siness had been their
destr%ction, whose role in the establish#ent of the ini/%ito%s regi#e had been li#ited to the#
That was )dolf "ich#ann9 +as it not logical to bring before the co%rt all the facts of $ewish
s%ffering <which, of co%rse, were never in disp%te> and then look for evidence which in one way or
another wo%ld connect "ich#ann with what had happenedC The N%re#berg Trials, where the
defendants had been 9indicted for cri#es against the #e#bers of vario%s nations,9 had left the
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$ewish tragedy o%t of acco%nt for the si#ple reason that "ich#ann had not been there
7id Mr 1a%sner really believe the N%re#berg Trials wo%ld have paid greater attention to the fate
of the $ews if "ich#ann had been in the dockC 1ardly Aike al#ost everybody else in !srael, he
believed that only a $ewish co%rt co%ld render :%stice to $ews, and that it was the b%siness of
$ews to sit in :%dg#ent on their ene#ies 1ence the al#ost %niversal hostility in !srael to the #ere
#ention of an international co%rt which wo%ld have indicted "ich#ann, not for cri#es 9against the
$ewish people,9 b%t for cri#es against #ankind co##itted on the body of the $ewish people
1ence the strange boast8 9+e #ake no ethnic distinctions,9 which so%nded less strange in !srael,
where rabbinical law r%les the personal stat%s of $ewish citi-ens, with the res%lt that no $ew can
#arry a non0$ew; #arriages concl%ded abroad are recogni-ed, b%t children of #i.ed #arriages
are legally bastards <children of $ewish parentage born o%t of wedlock are legiti#ate>, and if one
happens to have a non0$ewish #other he can neither be #arried nor b%ried The o%trage in this
state of affairs has beco#e #ore ac%te since 19B3, when a si-able portion of :%risdiction in
#atters of fa#ily law was handed over to the sec%lar co%rts +o#en can now inherit property and
in general en:oy e/%al stat%s with #en 1ence it is hardly respect for the faith or the power of the
fanatically religio%s #inority that prevents the govern#ent of !srael fro# s%bstit%ting sec%lar
:%risdiction for rabbinical law in #atters of #arriage and divorce !sraeli citi-ens, religio%s and
nonreligio%s, see# agreed %pon the desirability of having a law which prohibits inter#arriage, and
it is chiefly for this reason 0 as !sraeli officials o%tside the co%rtroo# were willing to ad#it 0 that
they are also agreed %pon the %ndesirability of a written constit%tion in which s%ch a law wo%ld
e#barrassingly have to be spelled o%t <9The arg%#ent against civil #arriage is that it wo%ld split
the 1o%se of !srael, and wo%ld also separate $ews of this co%ntry fro# $ews of the 7iaspora,9 as
3hilip 4illon recently p%t it in $ewish 'rontier> +hatever the reasons, there certainly was
so#ething breathtaking in the naivetI with which the prosec%tion deno%nced the infa#o%s
N%re#berg Aaws of 193B, which had prohibited inter#arriage and se.%al interco%rse between
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$ews and 4er#ans The better infor#ed a#ong the correspondents were well aware of the irony,
b%t they did not #ention it in their reports This, they fig%red, was not the ti#e to tell the $ews
what was wrong with the laws and instit%tions of their own co%ntry
!f the a%dience at the trial was to be the world and the play the h%ge panora#a of $ewish
s%fferings, the reality was falling short of e.pectations and p%rposes The :o%rnalists re#ained
faithf%l for not #%ch #ore than two weeks, after which the a%dience changed drastically !t was
now s%pposed to consist of !sraelis, of those who were too yo%ng to know the story or, as in the
case of ?riental $ews, had never been told it The trial was s%pposed to show the# what it #eant
to live a#ong non0$ews, to convince the# that only in !srael co%ld a $ew be safe and live an
honorable life <'or correspondents, the lesson was spelled o%t in a little booklet on !srael@s legal
syste#, which was handed to the press !ts a%thor, 7oris Aankin, cites a *%pre#e (o%rt decision
whereby two fathers who had 9abd%cted their children and bro%ght the# to !srael9 were directed
to send the# back to their #others who, living abroad, had a legal right to their c%stody )nd this,
adds the a%thor 0 no less pro%d of s%ch strict legality than Mr 1a%sner of his willingness to
prosec%te #%rder even when the victi#s were non0$ews 0 9despite the fact that to send the
children back to #aternal c%stody and care wo%ld be co##itting the# to waging an %ne/%al
str%ggle against the hostile ele#ents in the 7iaspora9> 2%t in this a%dience there were hardly any
yo%ng people, and it did not consist of !sraelis as disting%ished fro# $ews !t was filled with
9s%rvivors,9 with #iddle0aged and elderly people, i##igrants fro# "%rope, like #yself, who knew
by heart all there was to know, and who were in no #ood to learn any lessons and certainly did
not need this trial to draw their own concl%sions )s witness followed witness and horror was
piled %pon horror, they sat there and listened in p%blic to stories they wo%ld hardly have been
able to end%re in private, when they wo%ld have had to face the storyteller )nd the #ore 9the
cala#ity of the $ewish people in this generation9 %nfolded and the #ore grandiose Mr 1a%sner@s
rhetoric beca#e, the paler and #ore ghostlike beca#e the fig%re in the glass booth, and no
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finger0wagging8 9)nd there sits the #onster responsible for all this,9 co%ld sho%t hi# back to life
!t was precisely the play aspect of the trial that collapsed %nder the weight of the hair0raising
atrocities ) trial rese#bles a play in that both begin and end with the doer, not with the victi# )
show trial needs even #ore %rgently than an ordinary trial a li#ited and well0defined o%tline of
what was done and how it was done !n the center of a trial can only be the one who did 0 in this
respect, he is like the hero in the play 0 and if he s%ffers, he #%st s%ffer for what he has done, not
for what he has ca%sed others to s%ffer No one knew this better than the presiding :%dge, before
whose eyes the trial began to degenerate into a bloody show, 9a r%dderless ship tossed abo%t on
the waves9 2%t if his efforts to prevent this were often defeated, the defeat was, strangely, in part
the fa%lt of the defense, which hardly ever rose to challenge any testi#ony, no #atter how
irrelevant and i##aterial it #ight be 7r *ervati%s, as everybody invariably addressed hi#, was a
bit bolder when it ca#e to the s%b#ission of doc%#ents, and the #ost i#pressive of his rare
interventions occ%rred when the prosec%tion introd%ced as evidence the diaries of 1ans 'rank,
for#er 4overnor 4eneral of 3oland and one of the #a:or war cri#inals hanged at N%re#berg 9!
have only one /%estion !s the na#e )dolf "ich#ann, the na#e of the acc%sed, #entioned in
those twenty0nine vol%#es Ein fact, there were thirty0eightFC The na#e )dolf "ich#ann is not
#entioned in all those twenty0nine vol%#es Thank yo%, no #ore /%estions9
Th%s, the trial never beca#e a play, b%t the show 2en04%rion had had in #ind to begin with did
take place, or, rather, the 9lessons9 he tho%ght sho%ld be ta%ght to $ews and 4entiles, to !sraelis
and )rabs, in short, to the whole world These lessons to be drawn fro# an identical show were
#eant to be different for the different recipients 2en04%rion had o%tlined the# before the trial
started, in a n%#ber of articles designed to e.plain why !srael had kidnaped the acc%sed There
was the lesson to the non0$ewish world8 9+e want to establish before the nations of the world
how #illions of people, beca%se they happened to be $ews, and one #illion babies, beca%se they
happened to be $ewish babies, were #%rdered by the Na-is9 ?r, in the words of 7avar, the
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organ of Mr 2en04%rion@s Mapai party8 9Aet world opinion know this, that not only Na-i 4er#any
was responsible for the destr%ction of si. #illion $ews of "%rope9 1ence, again in 2en04%rion@s
own words, 9+e want the nations of the world to know and they sho%ld be asha#ed9 The
$ews in the 7iaspora were to re#e#ber how $%dais#, 9fo%r tho%sand years old, with its spirit%al
creations and its ethical strivings, its Messianic aspirations,9 had always faced 9a hostile world,9
how the $ews had degenerated %ntil they went to their death like sheep, and how only the
establish#ent of a $ewish state had enabled $ews to hit back, as !sraelis had done in the +ar of
!ndependence, in the *%e- advent%re, and in the al#ost daily incidents on !srael@s %nhappy
borders )nd if the $ews o%tside !srael had to be shown the difference between !sraeli herois#
and $ewish s%b#issive #eekness, there was a lesson for those inside !srael too8 9the generation
of !sraelis who have grown %p since the holoca%st9 were in danger of losing their ties with the
$ewish people and, by i#plication, with their own history 9!t is necessary that o%r yo%th
re#e#ber what happened to the $ewish people +e want the# to know the #ost tragic facts in
o%r history9 'inally, one of the #otives in bringing "ich#ann to trial was 9to ferret o%t other Na-is
0 for e.a#ple, the connection between the Na-is and so#e )rab r%lers9
!f these had been the only :%stifications for bringing )dolf "ich#ann to the 7istrict (o%rt of
$er%sale#, the trial wo%ld have been a fail%re on #ost co%nts !n so#e respects, the lessons
were s%perfl%o%s, and in others positively #isleading )nti0*e#itis# has been discredited, thanks
to 1itler, perhaps not forever b%t certainly for the ti#e being, and this not beca%se the $ews have
beco#e #ore pop%lar all of a s%dden b%t beca%se, in Mr 2en04%rion@s own words, #ost people
have 9reali-ed that in o%r day the gas cha#ber and the soap factory are what anti0*e#itis# #ay
lead to9 "/%ally s%perfl%o%s was the lesson to the $ews in the 7iaspora, who hardly needed the
great catastrophe in which one0third of their people perished to be convinced of the world@s
hostility Not only has their conviction of the eternal and %bi/%ito%s nat%re of anti0*e#itis# been
the #ost potent ideological factor in the Kionist #ove#ent since the 7reyf%s )ffair; it was also the
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ca%se of the otherwise ine.plicable readiness of the 4er#an $ewish co##%nity to negotiate with
the Na-i a%thorities d%ring the early stages of the regi#e
<Needless to say, these negotiations were separated by an abyss fro# the later collaboration of
the $%denrLte No #oral /%estions were involved yet, only a political decision whose 9realis#9
was debatable8 9concrete9 help, th%s the arg%#ent ran, was better than 9abstract9 den%nciations
!t was Realpolitik witho%t Machiavellian overtones, and its dangers ca#e to light years later, after
the o%tbreak of the war, when these daily contacts between the $ewish organi-ations and the
Na-i b%rea%cracy #ade it so #%ch easier for the $ewish f%nctionaries to cross the abyss between
helping $ews to escape and helping the Na-is to deport the#> !t was this conviction which
prod%ced the dangero%s inability of the $ews to disting%ish between friend and foe; and 4er#an
$ews were not the only ones to %nderesti#ate their ene#ies beca%se they so#ehow tho%ght that
all 4entiles were alike !f 3ri#e Minister 2en04%rion, to all practical p%rposes the head of the
$ewish *tate, #eant to strengthen this kind of 9$ewish conscio%sness,9 he was ill advised; for a
change in this #entality is act%ally one of the indispensable prere/%isites for !sraeli statehood,
which by definition has #ade of the $ews a people a#ong peoples, a nation a#ong nations, a
state a#ong states, depending now on a pl%rality which no longer per#its the age0old and,
%nfort%nately, religio%sly anchored dichoto#y of $ews and 4entiles
The contrast between !sraeli herois# and the s%b#issive #eekness with which $ews went to
their death 0 arriving on ti#e at the transportation points, walking on their own feet to the places of
e.ec%tion, digging their own graves, %ndressing and #aking neat piles of their clothing, and lying
down side by side to be shot 0 see#ed a fine point, and the prosec%tor, asking witness after
witness, 9+hy did yo% not protestC,9 9+hy did yo% board the trainC,9 9'ifteen tho%sand people
were standing there and h%ndreds of g%ards facing yo% 0 why didn@t yo% revolt and charge and
attackC,9 was elaborating it for all it was worth 2%t the sad tr%th of the #atter is that the point was
ill taken, for no non0$ewish gro%p or people had behaved differently *i.teen years ago, while still
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%nder the direct i#pact of the events, 7avid Ro%sset, a for#er in#ate of 2%chenwald, described
what we know happened in all concentration ca#ps8 9The tri%#ph of the ** de#ands that the
tort%red victi# allow hi#self to be led to the noose witho%t protesting, that he reno%nce and
abandon hi#self to the point of ceasing to affir# his identity )nd it is not for nothing !t is not
grat%ito%sly, o%t of sheer sadis#, that the ** #en desire his defeat They know that the syste#
which s%cceeds in destroying its victi# before he #o%nts the scaffold is inco#parably the
best for keeping a whole people in slavery !n s%b#ission Nothing is #ore terrible than these
processions of h%#an beings going like d%##ies to their deaths9 <Aes lo%rs de notre #ort, 196H>
The co%rt received no answer to this cr%el and silly /%estion, b%t one co%ld easily have fo%nd an
answer had he per#itted his i#agination to dwell for a few #in%tes on the fate of those 7%tch
$ews who in 1961, in the old $ewish /%arter of )#sterda#, dared to attack a 4er#an sec%rity
police detach#ent 'o%r h%ndred and thirty $ews were arrested in reprisal and they were literally
tort%red to death, first in 2%chenwald and then in the )%strian ca#p of Ma%tha%sen 'or #onths
on end they died a tho%sand deaths, and every single one of the# wo%ld have envied his
brethren in )%schwit- and even in Riga and Minsk There e.ist #any things considerably worse
than death, and the ** saw to it that none of the# was ever very far fro# their victi#s@ #inds
and i#agination !n this respect, perhaps even #ore significantly than in others, the deliberate
atte#pt at the trial to tell only the $ewish side of the story distorted the tr%th, even the $ewish
tr%th The glory of the %prising in the +arsaw ghetto and the herois# of the few others who
fo%ght back lay precisely in their having ref%sed the co#paratively easy death the Na-is offered
the#0before the firing s/%ad or in the gas cha#ber )nd the witnesses in $er%sale# who testified
to resistance and rebellion, to 9the s#all place Eit hadF in the history of the holoca%st,9 confir#ed
once #ore the fact that only the very yo%ng had been capable of taking 9the decision that we
cannot go and be sla%ghtered like sheep9
!n one respect, Mr 2en04%rion@s e.pectations for the trial were not altogether disappointed; it did
13
indeed beco#e an i#portant instr%#ent for ferreting o%t other Na-is and cri#inals, b%t not in the
)rab co%ntries, which had openly offered ref%ge to h%ndreds of the# The 4rand M%fti@s
connections with the Na-is d%ring the war were no secret; he had hoped they wo%ld help hi# in
the i#ple#entation of so#e 9final sol%tion9 in the Near "ast 1ence, newspapers in 7a#asc%s
and 2eir%t, in (airo and $ordan, did not hide their sy#pathy for "ich#ann or their regret that he
9had not finished the :ob9; a broadcast fro# (airo on the day the trial opened even in:ected a
slightly anti04er#an note into its co##ents, co#plaining that there was not 9a single incident in
which one 4er#an plane flew over one $ewish settle#ent and dropped one bo#b on it
thro%gho%t the last world war9 That )rab nationalists have been in sy#pathy with Na-is# is
notorio%s, their reasons are obvio%s, and neither 2en04%rion nor this trial was needed 9to ferret
the# o%t9; they never were in hiding The trial revealed only that all r%#ors abo%t "ich#ann@s
connection with 1a: )#in el 1%sseini, the for#er M%fti of $er%sale#, were %nfo%nded <1e had
been introd%ced to the M%fti d%ring an official reception, along with all other depart#ental heads>
The M%fti had been in close contact with the 4er#an 'oreign ?ffice and with 1i##ler, b%t this
was nothing new
!f 2en04%rion@s re#ark abo%t 9the connection between Na-is and so#e )rab r%lers9 was
pointless, his fail%re to #ention present0day +est 4er#any in this conte.t was s%rprising ?f
co%rse, it was reass%ring to hear that !srael does 9not hold )dena%er responsible for 1itler,9 and
that 9for %s a decent 4er#an, altho%gh he belongs to the sa#e nation that twenty years ago
helped to #%rder #illions of $ews, is a decent h%#an being9 <There was no #ention of decent
)rabs> The 4er#an 'ederal Rep%blic, altho%gh it has not yet recogni-ed the *tate of !srael 0
pres%#ably o%t of fear that the )rab co%ntries #ight recogni-e ,lbricht@s 4er#any 0 has paid
seven h%ndred and thirty0seven #illion dollars in reparation to !srael d%ring the last ten years;
these pay#ents will soon co#e to an end, and !srael is now trying to negotiate a long0ter# loan
fro# +est 4er#any 1ence, the relationship between the two co%ntries, and partic%larly the
16
personal relationship between 2en04%rion and )dena%er, has been /%ite good, and if, as an
after#ath of the trial, so#e dep%ties in the Dnesset, the !sraeli 3arlia#ent, s%cceeded in
i#posing certain restraints on the c%lt%ral0e.change progra# with +est 4er#any, this certainly
was neither foreseen nor hoped for by 2en04%rion !t is #ore noteworthy that he had not
foreseen, or did not care to #ention, that "ich#ann@s capt%re wo%ld trigger the first serio%s effort
#ade by 4er#any to bring to trial at least those who were directly i#plicated in #%rder The
(entral )gency for the !nvestigation of Na-i (ri#es, belatedly fo%nded by the +est 4er#an state
in 19BJ and headed by 3rosec%tor "rwin *chMle, had r%n into all kinds of diffic%lties, ca%sed
partly by the %nwillingness of 4er#an witnesses to cooperate and partly by the %nwillingness of
the local co%rts to prosec%te on the basis of the #aterial sent the# fro# the (entral )gency Not
that the trial in $er%sale# prod%ced any i#portant new evidence of the kind needed for the
discovery of "ich#ann@s associates; b%t the news of "ich#ann@s sensational capt%re and of the
i#pending trial had s%fficient i#pact to pers%ade the local co%rts to %se Mr *chMle@s findings, and
to overco#e the native rel%ctance to do anything abo%t 9#%rderers in o%r #idst9 by the ti#ehonored
#eans of posting rewards for the capt%re of well0known cri#inals
The res%lts were a#a-ing *even #onths after "ich#ann@s arrival in $er%sale# 0 and fo%r #onths
before the opening of the trial 0 Richard 2aer, s%ccessor to R%dolf 1Nss as (o##andant of
)%schwit-, co%ld finally be arrested !n rapid s%ccession, #ost of the #e#bers of the so0called
"ich#ann (o##ando 0 'ran- Novak, who lived as a printer in )%stria; 7r ?tto 1%nsche, who
had settled as a lawyer in +est 4er#any; 1er#ann Dr%#ey, who had beco#e a dr%ggist; 4%stav
Richter, for#er 9$ewish adviser9 in R%#ania; and +illi KNpf, who had filled the sa#e post in
)#sterda# 0 were arrested also; altho%gh evidence against the# had been p%blished in
4er#any years before, in books and #aga-ine articles, not one of the# had fo%nd it necessary to
live %nder an ass%#ed na#e 'or the first ti#e since the close of the war, 4er#an newspapers
were f%ll of reports on the trials of Na-i cri#inals, all of the# #ass #%rderers <after May, 1965,
1B
the #onth of "ich#ann@s capt%re, only first0degree #%rder co%ld be prosec%ted; all other
offenses were wiped o%t by the stat%te of li#itations, which is twenty years for #%rder>, and the
rel%ctance of the local co%rts to prosec%te these cri#es showed itself only in the fantastically
lenient sentences #eted o%t to the acc%sed <Th%s, 7r ?tto 2radfisch, of the "insat-gr%ppen, the
#obile killing %nits of the ** in the "ast, was sentenced to ten years of hard labor for the killing
of fifteen tho%sand $ews; 7r ?tto 1%nsche, "ich#ann@s legal e.pert and personally responsible
for a last0#in%te deportation of so#e twelve h%ndred 1%ngarian $ews, of who# at least si.
h%ndred were killed, received a sentence of five years of hard labor; and $oseph Aechthaler, who
had 9li/%idated9 the $ewish inhabitants of *l%tsk and *#olevichi in R%ssia, was sentenced to
three years and si. #onths> )#ong the new arrests were people of great pro#inence %nder the
Na-is, #ost of who# had already been dena-ified by the 4er#an co%rts ?ne of the# was **
4eneral Darl +olff, for#er chief of 1i##ler@s personal staff, who, according to a doc%#ent
s%b#itted in 1966 at N%re#berg, had greeted 9with partic%lar :oy9 the news that 9for two weeks
now a train has been carrying, every day, five tho%sand #e#bers of the (hosen 3eople9 fro#
+arsaw to Treblinka, one of the "astern killing centers )nother was +ilhel# Doppe, who had at
first #anaged the gassing in (hel#no and then beco#e s%ccessor to 'riedrich0+ilhel# DrMger in
3oland ?ne of the #ost pro#inent a#ong the 1igher ** Aeaders whose task it had been to
#ake 3oland :%denrein, in postwar 4er#any Doppe was director of a chocolate factory 1arsh
sentences were occasionally #eted o%t, b%t were even less reass%ring when they went to s%ch
offenders as "rich von de# 2ach0Kelewski, for#er 4eneral of the 1igher ** and 3olice Aeader
(orps 1e had been tried in 1961 for his participation in the Roh# rebellion in 1936 and
sentenced to three and one half years; he was then indicted again in 1962 for the killing of si.
4er#an (o##%nists in 1933, tried before a :%ry in N%re#berg, and sentenced to life Neither
indict#ent #entioned that 2ach0Kelewski had been anti0partisan chief on the "astern front or that
he had participated in the $ewish #assacres at Minsk and Mogilev, in +hite R%ssia *ho%ld
16
4er#an co%rts, on the prete.t that war cri#es are no cri#es, #ake 9ethnic distinctions9C ?r is it
possible that what was an %n%s%ally harsh sentence, at least in 4er#an postwar co%rts, was
arrived at beca%se 2ach0Kelewski was a#ong the very few who act%ally had s%ffered a nervo%s
breakdown after the #ass killings, had tried to protect $ews fro# the "insat-gr%ppen, and had
testified for the prosec%tion at N%re#bergC 1e was also the only one in this category who in 19B2
had deno%nced hi#self p%blicly for #ass #%rder, b%t he was never prosec%ted for it
There is little hope that things will change now, even tho%gh the )dena%er ad#inistration has
been forced to weed o%t of the :%diciary #ore than a h%ndred and forty :%dges and prosec%tors,
along with #any police officers with #ore than ordinarily co#pro#ising pasts, and to dis#iss
+olfgang !##erwahr 'rLnkel, the chief prosec%tor of the 'ederal *%pre#e (o%rt, beca%se, his
#iddle na#e notwithstanding, he had been less than candid when asked abo%t his Na-i past !t
has been esti#ated that of the eleven tho%sand five h%ndred :%dges in the 2%ndesrep%blik, five
tho%sand were active in the co%rts %nder the 1itler regi#e !n Nove#ber, 1962, shortly after the
p%rging of the :%diciary and si. #onths after "ich#ann@s na#e had disappeared fro# the news,
the long awaited trial of Martin 'ellen- took place at 'lensb%rg in an al#ost e#pty co%rtroo#
The for#er 1igher ** and 3olice Aeader, who had been a pro#inent #e#ber of the 'ree
7e#ocratic 3arty in )dena%er@s 4er#any, was arrested in $%ne, 1965, a few weeks after
"ich#ann@s capt%re 1e was acc%sed of participation in and partial responsibility for the #%rder of
forty tho%sand $ews in 3oland )fter #ore than si. weeks of detailed testi#ony, the prosec%tor
de#anded the #a.i#%# penalty 0 a life sentence of hard labor )nd the co%rt sentenced 'ellen-
to fo%r years, two and a half of which he had already served while waiting in :ail to be tried 2e
that as it #ay, there is no do%bt that the "ich#ann trial had its #ost far0reaching conse/%ences
in 4er#any The attit%de of the 4er#an people toward their own past, which all e.perts on the
4er#an /%estion had p%--led over for fifteen years, co%ld hardly have been #ore clearly
de#onstrated8 they the#selves did not #%ch care one way or the other, and did not partic%larly
1H
#ind the presence of #%rderers at large in the co%ntry, since none of the# were likely to co##it
#%rder of their own free will; however, if world opinion 0 or rather, what the 4er#ans called das
)%sland, collecting all co%ntries o%tside 4er#any into a sing%lar no%n 0 beca#e obstinate and
de#anded that these people be p%nished, they were perfectly willing to oblige, at least %p to a
point
(hancellor )dena%er had foreseen e#barrass#ent and voiced his apprehension that the trial
wo%ld 9stir %p again all the horrors9 and prod%ce a new wave of anti04er#an feeling thro%gho%t
the world, as indeed it did 7%ring the ten #onths that !srael needed to prepare the trial, 4er#any
was b%sy bracing herself against its predictable res%lts by showing an %nprecedented -eal for
searching o%t and prosec%ting Na-i cri#inals within the co%ntry 2%t at no ti#e did either the
4er#an a%thorities or any significant seg#ent of p%blic opinion de#and "ich#ann@s e.tradition,
which see#ed the obvio%s #ove, since every sovereign state is :ealo%s of its right to sit in
:%dg#ent on its own offenders <The official position of the )dena%er govern#ent that this was
not possible beca%se there e.isted no e.tradition treaty between !srael and 4er#any is not valid;
that #eant only that !srael co%ld not have been forced to e.tradite 'rit- 2a%er, )ttorney 4eneral
of 1essen, saw the point and applied to the federal govern#ent in 2onn to start e.tradition
proceedings 2%t Mr 2a%er@s feelings in this #atter were the feelings of a 4er#an $ew, and they
were not shared by 4er#an p%blic opinion; his application was not only ref%sed by 2onn, it was
hardly noticed and re#ained totally %ns%pported )nother arg%#ent against e.tradition, offered
by the observers the +est 4er#an govern#ent sent to $er%sale#, was that 4er#any had
abolished capital p%nish#ent and hence was %nable to #ete o%t the sentence "ich#ann
deserved !n view of the leniency shown by 4er#an co%rts to Na-i #ass #%rderers, it is diffic%lt
not to s%spect bad faith in this ob:ection *%rely, the greatest political ha-ard of an "ich#ann trial
in 4er#any wo%ld have been ac/%ittal for lack of #ens rea, as $ $ $ansen pointed o%t in the
Rheinischer Merk%r E)%g%st 11, 1961F>
1J
There is another, #ore delicate, and politically #ore relevant, side to this #atter !t is one thing to
ferret o%t cri#inals and #%rderers fro# their hiding places, and it is another thing to find the#
pro#inent and flo%rishing in the p%blic real# 0 to enco%nter inn%#erable #en in the federal and
state ad#inistrations and, generally, in p%blic office whose careers had bloo#ed %nder the 1itler
regi#e Tr%e, if the )dena%er ad#inistration had been too sensitive abo%t e#ploying officials with
a co#pro#ising Na-i past, there #ight have been no ad#inistration at all 'or the tr%th is, of
co%rse, the e.act opposite of 7r )dena%er@s assertion that only 9a relatively s#all percentage9 of
4er#ans had been Na-is, and that a 9great #a:ority Ehad beenF happy to help their $ewish
fellowciti-ens
when they co%ld9 <)t least one 4er#an newspaper, the 'rankf%rter R%ndscha%, asked
itself the obvio%s /%estion, long overd%e 0 why so #any people who #%st have known, for
instance, the record of the chief prosec%tor had kept silent 0 and then ca#e %p with the even
#ore obvio%s answer8 92eca%se they the#selves felt incri#inated9> The logic of the "ich#ann
trial, as 2en04%rion conceived of it, with its stress on general iss%es to the detri#ent of legal
niceties, wo%ld have de#anded e.pos%re of the co#plicity of all 4er#an offices and a%thorities in
the 'inal *ol%tion 0 of all civil servants in the state #inistries, of the reg%lar ar#ed forces, with
their 4eneral *taff, of the :%diciary, and of the b%siness world 2%t altho%gh the prosec%tion as
cond%cted by Mr 1a%sner went as far afield as to p%t witness after witness on the stand who
testified to things that, while gr%eso#e and tr%e eno%gh, had no or only the slightest connection
with the deeds of the acc%sed, it caref%lly avoided to%ching %pon this highly e.plosive #atter 0
%pon the al#ost %bi/%ito%s co#plicity, which had stretched far beyond the ranks of 3arty
#e#bership <There were widespread r%#ors prior to the trial that "ich#ann had na#ed 9several
h%ndred pro#inent personalities of the 'ederal Rep%blic as his acco#plices,9 b%t these r%#ors
were not tr%e !n his opening speech, Mr 1a%sner #entioned "ich#ann@s 9acco#plices in the
cri#e who were neither gangsters nor #en of the %nderworld,9 and pro#ised that we sho%ld
19
9enco%nter the# 0 doctors and lawyers, scholars, bankers, and econo#ists 0 in those co%ncils
that resolved to e.ter#inate the $ews9 This pro#ise was not kept, nor co%ld it have been kept in
the for# in which it was #ade 'or there never e.isted a 9co%ncil that resolved9 anything, and the
9robed dignitaries with acade#ic degrees9 never decided on the e.ter#ination of the $ews, they
only ca#e together to plan the necessary steps in carrying o%t an order given by 1itler> *till, one
s%ch case was bro%ght to the attention of the co%rt, that of 7r 1ans 4lobke, one of )dena%er@s
closest advisers, who, #ore than twenty0five years ago, was co0a%thor of an infa#o%s
co##entary on the N%re#berg Aaws and, so#ewhat later, a%thor of the brilliant idea of
co#pelling all 4er#an $ews to take 9!srael9 or 9*arah9 as a #iddle na#e 2%t Mr 4lobke@s na#e
0 and only his na#e 0 was inserted into the 7istrict (o%rt proceedings by the defense, and
probably only in the hope of 9pers%ading9 the )dena%er govern#ent to start e.tradition
proceedings )t any rate, the for#er Ministerialrat of the !nterior and present *taatssekretLr in
)dena%er@s (hancellery do%btless had #ore right than the e.0M%fti of $er%sale# to fig%re in the
history of what the $ews had act%ally s%ffered fro# the Na-is
'or it was history that, as far as the prosec%tion was concerned, stood in the center of the trial 9!t
is not an individ%al that is in the dock at this historic trial, and not the Na-i regi#e alone, b%t
anti*e#itis#
thro%gho%t history9 This was the tone set by 2en04%rion and faithf%lly followed by Mr
1a%sner, who began his opening address <which lasted thro%gh three sessions> with 3haraoh in
"gypt and 1a#an@s decree 9to destroy, to slay, and to ca%se the# to perish9 1e then proceeded
to /%ote "-ekiel8 9)nd when ! Ethe AordF passed by thee, and saw thee poll%ted in thine own
blood, ! said %nto thee8 !n thy blood, live,9 e.plaining that these words #%st be %nderstood as 9the
i#perative that has confronted this nation ever since its first appearance on the stage of history9
!t was bad history and cheap rhetoric; worse, it was clearly at cross0p%rposes with p%tting
"ich#ann on trial, s%ggesting that perhaps he was only an innocent e.ec%tor of so#e
25
#ysterio%sly foreordained destiny, or, for that #atter, even of anti0*e#itis#, which perhaps was
necessary to bla-e the trail of 9the bloodstained road traveled by this people9 to f%lfill its destiny
) few sessions later, when 3rofessor *alo + 2aron of (ol%#bia ,niversity had testified to the
#ore recent history of "astern "%ropean $ewry, 7r *ervati%s co%ld no longer resist te#ptation
and asked the obvio%s /%estions8 9+hy did all this bad l%ck fall %pon the $ewish peopleC9 and
97on@t yo% think that irrational #otives are at the basis of the fate of this peopleC 2eyond the
%nderstanding of a h%#an beingC9 !s not there perhaps so#ething like 9the spirit of history, which
brings history forward witho%t the infl%ence @of #enC9 !s not Mr 1a%sner basically in
agree#ent with 9the school of historical law9 0 an all%sion to 1egel 0 and has he not shown that
what 9the leaders do will not always lead to the ai# and destination they wantedC 1ere the
intention was to destroy the $ewish people and the ob:ective was not reached and a new
flo%rishing *tate ca#e into being9 The arg%#ent of the defense had now co#e perilo%sly close
to the newest anti0*e#itic notion abo%t the "lders of Kion, set forth in all serio%sness a few
weeks earlier in the "gyptian National )sse#bly by 7ep%ty 'oreign Minister 1%ssain K%lficar
*abri8 1itler was innocent of the sla%ghter of the $ews; he was a victi# of the Kionists, who had
9co#pelled hi# to perpetrate cri#es that wo%ld event%ally enable the# to achieve their ai# 0 the
creation of the *tate of !srael9 ".cept that 7r *ervati%s, following the philosophy of history
e.po%nded by the prosec%tor, had p%t 1istory in the place %s%ally reserved for the "lders of Kion
7espite the intentions of 2en04%rion and all the efforts of the prosec%tion, there re#ained an
individ%al in the dock, a person of flesh and blood; and if 2en04%rion did 9not care what verdict is
delivered against "ich#ann,9 it was %ndeniably the sole task of the $er%sale# co%rt to deliver
one
!! 8 The )cc%sed
?tto )dolf, son of Darl )dolf "ich#ann and Maria nIe *chefferling, ca%ght in a s%b%rb of 2%enos
)ires on the evening of May 11, 1965, flown to !srael nine days later, bro%ght to trial in the 7istrict
21
(o%rt in $er%sale# on )pril 11, 1961, stood acc%sed on fifteen co%nts8 9together with others9 he
had co##itted cri#es against the $ewish people, cri#es against h%#anity, and war cri#es
d%ring the whole period of the Na-i regi#e and especially d%ring the period of the *econd +orld
+ar The Na-is and Na-i (ollaborators <3%nish#ent> Aaw of 19B5, %nder which he was tried,
provides that 9a person who has co##itted one of these offenses is liable to the death
penalty9 To each co%nt "ich#ann pleaded8 9Not g%ilty in the sense of the indict#ent9
!n what sense then did he think he was g%iltyC !n the long cross0e.a#ination of the acc%sed,
according to hi# 9the longest ever known,9 neither the defense nor the prosec%tion nor, finally,
any of the three :%dges ever bothered to ask hi# this obvio%s /%estion 1is lawyer, Robert
*ervati%s of (ologne, hired by "ich#ann and paid by the !sraeli govern#ent <following the
precedent set at the N%re#berg Trials, where all attorneys for the defense were paid by the
Trib%nal of the victorio%s powers>, answered the /%estion in a press interview8 9"ich#ann feels
g%ilty before 4od, not before the law,9 b%t this answer re#ained witho%t confir#ation fro# the
acc%sed hi#self The defense wo%ld apparently have preferred hi# to plead not g%ilty on the
gro%nds that %nder the then e.isting Na-i legal syste# he had not done anything wrong, that
what he was acc%sed of were not cri#es b%t 9acts of state,9 over which no other state has
:%risdiction <par in pare# i#peri%# non habet>, that it had been his d%ty to obey and that, in
*ervati%s@ words, he had co##itted acts 9for which yo% are decorated if yo% win and go to the
gallows if yo% lose9 <Th%s 4oebbels had declared in 19638 9+e will go down in history as the
greatest states#en of all ti#es or as their greatest cri#inals9> ?%tside !srael <at a #eeting of the
(atholic )cade#y in 2avaria, devoted to what the Rheinischer Merk%r called 9the ticklish
proble#9 of the 9possibilities and li#its in the coping with historical and political g%ilt thro%gh
cri#inal proceedings9>, *ervati%s went a step farther, and declared that 9the only legiti#ate
cri#inal proble# of the "ich#ann trial lies in prono%ncing :%dg#ent against his !sraeli captors,
which so far has not been done9 0 a state#ent, incidentally, that is so#ewhat diffic%lt to reconcile
22
with his repeated and widely p%blici-ed %tterances in !srael, in which he called the cond%ct of the
trial 9a great spirit%al achieve#ent,9 co#paring it favorably with the N%re#berg Trials
"ich#ann@s own attit%de was different 'irst of all, the indict#ent for #%rder was wrong8 9+ith the
killing of $ews ! had nothing to do ! never killed a $ew, or a non0$ew, for that #atter 0 ! never
killed any h%#an being ! never gave an order to kill either a $ew or a non0$ew; ! :%st did not do
it,9 or, as he was later to /%alify this state#ent, 9!t so happened that ! had not once to do it9 0
for he left no do%bt that he wo%ld have killed his own father if he had received an order to that
effect 1ence he repeated over and over <what he had already stated in the so0called *assen
doc%#ents, the interview that he had given in 19BB in )rgentina to the 7%tch :o%rnalist *assen, a
for#er ** #an who was also a f%gitive fro# :%stice, and that, after "ich#ann@s capt%re, had
been p%blished in part by Aife in this co%ntry and by 7er *tern in 4er#any> that he co%ld be
acc%sed only of 9aiding and abetting9 the annihilation of the $ews, which he declared in
$er%sale# to have been 9one of the greatest cri#es in the history of 1%#anity9 The defense paid
no attention to "ich#ann@s own theory, b%t the prosec%tion wasted #%ch ti#e in an %ns%ccessf%l
effort to prove that "ich#ann had once, at least, killed with his own hands <a $ewish boy in
1%ngary>, and it spent even #ore ti#e, and #ore s%ccessf%lly, on a note that 'ran-
Rade#acher, the $ewish e.pert in the 4er#an 'oreign ?ffice, had scribbled on one of the
doc%#ents dealing with &%goslavia d%ring a telephone conversation, which read8
9"ich#ann proposes shooting9 This t%rned o%t to be the only 9order to kill,9 if that is what it was,
for which there e.isted even a shred of evidence
The evidence was #ore /%estionable than it appeared to be d%ring the trial, at which the :%dges
accepted the prosec%tor@s version against "ich#ann@s categorical denial 0 a denial that was very
ineffective, since he had forgotten the 9brief incident Ea #ere eight tho%sand peopleF which was
not so striking,9 as *ervati%s p%t it The incident took place in the a%t%#n of 1961, si. #onths
after 4er#any had occ%pied the *erbian part of &%goslavia The )r#y had been plag%ed by
23
partisan warfare ever since, and it was the #ilitary a%thorities who decided to solve two proble#s
at a stroke by shooting a h%ndred $ews and 4ypsies as hostages for every dead 4er#an soldier
To be s%re, neither $ews nor 4ypsies were partisans, b%t, in the words of the responsible civilian
officer in the #ilitary govern#ent, a certain *taatsrat 1arald T%rner, 9the $ews we had in the
ca#ps EanyhowF; after all, they too are *erb nationals, and besides, they have to disappear9
</%oted by Ra%l 1ilberg in The 7estr%ction of the "%ropean $ews, 1961> The ca#ps had been
set %p by 4eneral 'ran- 2oh#e, #ilitary governor of the region, and they ho%sed $ewish #ales
only Neither 4eneral 2oh#e nor *taatsrat T%rner waited for "ich#ann@s approval before starting
to shoot $ews and 4ypsies by the tho%sand The tro%ble began when 2oh#e, witho%t cons%lting
the appropriate police and ** a%thorities, decided to deport all his $ews, probably in order to
show that no special troops, operating %nder a different co##and, were re/%ired to #ake *erbia
:%denrein "ich#ann was infor#ed, since it was a #atter of deportation, and he ref%sed approval
beca%se the #ove wo%ld interfere with other plans; b%t it was not "ich#ann b%t Martin A%ther, of
the 'oreign ?ffice, who re#inded 4eneral 2oh#e that 9!n other territories E#eaning R%ssiaF other
#ilitary co##anders have taken care of considerably greater n%#bers of $ews witho%t even
#entioning it9 !n any event, if "ich#ann act%ally did 9propose shooting,9 he told the #ilitary only
that they sho%ld go on doing what they had done all along, and that the /%estion of hostages was
entirely in their own co#petence ?bvio%sly, this was an )r#y affair, since only #ales were
involved The i#ple#entation of the 'inal *ol%tion in *erbia started abo%t si. #onths later, when
wo#en and children were ro%nded %p and disposed of in #obile gas vans 7%ring crosse.a#ination,
"ich#ann, as %s%al, chose the #ost co#plicated and least likely e.planation8
Rade#acher had needed the s%pport of the 1ead ?ffice for Reich *ec%rity, "ich#ann@s o%tfit, for
his own stand on the #atter in the 'oreign ?ffice, and therefore had forged the doc%#ent
<Rade#acher hi#self e.plained the incident #%ch #ore reasonably at his own trial, before a
+est 4er#an co%rt in 19B28 9The )r#y was responsible for order in *erbia and had to kill
26
rebellio%s $ews by shooting9 This so%nded #ore pla%sible b%t was a lie, for we know 0 fro# Na-i
so%rces 0 that the $ews were not 9rebellio%s9> !f it was diffic%lt to interpret a re#ark #ade over
the phone as an order, it was #ore diffic%lt to believe that "ich#ann had been in a position to
give orders to the generals of the )r#y
+o%ld he then have pleaded g%ilty if he had been indicted as an accessory to #%rderC 3erhaps,
b%t he wo%ld have #ade i#portant /%alifications +hat he had done was a cri#e only in
retrospect, and he had always been a law0abiding citi-en, beca%se 1itler@s orders, which he had
certainly e.ec%ted to the best of his ability, had possessed 9the force of law9 in the Third Reich
<The defense co%ld have /%oted in s%pport of "ich#ann@s thesis the testi#ony of one of the
bestknown
e.perts on constit%tional law in the Third Reich, Theodor Ma%n-, c%rrently Minister of
"d%cation and (%lt%re in 2avaria, who stated in 1963 Ein 4estalt and Recht der 3oli-eiF8 9The
co##and of the 'Mhrer is the absol%te center of the present legal order9> Those who today
told "ich#ann that he co%ld have acted differently si#ply did not know, or had forgotten, how
things had been 1e did not want to be one of those who now pretended that 9they had always
been against it,9 whereas in fact they had been very eager to do what they were told to do
1owever, ti#es change, and he, like 3rofessor Ma%n-, had 9arrived at different insights9 +hat he
had done he had done, he did not want to deny it; rather, he proposed 9to hang #yself in p%blic
as a warning e.a#ple for all anti0*e#ites on this earth9 2y this he did not #ean to say that he
regretted anything8 9Repentance is for little children9 <*icO>
"ven %nder considerable press%re fro# his lawyer, he did not change this position !n a
disc%ssion of 1i##ler@s offer in 1966 to e.change a #illion $ews for ten tho%sand tr%cks, and his
own role in this plan, "ich#ann was asked8 9Mr +itness, in the negotiations with yo%r s%periors,
did yo% e.press any pity for the $ews and did yo% say there was roo# to help the#C9 )nd he
replied8 9! a# here %nder oath and #%st speak the tr%th Not o%t of #ercy did ! la%nch this
2B
transaction9 0 which wo%ld have been fine, e.cept that it was not "ich#ann who 9la%nched9 it 2%t
he then contin%ed, /%ite tr%thf%lly8 9My reasons ! e.plained this #orning,9 and they were as
follows8 1i##ler had sent his own #an to 2%dapest to deal with #atters of $ewish e#igration
<+hich, incidentally, had beco#e a flo%rishing b%siness8 for enor#o%s a#o%nts of #oney, $ews
co%ld b%y their way o%t "ich#ann, however, did not #ention this> !t was the fact that 9here
#atters of e#igration were dealt with by a #an who did not belong to the 3olice 'orce9 that #ade
hi# indignant, 9beca%se ! had to help and to i#ple#ent deportation, and #atters of e#igration,
on which ! considered #yself an e.pert, were assigned to a #an who was new to the %nit !
was fed %p ! decided that ! had to do so#ething to take #atters of e#igration into #y own
hands9
Thro%gho%t the trial, "ich#ann tried to clarify, #ostly witho%t s%ccess, this second point in his
plea of 9not g%ilty in the sense of the indict#ent9 The indict#ent i#plied not only that he had
acted on p%rpose, which he did not deny, b%t o%t of base #otives and in f%ll knowledge of the
cri#inal nat%re of his deeds )s for the base #otives, he was perfectly s%re that he was not what
he called an innerer *chweineh%nd, a dirty bastard in the depths of his heart; and as for his
conscience, he re#e#bered perfectly well that he wo%ld have had a bad conscience only if he
had not done what he had been ordered to to 0 to ship #illions of #en, wo#en, and children to
their death with great -eal and the #ost #etic%lo%s care This, ad#ittedly, was hard to take 1alf
a do-en psychiatrists had certified hi# as 9nor#al9 0 9More nor#al, at any rate, than ! a# after
having e.a#ined hi#,9 one of the# was said to have e.clai#ed, while another had fo%nd that his
whole psychological o%tlook, his attit%de toward his wife and children, #other and father,
brothers, sisters, and friends, was 9not only nor#al b%t #ost desirable9 0 and finally the #inister
who had paid reg%lar visits to hi# in prison after the *%pre#e (o%rt had finished hearing his
appeal reass%red everybody by declaring "ich#ann to be 9a #an with very positive ideas9
2ehind the co#edy of the so%l e.perts lay the hard fact that his was obvio%sly no case of #oral
26
let alone legal insanity <Mr 1a%sner@s recent revelations in the *at%rday "vening 3ost of things
he 9co%ld not bring o%t at the trial9 have contradicted the infor#ation given infor#ally in
$er%sale# "ich#ann, we are now told, had been alleged by the psychiatrists to be 9a #an
obsessed with a dangero%s and insatiable %rge to kill,9 9a perverted, sadistic personality9 !n
which case he wo%ld have belonged in an insane asyl%#> +orse, his was obvio%sly also no case
of insane hatred of $ews, of fanatical anti0*e#itis# or indoctrination of any kind 1e 9personally9
never had anything whatever against $ews; on the contrary, he had plenty of 9private reasons9 for
not being a $ew hater To be s%re, there were fanatic anti0*e#ites a#ong his closest friends, for
instance APs-lo "ndre, *tate *ecretary in (harge of 3olitical <$ewish> )ffairs in 1%ngary, who
was hanged in 2%dapest in 1966; b%t this, according to "ich#ann, was #ore or less in the spirit
of 9so#e of #y best friends are anti0*e#ites9
)las, nobody believed hi# The prosec%tor did not believe hi#, beca%se that was not his :ob
(o%nsel for the defense paid no attention beca%se he, %nlike "ich#ann, was, to all appearances,
not interested in /%estions of conscience )nd the :%dges did not believe hi#, beca%se they were
too good, and perhaps also too conscio%s of the very fo%ndations of their profession, to ad#it that
an average, 9nor#al9 person, neither feeble0#inded nor indoctrinated nor cynical, co%ld be
perfectly incapable of telling right fro# wrong They preferred to concl%de fro# occasional lies
that he was a liar 0 and #issed the greatest #oral and even legal challenge of the whole case
Their case rested on the ass%#ption that the defendant, like all 9nor#al persons,9 #%st have
been aware of the cri#inal nat%re of his acts, and "ich#ann was indeed nor#al insofar as he
was 9no e.ception within the Na-i regi#e9 1owever, %nder the conditions of the Third Reich only
9e.ceptions9 co%ld be e.pected to react 9nor#ally9 This si#ple tr%th of the #atter created a
dile##a for the :%dges which they co%ld neither resolve nor escape
1e was born on March 19, 1956, in *olingen, a 4er#an town in the Rhineland fa#o%s for its
knives, scissors, and s%rgical instr%#ents 'ifty0fo%r years later, ind%lging in his favorite pasti#e
2H
of writing his #e#oirs, he described this #e#orable event as follows8 9Today, fifteen years and a
day after May J, 196B, ! begin to lead #y tho%ghts back to that nineteenth of March of the year
1956, when at five o@clock in the #orning ! entered life on earth in the aspect of a h%#an being9
<The #an%script has not been released by the !sraeli a%thorities 1arry M%lisch s%cceeded in
st%dying this a%tobiography 9for half an ho%r,9 and the 4er#an0$ewish weekly 7er )%fba% was
able to p%blish short e.cerpts fro# it> )ccording to his religio%s beliefs, which had not changed
since the Na-i period <in $er%sale# "ich#ann declared hi#self to be a 4ottglL%biger, the Na-i
ter# for those who had broken with (hristianity, and he ref%sed to take his oath on the 2ible>, this
event was to be ascribed to 9a higher 2earer of Meaning,9 an entity so#ehow identical with the
9#ove#ent of the %niverse,9 to which h%#an life, in itself devoid of 9higher #eaning,9 is s%b:ect
<The ter#inology is /%ite s%ggestive To call 4od a 1Nheren *innestrLger #eant ling%istically to
give hi# so#e place in the #ilitary hierarchy, since the Na-is had changed the #ilitary 9recipient
of orders,9 the 2efehlse#pfLnger, into a 9bearer of orders,9 a 2efehlstrLger, indicating, as in the
ancient 9bearer of ill tidings,9 the b%rden of responsibility and of i#portance that weighed
s%pposedly %pon those who had to e.ec%te orders Moreover, "ich#ann, like everyone
connected with the 'inal *ol%tion, was officially a 9bearer of secrets,9 a 4ehei#nistrLger, as well,
which as far as self0i#portance went certainly was nothing to snee-e at >Q2%t "ich#ann, not very
#%ch interested in #etaphysics, re#ained sing%larly silent on any #ore inti#ate relationship
between the 2earer of Meaning and the bearer of orders, and proceeded to a consideration of the
other possible ca%se of his e.istence, his parents8 9They wo%ld hardly have9 been so over:oyed at
the arrival of their first0born had they been able to watch how in the ho%r of #y birth the Norn of
#isfort%ne, to spite the Norn of good fort%ne, was already spinning threads of grief and sorrow
into #y life 2%t a kind, i#penetrable veil kept #y parents fro# seeing into the f%t%re9
The #isfort%ne started soon eno%gh; it started in school "ich#ann@s father, first an acco%ntant
for the Tra#ways and "lectricity (o#pany in *olingen and after 1913 an official of the sa#e
2J
corporation in )%stria, in Ain-, had five children, fo%r sons and a da%ghter, of who# only )dolf,
the eldest, it see#s, was %nable to finish high school, or even to grad%ate fro# the vocational
school for engineering into which he was then p%t Thro%gho%t his life, "ich#ann deceived
people abo%t his early 9#isfort%nes9 by hiding behind the #ore honorable financial #isfort%nes of
his father !n !srael, however, d%ring his first sessions with (aptain )vner Aess, the police
e.a#iner who was to spend appro.i#ately 3B days with hi# and who prod%ced 3,B66 typewritten
pages fro# H6 recorder tapes, he was in an eb%llient #ood, f%ll of enth%sias# abo%t this %ni/%e
opport%nity 9to po%r forth everything ! know9 and, by the sa#e token, to advance to the rank
of the #ost cooperative defendant ever <1is enth%sias# was soon da#pened, tho%gh never
/%ite e.ting%ished, when he was confronted with concrete /%estions based on irref%table
doc%#ents> The best proof of his initial bo%ndless confidence, obvio%sly wasted on (aptain Aess
<who said to 1arry M%lisch8 9! was Mr "ich#ann@s father confessor9>, was that for the first ti#e in
his life he ad#itted his early disasters, altho%gh he #%st have been aware of the fact that he th%s
contradicted hi#self on several i#portant entries in all his official Na-i records
+ell, the disasters were ordinary8 since he 9had not e.actly been the #ost hard0working9 p%pil 0
or, one #ay add, the #ost gifted 0 his father had taken hi# first fro# high school and then fro#
vocational school, long before grad%ation 1ence, the profession that appears on all his official
doc%#ents8 constr%ction engineer, had abo%t as #%ch connection with reality as the state#ent
that his birthplace was 3alestine and that he was fl%ent in 1ebrew and &iddish 0 another o%tright
lie "ich#ann had loved to tell both to his ** co#rades and to his $ewish victi#s !t was in the
sa#e vein that he had always pretended he had been dis#issed fro# his :ob as sales#an for the
=ac%%# ?il (o#pany in )%stria beca%se of #e#bership in the National *ocialist 3arty The
version he confided to (aptain Aess was less dra#atic, tho%gh probably not the tr%th either8 he
had been fired beca%se it was a ti#e of %ne#ploy#ent, when %n#arried e#ployees were the first
to lose their :obs <This e.planation, which at first see#s pla%sible, is not very satisfactory,
29
beca%se he lost his :ob in the spring of 1933, when he had been engaged for two f%ll years to
=eronika, or =era, Aiebl, who later beca#e his wife +hy had he not #arried her before, when he
still had a good :obC 1e finally #arried in March, 193B, probably beca%se bachelors in the **,
as in the =ac%%# ?il (o#pany, were never s%re of their :obs and co%ld not be pro#oted>
(learly, bragging had always been one of his cardinal vices
+hile yo%ng "ich#ann was doing poorly in school, his father left the Tra#way and "lectricity
(o#pany and went into b%siness for hi#self 1e bo%ght a s#all #ining enterprise and p%t his
%npro#ising yo%ngster to work in it as an ordinary #ining laborer, b%t only %ntil he fo%nd hi# a
:ob in the sales depart#ent of the ?berNsterreichischen "lektroba% (o#pany, where "ich#ann
re#ained for over two years 1e was now abo%t twenty0two years old and witho%t any prospects
for a career; the only thing he had learned, perhaps, was how to sell +hat then happened was
what he hi#self called his first break, of which, again, we have two rather different versions !n a
handwritten biographical record he s%b#itted in 1939 to win a pro#otion in the **, he described
it as follows8 9! worked d%ring the years of 192B to 192H as a sales#an for the )%strian
"lektroba% (o#pany ! left this position of #y own free will, as the =ac%%# ?il (o#pany of
=ienna offered #e the representation for ,pper )%stria9 The key word here is 9offered,9 since,
according to the story he told (aptain Aess in !srael, nobody had offered hi# anything 1is own
#other had died when he was ten years old, and his father had #arried again ) co%sin of his
step#other 0 a #an he called 9%ncle9 0 who was president of the )%strian )%to#obile (l%b and
was #arried to the da%ghter of a $ewish b%siness#an in (-echoslovakia, had %sed his
connection with the general director of the )%strian =ac%%# ?il (o#pany, a $ewish Mr +eiss, to
obtain for his %nfort%nate relation a :ob as traveling sales#an "ich#ann was properly gratef%l;
the $ews in his fa#ily were a#ong his 9private reasons9 for not hating $ews "ven in 1963 or
1966, when the 'inal *ol%tion was in f%ll swing, he had not forgotten8 9The da%ghter of this
#arriage, half0$ewish according to the N%re#berg Aaws, ca#e to see #e in order to obtain
35
#y per#ission for her e#igration into *wit-erland ?f co%rse, ! granted this re/%est, and the
sa#e %ncle ca#e also to see #e to ask #e to intervene for so#e =iennese $ewish co%ple !
#ention this only to show that ! #yself had no hatred for $ews, for #y whole ed%cation thro%gh
#y #other and #y father had been strictly (hristian; #y #other, beca%se of her $ewish relatives,
held different opinions fro# those c%rrent in ** circles9
1e went to considerable lengths to prove his point8 he had never harbored any ill feelings against
his victi#s, and, what is #ore, he had never #ade a secret of that fact 9! e.plained this to 7r
ANwenher- Ehead of the $ewish (o##%nity in =iennaF as ! e.plained it to 7r Dastner Evicepresident
of the Kionist ?rgani-ation in 2%dapestF; ! think ! told it to everybody, each of #y #en
knew it, they all heard it fro# #e so#eti#e "ven in ele#entary school, ! had a class#ate with
who# ! spent #y free ti#e, and he ca#e to o%r ho%se; a fa#ily in Ain- by the na#e of *ebba
The last ti#e we #et we walked together thro%gh the streets of Ain-, ! already with the 3arty
e#ble# of the N*7)3 Ethe Na-i 3artyF in #y b%ttonhole, and he did not think anything of it9
1ad "ich#ann been a bit less pri# or the police e.a#ination <which refrained fro#
crosse.a#ination,
pres%#ably to re#ain ass%red of his cooperation> less discreet, his 9lack of
pre:%dice9 #ight have shown itself in still another aspect !t see#s that in =ienna, where he was
so e.traordinarily s%ccessf%l in arranging the 9forced e#igration9 of $ews, he had a $ewish
#istress, an 9old fla#e9 fro# Ain- Rassenschande, se.%al interco%rse with $ews, was probably
the greatest cri#e a #e#ber of the ** co%ld co##it, and tho%gh d%ring the war the raping of
$ewish girls beca#e a favorite pasti#e at the front, it was by no #eans co##on for a 1igher **
officer to have an affair with a $ewish wo#an Th%s, "ich#ann@s repeated violent den%nciations
of $%li%s *treicher, the insane and obscene editor of 7er *tMr#er, and of his pornographic anti0
*e#itis#, were perhaps personally #otivated, and the e.pression of #ore than the ro%tine
conte#pt an 9enlightened9 ** #an was s%pposed to show toward the v%lgar passions of lesser
31
3arty l%#inaries
The five and a half years with the =ac%%# ?il (o#pany #%st have been a#ong the happier ones
in "ich#ann@s life 1e #ade a good living d%ring a ti#e of severe %ne#ploy#ent, and he was still
living with his parents, e.cept when he was o%t on the road The date when this idyll ca#e to an
end 0 3entecost, 1933 0 was a#ong the few he always re#e#bered )ct%ally, things had taken a
t%rn for the worse so#ewhat earlier )t the end of 1932, he was %ne.pectedly transferred fro#
Ain- to *al-b%rg, very #%ch against his inclinations8 9! lost all :oy in #y work, ! no longer liked to
sell, to #ake calls9 'ro# s%ch s%dden losses of )rbeitsfre%de "ich#ann was to s%ffer
thro%gho%t his life The worst of the# occ%rred when he was told of the 'Mhrer@s order for the
9physical e.ter#ination of the $ews,9 in which he was to play s%ch an i#portant role This, too,
ca#e %ne.pectedly; he hi#self had 9never tho%ght of s%ch a sol%tion thro%gh violence,9 and
he described his reaction in the sa#e words8 9! now lost everything, all :oy in #y work, all
initiative, all interest; ! was, so to speak, blown o%t9 ) si#ilar blowing o%t #%st have happened in
1932 in *al-b%rg, and fro# his own acco%nt it is clear that he cannot have been very s%rprised
when he was fired, tho%gh one need not believe his saying that he had been 9very happy9 abo%t
his dis#issal
'or whatever reasons, the year 1932 #arked a t%rning point of his life !t was in )pril of this year
that he :oined the National *ocialist 3arty and entered the **, %pon an invitation of "rnst
Daltenbr%nner a yo%ng lawyer in Ain- who later beca#e chief of the 1ead ?ffice for Reich
*ec%rity <the Reichssicherheitsha%pta#t or R*1), as ! shall call it henceforth>, in one of whose
si. #ain depart#ents0 2%rea% !=, %nder the co##and of 1einrich MMller 0 "ich#ann was
event%ally e#ployed as head of section 206 !n co%rt, "ich#ann gave the i#pression of a typical
#e#ber of the lower #iddle classes, and this i#pression was #ore than borne o%t by every
sentence he spoke or wrote while in prison 2%t this was #isleading; he was rather the dIclassI
son of a solid #iddle0class fa#ily, and it was indicative of his co#edown in social stat%s that
32
while his father was a good friend of Daltenbr%nner@s father, who was also a Ain- lawyer, the
relationship of the two sons was rather cool8 "ich#ann was %n#istakably treated by
Daltenbr%nner as his social inferior 2efore "ich#ann entered the 3arty and the **, he had
proved that he was a :oiner, and May J, 196B, the official date of 4er#any@s defeat, was
significant for hi# #ainly beca%se it then dawned %pon hi# that thenceforward he wo%ld have to
live witho%t being a #e#ber of so#ething or other 9! sensed ! wo%ld have to live a leaderless
and diffic%lt individ%al life, ! wo%ld receive no directives fro# anybody, no orders and co##ands
wo%ld any longer be iss%ed to #e, no pertinent ordinances wo%ld be there to cons%lt 0 in brief, a
life never known before lay before #e +hen he was a child, his parents, %ninterested in politics,
had enrolled hi# in the &o%ng Men@s (hristian )ssociation, fro# which he later went into the
4er#an yo%th #ove#ent, the +andervogel 7%ring his fo%r %ns%ccessf%l years in high school,
he had :oined the $%ngfront0kL#pfeverband, the yo%th section of the 4er#an0)%strian
organ-ation of war veterans, which, tho%gh violently pro04er#an and anti0rep%blican, was
tolerated by the )%strian govern#ent +hen Daltenbr%nner s%ggested that he enter the **, he
was :%st on the point of beco#ing a #e#ber of an altogether different o%tfit, the 'ree#asons@
Aodge *chlaraffia, 9an association of b%siness#en, physicians, actors, civil servants, etc, who
ca#e together to c%ltivate #erri#ent and gaiety "ach #e#ber had to give a lect%re fro#
ti#e to ti#e whose tenor was to be h%#or, refined h%#or9 Daltenbr%nner e.plained to "ich#ann
that he wo%ld have to give %p this #erry society beca%se as a Na-i he co%ld not be a 'ree#ason
0 a word that at the ti#e was %nknown to hi# The choice between the ** and *chlaraffia <the
na#e derives fro# *chlaraffenland, the gl%ttons@ (lo%d0(%ckoo Aand of 4er#an fairy tales> #ight
have been hard to #ake, b%t he was 9kicked o%t9 of *chlaraffia anyhow; he had co##itted a sin
that even now, as he told the story in the !sraeli prison, #ade hi# bl%sh with sha#e8 9(ontrary to
#y %pbringing, ! had tried, tho%gh ! was the yo%ngest, to invite #y co#panions to a glass of
wine9
33
) leaf in the whirlwind of ti#e, he was blown fro# *chlaraffia, the Never0Never Aand of tables set
by #agic and roast chickens that flew into yo%r #o%th 0 or, #ore acc%rately, fro# the co#pany of
respectable philistines with degrees and ass%red careers and 9refined h%#or,9 whose worst vice
was probably an irrepressible desire for practical :okes 0 into the #arching col%#ns of the
Tho%sand0&ear Reich, which lasted e.actly twelve years and three #onths )t any rate, he did
not enter the 3arty o%t of conviction, nor was he ever convinced by it 0 whenever he was asked to
give his reasons, he repeated the sa#e e#barrassed clichIs abo%t the Treaty of =ersailles and
%ne#ploy#ent; rather, as he pointed o%t in co%rt, 9it was like being swallowed %p by the 3arty
against all e.pectations and witho%t previo%s decision !t happened so /%ickly and s%ddenly9 1e
had no ti#e and less desire to be properly infor#ed, he did not even know the 3arty progra#, he
never read Mein Da#pf Daltenbr%nner had said to hi#8 +hy not :oin the **C )nd he had
replied, +hy notC That was how it had happened, and that was abo%t all there was to it
?f co%rse, that was not all there was to it +hat "ich#ann failed to tell the presiding :%dge in
cross0e.a#ination was that he had been an a#bitio%s yo%ng #an who was fed %p with his :ob as
traveling sales#an even before the =ac%%# ?il (o#pany was fed %p with hi# 'ro# a h%#dr%#
life witho%t significance@ and conse/%ence the wind had blown hi# into 1istory, as he %nderstood
it, na#ely, into a Move#ent that always kept #oving and in which so#ebody like hi# 0 already a
fail%re in the eyes of his social class, of his fa#ily, and hence in his own eyes as well 0 co%ld start
fro# scratch and still #ake a career )nd if he did not always like what he had to do <for e.a#ple,
dispatching people to their death by the trainload instead of forcing the# to e#igrate>, if he
g%essed, rather early, that the whole b%siness wo%ld co#e to a bad end, with 4er#any losing the
war, if all his #ost cherished plans ca#e to nothing <the evac%ation of "%ropean $ewry to
Madagascar, the establish#ent of a $ewish territory in the Nisko region of 3oland, the e.peri#ent
with caref%lly b%ilt defense installations aro%nd his 2erlin office to repel R%ssian tanks>, and if, to
his greatest 9grief and sorrow,9 he never advanced beyond the grade of **
36
?berst%r#bannfMhrer <a rank e/%ivalent to lie%tenant colonel> 0 in short, if, with the e.ception of
the year in =ienna, his life was beset with fr%strations, he never forgot what the alternative wo%ld
have been Not only in )rgentina, leading the %nhappy e.istence of a ref%gee, b%t also in the
co%rtroo# in $er%sale#, with his life as good as forfeited, he #ight still have preferred 0 if
anybody had asked hi# 0 to be hanged as ?berst%r#bannfMhrer a7 <in retire#ent> rather than
living o%t his life /%ietly and nor#ally as a traveling sales#an for the =ac%%# ?il (o#pany
The beginnings of "ich#ann@s new career were not very pro#ising !n the spring of 1933, while
he was o%t of a :ob, the Na-i 3arty and all its affiliates were s%spended in )%stria, beca%se of
1itler@s rise to power 2%t even witho%t this new cala#ity, a career in the )%strian 3arty wo%ld
have been o%t of the /%estion8 even those who had enlisted in the ** were still working at their
reg%lar :obs; Daltenbr%nner was still a partner in his father@s law fir# "ich#ann therefore decided
to go to 4er#any, which was all the #ore nat%ral beca%se his fa#ily had never given %p 4er#an
citi-enship <This fact was of so#e relevance d%ring the trial 7r *ervati%s had asked the +est
4er#an govern#ent to de#and e.tradition of the acc%sed and, failing this, to pay the e.penses
of the defense, and 2onn ref%sed, on the gro%nds that "ich#ann was not a 4er#an national,
which was a patent %ntr%th> )t 3assa%, on the 4er#an border, he was s%ddenly a traveling
sales#an again, and when he reported to the regional leader, he asked hi# eagerly 9if he had
perhaps so#e connection with the 2avarian =ac%%# ?il (o#pany9 +ell, this was one of his not
infre/%ent relapses fro# one period of his life into another; whenever he was confronted with
telltale signs of an %nregenerate Na-i o%tlook, in his life in )rgentina and even in the $er%sale#
:ail, he e.c%sed hi#self with 9There ! go again, the old song and dance Edie alte To%rF9 2%t his
relapse in 3assa% was /%ickly c%red; he was told that he had better enlist for so#e #ilitary
training 0 9)ll right with #e, ! tho%ght to #yself, why not beco#e a soldierC9 0 and he was sent in
/%ick s%ccession to two 2avarian ** ca#ps, in Aechfeld and in 7acha% <he had nothing to do
with the concentration ca#p there>, where the 9)%strian Aegion in e.ile9 received its training
3B
Th%s he did beco#e an )%strian after a fashion, despite his 4er#an passport 1e re#ained in
these #ilitary ca#ps fro# )%g%st, 1933, %ntil *epte#ber, 1936, advanced to the rank of
*charfMhrer <corporal> and had plenty of ti#e to reconsider his willingness to e#bark %pon the
career of a soldier )ccording to his own acco%nt, there was b%t one thing in which he
disting%ished hi#self d%ring these fo%rteen #onths, and that was p%nish#ent drill, which he
perfor#ed with great obstinacy, in the wrathf%l spirit of 9*erves #y father right if #y hands free-e,
why doesn@t he b%y #e gloves9 2%t apart fro# s%ch rather d%bio%s pleas%res, to which he owed
his first pro#otion, he had a terrible ti#e8 9The h%#dr%# of #ilitary service, that was so#ething !
co%ldn@t stand, day after day always the sa#e, over and over again the sa#e9 Th%s bored to
distraction, he heard that the *ec%rity *ervice of the ReichsfMhrer ** <1i##ler@s
*icherheitsdienst, or *7, as ! shall call it henceforth> had :obs open, and applied i##ediately
!!! 8 )n ".pert on the $ewish R%estion
!n 1936, when "ich#ann applied s%ccessf%lly for a :ob, the *7 was a relatively new apparat%s
in the **, fo%nded two years earlier by 1einrich 1i##ler to serve as the !ntelligence service of
the 3arty and now headed by Reinhardt 1eydrich, a for#er Navy !ntelligence officer, who was to
beco#e, as 4erald Reitlinger p%t it, 9the real engineer of the 'inal *ol%tion9 <The 'inal *ol%tion,
1961> !ts initial task had been to spy on 3arty #e#bers, and th%s to give the ** an ascendancy
over the reg%lar 3arty apparat%s Meanwhile it had taken on so#e additional d%ties, beco#ing
the infor#ation and research center for the *ecret *tate 3olice, or 4estapo These were the first
steps toward the #erger of the ** and the police, which, however, was not carried o%t %ntil
*epte#ber, 1939, altho%gh 1i##ler held the do%ble post of ReichsfMhrer ** and (hief of the
4er#an 3olice fro# 1936 on "ich#ann, of co%rse, co%ld not have known of these f%t%re
develop#ents, b%t he see#s to have known nothing either of the nat%re of the *7 when he
entered it; this is /%ite possible, beca%se the operations of the *7 had always been top secret
)s far as he was concerned, it was all a #is%nderstanding and at first 9a great disappoint#ent
36
'or ! tho%ght this was what ! had read abo%t in the MMnchener !ll%strierten Keit%ng; when the high
3arty officials drove along, there were co##ando g%ards with the#, #en standing on the r%nning
boards of the cars !n short, ! had #istaken the *ec%rity *ervice of the ReichsfMhrer ** for
the Reich *ec%rity *ervice and nobody set #e right and no one told #e anything 'or ! had
had not the slightest notion of what now was revealed to #e9 The /%estion of whether he was
telling the tr%th had a certain bearing on the trial, where it had to be decided whether he had
vol%nteered for his position or had been drafted into it 1is #is%nderstanding, if s%ch it was, is not
ine.plicable; the ** or *ch%t-staffeln had originally been established as special %nits for the
protection of the 3arty leaders
1is disappoint#ent, however, consisted chiefly in that he had to start all over again, that he was
back at the botto#, and his only consolation was that there were others who had #ade the sa#e
#istake 1e was p%t into the !nfor#ation depart#ent, where his first :ob was to file all infor#ation
concerning 'ree#asonry <which in the early Na-i ideological #%ddle was so#ehow l%#ped with
$%dais#, (atholicis#, and (o##%nis#> and to help in the establish#ent of a 'ree#asonry
#%se%# 1e now had a#ple opport%nity to learn what this strange word #eant that
Daltenbr%nner had thrown at hi# in their disc%ssion of *chlaraffia <!ncidentally, an eagerness to
establish #%se%#s co##e#orating their ene#ies was very characteristic of the Na-is 7%ring
the war, several services co#peted bitterly for the honor of establishing anti0$ewish #%se%#s
and libraries +e owe to this strange cra-e the salvage of #any great c%lt%ral treas%res of
"%ropean $ewry> The tro%ble was that things were again very, very boring, and he was greatly
relieved when, after fo%r or five #onths of 'ree#asonry, he was p%t into the brand0new
depart#ent concerned with $ews This was the real beginning of the career which was to end in
the $er%sale# co%rt
!t was the year 193B, when 4er#any, contrary to the stip%lations of the Treaty of =ersailles,
introd%ced general conscription and p%blicly anno%nced plans for rear#a#ent, incl%ding the
3H
b%ilding of an air force and a navy !t was also the year when 4er#any, having left the Aeag%e of
Nations in 1933, prepared neither /%ietly nor secretly the occ%pation of the de#ilitari-ed -one of
the Rhineland !t was the ti#e of 1itler@s peace speeches 0 94er#any needs peace and desires
peace,9 9+e recogni-e 3oland as the ho#e of a great and nationally conscio%s people,9
94er#any neither intends nor wishes to interfere in the internal affairs of )%stria, to anne.
)%stria, or to concl%de an )nschl%ss9 0 and, above all, it was the year when the Na-i regi#e won
general and, %nhappily, gen%ine recognition in 4er#any and abroad, when 1itler was ad#ired
everywhere as a great national states#an !n 4er#any itself, it was a ti#e of transition 2eca%se
of the enor#o%s rear#a#ent progra#, %ne#ploy#ent had been li/%idated, the initial resistance
of the working class was broken, and the hostility of the regi#e, which had at first been directed
pri#arily against 9anti0'ascists9 0 (o##%nists, *ocialists, left0wing intellect%als, and $ews in
pro#inent positions 0 had not yet shifted entirely to persec%tion of the $ews /%a $ews
To be s%re, one of the first steps taken by the Na-i govern#ent, back in 1933, had been the
e.cl%sion of $ews fro# the (ivil *ervice <which in 4er#any incl%ded all teaching positions, fro#
gra##ar school to %niversity, and #ost branches of the entertain#ent ind%stry, incl%ding radio,
the theater, the opera, and concerts> and, in general, their re#oval fro# p%blic offices 2%t private
b%siness re#ained al#ost %nto%ched %ntil 193J, and even the legal and #edical professions
were only grad%ally abolished, altho%gh $ewish st%dents were e.cl%ded fro# #ost %niversities
and were nowhere per#itted to grad%ate "#igration of $ews in these years proceeded in a not
%nd%ly accelerated and generally orderly fashion, and the c%rrency restrictions that #ade it
diffic%lt, b%t not i#possible, for $ews to take their #oney, or at least the greater part of it, o%t of
the co%ntry were the sa#e for non0$ews; they dated back to the days of the +ei#ar Rep%blic
There were a certain n%#ber of "in-elaktionen, individ%al actions p%tting press%re on $ews to sell
their property at often ridic%lo%sly low prices, b%t these %s%ally occ%rred in s#all towns and,
indeed, co%ld be traced to the spontaneo%s, 9individ%al9 initiative of so#e enterprising *tor#
3J
Troopers, the so0called *) #en, who, e.cept for their officer corps, were #ostly recr%ited fro#
the lower classes The police, it is tr%e, never stopped these 9e.cesses,9 b%t the Na-i a%thorities
were not too happy abo%t the#, beca%se they affected the val%e of real estate all over the
co%ntry The e#igrants, %nless they were political ref%gees, were yo%ng people who reali-ed that
there was no f%t%re for the# in 4er#any )nd since they soon fo%nd o%t that there was hardly
any f%t%re for the# in other "%ropean co%ntries either, so#e $ewish e#igrants act%ally ret%rned
d%ring this period +hen "ich#ann was asked how he had reconciled his personal feelings abo%t
$ews with the o%tspoken and violent anti0*e#itis# of the 3arty he had :oined, he replied with the
proverb8 9Nothing@s as hot when yo% eat it as when it@s being cooked9 0 a proverb that was then
on the lips of #any $ews as well They lived in a fool@s paradise, in which, for a few years, even
*treicher spoke of a 9legal sol%tion9 of the $ewish proble# !t took the organi-ed pogro#s of
Nove#ber, 193J, the so0called Dristallnacht or Night of 2roken 4lass, when seventy0five h%ndred
$ewish shop windows were broken, all synagog%es went %p in fla#es, and twenty tho%sand
$ewish #en were taken off to concentration ca#ps, to e.pel the# fro# it
The fre/%ently forgotten point of the #atter is that the fa#o%s N%re#berg Aaws, iss%ed in the fall
of 193B, had failed to do the trick The testi#ony of three witnesses fro# 4er#any, high0ranking
for#er officials of the Kionist organi-ation who left 4er#any shortly before the o%tbreak of the
war, gave only the barest gli#pse into the tr%e state of affairs d%ring the first five years of the
Na-i regi#e The N%re#berg Aaws had deprived the $ews of their political b%t not of their civil
rights; they were no longer citi-ens <ReichsbMrger>, b%t they re#ained #e#bers of the 4er#an
state <*taatsangehNrige> "ven if they e#igrated, they were not a%to#atically stateless *e.%al
interco%rse between $ews and 4er#ans, and the contraction of #i.ed #arriages, were forbidden
)lso, no 4er#an wo#an %nder the age of forty0five co%ld be e#ployed in a $ewish ho%sehold ?f
these stip%lations, only the last was of practical significance; the others #erely legali-ed a de
facto sit%ation 1ence, the N%re#berg Aaws were felt to have stabili-ed the new sit%ation of $ews
39
in the 4er#an Reich They had been second0class citi-ens, to p%t it #ildly, since $an%ary 35,
1933; their al#ost co#plete separation fro# the rest of the pop%lation had been achieved in a
#atter of weeks or #onths 0 thro%gh terror b%t also thro%gh the #ore than ordinary connivance of
those aro%nd the# 9There was a wall between 4entiles and $ews,9 7r 2enno (ohn of 2erlin
testified 9! cannot re#e#ber speaking to a (hristian d%ring all #y :o%rneys over 4er#any9 Now,
the $ews felt, they had received laws of their own and wo%ld no longer be o%tlawed !f they kept
to the#selves, as they had been forced to do anyhow, they wo%ld be able to live %n#olested !n
the words of the Reichsvertret%ng of the $ews in 4er#any <the national association of all
co##%nities and organi-ations, which had been fo%nded in *epte#ber, 1933, on the initiative of
the 2erlin co##%nity, and was in no way Na-i0appointed>, the intention of the N%re#berg Aaws
was 9to establish a level on which a bearable relationship between the 4er#an and the $ewish
people Ebeca#eF possible,9 to which a #e#ber of the 2erlin co##%nity, a radical Kionist, added8
9Aife is possible %nder every law 1owever, in co#plete ignorance of what is per#itted and what
is not one cannot live ) %sef%l and respected citi-en one can also be as a #e#ber of a #inority
in the #idst of a great people9 <1ans Aa##, fiber die "ntwickl%ng des de%tschen $%dent%#s,
19B1> )nd since 1itler, in the RNh# p%rge in 1936, had broken the power of the *), the *tor#
Troopers in brown shirts who had been al#ost e.cl%sively responsible for the early pogro#s and
atrocities, and since the $ews were blissf%lly %naware of the growing power of the black0shirted
**, who ordinarily abstained fro# what "ich#ann conte#pt%o%sly called the G *tMr#er
#ethods,9 they generally believed that a #od%s vivendi wo%ld be possible; they even offered to
cooperate in 9the sol%tion of the $ewish /%estion9 !n short, when "ich#ann entered %pon his
apprenticeship in $ewish affairs, on which, fo%r years later, he was to be the recogni-ed 9e.pert,9
and when he #ade his first contacts with $ewish f%nctionaries, both Kionists and )ssi#ilationists
talked in ter#s of a great 9$ewish revival,9 a 9great constr%ctive #ove#ent of 4er#an $ewry,9
and they still /%arreled a#ong the#selves in ideological ter#s abo%t the desirability of $ewish
65
e#igration, as tho%gh this depended %pon their own decisions
"ich#ann@s acco%nt d%ring the police e.a#ination of how he was introd%ced into the new
depart#ent 0 distorted, of co%rse, b%t not wholly devoid of tr%th 0 oddly recalls this fool@s paradise
The first thing that happened was that his new boss, a certain von Mildenstein, who shortly
thereafter got hi#self transferred to )lbert *peer@s ?rganisation Todt, where he was in charge of
highway constr%ction <he was what "ich#ann pretended to be, an engineer by profession>,
re/%ired hi# to read Theodor 1er-l@s 7er $%denstaat, the fa#o%s Kionist classic, which converted
"ich#ann pro#ptly and forever to Kionis# This see#s to have been the first serio%s book he
ever read and it #ade a lasting i#pression on hi# 'ro# then on, as he repeated over and over,
he tho%ght of hardly anything b%t a 9political sol%tion9 <as opposed to the later 9physical sol%tion,9
the first #eaning e.p%lsion and the second e.ter#ination> and how to 9get so#e fir# gro%nd
%nder the feet of the $ews9 <!t #ay be worth #entioning that, as late as 1939, he see#s to have
protested against desecrators of 1er-l@s grave in =ienna, and there are reports of his presence in
civilian clothes at the co##e#oration of the thirty0fifth anniversary of 1er-l@s death *trangely
eno%gh, he did not talk abo%t these things in $er%sale#, where he contin%o%sly boasted of his
good relations with $ewish officials> !n order to help in this enterprise, he began spreading the
gospel a#ong his ** co#rades, giving lect%res and writing pa#phlets 1e then ac/%ired a
s#attering of 1ebrew, which enabled hi# to read haltingly a &iddish newspaper 0 not a very
diffic%lt acco#plish#ent, since &iddish, basically an old 4er#an dialect written in 1ebrew letters,
can be %nderstood by any 4er#an0speaking person who has #astered a few do-en 1ebrew
words 1e even read one #ore book, )dolf 2Nh#@s 1istory of Kionis# <d%ring the trial he kept
conf%sing it with 1er-l@s $%denstaat>, and this was perhaps a considerable achieve#ent for a #an
who, by his own acco%nt, had always been %tterly rel%ctant to read anything e.cept newspapers,
and who, to the distress of his father, had never availed hi#self of the books in the fa#ily library
'ollowing %p 2Nh#, he st%died the organi-ational set%p of the Kionist #ove#ent, with all its
61
parties, yo%th gro%ps, and different progra#s This did not yet #ake hi# an 9a%thority,9 b%t it was
eno%gh to earn hi# an assign#ent as official spy on the Kionist offices and on their #eetings; it is
worth noting that his schooling in $ewish affairs was al#ost entirely concerned with Kionis#
1is first personal contacts with $ewish f%nctionaries, all of the# well0known Kionists of long
standing, were thoro%ghly satisfactory The reason he beca#e so fascinated by the 9$ewish
/%estion,9 he e.plained, was his own 9idealis#9; these $ews, %nlike the )ssi#ilationists, who# he
always despised, and %nlike ?rthodo. $ews, who bored hi#, were 9idealists,9 like hi# )n
9idealist,9 according to "ich#ann@s notions, was not #erely a #an who believed in an 9idea9 or
so#eone who did not steal or accept bribes, tho%gh these /%alifications were indispensable )n
9idealist9 was a #an who lived for his idea 0 hence he co%ld not be a b%siness#an 0 and who was
prepared to sacrifice for his idea everything and, especially, everybody +hen he said in the
police e.a#ination that he wo%ld have sent his own father to his death if that had been re/%ired,
he did not #ean #erely to stress the e.tent to which he was %nder orders, and ready to obey
the#; he also #eant to show what an 9idealist9 he had always been The perfect 9idealist,9 like
everybody else, had of co%rse his personal feelings and e#otions, b%t he wo%ld never per#it
the# to interfere with his actions if they ca#e into conflict with his 9idea9 The greatest 9idealist9
"ich#ann ever enco%ntered a#ong the $ews was 7r R%dolf Dastner, with who# he negotiated
d%ring the $ewish deportations fro# 1%ngary and with who# he ca#e to an agree#ent that he,
"ich#ann, wo%ld per#it the 9illegal9 depart%re of a few tho%sand $ews to 3alestine <the trains
were in fact g%arded by 4er#an police> in e.change for 9/%iet and order9 in the ca#ps fro#
which h%ndreds of tho%sands were shipped to )%schwit- The few tho%sand saved by the
agree#ent, pro#inent $ews and #e#bers of the Kionist yo%th organi-ations, were, in "ich#ann@s
words, 9the best biological #aterial9 7r Dastner, as "ich#ann %nderstood it, had sacrificed his
fellow0$ews to his 9idea,9 and this was as it sho%ld be $%dge 2en:a#in 1alevi, one of the three
:%dges at "ich#ann@s trial, had been in charge of the Dastner trial in !srael, at which Dastner had
62
to defend hi#self for his cooperation with "ich#ann and other high0ranking Na-is; in 1alevi@s
opinion, Dastner had 9sold his so%l to the devil9 Now that the devil hi#self was in the dock he
t%rned o%t to be an 9idealist,9 and tho%gh it #ay be hard to believe, it is /%ite possible that the
one who sold his so%l had also been an 9idealist9
Aong before all this happened, "ich#ann was given his first opport%nity to apply in practice what
he had learned d%ring his apprenticeship )fter the )nschl%ss <the incorporation of )%stria into
the Reich>, in March, 193J, he was sent to =ienna to organi-e a kind of e#igration that had been
%tterly %nknown in 4er#any, where %p to the fall of 193J the fiction was #aintained that $ews if
they so desired were per#itted, b%t were not forced, to leave the co%ntry )#ong the reasons
4er#an $ews believed in the fiction was the progra# of the N*7)3, for#%lated in 1925,
which shared with the +ei#ar (onstit%tion, the c%rio%s fate of never being officially abolished; its
Twenty0'ive 3oints had even been declared 9%nalterable9 by 1itler *een in the light of later
events, its anti0*e#ite provisions were har#less indeed8 $ews co%ld not be f%ll0fledged citi-ens,
they co%ld not hold (ivil *ervice positions, they were to be e.cl%ded fro# the press, and all those
who had ac/%ired 4er#an citi-enship after )%g%st 2, 1916 0 the date of the o%tbreak of the 'irst
+orld +ar 0 were to be denat%rali-ed, which #eant they were s%b:ect to e.p%lsion
<(haracteristically, the denat%rali-ation was carried o%t i##ediately, b%t the wholesale e.p%lsion
of so#e fifteen tho%sand $ews, who fro# one day to the ne.t were shoved across the 3olish
border at Kbas-yn, where they were pro#ptly p%t into ca#ps, took place only five years later,
when no one e.pected it any longer> The 3arty progra# was never taken serio%sly by Na-i
officials; they prided the#selves on belonging to a #ove#ent, as disting%ished fro# a party, and
a #ove#ent co%ld not be bo%nd by a progra# "ven before the Na-is@ rise to power, these
Twenty0'ive 3oints had been no #ore than a concession to the party syste# and to s%ch
prospective voters as were old0fashioned eno%gh to ask what was the progra# of the party they
were going to :oin "ich#ann, as we have seen, was free of s%ch deplorable habits, and when he
63
told the $er%sale# co%rt that he had not known 1itler@s progra# he very likely spoke the tr%th8
9The 3arty progra# did not #atter, yo% knew what yo% were :oining9 The $ews, on the other
hand, were old0fashioned eno%gh to know the Twenty0'ive 3oints by heart and to believe in
the#; whatever contradicted the legal i#ple#entation of the 3arty progra# they tended to ascribe
to te#porary, 9revol%tionary e.cesses9 of %ndisciplined #e#bers or gro%ps
2%t what happened in =ienna in March, 193J, was altogether different "ich#ann@s task had been
defined as 9forced e#igration,9 and the words #eant e.actly what they said8 all $ews, regardless
of their desires and regardless of their citi-enship, were to be forced to e#igrate 0 an act which in
ordinary lang%age is called e.p%lsion +henever "ich#ann tho%ght back to the twelve years that
were his life, he singled o%t his year in =ienna as head of the (enter for "#igration of )%strian
$ews as its happiest and #ost s%ccessf%l period *hortly before, he had been pro#oted to
officer@s rank, beco#ing an ,nterst%r#fMhrer, or lie%tenant, and he had been co##ended for his
9co#prehensive knowledge of the #ethods of organi-ation and ideology of the opponent, $ewry9
The assign#ent in =ienna was his first i#portant :ob, his whole career, which had progressed
rather slowly, was in the balance 1e #%st have been frantic to #ake good, and his s%ccess was
spectac%lar8 in eight
#onths, forty0five tho%sand $ews left )%stria, whereas no #ore than nineteen tho%sand left
4er#any in the sa#e period; in less than eighteen #onths, )%stria was 9cleansed9 of close to a
h%ndred and fifty tho%sand people, ro%ghly si.ty per cent of its $ewish pop%lation, all of who# left
the co%ntry 9legally9; even after the o%tbreak of the war, so#e si.ty tho%sand $ews co%ld escape
1ow did he do itC The basic idea that #ade all this possible was of co%rse not his b%t, al#ost
certainly, a specific directive by 1eydrich, who had sent hi# to =ienna in the first place
<"ich#ann was vag%e on the /%estion of a%thorship, which he clai#ed, however, by i#plication;
the !sraeli a%thorities, on the other hand, bo%nd Eas &ad =ashe#@s 2%lletin p%t itF to the fantastic
9thesis of the all0incl%sive responsibility of )dolf "ich#ann9 and the even #ore fantastic
66
9s%pposition that one Eie, hisF #ind was behind it all,9 helped hi# considerably in his efforts to
deck hi#self in borrowed pl%#es, for which he had in any case a great inclination> The idea, as
e.plained by 1eydrich in a conference with 4oring on the #orning of the Dristallnacht, was
si#ple and ingenio%s eno%gh8 9Thro%gh the $ewish co##%nity, we e.tracted a certain a#o%nt of
#oney fro# the rich $ews who wanted to e#igrate 2y paying this a#o%nt, and an additional s%#
in foreign c%rrency, they #ade it possible for poor $ews to leave The proble# was not to #ake
the rich $ews leave, b%t to get rid of the $ewish #ob9 )nd this 9proble#9 was not solved by
"ich#ann Not %ntil the trial was over was it learned fro# the Netherlands *tate !nstit%te for +ar
7oc%#entation that "rich Ra:akowitsch, a 9brilliant lawyer9 who# "ich#ann, according to his own
testi#ony, 9e#ployed for the handling of legal /%estions in the central offices for $ewish
e#igration in =ienna, 3rag%e, and 2erlin,9 had originated the idea of the 9e#igration f%nds9
*o#ewhat later, in )pril, 1961, Ra:akowitsch was sent to 1olland by 1eydrich in order to
9establish there a central office which was to serve as a #odel for the Gsol%tion of the $ewish
/%estion@ in all occ%pied co%ntries in "%rope9
*till, eno%gh proble#s re#ained that co%ld be solved only in the co%rse of the operation, and
there is no do%bt that here "ich#ann, for the first ti#e in his life, discovered in hi#self so#e
special /%alities There were two things he co%ld do well, better than others8 he co%ld organi-e
and he co%ld negotiate>, i##ediately %pon his arrival, he opened negotiations with the
representatives of the $ewish co##%nity, who# he had first to liberate fro# prisons and
concentration ca#ps, since the 9revol%tionary -eal9 in )%stria, greatly e.ceeding the early
9e.cesses9 in 4er#any, had res%lted in the i#prison#ent of practically all pro#inent $ews )fter
this e.perience, the $ewish f%nctionaries did not need "ich#ann to convince the# of the
desirability of e#igration Rather, they infor#ed hi# of the enor#o%s diffic%lties which lay ahead
)part fro# the financial proble#, already 9solved,9 the chief diffic%lty lay in the n%#ber of papers
every e#igrant had to asse#ble before he co%ld leave the co%ntry "ach of the papers was valid
6B
only for a li#ited ti#e, so that the validity of the first had %s%ally e.pired long before the last co%ld
be obtained ?nce "ich#ann %nderstood how the whole thing worked, or, rather, did not work, he
9took co%nsel with hi#self9 and 9gave birth to the idea which ! tho%ght wo%ld do :%stice to both
parties9 1e i#agined 9an asse#bly line, at whose beginnings the first doc%#ent is p%t, and then
the other papers, and at its end the passport wo%ld have to co#e o%t as the end prod%ct9 This
co%ld be reali-ed if all the officers concerned 0 the Ministry of 'inance, the inco#e ta. people, the
police, the $ewish co##%nity, etc 0 were ho%sed %nder the sa#e roof and forced to do their work
on the spot, in the presence of the applicant, who wo%ld no longer have to r%n fro# office to office
and who, pres%#ably, wo%ld also be spared having so#e h%#iliating chicaneries practiced on
hi#, and certain e.penses for bribes +hen everything was ready and the asse#bly line was
doing its work s#oothly and /%ickly, "ich#ann 9invited9 the $ewish f%nctionaries fro# 2erlin to
inspect it They were appalled8 9This is like an a%to#atic factory, like a flo%r #ill connected with
so#e bakery )t one end yo% p%t in a $ew who still has so#e property, a factory, or a shop, or a
bank acco%nt, and he goes thro%gh the b%ilding fro# co%nter to co%nter, fro# office to office, and
co#es o%t at the other end witho%t any #oney, witho%t any rights, with only a passport on which
it says8 G&o% #%st leave the co%ntry within a fortnight ?therwise yo% will go to a concentration
ca#p@ 9
This, of co%rse, was essentially the tr%th abo%t the proced%re, b%t it was not the whole tr%th 'or
these $ews co%ld not be left 9witho%t any #oney,9 for the si#ple reason that witho%t it no co%ntry
at this date wo%ld have taken the# They needed, and were given, their =or-eigegeld, the
a#o%nt they had to show in order to obtain their visas and to pass the i##igration controls of the
recipient co%ntry 'or this a#o%nt, they needed foreign c%rrency, which the Reich had no
intention of wasting on its $ews These needs co%ld not be #et by $ewish acco%nts in foreign
co%ntries, which, in any event, were diffic%lt to get at beca%se they had been illegal for #any
years; "ich#ann therefore sent $ewish f%nctionaries abroad to solicit f%nds fro# the great $ewish
66
organi-ations, and these f%nds were then sold by the $ewish co##%nity to the prospective
e#igrants at a considerable profit0one dollar, for instance, was sold for 15 or 25 #arks when its
#arket val%e was 625 #arks !t was chiefly in this way that the co##%nity ac/%ired not only the
#oney necessary for poor $ews and people witho%t acco%nts abroad, b%t also the f%nds it
needed for its own h%gely e.panded activities "ich#ann did not #ake possible this deal witho%t
enco%ntering considerable opposition fro# the 4er#an financial a%thorities, the Ministry and the
Treas%ry, which, after all, co%ld not re#ain %naware of the fact that these transactions a#o%nted
to a deval%ation of the #ark
2ragging was the vice that was "ich#ann@s %ndoing !t was sheer rodo#ontade when he told his
#en d%ring the last days of the war8 9! will :%#p into #y grave la%ghing, beca%se the fact that !
have the death of five #illion $ews Eor 9ene#ies of the Reich,9 as he always clai#ed to have saidF
on #y conscience gives #e e.traordinary satisfaction9 1e did not :%#p, and if he had anything
on his conscience, it was not #%rder b%t, as it t%rned o%t, that he had once slapped the face of
7r $osef ANwenher-, head of the =ienna $ewish co##%nity, who later beca#e one of his favorite
$ews <1e had apologi-ed in front of his staff at the ti#e, b%t this incident kept bothering hi#> To
clai# the death of five #illion $ews, the appro.i#ate total of losses s%ffered fro# the co#bined
efforts of all Na-i offices and a%thorities, was prepostero%s, as he knew very well, b%t he had kept
repeating the da#ning sentence ad na%sea# to everyone who wo%ld listen, even twelve years
later in )rgentina, beca%se it gave hi# 9an e.traordinary sense of elation to think that EheF was
e.iting fro# the stage in this way9 <'or#er Aegationsrat 1orst 4rell, a witness for the defense,
who had known "ich#ann in 1%ngary, testified that in his opinion "ich#ann was boasting That
#%st have been obvio%s to everyone who heard hi# %tter his abs%rd clai#> !t was sheer
boasting when he pretended he had 9invented9 the ghetto syste# or had 9given birth to the idea9
of shipping all "%ropean $ews to Madagascar The Theresienstadt ghetto, of which "ich#ann
clai#ed 9paternity,9 was established years after the ghetto syste# had been introd%ced into the
6H
"astern occ%pied territories, and setting %p a special ghetto for certain privileged categories was,
like the ghetto syste#, the 9idea9 of 1eydrich The Madagascar plan see#s to have been 9born9
in the b%rea%s of the 4er#an 'oreign ?ffice, and "ich#ann@s own contrib%tion to it t%rned o%t to
owe a good deal to his beloved 7r ANwenher-, who# he had drafted to p%t down 9so#e basic
tho%ghts9 on how abo%t fo%r #illion $ews #ight be transported fro# "%rope after the war 0
pres%#ably to 3alestine, since the Madagascar pro:ect was top secret <+hen confronted at the
trial with the ANwenher- report, "ich#ann did not deny its a%thorship; it was one of the few
#o#ents when he appeared gen%inely e#barrassed> +hat@ event%ally led to his capt%re was his
co#p%lsion to talk big 0 he was 9fed %p with being an anony#o%s wanderer between the worlds9 0
and this co#p%lsion #%st have grown considerably stronger as ti#e passed, not only beca%se he
had nothing to do that he co%ld consider worth doing, b%t also beca%se the postwar0era had
bestowed so #%ch %ne.pected 9fa#e9 %pon hi#
2%t bragging is a co##on vice, and a #ore specific, and also #ore decisive, flaw in "ich#ann@s
character was his al#ost total inability ever to look at anything fro# the other fellow@s point of
view Nowhere was this flaw #ore conspic%o%s than in his acco%nt of the =ienna episode 1e
and his #en and the $ews@ were all 9p%lling together,9 and whenever there were any diffic%lties
the $ewish f%nctionaries wo%ld co#e r%nning to hi# 9to %nb%rden their hearts,9 to tell hi# 9all their
grief and sorrow,9 and to ask for his help The $ews 9desired9 to e#igrate, and he, "ich#ann, was
there to help the#, beca%se it so happened that at the sa#e ti#e the Na-i a%thorities had
e.pressed a desire to see their Reich :%denrein The two desires coincided, and he, "ich#ann,
co%ld 9do :%stice to both parties9 )t the trial, he never gave an inch when it ca#e to this part of
the story, altho%gh he agreed that today, when 9ti#es have changed so #%ch,9 the $ews #ight
not be too happy to recall this 9p%lling together9 and he did not want 9to h%rt their feelings9
The 4er#an te.t of the taped police e.a#ination, cond%cted fro# May 29, 1965, to $an%ary 1H,
1961, each page corrected and approved by "ich#ann, constit%tes a veritable gold #ine for a
6J
psychologist 0 provided he is wise eno%gh to %nderstand that the horrible can be not only
l%dicro%s b%t o%tright f%nny *o#e of the co#edy cannot be conveyed in "nglish, beca%se it lies
in "ich#ann@s heroic fight with the 4er#an lang%age, which invariably defeats hi# !t is f%nny
when he speaks, passi#, of 9winged words9 <geflMgelte +orte, a 4er#an collo/%ialis# for
fa#o%s /%otes fro# the classics> when he #eans stock phrases, Redensarten, or slogans,
*chlagworte !t was f%nny when, d%ring the cross0e.a#ination on the *assen doc%#ents,
cond%cted in 4er#an by the presiding :%dge, he %sed the phrase 9kontra geben9 <to give tit for
tat>, to indicate that he had resisted *assen@s efforts to liven %p his stories; $%dge Aanda%,
obvio%sly ignorant of the #ysteries of card ga#es, did not %nderstand, and "ich#ann co%ld not
think of any other way to p%t it 7i#ly aware of a defect that #%st have plag%ed hi# even in
school 0 it a#o%nted to a #ild case of aphasia 0 he apologi-ed, saying, 9?fficialese E)#tsspracheF
is #y only lang%age9 2%t the point here is that officialese beca#e his lang%age beca%se he was
gen%inely incapable of %ttering a single sentence that was not a clichI <+as it these clichIs that
the psychiatrists tho%ght so 9nor#al9 and 9desirable9C )re these the 9positive ideas9 a clergy#an
hopes for in those to whose so%ls he #inistersC "ich#ann@s best opport%nity to show this positive
side of his character in $er%sale# ca#e when the yo%ng police officer in charge of his #ental and
psychological well0being handed hi# Aolita for rela.ation )fter two days "ich#ann ret%rned it,
visibly indignant; 9R%ite an %nwholeso#e book9 0 97as ist aber ein sehr %nerfre%liches 2%ch9 0 he
told his g%ard> To be s%re, the :%dges were right when they finally told the acc%sed that all he
had said was 9e#pty talk9 0 e.cept that they tho%ght the e#ptiness was feigned, and that the
acc%sed wished to cover %p other tho%ghts which, tho%gh hideo%s, were not e#pty This
s%pposition see#s ref%ted by the striking consistency with which "ich#ann, despite his rather
bad #e#ory, repeated word for word the sa#e stock phrases and self0invented clichIs <when he
did s%cceed in constr%cting a sentence of his own, he repeated it %ntil it beca#e a clichI> each
ti#e he referred to an incident or event of i#portance to hi# +hether writing his #e#oirs in
69
)rgentina or in $er%sale#, whether speaking to the police e.a#iner or to the co%rt, what he said
was always the sa#e, e.pressed in the sa#e words The longer one listened to hi#, the #ore
obvio%s it beca#e that his inability to speak was closely connected with an inability to think,
na#ely, to think fro# the standpoint of so#ebody else No co##%nication was possible with hi#,
not beca%se he lied b%t beca%se he was s%rro%nded by the #ost reliable of all safeg%ards
against the words and the presence of others, and hence against reality as s%ch
Th%s, confronted for eight #onths with the reality of being e.a#ined by a $ewish police#an,
"ich#ann did not have the slightest hesitation in e.plaining to hi# at considerable length, and
repeatedly, why he had been %nable to attain a higher grade in the **, that this was not his
fa%lt 1e had done everything, even asked to be sent to active #ilitary d%ty 0 9?ff to the front, !
said to #yself, then the *tandartenfMhrer EcolonelcyF will co#e /%icker9 !n co%rt, on the contrary,
he pretended he had asked to be transferred beca%se he wanted to escape his #%rdero%s d%ties
1e did not insist #%ch on this, tho%gh, and, strangely, he was not confronted with his %tterances
to (aptain Aess, who# he also told that he had hoped to be no#inated for the "insat-gr%ppen,
the #obile killing %nits in the "ast, beca%se when they were for#ed, in March, 1961, his office
was 9dead9 0 there was no e#igration any longer and deportations had not yet been started
There was, finally, his greatest a#bition 0 to be pro#oted to the :ob of police chief in so#e
4er#an town; again, nothing doing +hat #akes these pages of the e.a#ination so f%nny is that
all this was told in the tone of so#eone who was s%re of finding 9nor#al, h%#an9 sy#pathy for a
hard0l%ck story 9+hatever ! prepared and planned, everything went wrong, #y personal affairs
as well as #y years0long efforts to obtain land and soil for the $ews ! don@t know, everything was
as if %nder an evil spell; whatever ! desired and wanted and planned to do, fate prevented it
so#ehow ! was fr%strated in everything, no #atter what9 +hen (aptain Aess asked his opinion
on so#e da#ning and possibly lying evidence given by a for#er colonel of the **, he
e.clai#ed, s%ddenly st%ttering with rage8 9! a# very #%ch s%rprised that this #an co%ld ever
B5
have been an ** *tandartenfMhrer, that s%rprises #e very #%ch indeed !t is altogether,
altogether %nthinkable ! don@t know what to say9 1e never said these things in a spirit of
defiance, as tho%gh he wanted, even now, to defend the standards by which he had lived in the
past The very words 9**,9 or 9career,9 or 91i##ler9 <who# he always called by his long official
title8 ReichsfMhrer ** and (hief of the 4er#an 3olice, altho%gh he by no #eans ad#ired hi#>
triggered in hi# a #echanis# that had beco#e co#pletely %nalterable The presence of (aptain
Aess, a $ew fro# 4er#any and %nlikely in any case to think that #e#bers of the ** advanced
in their careers thro%gh the e.ercise of high #oral /%alities, did not for a #o#ent throw this
#echanis# o%t of gear
Now and then, the co#edy breaks into the horror itself, and res%lts in stories, pres%#ably tr%e
eno%gh, whose #acabre h%#or easily s%rpasses that of any *%rrealist invention *%ch was the
story told by "ich#ann d%ring the police e.a#ination abo%t the %nl%cky Do##er-ialrat *torfer of
=ienna, one of the representatives of the $ewish co##%nity "ich#ann had received a telegra#
fro# R%dolf 1Nss, (o##andant of )%schwit-, telling hi# that *torfer had arrived and had
%rgently re/%ested to see "ich#ann 9! said to #yself8 ?D, this #an has always behaved well,
that is worth #y while !@ll go there #yself and see what is the #atter with hi# )nd ! go to
"bner Echief of the 4estapo in =iennaF, and "bner says 0 ! re#e#ber it only vag%ely 0 !f only he
had not been so cl%#sy; he went into hiding and tried to escape,@ so#ething of the sort )nd the
police arrested hi# and sent hi# to the concentration ca#p, and, according to the orders of the
ReichsfMhrer <1i##lerF, no one co%ld get o%t once he was in Nothing co%ld be done, neither 7r
"bner nor ! nor anybody else co%ld do anything abo%t it ! went to )%schwit- and asked 1Nss to
see *torfer G&es, yes E1Nss saidF, he is in one of the labor gangs@ +ith *torfer afterward, well, it
was nor#al and h%#an, we had a nor#al, h%#an enco%nter 1e told #e all his grief and sorrow8 !
said8 G+ell, #y dear old friend E$a, #ein lieber g%ter *torferF, we certainly got itO +hat rotten l%ckO@
)nd ! also said8 GAook, ! really cannot help yo%, beca%se according to orders fro# the
B1
ReichsfMhrer nobody can get o%t ! can@t get yo% o%t 7r "bner can@t get yo% o%t ! hear yo% #ade
a #istake, that yo% went into hiding or wanted to bolt, which, after all, yo% did not need to do@
E"ich#ann #eant that *torfer, as a $ewish f%nctionary, had i##%nity fro# deportationF ! forget
what his reply to this was )nd then ! asked hi# how he was )nd he said, yes, he wondered if he
co%ldn@t be let off work, it was heavy work )nd then ! said to 1Nss8 @+ork0*torfer won@t have to
workO@ 2%t 1Nss said8 G"veryone works here@ *o ! said8 @?D,@ ! said, G!@ll #ake o%t a chit to the
effect that *torfer has to keep the gravel paths in order with a broo#,@ there were little gravel
paths there, Gand that he has the right to sit down with his broo# on one of the benches@ ETo
*torferF ! said8 G+ill that be all right, Mr *torferC +ill that s%it yo%C@ +here%pon he was very
pleased, and we shook hands, and then he was given the broo# and sat down on his bench !t
was a great inner :oy to #e that ! co%ld at least see the #an with who# ! had worked for so #any
long years, and that we co%ld speak with each other9 *i. weeks after this nor#al h%#an
enco%nter, *torfer was dead 0 not gassed, apparently, b%t shot
!s this a te.tbook case of bad faith, of lying self0deception co#bined with o%trageo%s st%pidityC ?r
is it si#ply the case of the eternally %nrepentant cri#inal <7ostoevski once #entions in his diaries
that in *iberia, a#ong scores of #%rderers, rapists, and b%rglars, he never #et a single #an who
wo%ld ad#it that he had done wrong> who cannot afford to face reality beca%se his cri#e has
beco#e part and parcel of itC &et "ich#ann@s case is different fro# that of the ordinary cri#inal,
who can shield hi#self effectively against the reality of a non0cri#inal world only within the narrow
li#its of his gang "ich#ann needed only to recall the past in order to feel ass%red that he was
not lying and that he was not deceiving hi#self, for he and the world he lived in had once been in
perfect har#ony )nd that 4er#an society of eighty #illion people had been shielded against
reality and fact%ality by e.actly the sa#e #eans, the sa#e self0deception, lies, and st%pidity that
had now beco#e ingrained in "ich#ann@s #entality These lies changed fro# year to year, and
they fre/%ently contradicted each other; #oreover, they were not necessarily the sa#e for the
B2
vario%s branches of the 3arty hierarchy or the people at large 2%t the practice of self deception
had beco#e so co##on, al#ost a #oral prere/%isite for s%rvival, that even now, eighteen years
after the collapse of the Na-i regi#e, when #ost of the specific content of its lies has been
forgotten, it is so#eti#es diffic%lt not to believe that #endacity has beco#e an integral part of the
4er#an national character 7%ring the war, the lie #ost effective with the whole of the 4er#an
people was the slogan of 9the battle of destiny for the 4er#an people9 Eder *chicksalska#pf des
de%tschen =olkesF, coined either by 1itler or by 4oebbels, which #ade self0deception easier on
three co%nts8 it s%ggested, first, that the war was no war; second, that it was started by destiny
and not by 4er#any; and, third, that it@ was a #atter of life and death for the 4er#ans, who #%st
annihilate their ene#ies or be annihilated
"ich#ann@s asto%nding willingness, in )rgentina as well as in, $er%sale#, to ad#it his cri#es was
d%e less to his own cri#inal capacity for self0deception than to the a%ra of syste#atic #endacity
that had constit%ted the general, and generally accepted, at#osphere of the Third Reich 9?f
co%rse9 he had played a role in the e.ter#ination of the $ews; of co%rse if he 9had not transported
the#, they wo%ld not have been delivered to the b%tcher9
9+hat,9 he asked, 9is there to Gad#it@C9 Now, he proceeded, he 9wo%ld like to find peace with EhisF
for#er ene#ies9 0 a senti#ent he shared not only with 1i##ler, who had e.pressed it d%ring the
last year of the war, or with the Aabor 'ront leader Robert Aey <who, before he co##itted s%icide
in N%re#berg, had proposed the establish#ent of a 9conciliation co##ittee9 consisting of the
Na-is responsible for the #assacres and the $ewish s%rvivors> b%t also, %nbelievably, with #any
ordinary 4er#ans, who were heard to e.press the#selves in e.actly the sa#e ter#s at the end
of the war This o%trageo%s clichI was no longer iss%ed to the# fro# above, it was a selffabricated
stock phrase, as devoid of reality as those clichIs by which the people had lived for
twelve years; and yo% co%ld al#ost see what an 9e.traordinary sense of elation9 it gave to the
speaker the #o#ent it popped o%t of his #o%th
B3
"ich#ann@s #ind was filled to the bri# with s%ch sentences 1is #e#ory proved to be /%ite
%nreliable abo%t what had act%ally happened; in a rare #o#ent of e.asperation, $%dge Aanda%
asked the acc%sed8 9+hat can yo% re#e#berC9 <if yo% don@t re#e#ber the disc%ssions at the socalled
+annsee (onference, which dealt with the vario%s #ethods of killing> and the answer, of
co%rse, was that "ich#ann re#e#bered the t%rning points in his own career rather well, b%t that
they did not necessarily coincide with the t%rning points in the story of $ewish e.ter#ination or, as
a #atter of fact, with the t%rning points in history <1e always had tro%ble re#e#bering the e.act
date of the o%tbreak of the war or of the invasion of R%ssia> 2%t the point of the #atter is that he
had not forgotten a single one of the sentences of his that at one ti#e or another had served to
give hi# a 9sense of elation9 1ence, whenever, d%ring the cross0e.a#ination, the :%dges tried to
appeal to his conscience, they were #et with 9elation,9 and they were o%traged as well as
disconcerted when they learned that the acc%sed had at his disposal a different elating clichI for
each period of his life and each of his activities !n his #ind, there was no contradiction between
9! will :%#p into #y grave la%ghing,9 appropriate for the end of the war, and 9! shall gladly hang
#yself in p%blic as a warning e.a#ple for all anti0*e#ites on this earth,9 which now, %nder vastly
different circ%#stances, f%lfilled e.actly the sa#e f%nction of giving hi# a lift
These habits of "ich#ann@s created considerable diffic%lty d%ring the trial 0 less for "ich#ann
hi#self than for those who had co#e to prosec%te hi#, to defend hi#, to :%dge hi#, and to report
on hi# 'or all this, it was essential that one take hi# serio%sly, and this was very hard to do,
%nless one so%ght the easiest way o%t of the dile##a between the %nspeakable horror of the
deeds and the %ndeniable l%dicro%sness of the #an who perpetrated the#, and declared hi# a
clever, calc%lating liar 0 which he obvio%sly was not 1is own convictions in this #atter were far
fro# #odest8 9?ne of the few gifts fate bestowed %pon #e is a capacity for tr%th insofar as it
depends %pon #yself9 This gift he had clai#ed even before the prosec%tor wanted to settle on
hi# cri#es he had not co##itted !n the disorgani-ed, ra#bling notes he #ade in )rgentina in
B6
preparation for the interview with *assen, when he was still, as he even pointed o%t at the ti#e,
9in f%ll possession of #y physical and psychological freedo#,9 he had iss%ed a fantastic warning
to 9f%t%re historians to be ob:ective eno%gh not to stray fro# the path of this tr%th recorded here9 0
fantastic beca%se every line of these scribblings shows his %tter ignorance of everything that was
not directly, technically and b%rea%cratically, connected with his :ob, and also shows an
e.traordinarily fa%lty #e#ory
7espite all the efforts of the prosec%tion, everybody co%ld see that this #an was not a 9#onster,9
b%t it was diffic%lt indeed not to s%spect that he was a clown )nd since this s%spicion wo%ld have
been fatal to the whole enterprise, and was also rather hard to s%stain in view of the s%fferings he
and his like had ca%sed to #illions of people, his worst clowneries were hardly noticed and al#ost
never reported +hat co%ld yo% do with a #an who first declared, with great e#phasis, that the
one thing he had learned in an ill0spent life was that one sho%ld never take an oath <9Today no
#an, no :%dge co%ld ever pers%ade #e to #ake a sworn state#ent, to declare so#ething %nder
oath as a witness ! ref%se it, ! ref%se it for #oral reasons *ince #y e.perience tells #e that if
one is loyal to his oath, one day he has to take the conse/%ences, ! have #ade %p #y #ind once
and for all that no :%dge in the world or any other a%thority will ever be capable of #aking #e
swear an oath, to give sworn testi#ony ! won@t do it vol%ntarily and no one will be able to force
#e9>, and then, after being told e.plicitly that if he wished to testify in his own defense he #ight
9do so %nder oath or witho%t an oath,9 declared witho%t f%rther ado that he wo%ld prefer to testify
%nder oathC ?r who, repeatedly and with a great show of feeling, ass%red the co%rt, as he had
ass%red the police e.a#iner, that the worst thing he co%ld do wo%ld be to try to escape his tr%e
responsibilities, to fight for his neck, to plead for #ercy 0 and then, %pon instr%ction of his co%nsel,
s%b#itted a handwritten doc%#ent, containing his plea for #ercyC
)s far as "ich#ann was concerned, these were /%estions of changing #oods, and as long as he
was capable of finding, either in his #e#ory or on the sp%r of the #o#ent, an elating stock
BB
phrase to go with the#, he was /%ite content, witho%t ever beco#ing aware of anything like
9inconsistencies9 )s we shall see, this horrible gift for consoling hi#self with clichIs did not
leave hi# in the ho%r of his death
!= 8 The 'irst *ol%tion8 ".p%lsion
1ad this been an ordinary trial, with the nor#al t%g of war between prosec%tion and defense to
bring o%t the facts and do :%stice to both sides, it wo%ld be possible to switch now to the version
of the defense and find o%t whether there was not #ore to "ich#ann@s grotes/%e acco%nt of his
activities in =ienna than #eets the eye, and whether his distortions of reality co%ld not really be
ascribed to #ore than the #endacity of an individ%al The facts for which "ich#ann was to hang
had been established 9beyond reasonable do%bt9 long before the trial started, and they were
generally known to all st%dents of the Na-i regi#e The additional facts that the prosec%tion tried
to establish were, it is tr%e, partly accepted in the :%dg#ent, b%t they wo%ld never have appeared
to be 9beyond reasonable do%bt9 if the defense had bro%ght its own evidence to bear %pon the
proceedings 1ence, no report on the "ich#ann case, perhaps as disting%ished fro# the
"ich#ann trial, co%ld be co#plete witho%t paying so#e attention to certain facts that are well
eno%gh known b%t that 7r *ervati%s chose to ignore
This is especially tr%e of "ich#ann@s #%ddled general o%tlook and ideology with respect to 9the
$ewish /%estion9 7%ring cross0e.a#ination, he told the presiding :%dge that in =ienna he
9regarded the $ews as opponents with respect to who# a #%t%ally acceptable, a #%t%ally fair
sol%tion had to be fo%nd
That sol%tion ! envisaged as p%tting fir# soil %nder their feet so that they wo%ld have a place
of their own, soil of their own )nd ! was working in the direction of that sol%tion :oyf%lly !
cooperated in reaching s%ch a sol%tion, gladly and :oyf%lly, beca%se it was also the kind of
sol%tion that was approved by #ove#ents a#ong the $ewish people the#selves, and ! regarded
this as the #ost appropriate sol%tion to this #atter9
B6
This was the tr%e reason they had all 9p%lled together,9 the reason their work had been 9based
%pon #%t%ality9 !t was in the interest of the $ews, tho%gh perhaps not all $ews %nderstood this, to
get o%t of the co%ntry; 9one had to help the#, one had to help these f%nctionaries to act, and
that@s what ! did9 !f the $ewish f%nctionaries were 9idealists,9 that is, Kionists, he respected the#,
9treated the# as e/%als,9 listened to all their 9re/%ests and co#plaints and applications for
s%pport,9 kept his 9pro#ises9 as far as he co%ld 0 93eople are inclined to forget that now9 +ho
b%t he, "ich#ann, had saved h%ndreds of tho%sands of $ewsC +hat b%t his great -eal and gifts
of organi-ation had enabled the# to escape in ti#eC Tr%e, he co%ld not foresee at the ti#e the
co#ing 'inal *ol%tion, b%t he had saved the#, that was a 9fact9 <!n an interview given in this
co%ntry d%ring the trial, "ich#ann@s son told the sa#e story to )#erican reporters !t #%st have
been a fa#ily legend>
!n a sense, one can %nderstand why co%nsel for the defense did nothing to back %p "ich#ann@s
version of his relations with the Kionists "ich#ann ad#itted, as he had in the *assen interview,
that he 9did not greet his assign#ent with the apathy of an o. being led to his stall,9 that he had
been very different fro# those colleag%es 9who had never read a basic book Eie, 1er-l@s
$%denstaatF, worked thro%gh it, absorbed it, absorbed it with interest,9 and who therefore lacked
9inner rapport with their work9 They were 9nothing b%t office dr%dges,9 for who# everything was
decided 9by paragraphs, by orders, who were interested in nothing else,9 who were, in short,
precisely s%ch 9s#all cogs9 as, according to the defense, "ich#ann hi#self had been !f this
#eant no #ore than giving %n/%estioning obedience to the 'Mhrer@s orders, then they had all
been s#all cogs 0 even 1i##ler, we are told by his #asse%r, 'eli. Dersten, had not greeted the
'inal *ol%tion with great enth%sias#, and "ich#ann ass%red the police e.a#iner that his own
boss, 1einrich MMller, wo%ld never have proposed anything so 9cr%de9 as 9physical
e.ter#ination9 ?bvio%sly, in "ich#ann@s eyes the s#all0cog theory was /%ite beside the point
(ertainly he had not been as big as Mr 1a%sner tried to #ake hi#; after all, he was not 1itler,
BH
nor, for that #atter, co%ld he co#pare hi#self in i#portance, as far as the 9sol%tion9 of the $ewish
/%estion was concerned, with MMller, or 1eydrich, or 1i##ler; he was no #egalo#aniac 2%t
neither was he as s#all as the defense wished hi# to be
"ich#ann@s distortions of reality were horrible beca%se of the horrors they dealt with, b%t in
principle they were not very different fro# things c%rrent in post01itler 4er#any There is, for
instance, 'ran-0$osef *tra%ss, for#er Minister of 7efense, who recently cond%cted an election
ca#paign against +illy 2randt, now #ayor of +est 2erlin, b%t a ref%gee in Norway d%ring the
1itler period *tra%ss asked a widely p%blici-ed and apparently very s%ccessf%l /%estion of Mr
2randt 9+hat were yo% doing those twelve years o%tside 4er#anyC +e know what we were
doing here in 4er#any9 0 with co#plete i#p%nity, witho%t anybody@s batting an eye, let alone
re#inding the #e#ber of the 2onn govern#ent that what 4er#ans in 4er#any were doing
d%ring those years has beco#e notorio%s indeed The sa#e 9innocence9 is to be fo%nd in a
recent cas%al re#ark by a respected and respectable 4er#an literary critic, who was probably
never a 3arty #e#ber; reviewing a st%dy of literat%re in the Third Reich, he said that its a%thor
belonged with 9those intellect%als who at the o%tbreak of barbaris# deserted %s witho%t
e.ception9 This a%thor was of co%rse a $ew, and he was e.pelled by the Na-is and hi#self
deserted by 4entiles, people like Mr 1ein- 2eck#ann of the Rheinischer Merk%r !ncidentally,
the very word 9barbaris#,9 today fre/%ently applied by 4er#ans to the 1itler period, is a
distortion of reality; it is as tho%gh $ewish and non0$ewish intellect%als had fled a co%ntry that was
no longer 9refined9 eno%gh for the#
"ich#ann, tho%gh #%ch less refined than states#en and literary critics, co%ld, on the other hand,
have cited certain indisp%table facts to back %p his story if his #e#ory had not been so bad, or if
the defense had helped hi# 'or 9it is indisp%table that d%ring the first stages of their $ewish
policy the National *ocialists tho%ght it proper to adopt a pro0Kionist attit%de9 <1ans Aa##>, and
it was d%ring these first stages that "ich#ann learned his lessons abo%t $ews 1e was by no
BJ
#eans alone in taking this 9pro0Kionis#9 serio%sly; the 4er#an $ews the#selves tho%ght it wo%ld
be s%fficient to %ndo 9assi#ilation9 thro%gh a new process of 9dissi#ilation,9 and flocked into the
ranks of the Kionist #ove#ent <There are no reliable statistics on this develop#ent, b%t it is
esti#ated that the circ%lation of the Kionist weekly 7ie $Mdische R%ndscha% increased in the first
#onths of the 1itler regi#e fro# appro.i#ately five to seven tho%sand to nearly forty tho%sand,
and it is known that the Kionist f%nd0raising organi-ations received in 193B036, fro# a greatly
di#inished and i#poverished pop%lation, three ti#es as #%ch as in 1931032> This did not
necessarily #ean that the $ews wished to e#igrate to 3alestine; it was #ore a #atter of pride8
9+ear it with 3ride, the &ellow *tarO,9 the #ost pop%lar slogan of these years, coined by Robert
+eltsch, editor0in0chief of the $Mdische R%ndscha%, e.pressed the general e#otional
at#osphere The pole#ical point of the slogan, for#%lated as a response to 2oycott 7ay, )pril 1,
1933 0 #ore than si. years before the Na-is act%ally forced the $ews to wear a badge, a si.pointed
yellow star on a white gro%nd 0 was directed against the 9assi#ilationists9 and all those
people who ref%sed to be reconciled to the new 9revol%tionary develop#ent,9 those who 9were
always behind the ti#es9 <die ewig 4estrigen> The slogan was recalled at the trial, with a good
deal of e#otion, by witnesses fro# 4er#any They forgot to #ention that Robert +eltsch hi#self,
a highly disting%ished :o%rnalist, had said in recent years that he wo%ld never have iss%ed his
slogan if he had been able to foresee develop#ents
2%t /%ite apart fro# all slogans and ideological /%arrels, it was in those years a fact of everyday
life that only Kionists had any chance of negotiating with the 4er#an a%thorities, for the si#ple
reason that their chief $ewish adversary, the (entral )ssociation of 4er#an (iti-ens of $ewish
'aith, to which ninety0five per cent of organi-ed $ews in 4er#any then belonged, specified in its
bylaws that its chief task was the 9fight against anti0*e#itis#9; it had s%ddenly beco#e by
definition an organi-ation 9hostile to the *tate,9 and wo%ld indeed have been persec%ted 0 which it
was not 0 if it had ever dared to do what it was s%pposed to do 7%ring its first few years, 1itler@s
B9
rise to power appeared to the Kionists chiefly as 9the decisive defeat of assi#ilationis#9 1ence,
the Kionists co%ld, for a ti#e, at least, engage in a certain a#o%nt of non0cri#inal cooperation
with the Na-i a%thorities; the Kionists too believed that 9dissi#ilation,9 co#bined with the
e#igration to 3alestine of $ewish yo%ngsters and, they hoped, $ewish capitalists, co%ld be a
9#%t%ally fair sol%tion9 )t the ti#e, #any 4er#an officials held this opinion, and this kind of talk
see#s to have been /%ite co##on %p to the end ) letter fro# a s%rvivor of Theresienstadt, a
4er#an $ew, relates that all leading positions in the Na-i0appointed Reichsvereinig%ng were held
by Kionists <whereas the a%thentically $ewish Reichsvertret%ng had been co#posed of both
Kionists and non0Kionists>, beca%se Kionists, according to the Na-is, were 9the Gdecent@ $ews
since they too tho%ght in Gnational@ ter#s9 To be s%re, no pro#inent Na-i ever spoke p%blicly in
this vein; fro# beginning to end, Na-i propaganda was fiercely, %ne/%ivocally, %nco#pro#isingly
anti0*e#itic, and event%ally nothing co%nted b%t what people who were still witho%t e.perience in
the #ysteries of totalitarian govern#ent dis#issed as 9#ere propaganda9 There e.isted in those
first years a #%t%ally highly satisfactory agree#ent between the Na-i a%thorities and the $ewish
)gency for 3alestine 0 a 1a@avarah, or Transfer )gree#ent, which provided that an e#igrant to
3alestine co%ld transfer his #oney there in 4er#an goods and e.change the# for po%nds %pon
arrival !t was soon the only legal way for a $ew to take his #oney with hi# <the alternative then
being the establish#ent of a blocked acco%nt, which co%ld be li/%idated abroad only at a loss of
between fifty and ninety0five per cent> The res%lt was that in the thirties, when )#erican $ewry
took great pains to organi-e a boycott of 4er#an #erchandise, 3alestine, of all places, was
swa#ped with all kinds of goods 9#ade in 4er#any9
?f greater i#portance for "ich#ann were the e#issaries fro# 3alestine, who wo%ld approach the
4estapo and the ** on their own initiative, witho%t taking orders fro# either the 4er#an
Kionists or the $ewish )gency for 3alestine They ca#e in order to enlist help for the illegal
i##igration of $ews into 2ritish0r%led 3alestine, and both the 4estapo and the ** were helpf%l
65
They negotiated with "ich#ann in =ienna, and they reported that he was 9polite,9 9not the
sho%ting type,9 and that he even provided the# with far#s and facilities for setting %p vocational
training ca#ps for prospective i##igrants <9?n one occasion, he e.pelled a gro%p of n%ns fro#
a convent to provide a training far# for yo%ng $ews,9 and on another 9a special train Ewas #ade
availableF and Na-i officials acco#panied9 a gro%p of e#igrants, ostensibly headed for Kionist
training far#s in &%goslavia, to see the# safely across the border> )ccording to the story told by
$on and 7avid Di#che, with 9the f%ll and genero%s cooperation of all the chief actors9 <The *ecret
Roads8 The 9!llegal9 Migration of a 3eople, 193J0196J, Aondon, 19B6>, these $ews fro# 3alestine
spoke a lang%age not totally different fro# that of "ich#ann They had been sent to "%rope by
the co##%nal settle#ents in 3alestine, and they were not interested in resc%e operations8 9That
was not their :ob9 They wanted to select 9s%itable #aterial,9 and their chief ene#y, prior to the
e.ter#ination progra#, was not those who #ade life i#possible for $ews in the old co%ntries,
4er#any or )%stria, b%t those who barred access to the new ho#eland; that ene#y was
definitely 2ritain, not 4er#any !ndeed, they were in a position to deal with the Na-i a%thorities on
a footing a#o%nting to e/%ality, which native $ews were not, since they en:oyed the protection of
the #andatory power; they were probably a#ong the first $ews to talk openly abo%t #%t%al
interests and were certainly the first to be given per#ission 9to pick yo%ng $ewish pioneers9 fro#
a#ong the $ews in the concentration ca#ps ?f co%rse, they were %naware of the sinister
i#plications of this deal, which still lay in the f%t%re; b%t they too so#ehow believed that if it was a
/%estion of selecting $ews for s%rvival, the $ews sho%ld do the selecting the#selves !t was this
f%nda#ental error in :%dg#ent that event%ally led to a sit%ation in which the non0selected #a:ority
of $ews inevitably fo%nd the#selves confronted with two ene#ies 0 the Na-i a%thorities and the
$ewish a%thorities )s far as the =iennese episode is concerned, "ich#ann@s prepostero%s clai#
to have saved h%ndreds of tho%sands of $ewish lives, which was la%ghed o%t of co%rt, finds
strange s%pport in the considered :%dg#ent of the $ewish historians, the Di#ches8 9Th%s what
61
#%st have been one of the #ost parado.ical episodes of the entire period of the Na-i regi#e
began8 the #an who was to go down in history as one of the arch0#%rderers of the $ewish people
entered the lists as an active worker in the resc%e of $ews fro# "%rope9
"ich#ann@s tro%ble was that he re#e#bered none of the facts that #ight have s%pported,
however faintly, his incredible story, while the learned co%nsel for the defense probably did not
even know that there was anything to re#e#ber <7r *ervati%s co%ld have called as witnesses
for the defense the for#er agents of )liyah 2eth, as the organi-ation for illegal i##igration into
3alestine was called; they certainly still re#e#bered "ich#ann, and they were now living in
!srael> "ich#ann@s #e#ory f%nctioned only in respect to things that had had a direct bearing
%pon his career Th%s, he re#e#bered a visit he had received in 2erlin fro# a 3alestinian
f%nctionary who told hi# abo%t life in the collective settle#ents, and who# he had twice taken o%t
to dinner, beca%se this visit ended with a for#al invitation to 3alestine, where the $ews wo%ld
show hi# the co%ntry 1e was delighted; no other Na-i official had been able to go 9to a distant
foreign land,9 and he received per#ission to #ake the trip The :%dg#ent concl%ded that he had
been sent 9on an espionage #ission,9 which no do%bt was tr%e, b%t this did not contradict the
story "ich#ann had told the police <3ractically nothing ca#e of the enterprise "ich#ann,
together with a :o%rnalist fro# his office, a certain 1erbert 1agen, had :%st eno%gh ti#e to cli#b
Mo%nt (ar#el in 1aifa before the 2ritish a%thorities deported both of the# to "gypt and denied
the# entry per#its for 3alestine; according to "ich#ann, 9the #an fro# the 1aganah9 0 the
$ewish #ilitary organi-ation which beca#e the n%cle%s of the !sraeli )r#y 0 ca#e to see the# in
(airo, and what he told the# there beca#e the s%b:ect of a 9thoro%ghly negative report9
"ich#ann and 1agen were ordered by their s%periors to write for propaganda p%rposes; this was
d%ly p%blished>
)part fro# s%ch #inor tri%#phs, "ich#ann re#e#bered only #oods and the catch phrases he
#ade %p to go with the#; the trip to "gypt had been in 193H, prior to his activity in =ienna, and
62
fro# =ienna he re#e#bered no #ore than the general at#osphere and how 9elated9 he had felt
!n view of his asto%nding virt%osity in never discarding a #ood and its catch phrase once and for
all when they beca#e inco#patible with a new era, which re/%ired different #oods and different
9elating9 phrases 0 a virt%osity that he de#onstrated over and over d%ring the police e.a#ination 0
one is te#pted to believe in his sincerity when he spoke of the ti#e in =ienna as an idyll
2eca%se of the co#plete lack of consistency in his tho%ghts and senti#ents, this sincerity is not
even %nder#ined by the fact that his year in =ienna, fro# the spring of 193J to March, 1939,
ca#e at a ti#e when the Na-i regi#e had abandoned its pro0Kionist attit%de !t was in the nat%re
of the Na-i #ove#ent that it kept #oving, beca#e #ore radical with each passing #onth, b%t one
of the o%tstanding characteristics of its #e#bers was that psychologically they tended to be
always one step behind the #ove#ent 0 that they had the greatest diffic%lty in keeping %p with it,
or, as 1itler %sed to phrase it, that they co%ld not 9:%#p over their own shadow9
More da#ning, however, than any ob:ective fact was "ich#ann@s own fa%lty #e#ory There were
certain $ews in =ienna who# he recalled very vividly 0 7r ANwenher- and Do##er-ialrat *torfer
0 b%t they were not those 3alestinian e#issaries, who #ight have backed %p his story $osef
ANwenher-, who after the war wrote a very interesting #e#orand%# abo%t his negotiations with
"ich#ann <one of the few new doc%#ents prod%ced by the trial, it was shown in part to
"ich#ann, who fo%nd hi#self in co#plete agree#ent with its #ain state#ents>, was the first
$ewish f%nctionary act%ally to organi-e a whole $ewish co##%nity into an instit%tion at the
service of the Na-i a%thorities )nd he was one of the very, very few s%ch f%nctionaries to reap a
reward for his services 0 he was per#itted to stay in =ienna %ntil the end of the war, when he
e#igrated to "ngland and the ,nited *tates; he died shortly after "ich#ann@s capt%re, in 1965
*torfer@s fate, as we have seen, was less fort%nate, b%t this certainly was not "ich#ann@s fa%lt
*torfer had replaced the 3alestinian e#issaries, who had beco#e too independent, and his task,
assigned to hi# by "ich#ann, was to organi-e so#e illegal transports of $ews into 3alestine
63
witho%t the help of the Kionists *torfer was no Kionist and had shown no interest in $ewish
#atters prior to the arrival of the Na-is in )%stria *till, with the help of "ich#ann he s%cceeded in
getting so#e thirty0five h%ndred $ews o%t of "%rope, in 1965, when half of "%rope was occ%pied
by the Na-is, and it see#s that he did his best to clear things with the 3alestinians <That is
probably what "ich#ann had in #ind when he added to his story abo%t *torfer in )%schwit- the
cryptic re#ark8 9*torfer never betrayed $%dais#, not with a single word, not *torfer9> ) third $ew,
finally, who# "ich#ann never failed to recall in connection with his prewar activities was 7r 3a%l
"ppstein, in charge of e#igration in 2erlin d%ring the last years of the Reichsvereinig%ng 0 a
Na-iappointed
$ewish central organi-ation, not to be conf%sed with the a%thentically $ewish
Reichsvertret%ng, which was dissolved in $%ly, 1939 7r "ppstein was appointed by "ich#ann to
serve as $%denLltester <$ewish "lder> in Theresienstadt, where he was shot in 1966
!n other words, the only $ews "ich#ann re#e#bered were those who had been co#pletely in his
power 1e had forgotten not only the 3alestinian e#issaries b%t also his earlier 2erlin
ac/%aintances, who# he had known well when he was still engaged in intelligence work and had
no e.ec%tive powers 1e never #entioned, for instance, 7r 'ran- Meyer, a for#er #e#ber of the
".ec%tive of the Kionist ?rgani-ation in 4er#any, who ca#e to testify for the prosec%tion abo%t
his contacts with the acc%sed fro# 1936 to 1939 To so#e e.tent, 7r Meyer confir#ed
"ich#ann@s own story8 in 2erlin, the $ewish f%nctionaries co%ld 9p%t forward co#plaints and
re/%ests,9 there was a kind of cooperation *o#eti#es, Meyer said, 9we ca#e to ask for
so#ething, and there were ti#es when he de#anded so#ething fro# %s9; "ich#ann at that ti#e
9was gen%inely listening to %s and was sincerely trying to %nderstand the sit%ation9; his behavior
was 9/%ite correct9 0 9he %sed to address #e as GMister@ and to offer #e a seat9 2%t in 'ebr%ary,
1939, all this had changed "ich#ann had s%##oned the leaders of 4er#an $ewry to =ienna to
e.plain to the# his new #ethods of 9forced e#igration9 )nd there he was, sitting in a large roo#
66
on the gro%nd floor of the Rothschild 3alais, recogni-able, of co%rse, b%t co#pletely changed8 9!
i##ediately told #y friends that ! did not know whether ! was #eeting the sa#e #an *o terrible
was the change 1ere ! #et a #an who co#ported hi#self as a #aster of life and death 1e
received %s with insolence and r%deness 1e did not let %s co#e near his desk +e had to re#ain
standing9 3rosec%tion and :%dges were in agree#ent that "ich#ann %nderwent a gen%ine and
lasting personality change when he was pro#oted to a post with e.ec%tive powers 2%t the trial
showed that here, too, he had 9relapses,9 and that the #atter co%ld never have been as si#ple as
that There was the witness who testified to an interview with hi# at Theresienstadt in March,
196B, when "ich#ann again showed hi#self to be very interested in Kionist #atters 0 the witness
was a #e#ber of a Kionist yo%th organi-ation and held a certificate of entry for 3alestine The
interview was 9cond%cted in very pleasant lang%age and the attit%de was kind and respectf%l9
<*trangely, co%nsel for the defense never #entioned this witness@s testi#ony in his plaidoyer >
+hatever do%bts there #ay be abo%t "ich#ann@s personality change in =ienna, there is no do%bt
that this appoint#ent #arked the real beginning of his career 2etween 193H and 1961, he won
fo%r pro#otions; within fo%rteen #onths he advanced fro# ,nterst%r#fMhrer to 1a%ptst%r#fMhrer
<that is, fro# second lie%tenant to captain>; and in another year and a half he was #ade
?berst%r#bannfMhrer, or lie%tenant colonel That happened in ?ctober, 1961, shortly after he
was assigned the role in the 'inal *ol%tion that was to land hi# in the 7istrict (o%rt of $er%sale#
)nd there, to his great grief, he 9got st%ck9; as he saw it, there was no higher grade obtainable in
the section in which he worked 2%t this he co%ld not know d%ring the fo%r years in which he
cli#bed /%icker and higher than he had ever anticipated !n =ienna, he had shown his #ettle, and
now he was recogni-ed not #erely as an e.pert on 9the $ewish /%estion,9 the intricacies of
$ewish organi-ations and Kionist parties, b%t as an 9a%thority9 on e#igration and evac%ation, as
the 9#aster9 who knew how to #ake people #ove 1is greatest tri%#ph ca#e shortly after the
Dristallnacht, in Nove#ber, 193J, when 4er#an $ews had beco#e frantic in their desire to
6B
escape 4Nring, probably on the initiative of 1eydrich, decided to establish in 2erlin a Reich
(enter for $ewish "#igration, and in the letter containing his directives "ich#ann@s =iennese
office was specifically #entioned as the #odel to be %sed in the setting %p of a central a%thority
The head of the 2erlin office was not to be "ich#ann, however, b%t his later greatly ad#ired boss
1einrich MMller, another of 1eydrich@s discoveries 1eydrich had :%st taken MMller away fro# his
:ob as a reg%lar 2avarian police officer <he was not even a #e#ber of the 3arty and had been an
opponent %ntil 1933>, and called hi# to the 4estapo in 2erlin, beca%se he was known to be an
a%thority on the *oviet R%ssian police syste# 'or MMller, too, this was the beginning of his
career, tho%gh he had to start with a co#paratively s#all assign#ent <MMller, incidentally, not
prone to boasting like "ich#ann and known for his 9sphin.like cond%ct,9 s%cceeded in
disappearing altogether; nobody knows his whereabo%ts, tho%gh there are r%#ors that first "ast
4er#any and now )lbania have engaged the services of the R%ssian0police e.pert>
!n March, 1939, 1itler #oved into (-echoslovakia and erected a 4er#an protectorate over
2ohe#ia and Moravia "ich#ann was i##ediately appointed to set %p another e#igration center
for $ews in 3rag%e 9!n the beginning ! was not too happy to leave =ienna, for if yo% have
installed s%ch an office and if yo% see everything r%nning s#oothly and in goody order, yo% don@t
like to give it %p9 )nd indeed, 3rag%e was so#ewhat disappointing, altho%gh the syste# was the
sa#e as in =ienna, for 9The f%nctionaries of the (-ech $ewish organi-ations went to =ienna and
the =iennese people ca#e to 3rag%e, so that ! did not have to intervene at all The #odel in
=ienna was si#ply copied and carried to 3rag%e Th%s the whole thing got started a%to#atically9
2%t the 3rag%e center was #%ch s#aller, and 9! regret to say there were no people of the caliber
and the energy of a 7r ANwenher-9 2%t these, as it were, personal reasons for discontent were
#inor co#pared to #o%nting diffic%lties of another, entirely ob:ective nat%re 1%ndreds of
tho%sands of $ews had left their ho#elands in a #atter of a few years, and #illions waited behind
the#, for the 3olish and R%#anian govern#ents left no do%bt in their official procla#ations that
66
they, too, wished to be rid of their $ews They co%ld not %nderstand why the world sho%ld get
indignant if they followed in the footsteps of a 9great and c%lt%red nation9 <This enor#o%s arsenal
of potential ref%gees had been revealed d%ring the "vian (onference, called in the s%##er of
193J to solve the proble# of 4er#an $ewry thro%gh intergovern#ental action !t was a
reso%nding fiasco and did great har# to 4er#an $ews> The aven%es for e#igration overseas
now beca#e clogged %p, :%st as the escape possibilities within "%rope had been e.ha%sted
earlier, and even %nder the best of circ%#stances, if war had not interfered with his progra#,
"ich#ann wo%ld hardly have been able to repeat the =iennese 9#iracle9 in 3rag%e
1e knew this very well, he really had beco#e an e.pert on #atters of e#igration, and he co%ld
not have been e.pected to greet his ne.t appoint#ent with any great enth%sias# +ar had
broken o%t in *epte#ber, 1939, and one #onth later "ich#ann was called back to 2erlin to
s%cceed MMller as head of the Reich (enter for $ewish "#igration ) year before, this wo%ld
have been a real pro#otion, b%t now was the wrong #o#ent No one in his senses co%ld
possibly think any longer of a sol%tion of the $ewish /%estion in ter#s of forced e#igration; /%ite
apart fro# the diffic%lties of getting people fro# one co%ntry to another in warti#e, the Reich had
ac/%ired, thro%gh the con/%est of 3olish territories, two or two and a half #illion #ore $ews !t is
tr%e that the 1itler govern#ent was still willing to let its $ews go <the order that stopped all $ewish
e#igration ca#e only two years later, in the fall of 1961>, and if any 9final sol%tion9 had been
decided %pon, nobody had as yet given orders to that effect, altho%gh $ews were already
concentrated in ghettos in the "ast and were also being li/%idated by the "insat-gr%ppen !t was
only nat%ral that e#igration, however s#artly organi-ed in 2erlin in accordance with the
9asse#bly line principle,9 sho%ld peter o%t by itself 0 a process "ich#ann described as being 9like
p%lling teeth listless, ! wo%ld say, on both sides ?n the $ewish side beca%se it was really
diffic%lt to obtain any e#igration possibilities to speak of, and on o%r side beca%se there was no
b%stle and no r%sh, no co#ing and going of people There we were, sitting in a great and #ighty
6H
b%ilding, a#id a yawning e#ptiness9 "vidently, if $ewish #atters, his specialty, re#ained a
#atter of e#igration, he wo%ld soon be o%t of a :ob
= 8 The *econd *ol%tion8 (oncentration
!t was not %ntil the o%tbreak of the war, on *epte#ber 1, 1939, that the Na-i regi#e beca#e
openly totalitarian and openly cri#inal ?ne of the #ost i#portant steps in this direction, fro# an
organi-ational point of view, was a decree, signed by 1i##ler, that f%sed the *ec%rity *ervice of
the **, to which "ich#ann had belonged since 1936, and which was a 3arty organ, with the
reg%lar *ec%rity 3olice of the *tate, in which the *ecret *tate 3olice, or 4estapo, was incl%ded
The res%lt of the #erger was the 1ead ?ffice for Reich *ec%rity <R*1)>, whose chief was first
Reinhardt 1eydrich; after 1eydrich@s death in 1962, "ich#ann@s old ac/%aintance fro# Ain-, 7r
"rnst Daltenbr%nner, took over )ll officials of the police, not only of the 4estapo b%t also of the
(ri#inal 3olice and the ?rder 3olice, received ** titles corresponding to their previo%s ranks,
regardless of whether or not they were 3arty #e#bers, and this #eant that in the space of a day
a #ost i#portant part of the old civil services was incorporated into the #ost radical section of the
Na-i hierarchy No one, as far as ! know, protested, or resigned his :ob <Tho%gh 1i##ler, the
head and fo%nder of the **, had since 1936 been (hief of the 4er#an 3olice as well, the two
apparat%ses had re#ained separate %ntil now> The R*1), #oreover, was only one of twelve
1ead ?ffices in the **, the #ost i#portant of which, in the present conte.t, were the 1ead
?ffice of the ?rder 3olice, %nder 4eneral D%rt 7al%ege, which was responsible for the ro%nding
%p of $ews, and the 1ead ?ffice for )d#inistration and "cono#y <the **0+irtschafts0
=erwalt%ngsha%pta#t, or +=1)>, headed by ?swald 3ohl, which was in charge of
concentration ca#ps and was later to be in charge of the 9econo#ic9 side of the e.ter#ination
This 9ob:ective9 attit%de 0 talking abo%t concentration ca#ps@ in ter#s of 9ad#inistration9 and
abo%t e.ter#ination ca#ps in ter#s of 9econo#y9 0 was typical of the ** #entality, and
so#ething "ich#ann, at the trial, was still very pro%d of 2y its 9ob:ectivity9 <*achlichkeit>, the
6J
** dissociated itself fro# s%ch 9e#otional9 types as *treicher, that 9%nrealistic fool,9 and also
fro# certain 9Te%tonic04er#anic 3arty bigwigs who behaved as tho%gh they were clad in horns
and pelts9 "ich#ann ad#ired 1eydrich greatly beca%se he did not like s%ch nonsense at all, and
he was o%t of sy#pathy with 1i##ler beca%se, a#ong other things, the ReichsfMhrer ** and
(hief of the 4er#an 3olice, tho%gh boss of all the ** 1ead ?ffices, had per#itted hi#self 9at
least for a long ti#e to be infl%enced by it9 7%ring the trial, however, it was not the acc%sed, **
?berst%r#bannfMhrer a7, who was to carry off the pri-e for 9ob:ectivity9; it was 7r *ervati%s, a
ta. and b%siness lawyer fro# (ologne who had never :oined the Na-i 3arty and who
nevertheless was to teach the co%rt a lesson in what it #eans not to be 9e#otional9 that no one
who heard hi# is likely to forget The #o#ent, one of the few great ones in the whole trial,
occ%rred d%ring the short oral plaidoyer of the defense, after which the co%rt withdrew for fo%r
#onths to write its :%dg#ent *ervati%s declared the acc%sed innocent of charges bearing on his
responsibility for 9the collection of skeletons, sterili-ations, killings by gas, and si#ilar #edical
#atters,9 where %pon $%dge 1alevi interr%pted hi#8 97r *ervati%s, ! ass%#e yo% #ade a slip of
the tong%e when yo% said that killing by gas was a #edical #atter9 To which *ervati%s replied8 9!t
was indeed a #edical #atter, since it was prepared by physicians; it was a #atter of killing, and
killing, too, is a #edical #atter9 )nd, perhaps to #ake absol%tely s%re that the :%dges in
$er%sale# wo%ld not forget how 4er#ans 0 ordinary 4er#ans, not for#er #e#bers of the ** or
even of the Na-i 3arty 0 even today can regard acts that in other co%ntries are called #%rder, he
repeated the phrase in his 9(o##ents on the $%dg#ent of the 'irst !nstance,9 prepared for the
review of the case before the *%pre#e (o%rt; he said again that not "ich#ann, b%t one of his
#en, Rolf 4Mnther, 9was always engaged in #edical #atters9 <7r *ervati%s is well ac/%ainted
with 9#edical #atters9 in the Third Reich )t N%re#berg he defended 7r Darl 2randt, 1itler@s
personal physician, 3lenipotentiary for 91ygiene and 1ealth,9 and chief of the e%thanasia
progra#>
69
"ach of the 1ead ?ffices of the **, in its warti#e organi-ation, was divided into sections and
s%bsections, and the R*1) event%ally contained seven #ain sections *ection != was the
b%rea% of the 4estapo, and it was headed by 4r%ppenfMhrer <#a:or general> 1einrich MMller,
whose rank was the one he had held in the 2avarian police 1is task was to co#bat 9opponents
hostile to the *tate,9 of which there were two categories, to be dealt with by two sections8
*%bsection !=0) handled 9opponents9 acc%sed of (o##%nis#, *abotage, Aiberalis#, and
)ssassinations, and *%bsection !=02 dealt with 9sects,9 that is, (atholics, 3rotestants,
'ree#asons <the post re#ained vacant>, and $ews "ach of the categories in these s%bsections
received an office of its own, designated by an arabic n%#eral, so that "ich#ann event%ally 0 in
1961 0 was appointed to the desk of !=0206 in the R*1) *ince his i##ediate s%perior, the
head of !=02, t%rned o%t to be a nonentity, his real s%perior was always MMller MMller@s s%perior
was 1eydrich, and later Daltenbr%nner, each of who# was, in his t%rn, %nder the co##and of
1i##ler, who received his orders directly fro# 1itler
!n addition to his twelve 1ead ?ffices, 1i##ler presided over an altogether different
organi-ational set%p, which also played an enor#o%s role in the e.ec%tion of the 'inal *ol%tion
This was the network of 1igher ** and 3olice Aeaders who were in co##and of the regional
organi-ations; their chain of co##and did not link the# with the R*1), they were directly
responsible to 1i##ler, and they always o%tranked "ich#ann and the #en at his disposal The
"insat-gr%ppen, on the other hand, were %nder the co##and of 1eydrich and the R*1) 0
which, of co%rse, does not #ean that "ich#ann necessarily had anything to do with the# The
co##anders of the "insat-gr%ppen also invariably held a higher rank than "ich#ann Technically
and organi-ationally, "ich#ann@s position was not very high; his post t%rned o%t to be s%ch an
i#portant one only beca%se the $ewish /%estion, for p%rely ideological reasons, ac/%ired a
greater i#portance with every day and week and #onth of the war, %ntil, in the years of defeat 0
fro# 1963 on 0 it had grown to fantastic proportions +hen that happened, his was still the only
H5
office that officially dealt with nothing b%t 9the opponent, $ewry,9 b%t in fact he had lost his
#onopoly, beca%se by then all offices and apparat%ses, *tate and 3arty, )r#y and **, were
b%sy 9solving9 that proble# "ven if we concentrate o%r attention only %pon the police #achinery
and disregard all the other offices, the pict%re is abs%rdly co#plicated, since we have to add to
the "insat-gr%ppen and the 1igher ** and 3olice Aeader (orps the (o##anders and the
!nspectors of the *ec%rity 3olice and the *ec%rity *ervice "ach of these gro%ps belonged in a
different chain of co##and that %lti#ately reached 1i##ler, b%t they were e/%al with respect to
each other and no one belonging to one gro%p owed obedience to a s%perior officer of another
gro%p The prosec%tion, it #%st be ad#itted, was in a #ost diffic%lt position in finding its way
thro%gh this labyrinth of parallel instit%tions, which it had to do each ti#e it wanted to pin so#e
specific responsibility on "ich#ann <!f the trial were to take place today, this task wo%ld be #%ch
easier, since Ra%l 1ilberg in his The 7estr%ction of the "%ropean $ews has s%cceeded in
presenting the first clear description of this incredibly co#plicated #achinery of destr%ction>
'%rther#ore, it #%st be re#e#bered that all these organs,G wielding enor#o%s power, were in
fierce co#petition with one another 0 which was no help to their victi#s, since their a#bition was
always the sa#e8 to kill as #any $ews as possible This co#petitive spirit, which, of co%rse,
inspired in each #an a great loyalty to his own o%tfit, has s%rvived the war, only now it works in
reverse8 it has beco#e each #an@s desire 9to e.onerate his own o%tfit9 at the e.pense of all the
others This was the e.planation "ich#ann gave when he was confronted with the #e#oirs of
R%dolf 1Nss, (o##ander of )%schwit-, in which "ich#ann is acc%sed of certain things that he
clai#ed he never did and was in no position to do 1e ad#itted easily eno%gh that 1Nss had no
personal reasons for saddling hi# with acts of which he was innocent, since their relations had
been /%ite friendly; b%t he insisted, in vain, that 1Nss wanted to e.c%lpate his own o%tfit, the
1ead ?ffice for )d#inistration and "cono#y, and to p%t all the bla#e on the R*1) *o#ething
of the sa#e sort happened at N%re#berg, where the vario%s acc%sed presented a na%seating
H1
spectacle by acc%sing each other 0 tho%gh none of the# bla#ed 1itlerO *till, no one did this
#erely to save his own neck at the e.pense of so#ebody else@s; the #en on trial there
represented altogether different organi-ations, with long0standing, deeply ingrained hostility to
one another 7r 1ans 4lobke, who# we #et before, tried to e.onerate his own Ministry of the
!nterior at the e.pense of the 'oreign ?ffice, when he testified for the prosec%tion at N%re#berg
"ich#ann, on the other hand, always tried to shield MMller, 1eydrich, and Daltenbr%nner,
altho%gh the latter had treated hi# /%ite badly No do%bt one of the chief ob:ective #istakes of
the prosec%tion at $er%sale# was that its case relied too heavily on sworn or %nsworn affidavits of
for#er high0ranking Na-is, dead or alive; it did not see, and perhaps co%ld not be e.pected to
see, how d%bio%s these doc%#ents were as so%rces for the establish#ent of facts "ven the
:%dg#ent, in its eval%ation of the da#ning testi#onies of other Na-i cri#inals, took into acco%nt
that <in the words of one of the defense witnesses> 9it was c%sto#ary at the ti#e of the war0cri#e
trials to p%t as #%ch bla#e as possible on those who were absent or believed to be dead9
+hen "ich#ann entered his new office in *ection != of the R*1), he was still confronted with
the %nco#fortable dile##a that on the one hand 9forced e#igration9 was the official for#%la for
the sol%tion of the $ewish /%estion, and, on the other hand, e#igration was no longer possible
'or the first <and al#ost the last> ti#e in his life in the **, he was co#pelled by circ%#stances
to take the initiative, to see if he co%ld not 9give birth to an idea9 )ccording to the version he gave
at the police e.a#ination, he was blessed with three ideas )ll three of the#, he had to ad#it,
ca#e to na%ght; everything he tried on his own invariably went wrong 0 the final blow ca#e when
he had 9to abandon9 his private fortress in 2erlin before he co%ld try it o%t against R%ssian tanks
Nothing b%t fr%stration; a hard l%ck story if there ever was one The ine.ha%stible so%rce of
tro%ble, as he saw it, was that he and his #en were never left alone, that all these other *tate and
3arty offices wanted their share in the 9sol%tion,9 with the res%lt that a veritable ar#y of 9$ewish
e.perts9 had cropped %p everywhere and were falling over the#selves in their efforts to be first in
H2
a field of which they knew nothing 'or these people, "ich#ann had the greatest conte#pt, partly
beca%se they were $ohnnies0co#e0lately, partly beca%se they tried to enrich the#selves, and
often s%cceeded in getting /%ite rich in the co%rse of their work, and partly beca%se they were
ignorant, they had not read the one or two 9basic books9
1is three drea#s t%rned o%t to have been inspired by the 9basic books,9 b%t it was also revealed
that two of the three were definitely not his ideas at all, and with respect to the third 0 well, 9! do
not know any longer whether it was *tahlecker Ehis s%perior in =ienna and 3rag%eF or #yself who
gave birth to the idea, anyhow the idea was born9 This last idea was the first, chronologically; it
was the 9idea of Nisko,9 and its fail%re was for "ich#ann the clearest possible proof of the evil of
interference <The g%ilty person in this case was 1ans 'rank, 4overnor 4eneral of 3oland> !n
order to %nderstand the plan, we #%st re#e#ber that after the con/%est of 3oland and prior to
the 4er#an attack on R%ssia, the 3olish territories were divided between 4er#any and R%ssia;
the 4er#an part consisted of the +estern Regions, which were incorporated into the Reich, and
the so0called "astern )rea, incl%ding +arsaw, which was known as the 4eneral 4overn#ent 'or
the ti#e being, the "astern )rea was treated as occ%pied territory )s the sol%tion of the $ewish
/%estion at this ti#e was still 9forced e#igration,9 with the goal of #aking 4er#any :%denrein, it
was nat%ral that 3olish $ews in the anne.ed territories, together with the re#aining $ews in other
parts of the Reich, sho%ld be shoved into the 4eneral 4overn#ent, which, whatever it #ay have
been, was not considered to be part of the Reich 2y 7ece#ber, 1939, evac%ations eastward had
started and ro%ghly one #illion $ews0si. h%ndred tho%sand fro# the incorporated area and fo%r
h%ndred tho%sand fro# the Reich 0 began to arrive in the 4eneral 4overn#ent
!f "ich#ann@s version of the Nisko advent%re is tr%e 0 and there is no reason not to believe hi# 0
he or, #ore likely, his 3rag%e and =ienna s%perior, 2rigadefMhrer <brigadier general> 'ran-
*tahlecker #%st have anticipated these develop#ents by several #onths This 7r *tahlecker, as
"ich#ann was caref%l to call hi#, was in his opinion a very fine #an, ed%cated, f%ll of reason,
H3
and 9free of hatred and cha%vinis# of any kind9 0 in =ienna, he %sed to shake hands with the
$ewish f%nctionaries ) year and a half later, in the spring of 1961, this ed%cated gentle#an was
appointed (o##ander of "insat-gr%ppe ), and #anaged to kill by shooting, in little #ore than a
year <he hi#self was killed in action in 1962>, two h%ndred and fifty tho%sand $ews 0 as he
pro%dly reported to 1i##ler hi#self, altho%gh the chief of the "insat-gr%ppen, which were police
%nits, was the head of the *ec%rity 3olice and the *7, that is, Reinhardt 1eydrich 2%t that ca#e
later, and now, in *epte#ber, 1939, while the 4er#an )r#y was still b%sy occ%pying the 3olish
territories, "ich#ann and 7r *tahlecker began to think 9privately9 abo%t how the *ec%rity *ervice
#ight get its share of infl%ence in the "ast +hat they needed was 9an area as large as possible
in 3oland, to be carved off for the erection of an a%tono#o%s $ewish state in the for# of a
protectorate This co%ld be the sol%tion9 )nd off they went, on their own initiative, witho%t
orders fro# anybody, to reconnoiter They went to the Rado# 7istrict, on the *an River, not far
fro# the R%ssian border, and they 9saw a h%ge territory, villages, #arket places, s#all towns,9
and 9we said to o%rselves8 that is what we need and why sho%ld one not resettle 3oles for a
change, since people are being resettled everywhere9; this will be 9the sol%tion of the $ewish
/%estion9 0 fir# soil %nder their feet 0 at least for so#e ti#e
"verything see#ed to go very well at first They went to 1eydrich, and 1eydrich agreed and told
the# to go ahead !t so happened 0 tho%gh "ich#ann, in $er%sale#, had co#pletely forgotten it 0
that their pro:ect fitted very well in 1eydrich@s overall plan at this stage for the sol%tion of the
$ewish /%estion ?n *epte#ber 21, 1939, he had called a #eeting of the 9heads of depart#ents9
of the R*1) and the "insat-gr%ppen <operating already in 3oland>, at which general directives
for the i##ediate f%t%re had been given8 concentration of $ews in ghettos, establish#ent of
(o%ncils of $ewish "lders, and the deportation of all $ews to the 4eneral 4overn#ent area
"ich#ann had attended this #eeting setting %p the 9$ewish (enter of "#igration9 0 as was
proved at the trial thro%gh the #in%tes, which 2%rea% 56 of the !sraeli police had discovered in
H6
the National )rchives in +ashington 1ence, "ich#ann@s, or *tahlecker@s, initiative a#o%nted to
no #ore than a concrete plan for carrying o%t 1eydrich@s directives )nd now tho%sands of
people, chiefly fro# )%stria, were deported helter0skelter into this 4od0forsaken place which, an
** officer 0"rich Ra:akowitsch, who later was in charge of the deportation of 7%tch $ews 0
e.plained to the#, 9the 'Mhrer has pro#ised the $ews as a new ho#eland There are no
dwellings, there are no ho%ses !f yo% b%ild, there will be a roof over yo%r heads There is no
water, the wells all aro%nd carry disease, there is cholera, dysentery, and typhoid !f yo% bore and
find water, yo% will have water9 )s one can see, 9everything looked #arvelo%s,9 e.cept that the
** e.pelled so#e of the $ews fro# this paradise, driving the# across the R%ssian border, and
others had the good sense to escape of their own volition 2%t then, "ich#ann co#plained, 9the
obstr%ctions began on the part of 1ans 'rank,9 who# they had forgotten to infor#, altho%gh this
was 9his9 territory 9'rank co#plained in 2erlin and a great t%g of war started 'rank wanted to
solve his $ewish /%estion all by hi#self 1e did not want to receive any #ore $ews in his 4eneral
4overn#ent Those who had arrived sho%ld disappear i##ediately9 )nd they did disappear;
so#e were even repatriated, which had never happened before and never happened again, and
those who ret%rned to =ienna were registered in the police records as 9ret%rning fro# vocational
training9 0 a c%rio%s relapse into the pro0Kionist stage of the #ove#ent
"ich#ann@s eagerness to ac/%ire so#e territory for 9his9 $ews is best %nderstood in ter#s of his
own career The Nisko plan was 9born9 d%ring the ti#e of his rapid advance#ent, and it is #ore
than likely that he saw hi#self as the f%t%re 4overnor 4eneral, like 1ans 'rank in 3oland, or the
f%t%re 3rotector, like 1eydrich in (-echoslovakia, of a 9$ewish *tate9 The %tter fiasco of the
whole enterprise, however, #%st have ta%ght hi# a lesson abo%t the possibilities and the
desirability of 9private9 initiative )nd since he and *tahlecker had acted within the fra#ework of
1eydrich@s directives and with his e.plicit consent, this %ni/%e repatriation of $ews, clearly a
te#porary defeat for the police and the **, #%st also have ta%ght hi# that the steadily
HB
increasing power of his own o%tfit did not a#o%nt to o#nipotence, that the *tate Ministries and
the other 3arty instit%tions were /%ite prepared to fight to #aintain their own shrinking power
"ich#ann@s second atte#pt at 9p%tting fir# gro%nd %nder the feet of the $ews9 was the
Madagascar pro:ect The plan to evac%ate fo%r #illion $ews fro# "%rope to the 'rench island off
the so%theast coast of )frica 0 an island with a native pop%lation of 6,3H5,555 and an area of
22H,6HJ s/%are #iles of poor land 0 had originated in the 'oreign ?ffice and was then trans#itted
to the R*1) beca%se, in the words of 7r Martin A%ther, who was in charge of $ewish affairs in
the +ilhel#strasse, only the police 9possessed the e.periences and the technical facilities to
e.ec%te an evac%ation of $ews en #asse and to g%arantee the s%pervision of the evac%ees9 The
9$ewish *tate9 was to have a police governor %nder the :%risdiction of 1i##ler The pro:ect itself
had an odd history "ich#ann, conf%sing Madagascar with ,ganda, always clai#ed to having
drea#ed 9a drea# once drea#ed by the $ewish protagonist of the $ewish *tate idea, Theodor
1er-l,9 b%t it is tr%e that his drea# had been drea#ed before 0 first by the 3olish govern#ent,
which in 193H went to #%ch tro%ble to look into the idea, only to find that it wo%ld be /%ite
i#possible to ship its own nearly three #illion $ews there witho%t killing the#, and, so#ewhat
later, by the 'rench 'oreign Minister 4eorges 2onnet, who had the #ore #odest plan of shipping
'rance@s foreign $ews, n%#bering abo%t two h%ndred tho%sand, to the 'rench colony 1e even
cons%lted his 4er#an opposite n%#ber, $oachi# von Ribbentrop, on the #atter in 193J
"ich#ann at any rate was told in the s%##er of 1965, when his e#igration b%siness had co#e to
a co#plete standstill, to work o%t a detailed plan for the evac%ation of fo%r #illion $ews to
Madagascar, and this pro:ect see#s to have occ%pied #ost of his ti#e %ntil the invasion of
R%ssia, a year later <'o%r #illion is a strikingly low fig%re for #aking "%rope :%denrein !t
obvio%sly did not incl%de three #illion 3olish $ews who, as everybody knew, had been being
#assacred ever since the first days of the war> That anybody e.cept "ich#ann and so#e other
lesser l%#inaries ever took the whole thing serio%sly see#s %nlikely, for 0 apart fro# the fact that
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the territory was known to be %ns%itable, not to #ention the fact that it was, after all, a 'rench
possession 0 the plan wo%ld have re/%ired shipping space for fo%r #illion in the #idst of a war
and at a #o#ent when the 2ritish Navy was in control of the )tlantic The Madagascar plan was
always #eant to serve as a cloak %nder which the preparations for the physical e.ter#ination of
all the $ews of +estern "%rope co%ld be carried forward <no s%ch cloak was needed for the
e.ter#ination of 3olish $ewsO>, and its great advantage with respect to the ar#y of trained anti0
*e#ites, who, try as they #ight, always fo%nd the#selves one step behind the 'Mhrer, was that it
fa#iliari-ed all concerned with the preli#inary notion that nothing less than co#plete evac%ation
fro# "%rope wo%ld do 0 no special legislation, no 9dissi#ilation,9 no ghettos wo%ld s%ffice +hen,
a year later, the Madagascar pro:ect was declared to have beco#e 9obsolete,9 everybody was
psychologically, or rather, logically, prepared for the ne.t step8 since there e.isted no territory to
which one co%ld 9evac%ate,9 the only 9sol%tion9 was e.ter#ination
Not that "ich#ann, the tr%th0revealer for generations to co#e, ever s%spected the e.istence of
s%ch sinister plans +hat bro%ght the Madagascar enterprise to na%ght was lack of ti#e, and ti#e
was wasted thro%gh the never0ending interference fro# other offices !n $er%sale#, the police as
well as the co%rt tried to shake hi# o%t of his co#placency They confronted hi# with two
doc%#ents concerning the #eeting of *epte#ber 21, 1939, #entioned above; one of the#, a
teletyped letter written by 1eydrich and containing certain directives to the "insat-gr%ppen,
disting%ished for the first ti#e between a 9final ai#, re/%iring longer periods of ti#e9 and to be
treated as 9top secret,9 and 9the stages for achieving this final ai#9 The phrase 9final sol%tion9
did not yet appear, and the doc%#ent is silent abo%t the #eaning of a 9final ai#9 1ence,
"ich#ann co%ld have said, all right, the 9final ai#9 was his Madagascar pro:ect, which at this ti#e
was being kicked aro%nd all the 4er#an offices; for
a #ass evac%ation, the concentration of all $ews was a necessary preli#inary 9stage9 2%t
"ich#ann, after reading the doc%#ent caref%lly, said i##ediately that he was convinced that
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9final ai#9 co%ld only #ean 9physical e.ter#ination,9 and concl%ded that 9this basic idea was
already rooted in the #inds of the higher leaders, or the #en at the very top9 This #ight indeed
have been the tr%th, b%t then he wo%ld have had to ad#it that the Madagascar pro:ect co%ld not
have been #ore than a hoa. +ell, he did not; he never changed his Madagascar story, and
probably he :%st co%ld not change it !t was as tho%gh this story ran along a different tape in his
#e#ory, and it was this taped #e#ory that showed itself to be proof against reason and
arg%#ent and infor#ation and insight of any kind
1is #e#ory infor#ed hi# that there had e.isted a l%ll in the activities against +estern and
(entral "%ropean $ews between the o%tbreak of the war <1itler, in his speech to the Reichstag of
$an%ary 35, 1939, had 9prophesied9 that war wo%ld bring 9the annihilation of the $ewish race in
"%rope9> and the invasion of R%ssia To be s%re, even then the vario%s offices in the Reich and in
the occ%pied territories were doing their best to eli#inate 9the opponent, $ewry,9 b%t there was no
%nified policy; it see#ed as tho%gh every office had its own 9sol%tion9 and #ight be per#itted to
apply it or to pit it against the sol%tions of its co#petitors "ich#ann@s sol%tion was a police state,
and for that he needed a si-able territory )ll his 9efforts failed beca%se of the lack of
%nderstanding of the #inds concerned,9 beca%se of 9rivalries,9 /%arrels, s/%abbling, beca%se
everybody 9vied for s%pre#acy9 )nd then it was too late; the war against R%ssia 9str%ck
s%ddenly, like a th%nderclap9 That was the end of his drea#s, as it #arked the end of 9the era of
searching for a sol%tion in the interest of both sides9 !t was also, as he recogni-ed in the
#e#oirs he wrote in )rgentina, 9the end of an era in which there e.isted laws, ordinances,
decrees for the treat#ent of individ%al $ews9 )nd, according to hi#, it was #ore than that, it was
the end of his career, and tho%gh this so%nded rather cra-y in view of his present 9fa#e,9 it co%ld
not be denied that he had a point 'or his o%tfit, which either in the act%ality of 9forced e#igration9
or in the 9drea#9 of a Na-i0r%led $ewish *tate had been the final a%thority in all $ewish #atters,
now 9receded into the second rank so far as the 'inal *ol%tion of the $ewish /%estion was
HJ
concerned, for what was now initiated was transferred to different %nits, and negotiations were
cond%cted by another 1ead ?ffice, %nder the co##and of the for#er ReichsfMhrer ** and
(hief of the 4er#an 3olice9 The 9different %nits9 were the picked gro%ps of killers, who operated
in the rear of the )r#y in the "ast, and whose special d%ty consisted of #assacring the native
civilian pop%lation and especially the $ews; and the other 1ead ?ffice was the +=1), %nder
?swald 3ohl, to which "ich#ann had to apply to find o%t the %lti#ate destination of each
ship#ent of $ews This was calc%lated according to the 9absorptive capacity9 of the vario%s killing
installations and also according to the re/%ests for slave workers fro# the n%#ero%s ind%strial
enterprises that had fo%nd it profitable to establish branches in the neighborhood of so#e of the
death ca#ps <)part fro# the not very i#portant ind%strial enterprises of the **, s%ch fa#o%s
4er#an fir#s as !4 'arben, the Dr%pp +erke, and *ie#ens0*ch%ckert +erke had established
plants in )%schwit- as well as near the A%blin death ca#ps (ooperation between the ** and
the b%siness#en was e.cellent; 1Nss of )%schwit- testified to very cordial social relations with
the !4 'arben representatives )s for working conditions, the idea was clearly to kill thro%gh
labor; according to 1ilberg, at least twenty0five tho%sand of the appro.i#ately thirty0five tho%sand
$ews who worked for one of the !4 'arben plants died> )s far as "ich#ann was concerned, the
point was that evac%ation and deportation were no longer the last stages of the 9sol%tion9 1is
depart#ent had beco#e #erely instr%#ental 1ence he had every reason to be very 9e#bittered
and disappointed9 when the Madagascar pro:ect was shelved; and the only thing he had to
console hi# was his pro#otion to ?berst%r#bannfMhrer,, which ca#e in ?ctober, 1961
The last ti#e "ich#ann recalled having tried so#ething on his own was in *epte#ber, 1961,
three #onths after the invasion of R%ssia This was :%st after 1eydrich, still chief of the *ec%rity
3olice and the *ec%rity *ervice, had beco#e 3rotector of 2ohe#ia and Moravia To celebrate the
occasion, he had called a press conference and had pro#ised that in eight weeks the
3rotectorate wo%ld be :%denrein )fter the conference, he disc%ssed the #atter with those who
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wo%ld have to #ake his word good 0 with 'ran- *tahlecker, who was then local co##ander of
the *ec%rity 3olice in 3rag%e, and with the ,ndersecretary of *tate, Darl 1er#ann 'rank, a
for#er *%deten leader who soon after 1eydrich@s death was to s%cceed hi# as Reichsprotektor
'rank, in "ich#ann@s opinion, was a low type, a $ew0hater of the 9*treicher kind9 who 9didn@t
know a thing abo%t political sol%tions,9 one of those people who, 9a%tocratically and, let #e say, in
the dr%nkenness of their power si#ply gave orders and co##ands9 2%t otherwise the
conference was en:oyable 'or the first ti#e, 1eydrich showed 9a #ore h%#an side9 and
ad#itted, with bea%tif%l frankness, that he had 9allowed his tong%e to r%n away with hi#9 0 9no
great s%rprise to those who knew 1eydrich,9 an 9a#bitio%s and i#p%lsive character,9 who 9often
let words slip thro%gh the fence of his teeth #ore /%ickly than he later #ight have liked9 *o
1eydrich hi#self said8 9There is the #ess, and what are we going to do nowC9 +here%pon
"ich#ann said8 9There e.ists only one possibility, if yo% cannot retreat fro# yo%r anno%nce#ent
4ive eno%gh roo# into which to transfer the $ews of the 3rotectorate, who now live dispersed9
<) $ewish ho#eland, a gathering 0 in of the e.iles in the 7iaspora> )nd then, %nfort%nately, 'rank
0 the $ew0hater of the *treicher kind 0 #ade a concrete proposal, and that was that the roo# be
provided at Theresienstadt +here%pon 1eydrich, perhaps also in the dr%nkenness of his power,
si#ply ordered the i##ediate evac%ation of the native (-ech pop%lation fro# Theresienstadt, to
#ake roo# for the $ews
"ich#ann was sent there to look things over 4reat disappoint#ent8 the 2ohe#ian fortress town
on the banks of the "ger was far too s#all; at best, it co%ld beco#e a transfer ca#p for a certain
percentage of the ninety tho%sand $ews in 2ohe#ia and Moravia <'or abo%t fifty tho%sand
(-ech $ews, Theresienstadt indeed beca#e a transfer ca#p on the way to )%schwit-, while an
esti#ated twenty tho%sand #ore reached the sa#e destination directly> +e know fro# better
so%rces than "ich#ann@s fa%lty #e#ory that Theresienstadt, fro# the beginning, was designed
by 1eydrich to serve as a special ghetto for certain privileged categories of $ews, chiefly, b%t not
J5
e.cl%sively, fro# 4er#any 0 $ewish f%nctionaries, pro#inent people, war veterans with high
decorations, invalids, the $ewish partners of #i.ed #arriages, and 4er#an $ews over si.ty0five
years of age <hence the nickna#e )ltersghetto> The town proved too s#all even for these
restricted categories, and in 1963, abo%t a year after its establish#ent, there began the 9thinning
o%t9 or 9loosening %p9 <)%flocker%ng> processes by which overcrowding was reg%larly relieved 0
by #eans of transport to )%schwit- 2%t in one respect, "ich#ann@s #e#ory did not deceive hi#
Theresienstadt was in fact the only concentration ca#p that did not fall %nder the a%thority of the
+=1) b%t re#ained his own responsibility to the end !ts co##anders were #en fro# his own
staff and always his inferiors in rank; it was the only ca#p in which he had at least so#e of the
power which the prosec%tion in $er%sale# ascribed to hi#
"ich#ann@s #e#ory, :%#ping with great ease over the years 0 he was two years ahead of the
se/%ence of events when he told the police e.a#iner the story of Theresienstadt 0 was certainly
not controlled by chronological order, b%t it was not si#ply erratic !t was like a storeho%se, filled
with h%#an0interest stories of the worst type +hen he tho%ght back to 3rag%e, there e#erged
the occasion when he was ad#itted to the presence of the great 1eydrich, who showed hi#self
to have a 9#ore h%#an side9 ) few sessions later, he #entioned a trip to 2ratislava, in *lovakia,
where he happened to be at the ti#e when 1eydrich was assassinated +hat he re#e#bered
was that he was there as the g%est of *ano Mach, Minister of the !nterior in the 4er#anestablished
*lovakian p%ppet govern#ent <!n that strongly anti0*e#itic (atholic govern#ent,
Mach represented the 4er#an version of anti0*e#itis#; he ref%sed to allow e.ceptions for
bapti-ed $ews and he was one of the persons chiefly responsible for the wholesale deportation of
*lovak $ewry> "ich#ann re#e#bered this beca%se it was %n%s%al for hi# to receive social
invitations fro# #e#bers of govern#ents; it was an honor Mach, as "ich#ann recalled, was a
nice, easygoing fellow who invited hi# to bowl with hi# 7id he really have no other b%siness in
2ratislava in the #iddle of the war than to go bowling with the Minister of the !nteriorC No,
J1
absol%tely no other b%siness; he re#e#bered it all very well, how they bowled, and how drinks
were served :%st before the news of the atte#pt on 1eydrich@s life arrived 'o%r #onths and fiftyfive
tapes later, (aptain Aess, the !sraeli e.a#iner, ca#e back to this point, and "ich#ann told
the sa#e story in nearly identical words, adding that this day had been 9%nforgettable,9 beca%se
his 9s%perior had been assassinated9 This ti#e, however, he was confronted with a doc%#ent
that said he had been sent to 2ratislava to talk over 9the c%rrent evac%ation action against $ews
fro# *lovakia9 1e ad#itted his error at once8 9(lear, clear, that was an order fro# 2erlin, they
did not send #e there to go bowling9 1ad he lied twice, with great consistencyC 1ardly To
evac%ate and deport $ews had beco#e ro%tine b%siness; what st%ck in his #ind was bowling,
being the g%est of a Minister, and hearing of the attack on 1eydrich )nd it was characteristic of
his kind of #e#ory that he co%ld absol%tely not recall the year in which this #e#orable day fell,
on which 9the hang#an9 was shot by (-ech patriots
1ad his #e#ory served hi# better, he wo%ld never have told the Theresienstadt story at all 'or
all this happened when the ti#e of 9political sol%tions9 had passed and the era of the 9physical
sol%tion9 had beg%n !t happened when, as he was to ad#it freely and spontaneo%sly in another
conte.t, he had already been infor#ed of the 'Mhrer@s order for the 'inal *ol%tion To #ake a
co%ntry :%denrein at the date when 1eydrich pro#ised to do so for 2ohe#ia and Moravia co%ld
#ean only concentration and deportation to points fro# which $ews co%ld easily be shipped to
the killing centers That Theresienstadt act%ally ca#e to serve another p%rpose, that of a
showplace for the o%tside world 0 it was the only ghetto or ca#p to which representatives of the
!nternational Red (ross were ad#itted 0 was another #atter, one of which "ich#ann at that
#o#ent was al#ost certainly ignorant and which, anyhow, was altogether o%tside the scope of
his co#petence
= ! 8 The 'inal *ol%tion8 Dilling
?n $%ne 22, 1961, 1itler la%nched his attack on the *oviet ,nion, and si. or eight weeks later
J2
"ich#ann was s%##oned to 1eydrich@s office in 2erlin ?n $%ly 31, 1eydrich had received a
letter fro# Reichs#arschall 1er#ann 4oring, (o##ander0in0(hief of the )ir 'orce, 3ri#e
Minister of 3r%ssia, 3leinipotentiary for the 'o%r0&ear03lan, and, last b%t not least, 1itler@s 7ep%ty
in the *tate <as disting%ished fro# the 3arty> hierarchy The letter co##issioned 1eydrich to
prepare 9the general sol%tion E4esa#tlos%ngF of the $ewish /%estion within the area of 4er#an
infl%ence in "%rope,9 and to s%b#it 9a general proposal for the i#ple#entation of the desired
final sol%tion E"ndlos%ngF of the $ewish /%estion9 )t the ti#e 1eydrich received these
instr%ctions, he had already been 0 as he was to e.plain to the 1igh (o##and of the )r#y in a
letter dated Nove#ber 6, 1961 0 9entr%sted for years with the task of preparing the final sol%tion of
the $ewish proble#9 <Reitlinger>, and since the beginning of the war with R%ssia, he had been in
charge of the #ass killings by the "insat-gr%ppen in the "ast
1eydrich opened his interview with "ich#ann with 9a little speech abo%t e#igration9 <which had
practically ceased, tho%gh 1i##ler@s for#al order prohibiting all $ewish e#igration e.cept in
special cases, to be passed %pon by hi# personally, was not iss%ed %ntil a few #onths later>, and
then said8 9The 'Mhrer has ordered the physical e.ter#ination of the $ews9 )fter which, 9very
#%ch against his habits, he re#ained silent for a long while, as tho%gh he wanted to test the
i#pact of his words ! re#e#ber it even today !n the first #o#ent, ! was %nable to grasp the
significance of what he had said, beca%se he was so caref%l in choosing his words, and then !
%nderstood, and didn@t say anything, beca%se there was nothing to say any #ore 'or ! had never
tho%ght of s%ch a thing, s%ch a sol%tion thro%gh violence ! now lost everything, all :oy in #y work,
all initiative, all interest; ! was, so to speak, blown o%t )nd then he told #e8 @"ich#ann, yo% go
and see 4lobocnik Eone of 1i##ler@s 1igher ** and 3olice Aeaders in the 4eneral 4overn#entF
in A%blin, the ReichsfMhrer E1i##lerF has already given hi# the necessary orders, have a look at
what he has acco#plished in the #eanti#e ! think he %ses the R%ssian tank trenches for the
li/%idation of the $ews@ ! still re#e#ber that, for !@ll never forget it no #atter how long ! live, those
J3
sentences he said d%ring that interview, which was already at an end9 )ct%ally 0 as "ich#ann
still re#e#bered in )rgentina b%t had forgotten in $er%sale#, #%ch to his disadvantage, since it
had bearing on the /%estion of his own a%thority in the act%al killing process 0 1eydrich had said
a little #ore8 he had told "ich#ann that the whole enterprise had been 9p%t %nder the a%thority of
the ** 1ead ?ffice for "cono#y and )d#inistration9 0 that is, not of his own R*1) 0 and
also that the official code na#e for e.ter#ination was to be 9'inal *ol%tion9
"ich#ann was by no #eans a#ong the first to be infor#ed of 1itler@s intention +e have seen
that 1eydrich had been working in this direction for years, pres%#ably since the beginning of the
war, and 1i##ler clai#ed to have been told <and to have protested against> this 9sol%tion9
i##ediately after the defeat of 'rance in the s%##er of 1965 2y March, 1961, abo%t si. #onths
before "ich#ann had his interview with 1eydrich, 9it was no secret in higher 3arty circles that the
$ews were to be e.ter#inated,9 as =iktor 2rack, of the 'Mhrer@s (hancellery, testified at
N%re#berg 2%t "ich#ann, as he vainly tried to e.plain in $er%sale#, had never belonged to the
higher 3arty circles; he had never been told #ore than he needed to know in order to do a
specific, li#ited :ob !t is tr%e that he was one of the first #en in the lower echelons to be infor#ed
of this 9top secret9 #atter, which re#ained top secret even after the news had spread thro%gho%t
all the 3arty and *tate offices, all b%siness enterprises connected with slave labor, and the entire
officer corps <at the very least> of the )r#ed 'orces *till, the secrecy did have a practical
p%rpose Those who were told e.plicitly of the 'Mhrer@s order were no longer #ere 9bearers of
orders,9 b%t were advanced to 9bearers of secrets,9 and a special oath was ad#inistered to the#
<The #e#bers of the *ec%rity *ervice, to which "ich#ann had belonged since 1936, had in any
case taken an oath of secrecy>
'%rther#ore, all correspondence referring to the #atter was, s%b:ect to rigid 9lang%age r%les,9
and, e.cept in the reports fro# the "insat-gr%ppen, it is rare to find doc%#ents in which s%ch bald
words as 9e.ter#ination,9 9li/%idation,9 or 9killing9 occ%r The prescribed code na#es for killing
J6
were 9final sol%tion,9 9evac%ation9 <)%ssiedl%ng>, and 9special treat#ent9 <*onderbehandl%ng>;
deportation 0 %nless it involved $ews directed to Theresienstadt, the 9old people@s ghetto9 for
privileged $ews, in which case it was called 9change of residence9 0 received the na#es of
9resettle#ent9 <,#siedl%ng> and 9labor in the "ast9 <)rbeitseinsat- i# ?sten>, the point of these
latter na#es being that $ews were indeed often te#porarily resettled in ghettos and that a certain
percentage of the# were te#porarily %sed for labor ,nder special circ%#stances, slight changes
in the lang%age r%les beca#e necessary Th%s, for instance, a high official in the 'oreign ?ffice
once proposed that in all correspondence with the =atican the killing of $ews be called the
9radical sol%tion9; this was ingenio%s, beca%se the (atholic p%ppet govern#ent of *lovakia, with
which the =atican had intervened, had not been, in the view of the Na-is, 9radical eno%gh9 in its
anti0$ewish legislation, having co##itted the 9basic error9 of e.cl%ding bapti-ed $ews ?nly
a#ong the#selves co%ld the 9bearers of secrets9 talk in %ncoded lang%age, and it is very %nlikely
that they did so in the ordinary p%rs%it of their #%rdero%s d%ties 0 certainly not in the presence of
their stenographers and other office personnel 'or whatever other reasons the lang%age r%les
#ay have been devised, they proved of enor#o%s help in the #aintenance of order and sanity in
the vario%s widely diversified services whose cooperation was essential in this #atter Moreover,
the very ter# 9lang%age r%le9 <*prachregel%ng> was itself a code na#e; it #eant what in ordinary
lang%age wo%ld be called a lie 'or when a 9bearer of secrets9 was sent to #eet so#eone fro#
the o%tside world 0 as when "ich#ann was sent to show the Theresienstadt ghetto to
!nternational Red (ross representatives fro# *wit-erland 0 he received, together with his orders,
his 9lang%age r%le,9 which in this instance consisted of a lie abo%t a none.istent typh%s epide#ic
in the concentration ca#p of 2ergen02elsen, which the gentle#en also wished to visit The net
effect of this lang%age syste# was not to keep these people ignorant of what they were doing, b%t
to prevent the# fro# e/%ating it with their old, 9nor#al9 knowledge of #%rder and lies
"ich#ann@s great s%sceptibility to catch words and stock phrases, co#bined with his incapacity
JB
for ordinary speech, #ade hi#, of co%rse, an ideal s%b:ect for 9lang%age r%les9
The syste#, however, was not a foolproof shield against reality, as "ich#ann was soon to find
o%t 1e went to A%blin to see 2rigadefMhrer ?dilo 4lobocnik, for#er 4a%leiter of =ienna 0 tho%gh
not, of co%rse, despite what the prosec%tion #aintained, 9to convey to hi# personally the secret
order for the physical e.ter#ination of the $ews,9 which 4lobocnik certainly knew of before
"ich#ann did 0 and he %sed the phrase 9'inal *ol%tion9 as a kind of password by which to identify
hi#self <) si#ilar assertion by the prosec%tion, which showed to what degree it had got lost in
the b%rea%cratic labyrinth of the Third Reich, referred to R%dolf 1Nss, (o##ander of )%schwit-,
who it believed had also received the 'Mhrer@s order thro%gh "ich#ann This error was at least
#entioned by the defense as being 9witho%t corroborative evidence9 )ct%ally, 1Nss hi#self
testified at his own trial that he had received his orders directly fro# 1i##ler, in $%ne, 1961, and
added that 1i##ler had told hi# "ich#ann wo%ld disc%ss with hi# certain 9details9 These
details, 1Nss clai#ed in his #e#oirs, concerned the %se of gas 0 so#ething "ich#ann
stren%o%sly denied )nd he was probably right, for all other so%rces contradict 1Nss@s story and
#aintain that written or oral e.ter#ination orders in the ca#ps always went thro%gh the +=1)
and were given either by its chief, ?bergr%ppenfMhrer Elie%tenant generalF ?swald 3ohl, or by
2rigadef%hrer Richard 4lMcks, who was 1iss@s direct s%perior <(oncerning the do%btf%l reliability
of 1Nss@s testi#ony see also R 3endorf, MNrder and "r#ordete, 1961> )nd with the %se of gas
"ich#ann had nothing whatever to do The 9details9 that he went to disc%ss with 1Nss at reg%lar
intervals concerned the killing capacity of the ca#p 0 how #any ship#ents per week it co%ld
absorb 0 and also, perhaps, plans for e.pansion> 4lobocnik, when "ich#ann arrived at A%blin,
was very obliging, and showed hi# aro%nd with a s%bordinate They ca#e to a road thro%gh a
forest, to the right of which there was an ordinary ho%se where workers lived ) captain of the
?rder 3olice <perhaps Dri#inalko##issar (hristian +irth hi#self, who had been in charge of the
technical side of the gassing of 9inc%rably sick people9 in 4er#any, %nder the a%spices of the
J6
'Mhrer@s (hancellery> ca#e to greet the#, led the# to a few s#all wooden b%ngalows, and
began, 9in a v%lgar %ned%cated harsh voice,9 his e.planations8 9how he had everything nicely
ins%lated, for the engine of a R%ssian s%b#arine will be set to work and the gases will enter this
b%ilding and the $ews will be poisoned 'or #e, too, this was #onstro%s ! a# not so to%gh as to
be able to end%re so#ething of this sort witho%t any reaction !f today ! a# shown a gaping
wo%nd, ! can@t possibly look at it ! a# that type of person, so that very often ! was told that !
co%ldn@t have beco#e a doctor ! still re#e#ber how ! pict%red the thing to #yself, and then !
beca#e physically weak, as tho%gh ! had lived thro%gh so#e great agitation *%ch things happen
to everybody, and it left behind a certain inner tre#bling9
+ell, he had been l%cky, for he had still seen only the preparations for the f%t%re carbon#ono.ide
cha#bers at Treblinka, one of the si. death ca#ps in the "ast, in which several
h%ndred tho%sand people were to die *hortly after this, in the a%t%#n of the sa#e year, he was
sent by his direct s%perior M%ller to inspect the killing center in the +estern Regions of 3oland
that had been incorporated into the Reich, called the +arthega% The death ca#p was at D%l#
<or, in 3olish, (hel#no>, where, in 1966, over three h%ndred tho%sand $ews fro# all over "%rope,
who had first been 9resettled9 in the Aod- ghetto, were killed 1ere things were already in f%ll
swing, b%t the #ethod was different; instead of gas cha#bers, #obile gas vans were %sed This
is what "ich#ann saw8 The $ews were in a large roo#; they were told to strip; then a tr%ck
arrived, stopping directly before the entrance to the roo#, and the naked $ews were told to enter
it The doors were closed and the tr%ck started off 9! cannot tell Ehow #any $ews enteredF, !
hardly looked ! co%ld not; ! co%ld not; ! had had eno%gh The shrieking, and ! was #%ch too
%pset, and so on, as ! later told M%ller when ! reported to hi#; he did not get #%ch profit o%t of #y
report ! then drove along after the van, and then ! saw the #ost horrible sight ! had th%s far seen
in #y life The tr%ck was #aking for an open ditch, the doors were opened, and the corpses were
thrown o%t, as tho%gh they were still alive, so s#ooth were their li#bs They were h%rled into the
JH
ditch, and ! can still see a civilian e.tracting the teeth with tooth pliers )nd then ! was off0:%#ped
into #y car and did not open #y #o%th any #ore )fter that ti#e, ! co%ld sit for ho%rs beside #y
driver witho%t e.changing a word with hi# There ! got eno%gh ! was finished ! only re#e#ber
that a physician in white overalls told #e to look thro%gh a hole into the tr%ck while they were still
in it ! ref%sed to do that ! co%ld not ! had to disappear9
=ery soon after that, he was to see so#ething #ore horrible This happened when he was sent to
Minsk, in +hite R%ssia, again by MMller, who told hi#8 9!n Minsk, they are killing $ews by
shooting ! want yo% to report on how it is being done9 *o he went, and at first it see#ed as
tho%gh he wo%ld be l%cky, for by the ti#e he arrived, as it happened, 9the affair had al#ost been
finished,9 which pleased hi# very #%ch 9There were only a few yo%ng #arks#en who took ai#
at the sk%lls of dead people in a large ditch9 *till, he saw, 9and that was /%ite eno%gh for #e, a
wo#an with her ar#s stretched backward, and then #y knees went weak and off ! went9 +hile
driving back, he had the notion of stopping at AwSw; this see#ed a good idea, for AwSw <or
Ae#berg> had been an )%strian city, and when he arrived there he 9saw the first friendly pict%re
after the horrors That was the railway station b%ilt in honor of the si.tieth year of 'ran- $osef@s
reign9 0 a period "ich#ann had always 9adored,9 since he had heard so #any nice things abo%t it
in his parents@ ho#e, and had also been told how the relatives of his step#other <we are #ade to
%nderstand that he #eant the $ewish ones> had en:oyed a co#fortable social stat%s and had
#ade good #oney This sight of the railway station drove away all the horrible tho%ghts, and he
re#e#bered it down to its last detail 0 the engraved year of the anniversary, for instance 2%t
then, right there in lovely AwSw, he #ade a big #istake 1e went to see the local **
co##ander, and told hi#8 9+ell, it is horrible what is being done aro%nd here; ! said yo%ng
people are being #ade into sadists
1ow can one do thatC *i#ply bang away at wo#en and childrenC That is i#possible ?%r people
will go #ad or beco#e insane, o%r own people9 The tro%ble was that at AwSw they were doing
JJ
the sa#e thing they had been doing in Minsk, and his host was delighted to show hi# the sights,
altho%gh "ich#ann tried politely to e.c%se hi#self Th%s, he saw another 9horrible sight ) ditch
had been there, which was already filled in )nd there was, g%shing fro# the earth, a spring of
blood like a fo%ntain *%ch a thing ! had never seen before ! had had eno%gh of #y co##ission,
and ! went back to 2erlin and reported to 4r%ppenfMhrer MMller9
This was not yet the end )ltho%gh "ich#ann told hi# that he was not 9to%gh eno%gh9 for these
sights, that he had never been a soldier, had never been to the front, had never seen action, that
he co%ld not sleep and had night#ares, MMller, so#e nine #onths later, sent hi# back to the
A%blin region, where the very enth%siastic 4lobocnik had #eanwhile finished his preparations
"ich#ann said that this now was the #ost horrible thing he had ever seen in his life +hen he
first arrived, he co%ld not recogni-e the place, with its few wooden b%ngalows !nstead, g%ided by
the sa#e #an with the v%lgar voice, he ca#e to a railway station, with the sign 9Treblinka9 on it,
that looked e.actly like an ordinary station anywhere in 4er#any 0 the sa#e b%ildings, signs,
clocks, installations; it was a perfect i#itation 9! kept #yself back, as far as ! co%ld, ! did not draw
near to see all that *till, ! saw how a col%#n of naked $ews filed into a large hall to be gassed
There they were killed, as ! was told, by so#ething called cyanic acid9
The fact is that "ich#ann did not see #%ch !t is tr%e, he repeatedly visited )%schwit-, the largest
and #ost fa#o%s of the death ca#ps, b%t )%schwit-, covering an area of eighteen s/%are #iles,
in ,pper *ilesia, was by no #eans only an e.ter#ination ca#p; it was a h%ge enterprise with %p
to a h%ndred tho%sand in#ates, and all kinds of prisoners were held there, incl%ding non0$ews
and slave laborers, who were not s%b:ect to gassing !t was easy to avoid the killing installations,
and 1Nss, with who# he had a very friendly relationship, spared hi# the gr%eso#e sights 1e
never act%ally attended a #ass e.ec%tion by shooting, he never act%ally watched the gassing
process, or the selection of those fit for work 0 abo%t twenty0five per cent of each ship#ent, on the
average 0 that preceded it at )%schwit- 1e saw :%st eno%gh to be f%lly infor#ed of how the
J9
destr%ction #achinery worked8 that there were two different #ethods of killing, shooting and
gassing; that the shooting was done by the "insat-gr%ppen and the gassing at the ca#ps, either
in cha#bers or in #obile vans; and in the ca#ps elaborate preca%tions were taken to fool the
victi#s right %p to the end
The police tapes fro# which ! have /%oted were played in co%rt d%ring the tenth of the trial@s
h%ndred and twenty0one sessions, on the ninth day of the al#ost nine #onths it lasted Nothing
the acc%sed said, in the c%rio%sly dise#bodied voice that ca#e o%t of the tape0recorder 0 do%bly
dise#bodied, beca%se the body that owned the voice was present b%t itself also appeared
strangely dise#bodied thro%gh the thick glass walls s%rro%nding it 0 was denied either by hi# or
by the defense 7r *ervati%s did not ob:ect, he only #entioned that 9later, when the defense will
rise to speak,9 he, too, wo%ld s%b#it to the co%rt so#e of the evidence given by the acc%sed to
the police; he never did The defense, one felt, co%ld rise right away, for the cri#inal proceedings
against the acc%sed in this 9historic trial9 see#ed co#plete, the case for the prosec%tion
established The facts of the case, of what "ich#ann had done 0 tho%gh not of everything the
prosec%tion wished he had done 0 were never in disp%te; they had been established long before
the trial started, and had been confessed to by hi# over and over again There was #ore than
eno%gh, as he occasionally pointed o%t, to hang hi# <97on@t yo% have eno%gh on #eC9 he
ob:ected, when the police e.a#iner tried to ascribe to hi# powers he never possessed> 2%t
since he had been e#ployed in transportation and not in killing, the /%estion re#ained, legally,
for#ally, at least, of whether he had known what he was doing; and there was the additional
/%estion of whether he had been in a position to :%dge the enor#ity of his deeds 0 whether he
was legally responsible, apart fro# the fact that he was #edically sane 2oth /%estions now were
answered in the affir#ative8 he had seen the places to which the ship#ents were directed, and he
had been shocked o%t of his wits ?ne last /%estion, the #ost dist%rbing of all, was asked by the
:%dges, and especially by the presiding :%dge, over and over again8 1ad the killing of $ews gone
95
against his conscienceC 2%t this was a #oral /%estion, and the answer to it #ay not have been
legally relevant
2%t if the facts of the case were now established, two #ore legal /%estions arose 'irst, co%ld he
be released fro# cri#inal responsibility, as *ection 15 of the law %nder which he was tried
provided, beca%se he had done his acts 9in order to save hi#self fro# the danger of i##ediate
death9C )nd, second, co%ld he plead e.ten%ating circ%#stances, as *ection 11 of the sa#e law
en%#erated the#8 had he done 9his best to red%ce the gravity of the conse/%ences of the
offense9 or 9to avert conse/%ences #ore serio%s than those which res%lted9C (learly, *ections
15 and 11 of the Na-is and Na-i (ollaborators <3%nish#ent> Aaw of 19B5 had been drawn %p
with $ewish 9collaborators9 in #ind $ewish *onderko##andos <special %nits> had everywhere
been e#ployed in the act%al killing process, they had co##itted cri#inal acts 9in order to save
the#selves fro# the danger of i##ediate death,9 and the $ewish (o%ncils and "lders had
cooperated beca%se they tho%ght they co%ld 9avert conse/%ences #ore serio%s than those which
res%lted9 !n "ich#ann@s case, his own testi#ony s%pplied the answer to both /%estions, and it
was clearly negative !t is tr%e, he once said his only alternative wo%ld have been s%icide, b%t this
was a lie, since we know how s%rprisingly easy it was for #e#bers of the e.ter#ination s/%ads to
/%it their :obs witho%t serio%s conse/%ences for the#selves; b%t he did not insist on this point, he
did not #ean to be taken literally !n the N%re#berg doc%#ents 9not a single case co%ld be traced
in which an ** #e#ber had s%ffered the death penalty beca%se of a ref%sal to take part in an
e.ec%tion9 E1erbert $Lger, 92etracht%ngen -%# "ich#ann03ro-ess,9 in Dri#inologie and
*trafrechtsrefor#, 1962F )nd in the trial itself there was the testi#ony of a witness for the
defense, von de# 2ach0Kelewski, who declared8 9!t was possible to evade a co##ission by an
application for transfer To be s%re, in individ%al cases, one had to be prepared for a certain
disciplinary p%nish#ent ) danger to one@s life, however, was not at all involved9 "ich#ann knew
/%ite well that he was by no #eans in the classical 9diffic%lt position9 of a soldier who #ay 9be
91
liable to be shot by a co%rt0#artial if he disobeys an order, and to be hanged by a :%dge and :%ry
if he obeys it9 0 as 7icey once p%t it in his fa#o%s Aaw of the (onstit%tion 0 if only beca%se as a
#e#ber of the ** he had never been s%b:ect to a #ilitary co%rt b%t co%ld only have been
bro%ght before a 3olice and ** Trib%nal !n his last state#ent to the co%rt, "ich#ann ad#itted
that he co%ld have backed o%t on one prete.t or another, and that others had done so 1e had
always tho%ght s%ch a step was 9inad#issible,9 and even now did not think it was 9ad#irable9; it
wo%ld have #eant no #ore than a switch to another well0paying :ob The postwar notion of open
disobedience was a fairy tale8 9,nder the circ%#stances s%ch behavior was i#possible Nobody
acted that way9 !t was 9%nthinkable9 1ad he been #ade co##ander of a death ca#p, like his
good friend 1Nss, he wo%ld have had to co##it s%icide, since he was incapable of killing <1Nss,
incidentally, had co##itted a #%rder in his yo%th 1e had assassinated a certain +alter Dadow,
the #an who had betrayed Aeo *chlageter 0 a nationalist terrorist in the Rhineland who# the
Na-is later #ade into a national hero 0 to the 'rench ?cc%pation a%thorities, and a 4er#an co%rt
had p%t hi# in :ail for five years !n )%schwit-, of co%rse, 1Nss did not have to kill> 2%t it was very
%nlikely that "ich#ann wo%ld have been offered this kind of a :ob, since those who iss%ed the
orders 9knew f%ll well the li#its to which a person can be driven9 No, he had not been in 9danger
of i##ediate death,9 and since he clai#ed with great pride that he had always 9done his d%ty,9
obeyed all orders as his oath de#anded, he had, of co%rse, always done his best to aggravate
9the conse/%ences of the offense,9 rather than to red%ce the# The only 9e.ten%ating
circ%#stance9 he cited was that he had tried to 9avoid %nnecessary hardships as #%ch as
possible9 in carrying o%t his work, and, /%ite apart fro# the /%estion of whether this was tr%e, and
also apart fro# the fact that if it was, it wo%ld hardly have been eno%gh to constit%te e.ten%ating
circ%#stances in this partic%lar case, the clai# was not valid, beca%se 9to avoid %nnecessary
hardships9 was a#ong the standard directives he had been given
1ence, after the tape0recorder had addressed the co%rt, the death sentence was a foregone
92
concl%sion, even legally, e.cept for the possibility that the p%nish#ent #ight be #itigated for acts
done %nder s%perior orders 0 also provided for in *ection 11 of the !sraeli law, b%t this was a very
re#ote possibility in view of the enor#ity of the cri#e <!t is i#portant to re#e#ber that co%nsel
for the defense pleaded not s%perior orders b%t 9acts of state,9 and asked for ac/%ittal on that
gro%nd 0 a strategy 7r *ervati%s had already tried %ns%ccessf%lly at N%re#berg, where he
defended 'rit- *a%ckel, 3lenipotentiary for Aabor )llocation in 4Nring@s ?ffice of the 'o%r0&ear
3lan, who had been responsible for the e.ter#ination of tens of tho%sands of $ewish workers in
3oland and who was d%ly hanged in 1966 9)cts of state,9 which 4er#an :%rispr%dence even
#ore tellingly calls gerichtsfreie or :%sti-lose 1oheitsakte, rest on 9an e.ercise of sovereign
power9 E" ( * +ade in the 2ritish &ear 2ook for !nternational Aaw, 1936F and hence are
altogether o%tside the legal real#, whereas all orders and co##ands, at least in theory, are still
%nder :%dicial control !f what "ich#ann did had been acts of state, then none of his s%periors,
least of all 1itler, the head of state, co%ld be :%dged by any co%rt The 9act of state9 theory agreed
so well with 7r *ervati%s@ general philosophy that it was perhaps not s%rprising that he sho%ld
have tried it o%t again; what was s%rprising was that he did not fall back on the arg%#ent of
s%perior orders as an e.ten%ating circ%#stance after the :%dg#ent had been read and before the
sentence was prono%nced> )t this point, one was perhaps entitled to be glad that this was no
ordinary trial, where state#ents witho%t bearing on the cri#inal proceedings #%st be thrown o%t
as irrelevant and i##aterial 'or, obvio%sly, things were not so si#ple as the fra#ers of the laws
had i#agined the# to be, and if it was of s#all legal relevance, it was of great political interest to
know how long it takes an average person to overco#e his innate rep%gnance toward cri#e, and
what e.actly happens to hi# once he has reached that point To this /%estion, the case of )dolf
"ich#ann s%pplied an answer that co%ld not have been clearer and #ore precise
!n *epte#ber, 1961, shortly after his first official visits to the killing centers in the "ast, "ich#ann
organi-ed his first #ass deportations fro# 4er#any and the 3rotectorate, in accordance with a
93
9wish9 of 1itler, who had told 1i##ler to #ake the Reich :%denrein as /%ickly as possible The
first ship#ent contained twenty tho%sand $ews fro# the Rhineland and five tho%sand 4ypsies,
and in connection with this first transport a strange thing happened "ich#ann, who never #ade
a decision on his own, who was e.tre#ely caref%l always to be 9covered9 by orders, who 0 as
freely given testi#ony fro# practically all the people who had worked with hi# confir#ed 0 did not
even like to vol%nteer s%ggestions and always re/%ired 9directives,9 now, 9for the first and last
ti#e,9 took an initiative contrary to orders8 instead of sending these people to R%ssian territory,
Riga or Minsk, where they wo%ld have i##ediately been shot by the "insat-gr%ppen, he directed
the transport to the ghetto of ASd-, where he knew that no preparations for e.ter#ination had yet
been #ade 0 if only beca%se the #an in charge of the ghetto, a certain Regier%ngsprasident
,ebelhNr, had fo%nd ways and #eans of deriving considerable profit fro# 9his9 $ews <ASd-, in
fact, was the first ghetto to be established and the last to be li/%idated; those of its in#ates who
did not s%cc%#b to disease or starvation s%rvived %ntil the s%##er of 1966> This decision was to
get "ich#ann into considerable tro%ble The ghetto was overcrowded, and Mr ,ebelhNr was in
no #ood to receive newco#ers and in no position to acco##odate the# 1e was angry eno%gh
to co#plain to 1i##ler that "ich#ann had deceived hi# and his #en with 9horsetrading tricks
learned fro# the 4ypsies9 1i##ler, as well as 1eydrich, protected "ich#ann and the incident
was soon forgiven and forgotten
'orgotten, first of all, by "ich#ann hi#self, who did not once #ention it either in the police
e.a#ination or in his vario%s #e#oirs +hen he had taken the stand and was being e.a#ined by
his lawyer, who showed hi# the doc%#ents, he insisted he had a 9choice98 91ere for the first and
last ti#e ! had a choice ?ne was ASd- !f there are diffic%lties in ASd-, these people #%st
be sent onward to the "ast )nd since ! had seen the preparations, ! was deter#ined to do all !
co%ld to send these people to ASd- by any #eans at #y disposal9 (o%nsel for the defense tried
to concl%de fro# this incident that "ich#ann had saved $ews whenever he co%ld 0 which was
96
patently %ntr%e The prosec%tor, who cross0e.a#ined hi# later with respect to the sa#e incident,
wished to establish that "ich#ann hi#self had deter#ined the final destination of all ship#ents
and hence had decided whether or not a partic%lar transport was to be e.ter#inated 0 which was
also %ntr%e "ich#ann@s own e.planation, that he had not disobeyed an order b%t only taken
advantage of a 9choice,9 finally, was not tr%e either, for there had been diffic%lties in ASd-, as he
knew f%ll well, so that his order read, in so #any words8 'inal destination, Minsk or Riga
)ltho%gh "ich#ann had forgotten all abo%t it, this was clearly the only instance in which he
act%ally had tried to save $ews Three weeks later, however, there was a #eeting in 3rag%e,
called by 1eydrich, d%ring which "ich#ann stated that 9the ca#ps %sed for the detention of
ER%ssianF (o##%nists Ea category to be li/%idated on the spot by the "insat-gr%ppenF can also
incl%de $ews9 and that he had 9reached an agree#ent9 to this effect with the local co##anders;
there was also so#e disc%ssion abo%t the tro%ble at Aod-, and it was finally resolved to send fifty
tho%sand $ews fro# the Reich <that is, incl%ding )%stria, and 2ohe#ia and Moravia> to the
centers of the "insat-gr%ppen operations at Riga and Minsk Th%s, we are perhaps in a position
to answer $%dge Aanda%@s /%estion 0 the /%estion %pper#ost in the #inds of nearly everyone
who followed the trial 0 of whether the acc%sed had a conscience8 yes, he had a conscience, and
his conscience f%nctioned in the e.pected way for abo%t fo%r weeks, where%pon it began to
f%nction the other way aro%nd
"ven d%ring those weeks when his conscience f%nctioned nor#ally, it did its work within rather
odd li#its +e #%st re#e#ber that weeks and #onths before he was infor#ed of the 'Mhrer@s
order, "ich#ann knew of the #%rdero%s activities of the "insat-gr%ppen in the "ast; he knew that
right behind the front lines all R%ssian f%nctionaries <9(o##%nists9>, all 3olish #e#bers of the
professional classes, and all native $ews were being killed in #ass shootings Moreover, in $%ly
of the sa#e year, a few weeks before he was called to 1eydrich, he had received a
#e#orand%# fro# an ** #an stationed in the +arthega%, telling hi# that 9$ews in the co#ing
9B
winter co%ld no longer be fed,9 and s%b#itting for his consideration a proposal as to 9whether it
wo%ld not be the #ost h%#ane sol%tion to kill those $ews who were incapable of work thro%gh
so#e /%icker #eans This, at any rate, wo%ld be #ore agreeable than to let the# die of
starvation9 !n an acco#panying letter, addressed to 97ear (o#rade "ich#ann,9 the writer
ad#itted that 9these things so%nd so#eti#es fantastic, b%t they are /%ite feasible9 The
ad#ission shows that the #%ch #ore 9fantastic9 order of the 'Mhrer was not yet known to the
writer, b%t the letter also shows to what e.tent this order was in the air "ich#ann never
#entioned this letter and probably had not been in the least shocked by it 'or this proposal
concerned only native $ews, not $ews fro# the Reich or any of the +estern co%ntries 1is
conscience rebelled not at the idea of #%rder b%t at the idea of 4er#an $ews being #%rdered <9!
never denied that ! knew that the "insat-gr%ppen had orders to kill, b%t ! did not know that $ews
fro# the Reich evac%ated to the "ast were s%b:ect to the sa#e treat#ent That is what ! did not
know9> !t was the sa#e with the conscience of a certain +ilhel# D%be, an old 3arty #e#ber and
4eneralko##issar in ?cc%pied R%ssia, who was o%traged when 4er#an $ews with the !ron
(ross arrived in Minsk for 9special treat#ent9 *ince D%be was #ore artic%late than "ich#ann,
his words #ay give %s an idea of what went on in "ich#ann@s head d%ring the ti#e he was
plag%ed by his conscience8 9! a# certainly to%gh and ! a# ready to help solve the $ewish
/%estion,9 D%be wrote to his s%perior in 7ece#ber, 1961, 9b%t people who co#e fro# o%r own
c%lt%ral #ilie% are certainly so#ething else than the native ani#ali-ed hordes9 This sort of
conscience, which, if it rebelled at all, rebelled at #%rder of people 9fro# o%r own c%lt%ral #ilie%,9
has s%rvived the 1itler regi#e; a#ong 4er#ans today, there e.ists a st%bborn 9#isinfor#ation9
to the effect that 9only9 ?st:%den, "astern "%ropean $ews, were #assacred
Nor is this way of thinking that disting%ishes between the #%rder of 9pri#itive9 and of 9c%lt%red9
people a #onopoly of the 4er#an people 1arry M%lisch relates how, in connection with the
testi#ony given by 3rofessor *alo + 2aron abo%t the c%lt%ral and spirit%al achieve#ents of the
96
$ewish people, the following /%estions s%ddenly occ%rred to hi#8 9+o%ld the death of the $ews
have been less of an evil if they were a people witho%t a c%lt%re, s%ch as the 4ypsies who were
also e.ter#inatedC !s "ich#ann on trial as a destroyer of h%#an beings or as an annihilator of
c%lt%reC !s a #%rderer of h%#an beings #ore g%ilty when a c%lt%re is also destroyed in the
processC9 )nd when he p%t these /%estions to the )ttorney 4eneral, it t%rned o%t 91e E1a%snerF
thinks yes, ! think no9 1ow ill we can afford to dis#iss this #atter, b%ry the tro%bleso#e /%estion
along with the past, ca#e to light in the recent fil# 7r *trangelove, where the strange lover of the
bo#b0characteri-ed, it is tr%e, as a Na-i type 0 proposes to select in the co#ing disaster so#e
h%ndred tho%sand persons to s%rvive in %ndergro%nd shelters )nd who are to be the happy
s%rvivorsC Those with the highest !RO
This /%estion of conscience, so tro%bleso#e in $er%sale#, had by no #eans been ignored by the
Na-i regi#e ?n the contrary, in view of the fact that the participants in the anti01itler conspiracy
of $%ly, 1966, very rarely #entioned the wholesale #assacres in the "ast in their correspondence
or in the state#ents they prepared for %se in the event that the atte#pt on 1itler@s life was
s%ccessf%l, one is te#pted to concl%de that the Na-is greatly overesti#ated the practical
i#portance of the proble# +e #ay here disregard the early stages of the 4er#an opposition to
1itler, when it was still anti0'ascist and entirely a #ove#ent of the Aeft, which as a #atter of
principle accorded no significance to #oral iss%es and even less to the persec%tion of the $ews 0
a #ere 9diversion9 fro# the class str%ggle that in the opinion of the Aeft deter#ined the whole
political scene Moreover, this opposition had all b%t disappeared d%ring the period in /%estion 0
destroyed by the horrible terror of the *) troops in the concentration ca#ps and 4estapo
cellars, %nsettled by f%ll e#ploy#ent #ade possible thro%gh rear#a#ent, de#orali-ed by the
(o##%nist 3arty@s tactic of :oining the ranks of 1itler@s party in order to install itself there as a
9Tro:an horse9 +hat was left of this opposition at the beginning of the war 0 so#e trade0%nion
leaders, so#e intellect%als of the 9ho#eless Aeft9 who did not and co%ld not know if there was
9H
anything behind the# 0 gained its i#portance solely thro%gh the conspiracy which finally led to
the 25th of $%ly <!t is of co%rse /%ite inad#issible to #eas%re the strength of the 4er#an
resistance by the n%#ber of those who passed thro%gh the concentration ca#ps 2efore the
o%tbreak of the war, the in#ates belonged in a great n%#ber of categories, #any of which had
nothing whatsoever to do with resistance of any kind8 there were the wholly 9innocent9 ones, s%ch
as the $ews; the 9asocials,9 s%ch as confir#ed cri#inals and ho#ose.%als; Na-is who had been
fo%nd g%ilty of so#ething or other; etc 7%ring the war the ca#ps were pop%lated by resistance
fighters fro# all over occ%pied "%rope>
Most of the $%ly conspirators were act%ally for#er Na-is or had held high office in the Third
Reich +hat had sparked their opposition had been not the $ewish /%estion b%t the fact that
1itler was preparing war, and the endless conflicts and crises of conscience %nder which they
labored hinged al#ost e.cl%sively on the proble# of high treason and the violation of their loyalty
oath to 1itler Moreover, they fo%nd the#selves on the horns of a dile##a which was indeed
insol%ble8 in the days of 1itler@s s%ccesses they felt they co%ld do nothing beca%se the people
wo%ld not %nderstand, and in the years of 4er#an defeats they feared nothing #ore than another
9stab0in0the0back9 legend To the last, their greatest concern was how it wo%ld be possible to
prevent chaos and to ward off the danger of civil war )nd the sol%tion was that the )llies #%st be
9reasonable9 and grant a 9#oratori%#9 %ntil order was restored 0 and with it, of co%rse, the
4er#an )r#y@s ability to offer resistance They possessed the #ost precise knowledge of what
was going on in the "ast, b%t there is hardly any do%bt that not one of the# wo%ld have dared
even to think that the best thing that co%ld have happened to 4er#any %nder the circ%#stances
wo%ld have been open rebellion and civil war The active resistance in 4er#any ca#e chiefly
fro# the Right, b%t in view of the past record of the 4er#an *ocial 7e#ocrats, it #ay be do%bted
that the sit%ation wo%ld have been very different if the Aeft had played a larger part a#ong the
conspirators The /%estion is acade#ic in any case, for no 9organi-ed socialist resistance9
9J
e.isted in 4er#any d%ring the war years 0 as the 4er#an historian, 4erhard Ritter, has rightly
pointed o%t
!n act%al fact, the sit%ation was :%st as si#ple as it was hopeless8 the overwhel#ing #a:ority of
the 4er#an people believed in 1itler 0 even after the attack on R%ssia and the feared war on two
fronts, even after the ,nited *tates entered the war, indeed even after *talingrad, the defection of
!taly, and the landings in 'rance )gainst this solid #a:ority, there stood an indeter#inate n%#ber
of isolated individ%als who were co#pletely aware of the national and of the #oral catastrophe;
they #ight occasionally know and tr%st one another, there were friendships a#ong the# and an
e.change of opinions, b%t no plan or intention of revolt 'inally there was the gro%p of those who
later beca#e known as the conspirators, b%t they had never been able to co#e to an agree#ent
on anything, not even on the /%estion of conspiracy Their leader was (arl 'riedrich 4oerdeler,
for#er #ayor of Aeip-ig, who had served three years %nder the Na-is as price0controller b%t had
resigned rather early 0in 1936 1e advocated the establish#ent of a constit%tional #onarchy, and
+ilhel# Ae%schner, a representative of the Aeft, a for#er trade0%nion leader and *ocialist,
ass%red hi# of 9#ass s%pport9; in the Dreisa% circle, %nder the infl%ence of 1el#%th von Moltke,
there were occasional co#plaints raised that the r%le of law was 9now tra#pled %nder foot,9 b%t
the chief concern of this circle was the reconciliation of the two (hristian ch%rches and their
9sacred #ission in the sec%lar state,9 co#bined with an o%tspoken stand in favor of federalis#
<?n the political bankr%ptcy of the resistance #ove#ent as a whole since 1933 there is a
welldoc%#ented,
i#partial st%dy, the doctoral dissertation of 4eorge D Ro#oser, soon to be
p%blished>
)s the war went on and defeat beca#e #ore certain, political differences sho%ld have #attered
less and political action beco#e #ore %rgent, b%t 4erhard Ritter see#s right here too8 9+itho%t
the deter#ination of E(o%nt Dla%s vonF *ta%ffenberg, the resistance #ove#ent wo%ld have
99
bogged down in #ore or less helpless inactivity9 +hat %nited these #en was that they saw in
1itler a 9swindler,9 a 9dilettante,9 who 9sacrificed whole ar#ies against the co%nsel of his e.perts,9
a 9#ad#an9 and a 9de#on,9 9the incarnation of all evil,9 which in the 4er#an conte.t #eant
so#ething both #ore and less than when they called hi# a 9cri#inal and a fool,9 which they
occasionally did 2%t to hold s%ch opinions abo%t 1itler at this late date 9in no way precl%ded
#e#bership in the ** or the 3arty, or the holding of a govern#ent post9 E'rit- 1esseF, hence it
did not e.cl%de fro# the circle of the conspirators /%ite a n%#ber of #en who the#selves were
deeply i#plicated in the cri#es of the regi#e 0 as for instance (o%nt 1elldorf, then 3olice
(o##issioner of 2erlin, who wo%ld have beco#e (hief of the 4er#an 3olice if the co%p d@etat
had been s%ccessf%l <according to one of 4oerdeler@s lists of prospective #inisters>; or )rth%r
Nebe of the R*1), for#er co##ander of one of the #obile killing %nits in the "astO !n the
s%##er of 1963, when the 1i##ler0directed e.ter#ination progra# had reached its cli#a.,
4oerdeler was considering 1i##ler and 4oebbels as potential allies, 9since these two #en have
reali-ed that they are lost with 1itler9 <1i##ler indeed beca#e a 9potential ally9 0 tho%gh
4oebbels did not 0 and was f%lly infor#ed of their plans; he acted against the conspirators only
after their fail%re> ! a# /%oting fro# the draft of a letter by 4oerdeler to 'ield Marshal von Dl%ge;
b%t these strange alliances cannot be e.plained away by 9tactical considerations9 necessary visT0
vis the )r#y co##anders, for it was, on the contrary, Dl%ge and Ro##el who had given
9special orders that those two #onsters E1i##ler and 4oringF sho%ld be li/%idated9 ERitterF 0 /%ite
apart fro# the fact that 4oerdeler@s biographer, Ritter, insists that the above 0 /%oted letter
9represents the #ost passionate e.pression of his hatred against the 1itler regi#e9
No do%bt these #en who opposed 1itler, however belatedly, paid with their lives and s%ffered a
#ost terrible death; the co%rage of #any of the# was ad#irable, b%t it was not inspired by #oral
indignation or by what they knew other people had been #ade to s%ffer; they were #otivated
al#ost e.cl%sively by their conviction of the co#ing defeat and r%in of 4er#any This is not to
155
deny that so#e of the#, s%ch as (o%nt &ork von +artenb%rg, #ay have been ro%sed to political
opposition initially by 9the revolting agitation against the $ews in Nove#ber, 193J9 ERitterF 2%t
that was the #onth when the synagog%es went %p in fla#es and the whole pop%lation see#ed in
the grip of so#e fear8 ho%ses of 4od had been set on fire, and believers as well as the
s%perstitio%s feared the vengeance of 4od To be s%re, the higher officer corps was dist%rbed
when 1itler@s so0called 9co##issar order9 was iss%ed in May, 1961, and they learned that in the
co#ing ca#paign against R%ssia all *oviet f%nctionaries and nat%rally all $ews were si#ply to be
#assacred !n these circles, there was of co%rse so#e concern abo%t the fact that, as 4oerdeler
said, 9in the occ%pied areas and against the $ews techni/%es of li/%idating h%#an beings and of
religio%s persec%tion are practiced which will always rest as a heavy b%rden on o%r history9
2%t it see#s never to have occ%rred to the# that this signified so#ething #ore, and #ore
dreadf%l, than that 9it will #ake o%r position Enegotiating a peace treaty with the )lliesF
enor#o%sly diffic%lt,9 that it was a 9blot on 4er#any@s good na#e9 and was %nder#ining the
#orale of the )r#y 9+hat on earth have they #ade of the pro%d ar#y of the +ars of Aiberation
Eagainst Napoleon in 1J16F and of +ilhel# ! Ein the 'ranco03r%ssian +ar of 1JH5F,9 4oerdeler
cried when he heard the report of an ** #an who 9nonchalantly related that it Gwasn@t e.actly
pretty to spray with #achine0g%n fire ditches cra##ed with tho%sands of $ews and then to throw
earth on the bodies that were still twitching@ 9 Nor did it occ%r to the# that these atrocities #ight
be so#ehow connected with the )llies@ de#and for %nconditional s%rrender, which they felt free
to critici-e as both 9nationalistic9 and 9%nreasonable,9 inspired by blind hatred !n 1963, when the
event%al defeat of 4er#any was al#ost a certainty, and indeed even later, they still believed that
they had a right to negotiate with their ene#ies 9as e/%als9 for a 9:%st peace,9 altho%gh they knew
only too well what an %n:%st and totally %nprovoked war 1itler had started "ven #ore startling
are their criteria for a 9:%st peace9 4oerdeler stated the# again and again in n%#ero%s
#e#oranda8 9the re0establish#ent of the national borders of 1916 Ewhich #eant the anne.ation
151
of )lsace0AorraineF, with the addition of )%stria and the *%detenland9; f%rther#ore, a 9leading
position for 4er#any on the (ontinent9 and perhaps the regaining of *o%th TyrolO
+e also know fro# state#ents they prepared how they intended to present their case to the
people There is for instance a draft procla#ation to the )r#y by 4eneral A%dwig 2eck, who was
to beco#e chief of state, in which he talks at length abo%t the 9obstinacy,9 the 9inco#petence and
lack of #oderation9 of the 1itler regi#e, its 9arrogance and vanity9 2%t the cr%cial point, 9the
#ost %nscr%p%lo%s act9 of the regi#e, was that the Na-is wanted to hold 9the leaders of the
ar#ed forces responsible9 for the cala#ities of the co#ing defeat; to which 2eck added that
cri#es had been co##itted 9which are a blot on the honor of the 4er#an nation and a defile#ent
of the good rep%tation it had gained in the eyes of the world9 )nd what wo%ld be the ne.t step
after 1itler had been li/%idatedC The 4er#an )r#y wo%ld go on fighting 9%ntil an honorable
concl%sion of the war has been ass%red9 0 which #eant the anne.ation of )lsace0Aorraine,
)%stria, and the *%detenland There is indeed every reason to agree with the bitter :%dg#ent on
these #en by the 4er#an novelist 'riedrich 3 Reck0Mallec-ewen, who was killed in a
concentration ca#p on the eve of the collapse and did not participate in the anti01itler conspiracy
!n his al#ost totally %nknown 97iary of a Man in 7espair,9 ETageb%ch eines =er-weifelten, 196HF,
Reck0Mallec-ewen wrote, after he had heard of the fail%re of the atte#pt on 1itler@s life, which of
co%rse he regretted8 9) little late, gentle#en, yo% who #ade this archdestroyer of 4er#any and
ran after hi#, as long as everything see#ed to be going well; yo% who witho%t hesitation
swore every oath de#anded of yo% and red%ced yo%rselves to the despicable fl%nkies of this
cri#inal who is g%ilty of the #%rder of h%ndreds of tho%sands, b%rdened with the la#entations
and the c%rse of the whole world; now yo% have betrayed hi# Now, when the bankr%ptcy can
no longer be concealed, they betray the ho%se that went broke, in order to establish a political
alibi for the#selves 0 the sa#e #en who have betrayed everything that was in the way of their
clai# to power9
152
There is no evidence, and no likelihood, that "ich#ann ever ca#e into personal contact with the
#en of $%ly 25, and we know that even in )rgentina he still considered the# all to have been
traitors and sco%ndrels 1ad he ever had the opport%nity, tho%gh, to beco#e ac/%ainted with
4oerdeler@s 9original9 ideas on the $ewish /%estion, he #ight have discovered so#e points of
agree#ent To be s%re, 4oerdeler proposed 9to pay inde#nity to 4er#an $ews for their losses
and #istreat#ent9 0 this in 1962, at a ti#e when it was not only a #atter of 4er#an $ews, and
when these were not :%st being #istreated and robbed b%t gassed; b%t in addition to s%ch
technicalities, he had so#ething #ore constr%ctive in #ind, na#ely, a 9per#anent sol%tion9 that
wo%ld 9save Eall "%ropean $ewsF fro# their %nsee#ly position as a #ore or less %ndesirable
Gg%est nation@ in "%rope9 <!n "ich#ann@s :argon, this was called giving the# 9so#e fir# gro%nd
%nder their feet9> 'or this p%rpose, 4oerdeler clai#ed an 9independent state in a colonial
co%ntry9 0 (anada or *o%th )#erica 0 a sort of Madagascar, of which he certainly had heard *till,
he #ade so#e concessions; not all $ews wo%ld be e.pelled R%ite in line with the early stages of
the Na-i regi#e and the privileged categories which were then c%rrent, he was prepared 9not to
deny 4er#an citi-enship to those $ews who co%ld prod%ce evidence of special #ilitary sacrifice
for 4er#any or who belonged to fa#ilies with long0established traditions9 +ell, whatever
4oerdeler@s 9per#anent sol%tion of the $ewish /%estion9 #ight have #eant, it was not e.actly
9original9 0 as 3rofessor Ritter, even in 19B6 f%ll of ad#iration for his hero, called it 0 and
4oerdeler wo%ld have been able to find plenty of 9potential allies9 for this part of his progra# too
within the ranks of the 3arty and even the **
!n the letter to 'ield Marshal von Dl%ge, /%oted above, 4oerdeler once appealed to Dl%ge@s 9voice
of conscience9 2%t all he #eant was that even a general #%st %nderstand that 9to contin%e the
war with no chance for victory was an obvio%s cri#e,9 'ro# the acc%#%lated evidence one can
only concl%de that conscience as s%ch had apparently got lost in 4er#any, and this to a point
where people hardly re#e#bered it and had ceased to reali-e that the s%rprising 9new set of
153
4er#an val%es9 was not shared by the o%tside world This, to be s%re, is not the entire tr%th 'or
there were individ%als in 4er#any who fro# the very beginning of the regi#e and witho%t ever
wavering were opposed to 1itler; no one knows how #any there were of the# 0 perhaps a
h%ndred tho%sand, perhaps #any #ore, perhaps #any fewer 0 for their voices were never heard
They co%ld be fo%nd everywhere, in all strata of society, a#ong the si#ple people as well as
a#ong the ed%cated, in all parties, perhaps even in the ranks of the N*7)3 =ery few of the#
were known p%blicly, as were the afore#entioned Reck0Mallec-ewen or the philosopher Darl
$aspers *o#e of the# were tr%ly and deeply pio%s, like an artisan of who# ! know, who
preferred having his independent e.istence destroyed and beco#ing a si#ple worker in a factory
to taking %pon hi#self the 9little for#ality9 of entering the Na-i 3arty ) few still took an oath
serio%sly and preferred, for e.a#ple, to reno%nce an acade#ic career rather than swear by
1itler@s na#e ) #ore n%#ero%s gro%p were the workers, especially in 2erlin, and *ocialist
intellect%als who tried to aid the $ews they knew There were finally, the two peasant boys whose
story is related in 4Mnther +eisenborn@s 7er la%tlose )%fstand <19B3>, who were drafted into the
** at the end of the war and ref%sed to sign; they were sentenced to death, and on the day of
their e.ec%tion they wrote in their last letter to their fa#ilies8 9+e two wo%ld rather die than
b%rden o%r conscience with s%ch terrible things +e know what the ** #%st carry o%t9 The
position of these people, who, practically speaking, did nothing, was altogether different fro# that
of the conspirators Their ability to tell right fro# wrong had re#ained intact, and they never
s%ffered a 9crisis of conscience9 There #ay also have been s%ch persons a#ong the #e#bers
of the resistance, b%t they were hardly #ore n%#ero%s in the ranks of the conspirators than
a#ong the people at large They were neither heroes nor saints, and they re#ained co#pletely
silent ?nly on one occasion, in a single desperate gest%re, did this wholly isolated and #%te
ele#ent #anifest itself p%blicly8 this was when the *cholls, two st%dents at M%nich ,niversity,
brother and sister, %nder the infl%ence of their teacher D%rt 1%ber distrib%ted the fa#o%s leaflets
156
in which 1itler was finally called what he was 0 a 9#ass #%rderer9
!f, however, one e.a#ines the doc%#ents and prepared state#ents of the so0called 9other
4er#any9 that wo%ld have s%cceeded 1itler had the $%ly 25 conspiracy s%cceeded, one can only
#arvel at how great a g%lf separated even the# fro# the rest of the world 1ow else can one
e.plain the ill%sions of 4oerdeler in partic%lar or the fact that 1i##ler, of all people, b%t also
Ribbentrop, sho%ld have started drea#ing, d%ring the last #onths of the war, of a #agnificent
new role as negotiators with the )llies for a defeated 4er#any )nd if Ribbentrop certainly was
si#ply st%pid, 1i##ler, whatever else he #ight have been, was no fool
The #e#ber of the Na-i hierarchy #ost gifted at solving proble#s of conscience was 1i##ler
1e coined slogans, like the fa#o%s watchword of the **, taken fro# a 1itler speech before the
** in 1931, 9My 1onor is #y Aoyalty9 0 catch phrases which "ich#ann called 9winged words9
and the :%dges 9e#pty talk9 0 and iss%ed the#, as "ich#ann recalled, 9aro%nd the t%rn of the
year,9 pres%#ably along with a (hrist#as bon%s "ich#ann re#e#bered only one of the# and
kept repeating it8 9These are battles which f%t%re generations will not have to fight again,9 all%ding
to the 9battles9 against wo#en, children, old people, and other 9%seless #o%ths9 ?ther s%ch
phrases, taken fro# speeches 1i##ler #ade to the co##anders of the "insat-gr%ppen and the
1igher ** and 3olice Aeaders, were8 9To have st%ck it o%t and, apart fro# e.ceptions ca%sed
by h%#an weakness, to have re#ained decent, that is what has #ade %s hard This is a page of
glory in o%r history which has never been written and is never to be written9 ?r8 9The order to
solve the $ewish /%estion, this was the #ost frightening order an organi-ation co%ld ever
receive9 ?r8 +e reali-e that what we are e.pecting fro# yo% is 9s%perh%#an,9 to be
9s%perh%#anly inh%#an9 )ll one can say is that their e.pectations were not disappointed !t is
noteworthy, however, that 1i##ler hardly ever atte#pted to :%stify in ideological ter#s, and if he
did, it was apparently /%ickly forgotten +hat st%ck in the #inds of these #en who had beco#e
#%rderers was si#ply the notion of being involved in so#ething historic, grandiose, %ni/%e <9a
15B
great task that occ%rs once in two tho%sand years9>, which #%st therefore be diffic%lt to bear This
was i#portant, beca%se the #%rderers were not sadists or killers by nat%re; on the contrary, a
syste#atic effort was #ade to weed o%t all those who derived physical pleas%re fro# what they
did The troops of the "insat-gr%ppen had been drafted fro# the )r#ed **, a #ilitary %nit with
hardly #ore cri#es in its record than any ordinary %nit of the 4er#an )r#y, and their
co##anders had been chosen by 1eydrich fro# the ** elite with acade#ic degrees 1ence the
proble# was how to overco#e not so #%ch their conscience as the ani#al pity by which all
nor#al #en are affected in the presence of physical s%ffering The trick %sed by 1i##ler 0 who
apparently was rather strongly afflicted with these instinctive reactions hi#self 0 was very si#ple
and probably very effective; it consisted in t%rning these instincts aro%nd, as it were, in directing
the# toward the self *o that instead of saying8 +hat horrible things ! did to peopleO, the
#%rderers wo%ld be able to say8 +hat horrible things ! had to watch in the p%rs%ance of #y
d%ties, how heavily the task weighed %pon #y sho%ldersO
"ich#ann@s defective #e#ory where 1i##ler@s ingenio%s watchwords were concerned #ay be
an indication that there e.isted other and #ore effective devices for solving the proble# of
conscience 'ore#ost a#ong the# was, as 1itler had rightly foreseen, the si#ple fact of war
"ich#ann insisted ti#e and again on the 9different personal attit%de9 toward death when 9dead
people were seen everywhere,9 and when everyone looked forward to his own death with
indifference8 9+e did not care if we died today or only to#orrow, and there were ti#es when we
c%rsed the #orning that fo%nd %s still alive9 "specially effective in this at#osphere of violent
death was the fact that the 'inal *ol%tion, in its later stages, was not carried o%t by shooting,
hence thro%gh violence, b%t in the gas factories, which, fro# beginning to end, were closely
connected with the 9e%thanasia progra#9 ordered by 1itler in the first weeks of the war and
applied to the #entally sick in 4er#any %p to the invasion of R%ssia The e.ter#ination progra#
that was started in the a%t%#n of 1961 ran, as it were, on two altogether different tracks ?ne
156
track led to the gas factories, and the other to the "insat-gr%ppen, whose operations in the rear
of the )r#y, especially in R%ssia, were :%stified by the prete.t of partisan warfare, and whose
victi#s were by no #eans only $ews !n addition to real partisans, they dealt with R%ssian
f%nctionaries, 4ypsies, the asocial, the insane, and $ews $ews were incl%ded as 9potential
ene#ies,9 and, %nfort%nately, it was #onths before the R%ssian $ews ca#e to %nderstand this,
and then it was too late to scatter <The older generation re#e#bered the 'irst +orld +ar, when
the 4er#an )r#y had been greeted as liberators; neither the yo%ng nor the old had heard
anything abo%t 9how $ews were treated in 4er#any, or, for that #atter, in +arsaw9; they were
9re#arkably ill0infor#ed,9 as the 4er#an !ntelligence service reported fro# +hite R%ssia
E1ilbergF More re#arkable, occasionally even 4er#an $ews arrived in these regions who were
%nder the ill%sion they had been sent here as 9pioneers9 for the Third Reich> These #obile killing
%nits, of which there e.isted :%st fo%r, each of battalion si-e, with a total of no #ore than three
tho%sand #en, needed and got the close cooperation of the )r#ed 'orces; indeed, relations
between the# were %s%ally 9e.cellent9 and in so#e instances 9affectionate9 <her-lich> The
generals showed a 9s%rprisingly good attit%de toward the $ews9; not only did they hand their $ews
over to the "insat-gr%ppen, they often lent their own #en, ordinary soldiers, to assist in the
#assacres The total n%#ber of their $ewish victi#s is esti#ated by 1ilberg to have reached
al#ost a #illion and a half, b%t this was not the res%lt of the 'Mhrer@s order for the physical
e.ter#ination of the whole $ewish people !t was the res%lt of an earlier order, which 1itler gave
to 1i##ler in March, 1961, to prepare the ** and the police 9to carry o%t special d%ties in
R%ssia9
The 'Mhrer@s order for the e.ter#ination of all, not only R%ssian and 3olish, $ews, tho%gh iss%ed
later, can be traced #%ch farther back !t originated not in the R*1) or in any of 1eydrich@s or
1i##ler@s other offices, b%t in the 'Mhrer@s (hancellery, 1itler@s personal office !t had nothing to
do with the war and never %sed #ilitary necessities as a prete.t !t is one of the great #erits of
15H
4erald Reitlinger@s The 'inal *ol%tion to have proved, with doc%#entary evidence that leaves no
do%bt, that the e.ter#ination progra# in the "astern gas factories grew o%t of 1itler@s e%thanasia
progra#, and it is deplorable that the "ich#ann trial, so concerned with 9historical tr%th,9 paid no
attention to this fact%al connection This wo%ld have thrown so#e light on the #%ch debated
/%estion of whether "ich#ann, of the R*1), was involved in 4asgeschichten !t is %nlikely that
he was, tho%gh one of his #en, Rolf 4Mnther, #ight have beco#e interested of his own accord
4lobocnik, for instance, who set %p the gassing installations in the A%blin area, and who#
"ich#ann visited, did not address hi#self to 1i##ler or any other police or ** a%thority when
he needed #ore personnel; he wrote to =iktor 2rack, of the 'Mhrer@s (hancellery, who then
passed the re/%est on to 1i##ler
The first gas cha#bers were constr%cted in 1939, to i#ple#ent a 1itler decree dated *epte#ber
1 of that year, which said that 9inc%rably sick persons sho%ld be granted a #ercy death9 <!t was
probably this 9#edical9 origin of gassing that inspired 7r *ervati%s@s a#a-ing conviction that
killing by gas #%st be regarded as 9a #edical #atter9> The idea itself was considerably older )s
early as 193B, 1itler had told his Reich Medical Aeader 4erhard +agner that 9if war ca#e, he
wo%ld take %p and carry o%t this /%estion of e%thanasia, beca%se it was easier to do so in
warti#e9 The decree was i##ediately carried o%t in respect to the #entally sick, and between
7ece#ber, 1939, and )%g%st, 1961, abo%t fifty tho%sand 4er#ans were killed with carbon#ono.ide
gas in instit%tions where the death roo#s were disg%ised e.actly as they later were in
)%schwit- 0 as shower roo#s and bathroo#s The progra# was a flop !t was i#possible to keep
the gassing a secret fro# the s%rro%nding 4er#an pop%lation; there were protests on all sides
fro# people who pres%#ably had not yet attained the 9ob:ective9 insight into the nat%re of
#edicine and the task of a physician The gassing in the "ast 0 or, to %se the lang%age of the
Na-is, 9the h%#ane way9 of killing 9by granting people a #ercy death9 0 began on al#ost the very
day when the gassing in 4er#any was stopped The #en who had been e#ployed in the
15J
e%thanasia progra# in 4er#any were now sent east to b%ild the new installations for the
e.ter#ination of whole peoples 0 and these #en ca#e either fro# 1itler@s (hancellery or fro# the
Reich 1ealth 7epart#ent and were only now p%t %nder the ad#inistrative a%thority of 1i##ler
None of the vario%s 9lang%age r%les,9 caref%lly contrived to deceive and to ca#o%flage, had a
#ore decisive effect on the #entality of the killers than this first war decree of 1itler, in which the
word for 9#%rder9 was replaced by the phrase 9to grant a #ercy death9 "ich#ann, asked by the
police e.a#iner if the directive to avoid 9%nnecessary hardships9 was not a bit ironic, in view of
the fact that the destination of these people was certain death anyhow, did not even %nderstand
the /%estion, so fir#ly was it still anchored in his #ind that the %nforgivable sin was not to kill
people b%t to ca%se %nnecessary pain 7%ring the trial, he showed %n#istakable signs of sincere
o%trage when witnesses told of cr%elties and atrocities co##itted by ** #en 0 tho%gh the co%rt
and #%ch of the a%dience failed to see these signs, beca%se his single0#inded effort to keep his
self0control had #isled the# into believing that he was 9%n#ovable9 and indifferent 0 and it was
not the acc%sation of having sent #illions of people to their death that ever ca%sed hi# real
agitation b%t only the acc%sation <dis#issed by the co%rt> of one witness that he had once beaten
a $ewish boy to death To be s%re, he had also sent people into the area of the "insat-gr%ppen,
who did not 9grant a #ercy death9 b%t killed by shooting, b%t he was probably relieved when, in
the later stages of the operation, this beca#e %nnecessary beca%se of the ever0growing capacity
of the gas cha#bers 1e #%st also have tho%ght that the new #ethod indicated a decisive
i#prove#ent in the Na-i govern#ent@s attit%de toward the $ews, since at the beginning of the
gassing progra# it had been e.pressly stated that the benefits of e%thanasia were to be reserved
for tr%e 4er#ans )s the war progressed, with violent and horrible death raging all aro%nd 0 on
the front in R%ssia, in the deserts of )frica, in !taly, on the beaches of 'rance, in the r%ins of the
4er#an cities 0 the gassing centers in )%schwit- and (hel#no, in Ma:danek and 2el-ek, in
Treblinka and *obibor, #%st act%ally have appeared the 9(haritable 'o%ndations for !nstit%tional
159
(are9 that the e.perts in #ercy death called the# Moreover, fro# $an%ary, 1962, on, there were
e%thanasia tea#s operating in the "ast to 9help the wo%nded in ice and snow,9 and tho%gh this
killing of wo%nded soldiers was also 9top secret,9 it was known to #any, certainly to the e.ec%tors
of the 'inal *ol%tion
!t has fre/%ently been pointed o%t that the gassing of the #entally sick had to be stopped in
4er#any beca%se of protests fro# the pop%lation and fro# a few co%rageo%s dignitaries of the
ch%rches, whereas no s%ch protests were voiced when the progra# switched to the gassing of
$ews, tho%gh so#e of the killing centers were located on what was then 4er#an territory and
were s%rro%nded by 4er#an pop%lations The protests, however, occ%rred at the beginning of the
war; /%ite apart fro# the effects of 9ed%cation in e%thanasia,9 the attit%de toward a 9painless
death thro%gh gassing9 very likely changed in the co%rse of the war This sort of thing is diffic%lt to
prove; there are no doc%#ents to s%pport it, beca%se of the secrecy of the whole enterprise, and
none of the war cri#inals ever #entioned it, not even the defendants in the 7octors@ Trial at
N%re#berg, who were f%ll of /%otations fro# the international literat%re on the s%b:ect 3erhaps
they had forgotten the cli#ate of p%blic opinion in which they killed, perhaps they never cared to
know it, since they felt, wrongly, that their 9ob:ective and scientific9 attit%de was far #ore
advanced than the opinions held by ordinary people 1owever, a few tr%ly priceless stories, to be
fo%nd in the war diaries of tr%stworthy #en who were f%lly aware of the fact that their own
shocked reaction was no longer shared by their neighbors, have s%rvived the #oral debacle of a
whole nation
Reck0Mallec-ewen, who# ! #entioned before, tells of a fe#ale 9leader9 who ca#e to 2avaria to
give the peasants a pep talk in the s%##er of 1966 *he see#s not to have wasted #%ch ti#e on
9#iracle weapons9 and victory, she faced frankly the prospect of defeat, abo%t which no good
4er#an needed to worry beca%se the 'Mhrer 9in his great goodness had prepared for the whole
4er#an people a #ild death thro%gh gassing in case the war sho%ld have an %nhappy end9 )nd
115
the writer adds8 9?h, no, !@# not i#agining things, this lovely lady is not a #irage, ! saw her with
#y own eyes8 a yellow0skinned fe#ale p%shing forty, with insane eyes )nd what happenedC
7id these 2avarian peasants at least p%t her into the local lake to cool off her enth%siastic
readiness for deathC They did nothing of the sort They went ho#e, shaking their heads9
My ne.t story is even #ore to the point, since it concerns so#eone who was not a 9leader,9 #ay
not even have been a 3arty #e#ber !t happened in DNnigsberg, in "ast 3r%ssia, an altogether
different corner of 4er#any, in $an%ary, 196B, a few days before the R%ssians destroyed the city,
occ%pied its r%ins, and anne.ed the whole province The story is told by (o%nt 1ans von
Aehnsdorff, in his ?stpre%ssisches Tageb%ch <1961> 1e had re#ained in the city as a physician
to take care of wo%nded soldiers who co%ld not be evac%ated; he was called to one of the h%ge
centers for ref%gees fro# the co%ntryside, which was already occ%pied by the Red )r#y There
he was accosted by a wo#an who showed hi# a varicose vein she had had for years b%t wanted
to have treated now, beca%se she had ti#e 9! try to e.plain that it is #ore i#portant for her to get
away fro# DNnigsberg and to leave the treat#ent for so#e later ti#e +here do yo% want to goC !
ask her *he does not know, b%t she knows that they will all be bro%ght into the Reich )nd then
she adds, s%rprisingly8 GThe R%ssians will never get %s The 'Mhrer will never per#it it M%ch
sooner he will gas %s@ ! look aro%nd f%rtively, b%t no one see#s to find this state#ent o%t of the
ordinary9 The story, one feels, like #ost tr%e stories, is inco#plete There sho%ld have been one
#ore voice, preferably a fe#ale one, which, sighing heavily, replied8 )nd now all that good,
e.pensive gas has been wasted on the $ewsO
=!! 8 The +annsee (onference, or
3onti%s 3ilate
My report on "ich#ann@s conscience has th%s far followed evidence which he hi#self had
forgotten !n his own presentation of the #atter, the t%rning point ca#e not fo%r weeks b%t fo%r
#onths later, in $an%ary, 1962, d%ring the (onference of the *taatssekretLre <,ndersecretaries
111
of *tate>, as the Na-is %sed to call it, or the +annsee (onference, as it now is %s%ally called,
beca%se 1eydrich had invited the gentle#en to a ho%se in that s%b%rb of 2erlin )s the for#al
na#e of the conference indicates, the #eeting had beco#e necessary beca%se the 'inal
*ol%tion, if it was to be applied to the whole of "%rope, clearly re/%ired #ore than tacit
acceptance fro# the Reich@s *tate apparat%s; it needed the active cooperation of all Ministries
and of the whole (ivil *ervice The Ministers the#selves, nine years after 1itler@s rise to power,
were all 3arty #e#bers of long standing 0 those who in the initial stages of the regi#e had #erely
9coordinated9 the#selves, s#oothly eno%gh, had been replaced &et #ost of the# were not
co#pletely tr%sted, since few a#ong the# owed their careers entirely to the Na-is, as did
1eydrich or 1i##ler; and those who did, like $oachi# von Ribbentrop, head of the 'oreign
?ffice, a for#er cha#pagne sales#an, were likely to be nonentities The proble# was #%ch
#ore ac%te, however, with respect to the higher career #en in the (ivil *ervice, directly %nder the
Ministers, for these #en, the backbone of every govern#ent ad#inistration, were not easily
replaceable, and 1itler had tolerated the#, :%st as )dena%er was to tolerate the#, %nless they
were co#pro#ised beyond salvation 1ence the %ndersecretaries and the legal and other e.perts
in the vario%s Ministries were fre/%ently not even 3arty #e#bers, and 1eydrich@s apprehensions
abo%t whether he wo%ld be able to enlist the active help of these people in #ass #%rder were
/%ite co#prehensible )s "ich#ann p%t it, 1eydrich 9e.pected the greatest diffic%lties9 +ell, he
co%ld not have been #ore wrong
The ai# of the conference was to coordinate all efforts toward the i#ple#entation of the 'inal
*ol%tion The disc%ssion t%rned first on 9co#plicated legal /%estions,9 s%ch as the treat#ent of
half0 and /%arter0$ews 0 sho%ld they be killed or only sterili-edC This was followed by a frank
disc%ssion of the 9vario%s types of possible sol%tions to the proble#,9 which #eant the vario%s
#ethods of killing, and here, too, there was #ore than 9happy agree#ent on the part of the
participants9; the 'inal *ol%tion was greeted with 9e.traordinary enth%sias#9 by all present, and
112
partic%larly by 7r +ilhel# *t%ckart, ,ndersecretary in the Ministry of the !nterior, who was known
to be rather reticent and hesitant in the face of 9radical9 3arty #eas%res, and was, according to
7r 1ans 4lobke@s testi#ony at N%re#berg, a sta%nch s%pporter of the Aaw There were certain
diffic%lties, however ,ndersecretary $osef 2Mhler, second in co##and in the 4eneral
4overn#ent in 3oland, was dis#ayed at the prospect that $ews wo%ld be evac%ated fro# the
+est to the "ast, beca%se this #eant #ore $ews in 3oland, and he proposed that these
evac%ations be postponed and that 9the 'inal *ol%tion be started in the 4eneral 4overn#ent,
where no proble#s of transport e.isted9 The gentle#en fro# the 'oreign ?ffice appeared with
their own caref%lly elaborated #e#orand%#, e.pressing 9the desires and ideas of the 'oreign
?ffice with respect to the total sol%tion of the $ewish /%estion in "%rope,9 to which nobody paid
#%ch attention The #ain point, as "ich#ann rightly noted, was that the #e#bers of the vario%s
branches of the (ivil *ervice did not #erely e.press opinions b%t #ade concrete propositions
The #eeting lasted no #ore than an ho%r or an ho%r and a half, after which drinks were served
and everybody had l%nch 0 9a co-y little social gathering,9 designed to strengthen the necessary
personal contacts !t was a very i#portant occasion for "ich#ann, who had never before #ingled
socially with so #any 9high personages9; he was by far the lowest in rank and social position of
those present 1e had sent o%t the invitations and had prepared so#e statistical #aterial <f%ll of
incredible errors> for 1eydrich@s introd%ctory speech 0 eleven #illion $ews had to be killed, an
%ndertaking of so#e #agnit%de 0 and later he was to prepare the #in%tes !n short, he acted as
secretary of the #eeting This was why he was per#itted, after the dignitaries had left, to sit down
near the fireplace with his chief MMller and 1eydrich, 9and that was the first ti#e ! saw 1eydrich
s#oke and drink9 They did not 9talk shop, b%t en:oyed so#e rest after long ho%rs of work,9 being
greatly satisfied and, especially 1eydrich, in very high spirits
There was another reason that #ade the day of this conference %nforgettable for "ich#ann
)ltho%gh he had been doing his best right along to help with the 'inal *ol%tion, he had still
113
harbored so#e do%bts abo%t 9s%ch a bloody sol%tion thro%gh violence,9 and these do%bts had
now been dispelled 91ere now, d%ring this conference, the #ost pro#inent people had spoken,
the 3opes of the Third Reich9 Now he co%ld see with his own eyes and hear with his own ears
that not only 1itler, not only 1eydrich or the 9sphin.9 MMller, not :%st the ** or the 3arty, b%t the
elite of the good old (ivil *ervice were vying and fighting with each other for the honor of taking
the lead in these 9bloody9 #atters 9)t that #o#ent, ! sensed a kind of 3onti%s 3ilate feeling, for !
felt free of all g%ilt9 +ho was he to :%dgeC +ho was he 9to have EhisF own tho%ghts in this
#atter9C +ell, he was neither the first nor the last to be r%ined by #odesty
+hat followed, as "ich#ann recalled it, went #ore or less s#oothly and soon beca#e ro%tine
1e /%ickly beca#e an e.pert in 9forced evac%ation,9 as he had been an e.pert in 9forced
e#igration9 !n co%ntry after co%ntry, the $ews had to register, were forced to wear the yellow
badge for easy identification, were asse#bled and deported, the vario%s ship#ents being
directed to one or another of the e.ter#ination centers in the "ast, depending on their relative
capacity at the #o#ent; when a trainload of $ews arrived at a center, the strong a#ong the#
were selected for work, often operating the e.ter#ination #achinery, all others were i##ediately
killed There were hitches, b%t they were #inor The 'oreign ?ffice was in contact with the
a%thorities in those foreign co%ntries that were either occ%pied or allied with the Na-is, to p%t
press%re on the# to deport their $ews, or, as the case #ight be, to prevent the# fro# evac%ating
the# to the "ast helter0skelter, o%t of se/%ence, witho%t proper regard for the absorptive capacity
of the death centers <This was how "ich#ann re#e#bered it; it was in fact not /%ite so si#ple>
The legal e.perts drew %p the necessary legislation for #aking the victi#s stateless, which was
i#portant on two co%nts8 it #ade it i#possible for any co%ntry to in/%ire into their fate, and it
enabled the state in which they were resident to confiscate their property The Ministry of 'inance
and the Reichsbank prepared facilities to receive the h%ge loot fro# all over "%rope, down to
watches and gold teeth, all of which was sorted o%t in the Reichsbank and then sent to the
116
3r%ssian *tate Mint The Ministry of Transport provided the necessary railroad cars, %s%ally
freight cars, even in ti#es of great scarcity of rolling stock, and they saw to it that the sched%le of
the deportation trains did not conflict with other ti#etables The $ewish (o%ncils of "lders were
infor#ed by "ich#ann or his #en of how #any $ews were needed to fill each train, and they
#ade o%t the list of deportees The $ews registered, filled o%t inn%#erable for#s, answered
pages and pages of /%estionnaires regarding their property so that it co%ld be sei-ed the #ore
easily; they then asse#bled at the collection points and boarded the trains The few who tried to
hide or to escape were ro%nded %p by a special $ewish police force )s far as "ich#ann co%ld
see, no one protested, no one ref%sed to cooperate 9!##er-% fahren hier die Ae%te -% ihre#
eigenen 2egrLbnis9 <7ay in day o%t the people here leave for their own f%neral>, as a $ewish
observer p%t it in 2erlin in 1963
Mere co#pliance wo%ld never have been eno%gh either to s#ooth o%t all the enor#o%s
diffic%lties of an operation that was soon to cover the whole of Na-i0occ%pied and Na-i0allied
"%rope or to soothe the consciences of the operators, who, after all, had been bro%ght %p on the
co##and#ent 9Tho% shalt not kill,9 and who knew the verse fro# the 2ible, 9Tho% hast #%rdered
and tho% hast inherited,9 that the :%dg#ent of the 7istrict (o%rt of $er%sale# /%oted so
appropriately +hat "ich#ann called the 9death whirl9 that descended %pon 4er#any after the
i##ense losses at *talingrad 0 the sat%ration bo#bing of 4er#an cities, his stock e.c%se for
killing civilians and still the stock e.c%se offered in 4er#any for the #assacres 0 #aking an
everyday e.perience of sights different fro# the atrocities reported at $er%sale# b%t no less
horrible, #ight have contrib%ted to the easing, or, rather, to the e.ting%ishing, of conscience, had
any conscience been left when it occ%rred, b%t according to the evidence s%ch was not the case
The e.ter#ination #achinery had been planned and perfected in all its details long before the
horror of war str%ck 4er#any herself, and its intricate b%rea%cracy f%nctioned with the sa#e
%nwavering precision in the years of easy victory as in those last years of predictable defeat
11B
7efections fro# the ranks of the r%ling elite and notably fro# a#ong the 1igher ** officers
hardly occ%rred at the beginning, when people #ight still have had a conscience; they #ade
the#selves felt only when it had beco#e obvio%s that 4er#any was going to lose the war
Moreover, s%ch defections were never serio%s eno%gh to throw the #achinery o%t of gear; they
consisted of individ%al acts not of #ercy b%t of corr%ption, and they were inspired not by
conscience b%t by the desire to salt so#e #oney or so#e connections away for the dark days to
co#e 1i##ler@s order in the fall of 1966 to halt the e.ter#ination and to dis#antle the
installations at the death factories sprang fro# his abs%rd b%t sincere conviction that the )llied
powers wo%ld know how to appreciate this obliging gest%re; he told a rather incred%lo%s
"ich#ann that on the strength of it he wo%ld be able to negotiate a 1%bert%sb%rger0'rieden 0 an
all%sion to the 3eace Treaty of 1%bert%sb%rg that concl%ded the *even &ears@ +ar of 'rederick !!
of 3r%ssia in 1H63 and enabled 3r%ssia to retain *ilesia, altho%gh she had lost the war
)s "ich#ann told it, the #ost potent factor in the soothing of his own conscience was the si#ple
fact that he co%ld see no one, no one at all, who act%ally was against the 'inal *ol%tion 1e did
enco%nter one e.ception, however, which he #entioned several ti#es, and which #%st have
#ade a deep i#pression on hi# This happened in 1%ngary when he was negotiating with 7r
Dastner over 1i##ler@s offer to release one #illion $ews in e.change for ten tho%sand tr%cks
Dastner, apparently e#boldened by the new t%rn of affairs, had asked "ich#ann to stop 9the
death #ills at )%schwit-,9 and "ich#ann had answered that he wo%ld do it 9with the greatest
pleas%re9 <her-lich gern> b%t that, alas, it was o%tside his co#petence and o%tside the
co#petence of his s%periors 0 as indeed it was ?f co%rse, he@ did not e.pect the $ews to share
the general enth%sias# over their destr%ction, b%t he did e.pect #ore than co#pliance, he
e.pected 0 and received, to a tr%ly e.traordinary degree 0 their cooperation This was 9of co%rse
the very cornerstone9 of everything he did, as it had been the very cornerstone of his activities in
=ienna +itho%t $ewish help in ad#inistrative and police work 0 the final ro%nding %p of $ews in
116
2erlin was, as ! have #entioned, done entirely by $ewish police 0 there wo%ld have been either
co#plete chaos or an i#possibly severe drain on 4er#an #anpower <9There can be no do%bt
that, witho%t, the cooperation of the victi#s, it wo%ld hardly have been possible for a few
tho%sand people, #ost of who#, #oreover, worked in offices, to li/%idate #any h%ndreds of
tho%sands of other people ?ver the whole way to their deaths the 3olish $ews got to see
hardly #ore than a handf%l of 4er#ans9 Th%s R 3endorf in the p%blication #entioned above To
an even greater e.tent this applies to those $ews who were transported to 3oland to find their
deaths there> 1ence, the establishing of R%isling govern#ents in occ%pied territories was always
acco#panied by the organi-ation of a central $ewish office, and, as we shall see later, where the
Na-is did not s%cceed in setting %p a p%ppet govern#ent, they also failed to enlist the
cooperation of the $ews 2%t whereas the #e#bers of the R%isling govern#ents were %s%ally
taken fro# the opposition parties, the #e#bers of the $ewish (o%ncils were as a r%le the locally
recogni-ed $ewish leaders, to who# the Na-is gave enor#o%s powers 0 %ntil they, too, were
deported, to Theresienstadt or 2ergen02elsen, if they happened to be fro# (entral or +estern
"%rope, to )%schwit- if they were fro# an "astern "%ropean co##%nity
To a $ew this role of the $ewish leaders in the destr%ction of their own people is %ndo%btedly the
darkest chapter of the whole dark story !t had been known abo%t before, b%t it has now been
e.posed for the first ti#e in all its pathetic and sordid detail by Ra%l 1ilberg, whose standard work
The 7estr%ction of the "%ropean $ews ! #entioned before !n the #atter of cooperation, there
was no distinction between the highly assi#ilated $ewish co##%nities of (entral and +estern
"%rope and the &iddish0speaking #asses of the "ast !n )#sterda# as in +arsaw, in 2erlin as in
2%dapest, $ewish officials co%ld be tr%sted to co#pile the lists of persons and of their property, to
sec%re #oney fro# the deportees to defray the e.penses of their deportation and e.ter#ination,
to keep track of vacated apart#ents, to s%pply police forces to help sei-e $ews and get the# on
trains, %ntil, as a last gest%re, they handed over the assets of the $ewish co##%nity in good
11H
order for final confiscation They distrib%ted the &ellow *tar badges, and so#eti#es, as in
+arsaw, 9the sale of the ar#bands beca#e a reg%lar b%siness; there were ordinary ar#bands of
cloth and fancy plastic ar#bands which were washable9 !n the Na-i0inspired, b%t not Na-idictated,
#anifestoes they iss%ed, we still can sense how they en:oyed their new power 0 9The
(entral $ewish (o%ncil has been granted the right of absol%te disposal over all $ewish spirit%al
and #aterial wealth and over all $ewish #anpower,9 as the first anno%nce#ent of the 2%dapest
(o%ncil phrased it +e know how the $ewish officials felt when they beca#e instr%#ents of
#%rder 0 like captains 9whose ships were abo%t to sink and who s%cceeded in bringing the# safe
to port by casting overboard a great part of their precio%s cargo9; like saviors who 9with a h%ndred
victi#s save a tho%sand people, with a tho%sand ten tho%sand9 The tr%th was even #ore
gr%eso#e 7r Dastner, in 1%ngary, for instance, saved e.actly 1,6J6 people with appro.i#ately
6H6,555 victi#s !n order not to leave the selection to 9blind fate,9 9tr%ly holy principles9 were
needed 9as the g%iding force of the weak h%#an hand which p%ts down on paper the na#e of the
@%nknown person and with this decides his life or death9 )nd who# did these 9holy principles9
single o%t for salvationC Those 9who had worked all their lives for the -ib%r Eco##%nityF9 0 ie, the
f%nctionaries 0 and the 9#ost pro#inent $ews,9 as Dastner says in his report
No one bothered to swear the $ewish officials to secrecy; they were vol%ntary 9bearers of
secrets,9 either in order to ass%re /%iet and prevent panic, as in 7r Dastner@s case, or o%t of
9h%#ane9 considerations, s%ch as that 9living in the e.pectation of death by gassing wo%ld only
be the harder,9 as in the case of 7r Aeo 2aeck, for#er (hief Rabbi of 2erlin 7%ring the
"ich#ann trial, one witness pointed o%t the %nfort%nate conse/%ences of this kind of 9h%#anity9 0
people vol%nteered for deportation fro# Theresienstadt to )%schwit- and deno%nced those who
tried to tell the# the tr%th as being 9not sane9 +e know the physiogno#ies of the $ewish leaders
d%ring the Na-i period very well; they ranged all the way fro# (hai# R%#kowski, "ldest of the
$ews in ASd-, called (hai# !, who iss%ed c%rrency notes bearing his signat%re and postage
11J
sta#ps engraved with his portrait, and who rode aro%nd in a broken0down horse0drawn carriage;
thro%gh Aeo 2aeck, scholarly, #ild0#annered, highly ed%cated, who believed $ewish police#en
wo%ld be 9#ore gentle and helpf%l9 and wo%ld 9#ake the ordeal easier9 <whereas in fact they
were, of co%rse, #ore br%tal and less corr%ptible, since so #%ch #ore was at stake for the#>; to,
finally, a few who co##itted s%icide 0 like )da# (-erniakow, chair#an of the +arsaw $ewish
(o%ncil, who was not a rabbi b%t an %nbeliever, a 3olish0speaking $ewish engineer, b%t who #%st
still have re#e#bered the rabbinical saying8 9Aet the# kill yo%, b%t don@t cross the line9
That the prosec%tion in $er%sale#, so caref%l not to e#barrass the )dena%er ad#inistration,
sho%ld have avoided, with even greater and #ore obvio%s :%stification, bringing this chapter of the
story into the open was al#ost a #atter of co%rse <These iss%es, however, are disc%ssed /%ite
openly and with astonishing frankness in !sraeli schoolbooks 0 as #ay conveniently be gathered
fro# the article 9&o%ng !sraelis and $ews )broad 0 ) *t%dy of *elected 1istory Te.tbooks9 by
Mark M Dr%g, in (o#parative "d%cation Review, ?ctober, 1963> The chapter #%st be incl%ded
here, however, beca%se it acco%nts for certain otherwise ine.plicable lac%nae in the
doc%#entation of a generally over0doc%#ented case The :%dges #entioned one s%ch instance,
the absence of 1 4 )dler@s book Theresienstadt 19610196B <19BB>, which the prosec%tion, in
so#e e#barrass#ent, ad#itted to be 9a%thentic, based on irref%table so%rces9 The reason for
the o#ission was clear The book describes in detail how the feared 9transport lists9 were p%t
together by the $ewish (o%ncil of Theresienstadt after the ** had given so#e general
directives, stip%lating how #any sho%ld be sent away, and of what age, se., profession, and
co%ntry of origin The prosec%tion@s case wo%ld have been weakened if it had been forced to
ad#it that the na#ing of individ%als who were sent to their doo# had been, with few e.ceptions,
the :ob of the $ewish ad#inistration )nd the 7ep%ty *tate )ttorney, Mr &a@akov 2aror, who
handled the intervention fro# the bench, in a way indicated this when he said8 9! a# trying to
bring o%t those things which so#ehow refer to the acc%sed witho%t da#aging the pict%re in its
119
entirety9 The pict%re wo%ld indeed have been greatly da#aged by the incl%sion of )dler@s book,
since it wo%ld have contradicted testi#ony given by the chief witness on Theresienstadt, who
clai#ed that "ich#ann hi#self had #ade these individ%al selections "ven #ore i#portant, the
prosec%tion@s general pict%re of a clear0c%t division between persec%tors and victi#s wo%ld have
s%ffered greatly To #ake available evidence that does not s%pport the case for the prosec%tion is
%s%ally the :ob of the defense, and the /%estion why 7r *ervati%s, who perceived so#e #inor
inconsistencies in the testi#ony, did not avail hi#self of s%ch easily obtainable and widely known
doc%#entation is diffic%lt to answer 1e co%ld have pointed to the fact that "ich#ann,
i##ediately %pon being transfor#ed fro# an e.pert in e#igration into an e.pert in 9evac%ation,9
appointed his old $ewish associates in the e#igration b%siness 0 7r 3a%l "ppstein, who had
been in charge of e#igration in 2erlin, and Rabbi 2en:a#in M%r#elstein, who had held the sa#e
:ob in =ienna 0 as 9$ewish "lders9 in Theresienstadt This wo%ld have done #ore to de#onstrate
the at#osphere in which "ich#ann worked than all the %npleasant and often downright offensive
talk abo%t oaths, loyalty, and the virt%es of %n/%estioning obedience
The testi#ony of Mrs (harlotte *al-berger on Theresienstadt, fro# which ! /%oted above,
per#itted %s to cast at least a glance into this neglected co#er of what the prosec%tion kept
calling the 9general pict%re9 The presiding :%dge did not like the ter# and he did not like the
pict%re 1e told the )ttorney 4eneral several ti#es that 9we are not drawing pict%res here,9 that
there is 9an indict#ent and this indict#ent is the fra#ework for o%r trial,9 that the co%rt 9has its
own view abo%t this trial, according to the indict#ent,9 and that 9the prosec%tion #%st ad:%st to
what the co%rt lays down9 0 ad#irable ad#onitions for cri#inal proceedings, none of which was
heeded The prosec%tion did worse than not heed the#, it si#ply ref%sed to g%ide its witnesses 0
or, if the co%rt beca#e too insistent, it asked a few hapha-ard /%estions, very cas%ally 0 with the
res%lt that the witnesses behaved as tho%gh they were speakers at a #eeting chaired by the
)ttorney 4eneral, who introd%ced the# to the a%dience before they took the floor They co%ld talk
125
al#ost as long as they wished, and it was a rare occasion when they were asked a specific
/%estion
This at#osphere, not of a show trial b%t of a #ass #eeting, at which speaker after speaker does
his best to aro%se the a%dience, was especially noticeable when the prosec%tion called witness
after witness to testify to the rising in the +arsaw ghetto and to the si#ilar atte#pts in =ilna and
Dovno 0 #atters that had no connection whatever with the cri#es of the acc%sed The testi#ony
of these people wo%ld have contrib%ted so#ething to the trial if they had told of the activities of
the $ewish (o%ncils, which had played s%ch a great and disastro%s role in their own heroic
efforts ?f co%rse, there was so#e #ention of this 0 witnesses speaking of 9** #en and their
helpers9 pointed o%t that they co%nted a#ong the latter the 9ghetto police which was also an
instr%#ent in the hands of the Na-i #%rderers9 as well as 9the $%denrat9 0 b%t they were only too
glad not to 9elaborate9 on this side of their story, and they shifted the disc%ssion to the role of real
traitors, of who# there were few, and who were 9na#eless people, %nknown to the $ewish
p%blic,9 s%ch as 9all %ndergro%nds which fo%ght against the Na-is s%ffered fro#9 <The a%dience
while these witnesses testified had changed again; it consisted now of Dibb%-niks, #e#bers of
the !sraeli co##%nal settle#ents to which the speakers belonged> The p%rest and clearest
acco%nt ca#e fro# Kivia A%betkin K%cker#an, today a wo#an of perhaps forty, still very
bea%tif%l, co#pletely free of senti#entality or self0ind%lgence, her facts well organi-ed, and
always /%ite s%re of the point she wished to #ake Aegally, the testi#ony of these witnesses was
i##aterial 0 Mr 1a%sner did not #ention one of the# in his last plaidoyer 0 e.cept insofar as it
constit%ted proof of close contacts between $ewish partisans and the 3olish and R%ssian
%ndergro%nd fighters, which, apart fro# contradicting other testi#ony <9+e had the whole
pop%lation against %s9>, co%ld have been %sef%l to the defense, since it offered #%ch better
:%stification for the wholesale sla%ghter of civilians than "ich#ann@s repeated clai# that
9+ei-#ann had declared war on 4er#any in 19399 <This was sheer nonsense )ll that (hai#
121
+ei-#ann had said, at the close of the last prewar Kionist (ongress, was that the war of the
+estern de#ocracies 9is o%r war, their str%ggle is o%r str%ggle9 The tragedy, as 1a%sner rightly
pointed o%t, was precisely that the $ews were not recogni-ed by the Na-is as belligerents, for if
they had been they wo%ld have s%rvived, in prisoner0of0war or civilian intern#ent ca#ps> 1ad 7r
*ervati%s #ade this point, the prosec%tion wo%ld have been forced to ad#it how pitif%lly s#all
these resistance gro%ps had been, how incredibly weak and essentially har#less 0 and,
#oreover, how little they had represented the $ewish pop%lation, who at one point even took
ar#s against the#
+hile the legal irrelevance of all this very ti#e0cons%#ing testi#ony re#ained pitif%lly clear, the
political intention of the !sraeli govern#ent in introd%cing it was also not diffic%lt to g%ess Mr
1a%sner <or Mr 2en04%rion> probably wanted to de#onstrate that whatever resistance there had
been had co#e fro# Kionists, as tho%gh, of all $ews, only the Kionists knew that if yo% co%ld not
save yo%r life it #ight still be worth while to save yo%r honor, as Mr K%cker#an p%t it; that the
worst that co%ld happen to the h%#an person %nder s%ch circ%#stances was to be and to re#ain
9innocent,9 as beca#e clear fro# the tenor and drift of Mrs K%cker#an@s testi#ony 1owever,
these 9political9 intentions #isfired, for the witnesses were tr%thf%l and told the co%rt that all
$ewish organi-ations and parties had played their role in the resistance, so the tr%e distinction
was not between Kionists and non0Kionists b%t between organi-ed and %norgani-ed people, and,
even #ore i#portant, between the yo%ng and the #iddle0aged To be s%re, those who resisted
were a #inority, a tiny #inority, b%t %nder the circ%#stances 9the #iracle was,9 as one of the#
pointed o%t, 9that this #inority e.isted9
Aegal considerations aside, the appearance in the witness bo. of the for#er $ewish resistance
fighters was welco#e eno%gh !t dissipated the ha%nting specter of %niversal cooperation, the
stifling, poisoned at#osphere which had s%rro%nded the 'inal *ol%tion The well0known fact that
the act%al work of killing in the e.ter#ination centers was %s%ally in the hands of $ewish
122
co##andos had been fairly and s/%arely established by witnesses for the prosec%tion 0 how they
had worked in the gas cha#bers and the cre#atories, how they had p%lled the gold teeth and c%t
the hair of the corpses, how they had d%g the graves and, later, d%g the# %p again to e.ting%ish
the traces of #ass #%rder; how $ewish technicians had b%ilt gas cha#bers in Theresienstadt,
where the $ewish 9a%tono#y9 had been carried so far that even the hang#an was a $ew 2%t this
was only horrible, it was no #oral proble# The selection and classification of workers in the
ca#ps was #ade by the **, who had a #arked predilection for the cri#inal ele#ents; and,
anyhow, it co%ld only have been the selection of the worst <This was especially tr%e in 3oland,
where the Na-is had e.ter#inated a large proportion of the $ewish intelligentsia at the sa#e ti#e
that they killed 3olish intellect%als and #e#bers of the professions 0 in #arked contrast,
incidentally, to their policy in +estern "%rope, where they tended to save pro#inent $ews in order
to e.change the# for 4er#an civilian internees or prisoners of war; 2ergen02elsen was originally
a ca#p for 9e.change $ews9> The #oral proble# lay in the a#o%nt of tr%th there was in
"ich#ann@s description of $ewish cooperation, even %nder the conditions of the 'inal *ol%tion8
9The for#ation of the $ewish (o%ncil Eat TheresienstadtF and the distrib%tion of b%siness was left
to the discretion of the (o%ncil, e.cept for the appoint#ent of the president, who the president
was to be, which depended %pon %s, of co%rse 1owever, this appoint#ent was not in the for# of
a dictatorial decision The f%nctionaries with who# we were in constant contact 0 well, they had to
be treated with kid gloves They were not ordered aro%nd, for the si#ple reason that if the chief
officials had been told what to do in the for# of8 yo% #%st, yo% have to, that wo%ld not have
helped #atters any !f the person in /%estion does not like what he is doing, the whole works will
s%ffer +e did o%r best to #ake everything so#ehow palatable9 No do%bt they did; the
proble# is how it was possible for the# to s%cceed
Th%s, the gravest o#ission fro# the 9general pict%re9 was that of a witness to testify to the
cooperation between the Na-i r%lers and the $ewish a%thorities, and hence of an opport%nity to
123
raise the /%estion8 9+hy did yo% cooperate in the destr%ction of yo%r own people and, event%ally,
in yo%r own r%inC9 The only witness who had been a pro#inent #e#ber of a $%denrat was
3inchas 're%diger, the for#er 2aron 3hilip von 're%diger, of 2%dapest, and d%ring his testi#ony
the only serio%s incidents in the a%dience took place; people screa#ed at the witness in
1%ngarian and in &iddish, and the co%rt had to interr%pt the session 're%diger, an ?rthodo. $ew
of considerable dignity, was shaken8 9There are people here who say they were not told to
escape 2%t fifty per cent of the people who escaped were capt%red and killed9 0 as co#pared
with ninety0nine per cent, for those who did not escape 9+here co%ld they have gone toC +here
co%ld they have fledC9 0 b%t he hi#self fled, to R%#ania, beca%se he was rich and +isliceny
helped hi# 9+hat co%ld we have doneC +hat co%ld we have doneC9 )nd the only response to
this ca#e fro# the presiding :%dge8 9! do not think this is an answer to the /%estion9 0 a /%estion
raised by the gallery b%t not by the co%rt
The #atter of cooperation was twice #entioned by the :%dges; $%dge &it-ak Raveh elicited fro#
one of the resistance witnesses an ad#ission that the 9ghetto police9 were an 9instr%#ent in the
hands of #%rderers9 and an acknowledg#ent of 9the $%denrat@s policy of cooperating with the
Na-is9; and $%dge 1alevi fo%nd o%t fro# "ich#ann in cross0e.a#ination that the Na-is had
regarded this cooperation as the very cornerstone of their $ewish policy 2%t the /%estion the
prosec%tor reg%larly addressed to each witness e.cept the resistance fighters which so%nded so
very nat%ral to those who knew nothing of the fact%al backgro%nd of the trial, the /%estion 9+hy
did yo% not rebelC,9 act%ally served as a s#oke screen for the /%estion that was not asked )nd
th%s it ca#e to pass that all answers to the %nanswerable /%estion Mr 1a%sner p%t to his
witnesses were considerably less than 9the tr%th, the whole tr%th, and nothing b%t the tr%th9 Tr%e
it was that the $ewish people as a whole had not been organi-ed, that they had possessed no
territory, no govern#ent, and no ar#y, that, in the ho%r of their greatest need, they had no
govern#ent0in0e.ile to represent the# a#ong the )llies <the $ewish )gency for 3alestine, %nder
126
7r +ei-#ann@s presidency, was at best a #iserable s%bstit%te>, no caches of weapons, no yo%th
with #ilitary training 2%t the whole tr%th was that there e.isted $ewish co##%nity organi-ations
and $ewish party and welfare organi-ations on both the local and the international level
+herever $ews lived, there were recogni-ed $ewish leaders, and this leadership, al#ost witho%t
e.ception, cooperated in one way or another, for one reason or another, with the Na-is The
whole tr%th was that if the $ewish people had really been %norgani-ed and leaderless, there
wo%ld have been chaos and plenty of #isery b%t the total n%#ber of victi#s wo%ld hardly have
been between fo%r and a half and si. #illion people <)ccording to 're%diger@s calc%lations abo%t
half of the# co%ld have saved the#selves if they had not followed the instr%ctions of the $ewish
(o%ncils This is of co%rse a #ere esti#ate, which, however, oddly :ibes with the rather reliable
fig%res we have fro# 1olland and which ! owe to 7r A de $ong, the head of the Netherlands
*tate !nstit%te for +ar 7oc%#entation !n 1olland, where the $oodsche Raad like all the 7%tch
a%thorities very /%ickly beca#e an 9instr%#ent of the Na-is,9 153,555 $ews were deported to the
death ca#ps and so#e five tho%sand to Theresienstadt in the %s%al way, ie, with the
cooperation of the $ewish (o%ncil ?nly five h%ndred and nineteen $ews ret%rned fro# the death
ca#ps !n contrast to this fig%re, ten tho%sand of those twenty to twenty0five tho%sand $ews who
escaped the Na-is 0 and that #eant also the $ewish (o%ncil 0 and went %ndergro%nd s%rvived;
again forty to fifty per cent Most of the $ews sent to Theresienstadt ret%rned to 1olland>
! have dwelt on this chapter of the story, which the $er%sale# trial failed to p%t before the eyes of
the world in its tr%e di#ensions, beca%se it offers the #ost striking insight into the totality of the
#oral collapse the Na-is ca%sed in respectable "%ropean society 0 not only in 4er#any b%t in
al#ost all co%ntries, not only a#ong the persec%tors b%t also a#ong the victi#s "ich#ann, in
contrast to other ele#ents in the Na-i #ove#ent, had always been overawed by 9good society,9
and the politeness he often showed to 4er#an0speaking $ewish f%nctionaries was to a large
e.tent the res%lt of his recognition that he was dealing with people who were socially his
12B
s%periors 1e was not at all, as one witness called hi#, a 9Aandsknechtnat%r,9 a #ercenary, who
wanted to escape to regions where there aren@t no Ten (o##and#ents an@ a #an can raise a
thirst +hat he fervently believed in %p to the end was s%ccess, the chief standard of 9good
society9 as he knew it Typical was his last word on the s%b:ect of 1itler 0 who# he and his
co#rade *assen had agreed to 9shirr o%t9 of their story; 1itler, he said, 9#ay have been wrong all
down the line, b%t one thing is beyond disp%te8 the #an was able to work his way %p fro# lance
corporal in the 4er#an )r#y to 'Mhrer of a people of al#ost eighty #illion 1is s%ccess alone
proved to #e that ! sho%ld s%bordinate #yself to this #an9 1is conscience was indeed set at rest
when he saw the -eal and eagerness with which 9good society9 everywhere reacted as he did
1e did not need to 9close his ears to the voice of conscience,9 as the :%dg#ent has it, not
beca%se he had none, b%t beca%se his conscience spoke with a 9respectable voice,9 with the
voice of respectable society aro%nd hi#
That there were no voices fro# the o%tside to aro%se his conscience was one of "ich#ann@s
points, and it was the task of the prosec%tion to prove that this was not so, that there were voices
he co%ld have listened to, and that, anyhow, he had done his work with a -eal far beyond the call
of d%ty +hich t%rned o%t to be tr%e eno%gh, e.cept that, strange as it #ay appear, his #%rdero%s
-eal was not altogether %nconnected with the a#big%ity in the voices of those who at one ti#e or
another tried to restrain hi# +e need #ention here only in passing the so0called 9inner
e#igration9 in 4er#any 0 those people who fre/%ently had held positions, even high ones, in the
Third Reich and who, after the end of the war, told the#selves and the world at large that they
had always been 9inwardly opposed9 to the regi#e The /%estion here is not whether or not they
are telling the tr%th; the point is, rather, that no secret in the secret0ridden at#osphere of the
1itler regi#e was better kept than s%ch 9inward opposition9 This was al#ost a #atter of co%rse
%nder the conditions of Na-i terror; as a rather well0known 9inner e#igrant,9 who certainly
believed in his own sincerity, once told #e, they had to appear 9o%twardly9 even #ore like Na-is
126
than ordinary Na-is did, in order to keep their secret <This, incidentally, #ay e.plain why the few
known protests against the e.ter#ination progra# ca#e not fro# the )r#y co##anders b%t fro#
old 3arty #e#bers> 1ence, the only possible way to live in the Third Reich and not act as a Na-i
was not to appear at all8 9+ithdrawal fro# significant participation in p%blic life9 was indeed the
only criterion by which one #ight have #eas%red individ%al g%ilt, as ?tto Dirchhei#er recently
re#arked in his 3olitical $%stice <1961> !f the ter# was to #ake any sense, the 9inner e#igrant9
co%ld only be one who lived 9as tho%gh o%tcast a#ong his own people a#idst blindly believing
#asses,9 as 3rofessor 1er#ann $ahrreiss pointed o%t in his 9*tate#ent for )ll 7efense
)ttorneys9 before the N%re#berg Trib%nal 'or opposition was indeed 9%tterly pointless9 in the
absence of all organi-ation !t is tr%e that there were 4er#ans who lived for twelve years in this
9o%ter cold,9 b%t their n%#ber was insignificant, even a#ong the #e#bers of the resistance !n
recent years, the slogan of the 9inner e#igration9 <the ter# itself has a definitely e/%ivocal flavor,
as it can #ean either an e#igration into the inward regions of one@s so%l or a way of cond%cting
oneself as tho%gh he were an e#igrant> has beco#e a sort of a :oke The sinister 7r ?tto
2radfisch, for#er #e#ber of one of the "insat-gr%ppen, who presided over the killing of at least
fifteen tho%sand people, told a 4er#an co%rt that he had always been 9inwardly opposed9 to what
he was doing 3erhaps the death of fifteen tho%sand people was necessary to provide hi# with
an alibi in the eyes of 9tr%e Na-is9 <The sa#e arg%#ent was advanced, tho%gh with considerably
less s%ccess, in a 3olish co%rt by for#er 4a%leiter )rth%r 4reiser of the +arthega%8 only his
9official so%l9 had carried o%t the cri#es for which he was hanged in 1966, his 9private so%l9 had
always been against the#> 0
+hile "ich#ann #ay never have enco%ntered an 9inner e#igrant,9 he #%st have been well
ac/%ainted with #any of those n%#ero%s civil servants who today assert that they stayed in their
:obs for no other reason than to 9#itigate9 #atters and to prevent 9real Na-is9 fro# taking over
their posts +e #entioned the fa#o%s case of 7r 1ans 4lobke, ,ndersecretary of *tate and
12H
fro# 19B3 to 1963 chief of the personnel division in the +est 4er#an (hancellery *ince he was
the only civil servant in this category to be #entioned d%ring the trial, it #ay be worth while to look
into his #itigating activities 7r 4lobke had been e#ployed in the 3r%ssian Ministry of the !nterior
before 1itler@s rise to power, and had shown there a rather pre#at%re interest in the $ewish
/%estion 1e for#%lated the first of the directives in which 9proof of )ryan descent9 was
de#anded, in this case of persons who applied for per#ission to change their na#es This
circ%lar letter of 7ece#ber, 1932 0 iss%ed at a ti#e when 1itler@s rise to power was not yet a
certainty, b%t a strong probability 0 oddly anticipated the 9top secret decrees,9 that is, the typically
totalitarian r%le by #eans of laws that are not bro%ght to the attention of the p%blic, which the
1itler regi#e introd%ced #%ch later, in notifying the recipients that 9these directives are not for
p%blication9 7r 4lobke, as ! have #entioned, kept his interest in na#es, and since it is tr%e that
his (o##entary on the N%re#berg Aaws of 193B was considerably harsher than the earlier
interpretation of Rassenschande by the Ministry of the !nterior@s e.pert on $ewish affairs, 7r
2ernhard ANsener, an old #e#ber of the 3arty, one co%ld even acc%se hi# of having #ade
things worse than they were %nder 9real Na-is9 2%t even if we were to grant hi# all his good
intentions, it is hard indeed to see what he co%ld have done %nder the circ%#stances to #ake
things better than they wo%ld otherwise have been Recently, however, a 4er#an newspaper,
after #%ch searching, ca#e %p with an answer to this p%--ling /%estion They fo%nd a doc%#ent,
d%ly signed by 7r 4lobke, which decreed that (-ech brides of 4er#an soldiers had to f%rnish
photographs of the#selves in bathing s%its in order to obtain a #arriage license )nd 7r 4lobke
e.plained8 9+ith this confidential ordinance a three0year0old scandal was so#ewhat #itigated9;
for %ntil his intervention, (-ech brides had to f%rnish snapshots that showed the# stark naked
7r 4lobke, as he e.plained at N%re#berg, was fort%nate in that he worked %nder the orders of
another 9#itigator,9 *taatssekretLr <,ndersecretary of *tate> +ilhel# *t%ckart, who# we #et as
one of the eager #e#bers of the +annsee (onference *t%ckart@s atten%ation activities
12J
concerned half0$ews, who# he proposed to sterili-e <The N%re#berg co%rt, in possession of the
#in%tes of the +annsee (onference, #ay not have believed that he had known nothing of the
e.ter#ination progra#, b%t it sentenced hi# to ti#e served on acco%nt of ill health ) 4er#an
dena-ification co%rt fined hi# five h%ndred #arks and declared hi# a 9no#inal #e#ber of the
3arty9 0 a MitlL%fer 0 altho%gh they #%st have known at least that *t%ckart belonged to the 9old
g%ard9 of the 3arty and had :oined the ** early, as an honorary #e#ber> (learly, the story of
the 9#itigators9 in 1itler@s offices belongs a#ong the postwar fairy tales, and we can dis#iss
the#, too, as voices that #ight possibly have reached "ich#ann@s conscience
The /%estion of these voices beca#e serio%s, in $er%sale#, with the appearance in co%rt of
3ropst 1einrich 4rMber, a 3rotestant #inister, who had co#e to the trial as the only 4er#an
<and, incidentally, e.cept for $%dge Michael M%s#anno fro# the ,nited *tates, the only non0
$ewish> witness for the prosec%tion <4er#an witnesses for the defense were e.cl%ded fro# the
o%tset, since they wo%ld have e.posed the#selves to arrest and prosec%tion in !srael %nder the
sa#e law as that %nder which "ich#ann was tried> 3ropst 4rMber had belonged to the
n%#erically s#all and politically irrelevant gro%p of persons who were opposed to 1itler on
principle, and not o%t of nationalist considerations, and whose stand on the $ewish /%estion had
been witho%t e/%ivocation 1e pro#ised to be a splendid witness, since "ich#ann had
negotiated with hi# several ti#es, and his #ere appearance in the co%rtroo# created a kind of
sensation ,nfort%nately, his testi#ony was vag%e; he did not re#e#ber, after so #any years,
when he had spoken with "ich#ann, or, and this was #ore serio%s, on what s%b:ects )ll he
recalled clearly was that he had once asked for %nleavened bread to be shipped to 1%ngary for
3assover, and that l e had traveled to *wit-erland d%ring the war to tell his (hristian friends how
dangero%s the sit%ation was and to %rge that #ore opport%nities for e#igration be provided <The
negotiations #%st have taken place prior to the i#ple#enting of the 'inal *ol%tion, which
coincided with 1i##ler@s decree forbidding all e#igration; they probably occ%rred before the
129
invasion of R%ssia> 1e got his %nleavened bread, and he got safely to *wit-erland and back
again 1is tro%bles started later, when the deportations had beg%n 3ropst 4rMber and his gro%p
of 3rotestant clergy#en first intervened #erely 9on behalf of people who had been wo%nded in
the co%rse of the 'irst +orld +ar and of those who had been awarded high #ilitary decorations;
on behalf of the old and on behalf of the widows of those killed in +orld +ar !9 These categories
corresponded to those that had originally been e.e#pted by the Na-is the#selves Now 4rMber
was told that what he was doing 9ran co%nter to the policy of the govern#ent,9 b%t nothing serio%s
happened to hi# 2%t shortly after this, 3ropst 4rMber did so#ething really e.traordinary8 he tried
to reach the concentration ca#p of 4%rs, in so%thern 'rance, where =ichy 'rance had interned,
together with 4er#an $ewish ref%gees, so#e seventy0five h%ndred $ews fro# 2aden and the
*aarpfal- who# "ich#ann had s#%ggled across the 4er#an0'rench border in the fall of 1965,
and who, according to 3ropst 4rMber@s infor#ation, were even worse off than the $ews deported
to 3oland The res%lt of this atte#pt was that he was arrested and p%t in a concentration ca#p 0
first in *achsenha%sen and then in 7acha% <) si#ilar fate befell the (atholic priest 7o#propst
2ernard Aichtenberg, of *t 1edwig@s (athedral in 2erlin; he not only had dared to pray p%blicly
for all $ews, bapti-ed or not 0 which was considerably #ore dangero%s than to intervene for
9special cases9 0 b%t he had also de#anded that he be allowed to :oin the $ews on their :o%rney
to the "ast 1e died on his way to a concentration ca#p>
)part fro# testifying to the e.istence of 9another 4er#any,9 3ropst 4rMber did not contrib%te
#%ch to either the legal or the historical significance of the trial 1e was f%ll of pat :%dg#ents
abo%t "ich#ann 0 he was like 9a block of ice,9 like 9#arble,9 a 9Aandsknechtsnat%r,9 a 9bicycle
rider9 <a c%rrent 4er#an idio# for so#eone who kowtows to his s%periors and kicks his
s%bordinates> 0 none of which showed hi# as a partic%larly good psychologist, /%ite apart fro#
the fact that the 9bicycle rider9 charge was contradicted by evidence which showed "ich#ann to
have been rather decent toward his s%bordinates )nyway, these were interpretations and
135
concl%sions that wo%ld nor#ally have been stricken fro# any co%rt record 0 tho%gh in $er%sale#
they even fo%nd their way into the :%dg#ent +itho%t the# 3ropst 4rMber@s testi#ony co%ld have
strengthened the case for the defense, for "ich#ann had never given 4rMber a direct answer, he
had always told hi# to co#e back, as he had to ask for f%rther instr%ctions More i#portant, 7r
*ervati%s for once took the initiative and asked the witness a highly pertinent /%estion8 97id yo%
try to infl%ence hi#C 7id yo%, as a clergy#an, try to appeal to his feelings, preach to hi#, and tell
hi# that his cond%ct was contrary to #oralityC9 ?f co%rse, the very co%rageo%s 3ropst had done
nothing of the sort, and his answers now were highly e#barrassing 1e said that 9deeds are #ore
effective than words,9 and that 9words wo%ld have been %seless9; he spoke in clichIs that had
nothing to do with the reality of the sit%ation, where 9#ere words9 wo%ld have been deeds, and
where it had perhaps been the d%ty of a clergy#an to test the 9%selessness of words9
"ven #ore pertinent than 7r *ervati%s@ /%estion was what "ich#ann said abo%t this episode in
his last state#ent8 9Nobody,9 he repeated, 9ca#e to #e and reproached #e for anything in the
perfor#ance of #y d%ties Not even 3astor 4rMber clai#s to have done so9 1e then added8 91e
ca#e to #e and so%ght alleviation of s%ffering, b%t did not act%ally ob:ect to the very perfor#ance
of #y d%ties as s%ch9 'ro# 3ropst 4rMber@s own testi#ony, it appeared that he so%ght not so
#%ch 9alleviation of s%ffering9 as e.e#ptions fro# it, in accordance with well0established
categories recogni-ed earlier by the Na-is The categories had been accepted witho%t protest by
4er#an $ewry fro# the very beginning )nd the acceptance of privileged categories 0 4er#an
$ews as against 3olish $ews, war veterans and decorated $ews as against ordinary $ews,
fa#ilies whose ancestors were 4er#an0born as against recently nat%rali-ed citi-ens, etc 0 had
been the beginning of the #oral collapse of respectable $ewish society <!n view of the fact that
today s%ch #atters are often treated as tho%gh there e.isted a law of h%#an nat%re co#pelling
everybody to lose his dignity in the face of disaster, we #ay recall the attit%de of the 'rench
$ewish war veterans who were offered the sa#e privileges by their govern#ent, and replied8 9+e
131
sole#nly declare that we reno%nce any e.ceptional benefits we #ay derive fro# o%r stat%s as
e.service#en9
E)#erican $ewish &earbook, 196BF> Needless to say, the Na-is the#selves never
took these distinctions serio%sly, for the# a $ew was a $ew, b%t the categories played a certain
role %p to the very end, since they helped p%t to rest a certain %neasiness a#ong the 4er#an
pop%lation8 only 3olish $ews were deported, only people who had shirked #ilitary service, and so
on 'or those who did not want to close their eyes it #%st have been clear fro# the beginning that
it 9was a general practice to allow certain e.ceptions in order to be able to #aintain the general
r%le all the #ore easily9 <in the words of Ao%is de $ong in an ill%#inating article on 9$ews and
Non0$ews in Na-i0?cc%pied 1olland9>
+hat was #orally so disastro%s in the acceptance of these privileged categories was that
everyone who de#anded to have an 9e.ception9 #ade in his case i#plicitly recogni-ed the r%le,
b%t this point, apparently, was never grasped by these 9good #en,9 $ewish and 4entile, who
b%sied the#selves abo%t all those 9special cases9 for which preferential treat#ent co%ld be
asked The e.tent to which even the $ewish victi#s had accepted the standards of the 'inal
*ol%tion is perhaps nowhere #ore glaringly evident than in the so0called Dastner Report
<available in 4er#an, 7er Dastner02ericht Mber "ich#anns Menschenhandel in ,ngarn, 1961>
"ven after the end of the war, Dastner was pro%d of his s%ccess in saving 9pro#inent $ews,9 a
category officially introd%ced by the Na-is in 1962, as tho%gh in his view, too, it went witho%t
saying that a fa#o%s $ew had #ore right to stay alive than an ordinary one; to take %pon hi#self
s%ch 9responsibilities9 0 to help the Na-is in their efforts to pick o%t 9fa#o%s9 people fro# the
anony#o%s #ass, for this is what it a#o%nted to 0 9re/%ired #ore co%rage than to face death9
2%t if the $ewish and 4entile pleaders of 9special cases9 were %naware of their invol%ntary
co#plicity, this i#plicit recognition of the r%le, which spelled death for all non0special cases, #%st
have been very obvio%s to those who were engaged in the b%siness of #%rder They #%st have
132
felt, at least, that by being asked to #ake e.ceptions, and by occasionally granting the#, and
th%s earning gratit%de, they had convinced their opponents of the lawf%lness of what they were
doing
Moreover, 3ropst 4rMber and the $er%sale# co%rt were /%ite #istaken in ass%#ing that re/%ests
for e.e#ptions originated only with opponents of the regi#e ?n the contrary, as 1eydrich
e.plicitly stated d%ring the +annsee (onference, the establish#ent of Theresienstadt as a ghetto
for privileged categories was pro#pted by the great n%#ber of s%ch interventions fro# all sides
Theresienstadt later beca#e a showplace for visitors fro# abroad and served to deceive the
o%tside world, b%t this was not its original raison d@Utre The horrible thinning0o%t process that
reg%larly occ%rred in this 9paradise9 0 9disting%ished fro# other ca#ps as day is fro# night,9 as
"ich#ann rightly re#arked 0 was necessary beca%se there was never eno%gh roo# to provide for
all who were privileged, and we know fro# a directive iss%ed by "rnst Daltenbr%nner, head of the
R*1), that 9special care was taken not to deport $ews with connections and i#portant
ac/%aintances in the o%tside world9 !n other words, the less 9pro#inent9 $ews were constantly
sacrificed to those whose disappearance in the "ast wo%ld create %npleasant in/%iries The
9ac/%aintances in the o%tside world9 did not necessarily live o%tside 4er#any; according to
1i##ler, there were 9eighty #illion good 4er#ans, each of who# has his decent $ew !t is clear,
the others are pigs, b%t this partic%lar $ew is first0rate9 <1ilberg> 1itler hi#self is said to have
known three h%ndred and forty 9first0rate $ews,9 who# he had either altogether assi#ilated to the
stat%s of 4er#ans or granted the privileges of half0$ews Tho%sands of half0$ews had been
e.e#pted fro# all restrictions, which #ight e.plain 1eydrich@s role in the ** and
4eneralfeld#arschall "rhard Milch@s role in 4Nring@s )ir 'orce, for it was generally known that
1eydrich and Milch were half0$ews <)#ong the #a:or war cri#inals, only two repented in the
face of death8 1eydrich, d%ring the nine days it took hi# to die fro# the wo%nds inflicted by (-ech
patriots, and 1ans 'rank in his death cell at N%re#berg !t is an %nco#fortable fact, for it is
133
diffic%lt not to s%spect that what 1eydrich at least repented of was not #%rder b%t that he had
betrayed his own people> !f interventions on behalf of 9pro#inent9 $ews ca#e fro# 9pro#inent9
people, they often were /%ite s%ccessf%l Th%s *ven 1edin, one of 1itler@s #ost ardent ad#irers,
intervened for a well0known geographer, a 3rofessor 3hilippsohn of 2onn, who was 9living %nder
%ndignified conditions at Theresienstadt9; in a letter to 1itler, 1edin threatened that 9his attit%de to
4er#any wo%ld be dependent %pon 3hilippsohn@s fate,9 where%pon <according to 1 4 )dler@s
book on Thercsienstadt> Mr 3hilippsohn was pro#ptly provided with better /%arters
!n 4er#any today, this notion of 9pro#inent9 $ews has not yet been forgotten +hile the veterans
and other privileged gro%ps are no longer #entioned, the fate of 9fa#o%s9 $ews is still deplored at
the e.pense of all others There are #ore than a few people, especially a#ong the c%lt%ral Ilite,
who still p%blicly regret the fact that 4er#any sent "instein packing, witho%t reali-ing that it was a
#%ch greater cri#e to kill little 1ans (ohn fro# aro%nd the corner, even tho%gh he was no
geni%s
=!!!8 7%ties of a Aaw0)biding (iti-en
*o "ich#ann@s opport%nities for feeling like 3onti%s 3ilate were #any, and as the #onths and the
years went by, he lost the need to feel anything at all This was the way things were, this was the
new law of the land, based on the 'Mhrer@s order; whatever he did he did, as far as he co%ld see,
as a law0abiding citi-en 1e did his d%ty, as he told the police and the co%rt over and over again;
he not only obeyed orders, he also obeyed the law "ich#ann had a #%ddled inkling that this
co%ld be an i#portant distinction, b%t neither the defense nor the :%dges ever took hi# %p on it
The well0worn coins of 9s%perior orders9 vers%s 9acts of state9 were handed back and forth; they
had governed the whole disc%ssion of these #atters d%ring the N%re#berg Trials, for no other
reason than that they gave the ill%sion that the altogether %nprecedented co%ld be :%dged
according to precedents and the standards that went with the# "ich#ann, with his rather #odest
#ental gifts, was certainly the last #an in the co%rtroo# to be e.pected to challenge these
136
notions and to strike o%t on his own *ince, in addition to perfor#ing what he conceived to be the
d%ties of a law0abiding citi-en, he had also acted %pon orders 0 always so caref%l to be 9covered9
0 he beca#e co#pletely #%ddled, and ended by stressing alternately the virt%es and the vices of
blind obedience, or the 9obedience of corpses,9 Dadavergehorsa#, as he hi#self called it
The first indication of "ich#ann@s vag%e notion that there was #ore involved in this whole
b%siness than the /%estion of the soldier@s carrying o%t orders that are clearly cri#inal in nat%re
and intent appeared d%ring the police e.a#ination, when he s%ddenly declared with great
e#phasis that he had lived his whole life according to Dant@s #oral precepts, and especially
according to a Dantian definition of d%ty This was o%trageo%s, on the face of it, and also
inco#prehensible, since Dant@s #oral philosophy is so closely bo%nd %p with #an@s fac%lty of
:%dg#ent, which r%les o%t blind obedience The e.a#ining officer did not press the point, b%t
$%dge Raveh, either o%t of c%riosity or o%t of indignation at "ich#ann@s having dared to invoke
Dant@s na#e in connection with his cri#es, decided to /%estion the acc%sed )nd, to the s%rprise
of everybody, "ich#ann ca#e %p with an appro.i#ately correct definition of the categorical
i#perative8 9! #eant by #y re#ark abo%t Dant that the principle of #y will #%st always be s%ch
that it can beco#e the principle of general laws9 <which is not the case with theft or #%rder, for
instance, beca%se the thief or the #%rderer cannot conceivably wish to live %nder a legal syste#
that wo%ld give others the right to rob or #%rder hi#> ,pon f%rther /%estioning, he added that he
had read Dant@s (riti/%e of 3ractical Reason 1e then proceeded to e.plain that fro# the #o#ent
he was charged with carrying o%t the 'inal *ol%tion he had ceased to live according to Dantian
principles, that he had known it, and that he had consoled hi#self with the tho%ght that he no
longer 9was #aster of his own deeds,9 that he was %nable 9to change anything9 +hat he failed to
point o%t in co%rt was that in this 9period of cri#es legali-ed by the state,9 as he hi#self now
called it, he had not si#ply dis#issed the Dantian for#%la as no longer applicable, he had
distorted it to read8 )ct as if the principle of yo%r actions were the sa#e as that of the legislator or
13B
of the law of the land 0 or, in 1ans 'rank@s for#%lation of 9the categorical i#perative in the Third
Reich,9 which "ich#ann #ight have known8 9)ct in s%ch a way that the 'Mhrer, if he knew yo%r
action, wo%ld approve it9 <7ie Technik des *taates, 1962, pp 1B016> Dant, to be s%re, had never
intended to say anything of the sort; on the contrary, to hi# every #an was a legislator the
#o#ent he started to act8 by %sing his 9practical reason9 #an fo%nd the principles that co%ld and
sho%ld be the principles of law 2%t it is tr%e that "ich#ann@s %nconscio%s distortion agrees with
what he hi#self called the version of Dant 9for the ho%sehold %se of the little #an9 !n this
ho%sehold %se, all that is left of Dant@s spirit is the de#and that a #an do #ore than obey the law,
that he go beyond the #ere call of obedience and identify his own will with the principle behind
the law 0 the so%rce fro# which the law sprang !n Dant@s philosophy, that so%rce was practical
reason; in "ich#ann@s ho%sehold %se of hi#, it was the will of the 'Mhrer M%ch of the horribly
painstaking thoro%ghness in the e.ec%tion of the 'inal *ol%tion 0 a thoro%ghness that %s%ally
strikes the observer as typically 4er#an, or else as characteristic of the perfect b%rea%crat 0 can
be traced to the odd notion, indeed very co##on in 4er#any, that to be law0abiding #eans not
#erely to obey the laws b%t to act as tho%gh one were the legisator of the laws that one obeys
1ence the the conviction that nothing less than going beyond the call of d%ty will do
+hatever Dant@s role in the for#ation of 9the little #an@s9 #entality in 4er#any #ay have been,
there is not the slightest do%bt that in one respect "ich#ann did indeed follow Dant@s precepts8 a
law was a law, there co%ld be no e.ceptions !n $er%sale#, he ad#itted only two s%ch e.ceptions
d%ring the ti#e when 9eighty #illion 4er#ans9 had each had 9his decent $ew98 he had helped a
half0$ewish co%sin, and a $ewish co%ple in =ienna for who# his %ncle had intervened This
inconsistency still #ade hi# feel so#ewhat %nco#fortable, and when he was /%estioned abo%t it
d%ring cross0e.a#ination, he beca#e openly apologetic8 he had 9confessed his sins9 to his
s%periors This %nco#pro#ising attit%de toward the perfor#ance of his #%rdero%s d%ties da#ned
hi# in the eyes of the :%dges #ore than anything else, which was co#prehensible, b%t in his own
136
eyes it was precisely what :%stified hi#, as it had once silenced whatever conscience he #ight
have had left No e.ceptions 0 this was the proof that he had always acted against his
9inclinations,9 whether they were senti#ental or inspired by interest, that he had always done his
9d%ty9
7oing his 9d%ty9 finally bro%ght hi# into open conflict with orders fro# his s%periors 7%ring the
last year of the war, #ore than two years after the +annsee (onference, he e.perienced his last
crisis of conscience )s the defeat approached, he was confronted by #en fro# his own ranks
who fo%ght #ore and #ore insistently for e.ceptions and, event%ally, for the cessation of the
'inal *ol%tion That was the #o#ent when his ca%tion broke down and he began, once #ore,
taking initiatives 0 for instance, he organi-ed the foot #arches of $ews fro# 2%dapest to the
)%strian border after )llied bo#bing had knocked o%t the transportation syste# !t now was the
fall of 1966, and "ich#ann knew that 1i##ler had ordered the dis#antling of the e.ter#ination
facilities in )%schwit- and that the ga#e was %p )ro%nd this ti#e, "ich#ann had one of his very
few personal interviews with 1i##ler, in the co%rse of which the latter allegedly sho%ted at hi#,
9!f %p to now yo% have been b%sy li/%idating $ews, yo% will fro# now on, since ! order it, take
good care of $ews, act as their n%rse#aid ! re#ind yo% that it was ! 0 and neither 4r%ppenfMhrer
MMller nor yo% 0 who fo%nded the R*1) in 1933; ! a# the one who gives orders hereO9 *ole
witness to s%bstantiate these words was the very d%bio%s Mr D%rt 2echer; "ich#ann denied that
1i##ler had sho%ted at hi#, b%t he did not deny that s%ch an interview had taken place 1i##ler
cannot have spoken in precisely these words, he s%rely knew that the R*1) was fo%nded in
1939, not in 1933, and not si#ply by hi#self b%t by 1eydrich, with his endorse#ent *till,
so#ething of the sort #%st have occ%rred, 1i##ler was then giving orders right and left that the
$ews be treated well 0 they were his 9so%ndest invest#ent9 0 and it #%st have been a shattering
e.perience for "ich#ann
"ich#ann@s last crisis of conscience began with his #issions to 1%ngary in March, 1966, when
13H
the Red )r#y was #oving thro%gh the (arpathian Mo%ntains toward the 1%ngarian border
1%ngary had :oined the war on 1itler@s side in 1961, for no other reason than to receive so#e
additional territory fro# her neighbors, *lovakia, R%#ania, and &%goslavia The 1%ngarian
govern#ent had been o%tspokenly anti0*e#itic even before that, and now it began to deport all
stateless $ews fro# the newly ac/%ired territories <!n nearly all co%ntries, anti0$ewish action
started with stateless persons> This was /%ite o%tside the 'inal *ol%tion, and, as a #atter of fact,
didn@t fit in with the elaborate plans then in preparation %nder which "%rope wo%ld be 9co#bed
fro# +est to "ast,9 so that 1%ngary had a rather low priority in the order of operations The
stateless $ews had been shoved by the 1%ngarian police into the nearest part of R%ssia, and the
4er#an occ%pation a%thorities on the spot had protested their arrival; the 1%ngarians had taken
back so#e tho%sands of able0bodied #en and had let the others be shot by 1%ngarian troops
%nder the g%idance of 4er#an police %nits )d#iral 1orthy, the co%ntry@s 'ascist r%ler, had not
wanted to go any f%rther, however 0 probably d%e to the restraining infl%ence of M%ssolini and
!talian 'ascis# 0 and in the intervening years 1%ngary, not %nlike !taly, had beco#e a haven for
$ews, to which even ref%gees fro# 3oland and *lovakia co%ld so#eti#es still escape The
anne.ation of territory and the trickle of inco#ing ref%gees had increased the n%#ber of $ews in
1%ngary fro# abo%t five h%ndred tho%sand before the war to appro.i#ately eight h%ndred
tho%sand in 1966, when "ich#ann #oved in
)s we know today, the safety of these three h%ndred tho%sand $ews newly ac/%ired by 1%ngary
was d%e to the 4er#ans@ rel%ctance to start a separate action for a li#ited n%#ber, rather than to
the 1%ngarians@ eagerness to offer asyl%# !n 1962, %nder press%re fro# the 4er#an 'oreign
?ffice <which never failed to #ake it clear to 4er#any@s allies that the to%chstone of their
tr%stworthiness was their helpf%lness not in winning the war b%t in 9solving the $ewish /%estion9>,
1%ngary had offered to hand over all $ewish ref%gees The 'oreign ?ffice had been willing to
accept this as a step in the right direction, b%t "ich#ann had ob:ected8 for technical reasons, he
13J
tho%ght it 9preferable to defer this action %ntil 1%ngary is ready to incl%de the 1%ngarian $ews9; it
wo%ld be too costly 9to set in #otion the whole #achinery of evac%ation9 for only one category,
and hence 9witho%t #aking any progress in the sol%tion of the $ewish proble# in 1%ngary9 Now,
in 1966, 1%ngary was 9ready,9 beca%se on the nineteenth of March two divisions of the 4er#an
)r#y had occ%pied the co%ntry +ith the# had arrived the new Reich 3lenipotentiary, **
*tandartenfMhrer 7r "d#%nd =eesen#ayer, 1i##ler@s agent in the 'oreign ?ffice, and **
?bergr%ppenfMhrer ?tto +inkel#ann, a #e#ber of the 1igher ** and 3olice Aeader (orps and
therefore %nder the direct co##and of 1i##ler The third ** official to arrive in the co%ntry was
"ich#ann, the e.pert on $ewish evac%ation and deportation, who was %nder the co##and of
MMller and Daltenbr%nner of the R*1) 1itler hi#self had left no do%bt what the arrival of the
three gentle#en #eant; in a fa#o%s interview, prior to the occ%pation of the co%ntry, he had told
1orthy that 91%ngary had not yet introd%ced the steps necessary to settle the $ewish /%estion,9
and had charged hi# with 9not having per#itted the $ews to be #assacred9 <1ilberg>
"ich#ann@s assign#ent was clear 1is whole office was #oved to 2%dapest <in ter#s of his
career, this was a 9gliding down9>, to enable hi# to see to it that all 9necessary steps9 were taken
1e had no foreboding of what was to happen; his worst fear concerned possible resistance on the
part of the 1%ngarians, which he wo%ld have been %nable to cope with, beca%se he lacked
#anpower and also lacked knowledge of local conditions These fears proved /%ite %nfo%nded
The 1%ngarian gendar#erie was #ore than eager to do all that was necessary, and the new
*tate *ecretary in (harge of 3olitical <$ewish> )ffairs in the 1%ngarian Ministry of the !nterior,
APs-lo "ndre, was a #an 9well versed in the $ewish proble#,9 and beca#e an inti#ate friend,
with who# "ich#ann co%ld spend a good deal of his free ti#e "verything went 9like a drea#,9 as
he repeated whenever he recalled this episode; there were no diffic%lties whatsoever ,nless, of
co%rse, one calls diffic%lties a few #inor differences between his orders and the wishes of his
new friends; for instance, probably beca%se of the approach of the Red )r#y fro# the "ast, his
139
orders stip%lated that the co%ntry was to be 9co#bed fro# "ast to +est,9 which #eant that
2%dapest $ews wo%ld not be evac%ated d%ring the first weeks or #onths 0 a #atter for great grief
a#ong the 1%ngarians, who wanted their capital to take the lead in beco#ing :%denrein
<"ich#ann@s 9drea#9 was an incredible night#are for the $ews8 nowhere else were so #any
people deported and e.ter#inated in s%ch a brief span of ti#e !n less than two #onths, 16H
trains, carrying 636,3B1 people in sealed freight cars, a h%ndred persons to a car, left the co%ntry,
and the gas cha#bers of )%schwit- were hardly able to cope with this #%ltit%de>
The diffic%lties arose fro# another /%arter Not one #an b%t three had orders specifying that they
were to help in 9the sol%tion of the $ewish proble#9; each of the# belonged to a different o%tfit
and stood in a different chain of co##and Technically, +inkel#ann was "ich#ann@s s%perior,
b%t the 1igher ** and 3olice Aeaders were not %nder the co##and of the R*1), to which
"ich#ann belonged )nd =eesen#ayer, of the 'oreign ?ffice, was independent of both )t any
rate, "ich#ann ref%sed to take orders fro# either of the others, and resented their presence 2%t
the worst tro%ble ca#e fro# a fo%rth #an, who# 1i##ler had charged with a 9special #ission9 in
the only co%ntry in "%rope that still harbored not only a si-able n%#ber of $ews b%t $ews who
were still in an i#portant econo#ic position <?f a total of a h%ndred and ten tho%sand
co##ercial stores and ind%strial enterprises in 1%ngary, forty tho%sand were reported to be in
$ewish hands> This #an was ?berst%r#bannfMhrer, later *tandartenfMhrer, D%rt 2echer
2echer, an old ene#y of "ich#ann who is today a prospero%s #erchant in 2re#en, was called,
strangely eno%gh, as a witness for the defense 1e co%ld not co#e to $er%sale#, for obvio%s
reasons, and he was e.a#ined in his 4er#an ho#e town 1is testi#ony had to be dis#issed,
since he had been shown, well ahead of ti#e, the /%estions he was later called on to answer
%nder oath !t was a great pity that "ich#ann and 2echer co%ld not have been confronted with
each other, and this not #erely for :%ridical reasons *%ch a confrontation wo%ld have revealed
another part of the 9general pict%re,9 which, even legally, was far fro# irrelevant )ccording to his
165
own acco%nt, the reason 2echer :oined the ** was that 9fro# 1932 to the present day he had
been actively engaged in horseback riding9 Thirty years ago, this was a sport engaged in only
by, "%rope@s %pper classes !n 1936, his instr%ctor had pers%aded hi# to enter the ** cavalry
regi#ent, which at that #o#ent was the very thing for a #an to do if he wished to :oin the
9#ove#ent9 and at the sa#e ti#e #aintain a proper regard for his social standing <) possible
reason 2echer in his testi#ony stressed horseback riding was never #entioned8 the N%re#berg
Trib%nal had e.cl%ded the Reiter0** fro# its list of cri#inal organi-ations> The war saw 2echer
on active d%ty at the front, as a #e#ber not of the )r#y b%t of the )r#ed **, in which he was a
liaison officer with the )r#y co##anders 1e soon left the front to beco#e the principal b%yer of
horses for the ** personnel depart#ent, a :ob that earned hi# nearly all the decorations that
were then available
2echer clai#ed that he had been sent to 1%ngary only in order to b%y twenty tho%sand horses for
the **; this is %nlikely, since i##ediately %pon his arrival he began a series of very s%ccessf%l
negotiations with the heads of big $ewish b%siness concerns 1is relations with 1i##ler were
e.cellent, he co%ld see hi# whenever he wished 1is 9special #ission9 was clear eno%gh 1e
was to obtain control of #a:or $ewish b%siness concerns behind the backs of the 1%ngarian
govern#ent, and, in ret%rn, to give the owners free passage o%t of the co%ntry, pl%s a si-able
a#o%nt of #oney in foreign c%rrency 1is #ost i#portant transaction was with the Manfred +eiss
steel co#bine, a #a##oth enterprise, with thirty tho%sand workers, which prod%ced everything
fro# airplanes, tr%cks, and bicycles to tinned goods, pins, and needles The res%lt was that fortyfive
#e#bers of the +eiss fa#ily e#igrated to 3ort%gal while Mr 2echer beca#e head of their
b%siness +hen "ich#ann heard of this *chweinerei, he was o%traged; the deal threatened to
co#pro#ise his good relations with the 1%ngarians, who nat%rally e.pected to take possession of
$ewish property confiscated on their own soil 1e had so#e reason for his indignation, since
these deals were contrary to the reg%lar Na-i policy, which had been /%ite genero%s 'or their
161
help in solving the $ewish /%estion in any co%ntry, the 4er#ans had de#anded no part of the
$ews@ property, only the costs of their deportation and e.ter#ination, and these costs had varied
widely fro# co%ntry to co%ntry 0 the *lovaks had been s%pposed to pay between three h%ndred
and five h%ndred Reichs#arks per $ew, the (roats only thirty, the 'rench seven h%ndred, and the
2elgians two h%ndred and fifty <!t see#s that no one ever paid e.cept the (roats> !n 1%ngary, at
this late stage of the war, the 4er#ans were de#anding pay#ent in goods 0 ship#ents of food to
the Reich, in /%antities deter#ined by the a#o%nt of food the deported $ews wo%ld have
cons%#ed
The +eiss affair was only the beginning, and things were to get considerably worse, fro#
"ich#ann@s point of view 2echer was a born b%siness#an, and where "ich#ann saw only
enor#o%s tasks of organi-ation and ad#inistration, he saw al#ost %nli#ited possibilities for
#aking #oney The one thing that stood in his way was the narrow0#indedness of s%bordinate
creat%res like "ich#ann, who took their :obs serio%sly ?berst%r#bannfMhrer 2echer@s pro:ects
soon led hi# to cooperate closely in the resc%e efforts of 7r R%dolf Dastner <!t was to Dastner@s
testi#ony on his behalf that 2echer later, at N%re#berg, owed his freedo# 2eing an old Kionist,
Dastner had #oved to !srael after the war, where he held a high position %ntil a :o%rnalist
p%blished a story abo%t his collaboration with the ** 0 where%pon Dastner s%ed hi# for libel 1is
testi#ony at N%re#berg weighed heavily against hi#, and when the case ca#e before the
$er%sale# 7istrict (o%rt, $%dge 1alevi, one of the three :%dges in the "ich#ann trial, told Dastner
that he 9had sold his so%l to the devil9 !n March, 19BH, shortly before his case was to be
appealed before the !sraeli *%pre#e (o%rt, Dastner was #%rdered; none of the #%rderers, it
see#s, ca#e fro# 1%ngary !n the hearing that followed the verdict of the lower co%rt was
repealed and Dastner was f%lly rehabilitated> The deals 2echer #ade thro%gh Dastner were
#%ch si#pler than the co#plicated negotiations with the b%siness #agnates; they consisted in
fi.ing a price for the life of each $ew to be resc%ed There was considerable haggling over prices,
162
and at one point, it see#s, "ich#ann also got involved in so#e of the preli#inary disc%ssions
(haracteristically, his price was the lowest, a #ere two h%ndred dollars per $ew 0 not, of co%rse,
beca%se he wished to save #ore $ews b%t si#ply beca%se he was not %sed to thinking big The
price finally arrived at was a tho%sand dollars, and one gro%p, consisting of 1,6J6 $ews, and
incl%ding 7r Dastner@s fa#ily, act%ally left 1%ngary for the e.change ca#p at 2ergen02elsen,
fro# which they event%ally reached *wit-erland ) si#ilar deal, thro%gh which 2echer and
1i##ler hoped to obtain twenty #illion *wiss francs fro# the )#erican $oint 7istrib%tion
(o##ittee, for the p%rchase of #erchandise of all sorts, kept everybody b%sy %ntil the R%ssians
liberated 1%ngary, b%t nothing ca#e of it
There is no do%bt that 2echer@s activities had the f%ll approval of 1i##ler and stood in the
sharpest possible opposition to the old 9radical9 orders, which still reached "ich#ann thro%gh
MMller and Daltenbr%nner, his i##ediate s%periors in the R*1) !n "ich#ann@s view, people
like 2echer were corr%pt, b%t corr%ption co%ld not very well have ca%sed his crisis of conscience,
for altho%gh he was apparently not s%sceptible to this kind of te#ptation, he #%st by this ti#e
have been s%rro%nded by corr%ption for #any years !t is diffic%lt to i#agine that he did not know
that his friend and s%bordinate 1a%ptst%r#fMhrer 7ieter +isliceny had, as early as 1962,
accepted fifty tho%sand dollars fro# the $ewish Relief (o##ittee in 2ratislava for delaying the
deportations fro# *lovakia, tho%gh it is not altogether i#possible; b%t he cannot have been
ignorant of the fact that 1i##ler, in the fall of 1962, had tried to sell e.it per#its to the *lovakian
$ews in e.change for eno%gh foreign c%rrency to pay for the recr%it#ent of a new ** division
Now, however, in 1966, in 1%ngary, it was different, not beca%se 1i##ler was involved in
9b%siness,9 b%t beca%se b%siness had now beco#e official policy; it was no longer #ere
corr%ption
)t the beginning, "ich#ann tried to enter the ga#e and play it according to the new r%les; that
was when he got involved in the fantastic 9blood0for0wares9 negotiations 0 one #illion $ews for ten
163
tho%sand tr%cks for the cr%#bling 4er#an )r#y 0 which certainly were not initiated by hi# The
way he e.plained his role in this #atter, in $er%sale#, showed clearly how he had once :%stified it
to hi#self8 as a #ilitary necessity that wo%ld bring hi# the additional benefit of an i#portant new
role in the e#igration b%siness +hat he probably never ad#itted to hi#self was that the
#o%nting diffic%lties on all sides #ade it every day #ore likely that he wo%ld soon be witho%t a
:ob <indeed, this happened, a few #onths later> %nless he s%cceeded in finding so#e foothold
a#id the new :ockeying for power that was going on all aro%nd hi# +hen the e.change pro:ect
#et with its predictable fail%re, it was already co##on knowledge that 1i##ler, despite his
constant vacillations, chiefly d%e to his :%stified physical fear of 1itler, had decided to p%t an end
to the whole 'inal *ol%tion 0 regardless of b%siness, regardless of #ilitary necessity, and witho%t
anything to show for it e.cept the ill%sions he had concocted abo%t his f%t%re role as the bringer
of peace to 4er#any !t was at this ti#e that a 9#oderate wing9 of the ** ca#e into e.istence,
consisting of those who were st%pid eno%gh to believe that a #%rderer who co%ld prove he had
not killed as #any people as he co%ld have killed wo%ld have a #arvelo%s alibi, and those who
were clever eno%gh to foresee a ret%rn to 9nor#al conditions,9 when #oney and good
connections wo%ld again be of para#o%nt i#portance
"ich#ann never :oined this 9#oderate wing,9 and it is /%estionable whether he wo%ld have been
ad#itted if he had tried to Not only was he too deeply co#pro#ised and, beca%se of his constant
contact with $ewish f%nctionaries, too well known; he was too pri#itive for these well0ed%cated
%pper0#iddle0class 9gentle#en,9 against who# he harbored the #ost violent resent#ent %p to
the very end 1e was /%ite capable of sending #illions of people to their death, b%t he was not
capable of talking abo%t it in the appropriate #anner witho%t being given his 9lang%age r%le9 !n
$er%sale#, witho%t any r%les, he spoke freely of 9killing9 and of 9#%rder,9 of 9cri#es legali-ed by
the state9; he called a spade a spade, in contrast to co%nsel for the defense, whose feeling of
social s%periority to "ich#ann was #ore than once in evidence <*ervati%s@ assistant 7r 7ieter
166
+echtenbr%ch 0 a disciple of (arl *ch#itt who attended the first few weeks of the trial, then was
sent to 4er#any to /%estion witnesses for the defense, and reappeared for the last week in
)%g%st 0 was readily available to reporters o%t of co%rt; he see#ed to be shocked less by
"ich#ann@s cri#es than by his lack of taste and ed%cation 9*#all fry,9 he said; 9we #%st see
how we get hi# over the h%rdles9 0 wie wir das +Mrstchen fiber die R%nden bringen *ervati%s
hi#self had declared, even prior to the trial, that his client@s personality was that of 9a co##on
#ail#an9>
+hen 1i##ler beca#e 9#oderate,9 "ich#ann sabotaged his orders as #%ch as he dared, to the
e.tent at least that he felt he was 9covered9 by his i##ediate s%periors 91ow does "ich#ann
dare to sabotage 1i##ler@s ordersC9 0 in this case, to stop the foot #arches, in the fall of 1966 0
Dastner once asked +isliceny )nd the answer was8 91e can probably show so#e telegra#
MMller and Daltenbr%nner #%st have covered hi#9 !t is /%ite possible that "ich#ann had so#e
conf%sed plan for li/%idating Theresienstadt before the arrival of the Red )r#y, altho%gh we know
this only thro%gh the d%bio%s testi#ony of 7ieter +isliceny <who #onths, and perhaps years,
before the end began caref%lly preparing an alibi for hi#self at the e.pense of "ich#ann, to
which he then treated the co%rt at N%re#berg, where he was a witness for the prosec%tion; it did
hi# no good, for he was e.tradited to (-echoslovakia, prosec%ted and e.ec%ted in 3rag%e,
where he had no connections and where #oney was of no help to hi#> ?ther witnesses clai#ed
that it was Rolf 4Mnther, one of "ich#ann@s #en, who planned this, and that there e.isted, on the
contrary, a written order fro# "ich#ann that the ghetto be left intact !n any event, there is no
do%bt that even in )pril, 196B, when practically everybody had beco#e /%ite 9#oderate,9
"ich#ann took advantage of a visit that M 3a%l 7%nand, of the *wiss Red (ross, paid to
Theresienstadt to p%t it on record that he hi#self did not approve of 1i##ler@s new line in regard
to the $ews
That "ich#ann had at all ti#es done his best to #ake the 'inal *ol%tion final was therefore not in
16B
disp%te The /%estion was only whether this was indeed proof of his fanaticis#, his bo%ndless
hatred of $ews, and whether he had lied to the police and co##itted per:%ry in co%rt when he
clai#ed he had always obeyed orders No other e.planation ever occ%rred to the :%dges, who
tried so hard to %nderstand the acc%sed, and treated hi# with a consideration and an a%thentic,
shining h%#anity s%ch as he had probably never enco%ntered before in his whole life <7r
+echtenbr%ch told reporters that "ich#ann had 9great confidence in $%dge Aanda%,9 as tho%gh
Aanda% wo%ld be able to sort things o%t, and ascribed this confidence to "ich#ann@s need for
a%thority +hatever its basis, the confidence was apparent thro%gho%t the trial, and it #ay have
been the reason the :%dg#ent ca%sed "ich#ann s%ch great 9disappoint#ent9; he had #istaken
h%#anity for softness> That they never did co#e to %nderstand hi# #ay be proof of the
9goodness9 of the three #en, of their %ntro%bled and slightly old0fashioned faith in the #oral
fo%ndations of their profession 'or the sad and very %nco#fortable tr%th of the #atter probably
was that it was not his fanaticis# b%t his very conscience that pro#pted "ich#ann to adopt his
%nco#pro#ising attit%de d%ring the last year of the war, as it had pro#pted hi# to #ove in the
opposite direction for a short ti#e three years before "ich#ann knew that 1i##ler@s orders ran
directly co%nter to the 'Mhrer@s order 'or this, he needed to know no fact%al details, tho%gh s%ch
details wo%ld have backed hi# %p8 as the prosec%tion %nderlined in the proceedings before the
*%pre#e (o%rt, when 1itler heard, thro%gh Daltenbr%nner, of negotiations to e.change $ews for
tr%cks, 91i##ler@s position in 1itler@s eyes was co#pletely %nder#ined9 )nd only a few weeks
before 1i##ler stopped the e.ter#ination at )%schwit-, 1itler, obvio%sly %naware of 1i##ler@s
newest #oves, had sent an %lti#at%# to 1orthy, telling hi# he 9e.pected that the #eas%res
against $ews in 2%dapest wo%ld now be taken witho%t any f%rther delay by the 1%ngarian
govern#ent9 +hen 1i##ler@s order to stop the evac%ation of 1%ngarian $ews arrived in
2%dapest, "ich#ann threatened, according to a telegra# fro# =eesen#ayer, 9to seek a new
decision fro# the 'Mhrer,9 and this telegra# the :%dg#ent fo%nd 9#ore da#ning than a h%ndred
166
witnesses co%ld be9
"ich#ann lost his fight against the 9#oderate wing,9 headed by the ReichsfMhrer ** and (hief
of the 4er#an 3olice The first indication of his defeat ca#e in $an%ary, 196B, when
?berst%r#bannfMhrer D%rt 2echer was pro#oted to *tandartenfMhrer, the very rank "ich#ann
had been drea#ing abo%t all d%ring the war <1is story, that no higher rank was open to hi# in his
o%tfit, was a half0tr%th; he co%ld have been #ade chief of 7epart#ent !=02, instead of occ%pying
the desk of !=0206, and wo%ld then have been a%to#atically pro#oted The tr%th probably was
that people like "ich#ann, who had risen fro# the ranks, were never per#itted to advance
beyond a lie%tenant colonelcy e.cept at the front> That sa#e #onth 1%ngary was liberated, and
"ich#ann was called back to 2erlin There, 1i##ler had appointed his ene#y 2echer
Reichssonderko##issar in charge of all concentration ca#ps, and "ich#ann was transferred
fro# the desk concerned with 9$ewish )ffairs9 to the %tterly insignificant one concerned with the
9'ight )gainst the (h%rches,9 of which, #oreover, he knew nothing The rapidity of his decline
d%ring the last #onths of the war is a #ost telling sign of the e.tent to which 1itler was right when
he declared, in his 2erlin b%nker, in )pril, 196B, that the ** were no longer reliable
!n $er%sale#, confronted with doc%#entary proof of his e.traordinary loyalty to 1itler and the
'Mhrer@s order, "ich#ann tried a n%#ber of ti#es to e.plain that d%ring the Third Reich 9the
'Mhrer@s words had the force of law9 <'Mhrerworte haben 4eset-eskraft>, which #eant, a#ong
other things, that if the order ca#e directly fro# 1itler it did not have to be in writing 1e tried to
e.plain that this was why he had never asked for a written order fro# 1itler <no s%ch doc%#ent
relating to the 'inal *ol%tion has ever been fo%nd; probably it never e.isted>, b%t had de#anded
to see a written order fro# 1i##ler To be s%re, this was a fantastic state of affairs, and whole
libraries of very 9learned9 :%ridical co##ent have been written, all de#onstrating that the 'Mhrer@s
words, his oral prono%nce#ents, were the basic law of the land +ithin this 9legal9 fra#ework,
every order contrary in letter or spirit to a word spoken by 1itler was, by definition, %nlawf%l
16H
"ich#ann@s position, therefore, showed a #ost %npleasant rese#blance to that of the often0cited
soldier who, acting in a nor#al legal fra#ework, ref%ses to carry o%t orders that r%n co%nter to his
ordinary e.perience of lawf%lness and hence can be recogni-ed by hi# as cri#inal The
e.tensive literat%re on the s%b:ect %s%ally s%pports its case with the co##on e/%ivocal #eaning
of the word 9law,9 which in this conte.t #eans so#eti#es the law of the land 0 that is, posited,
positive law 0 and so#eti#es the law that s%pposedly speaks in all #en@s hearts with an identical
voice 3ractically speaking, however, orders to be disobeyed #%st be 9#anifestly %nlawf%l9 and
%nlawf%lness #%st 9fly like a black flag above Ethe#F as a warning reading8 G3rohibitedO@ 9 0 as the
:%dg#ent pointed o%t )nd in a cri#inal regi#e this 9black flag9 with its 9warning sign9 flies as
9#anifestly9 above what nor#ally is a lawf%l order 0 for instance, not to kill innocent people :%st
beca%se they happen to be $ews 0 as it flies above a cri#inal order %nder nor#al circ%#stances
To fall back on an %ne/%ivocal voice of conscience 0 or, in the even vag%er lang%age of the
:%rists, on a 9general senti#ent of h%#anity9 <?ppenhei#0Aa%terpacht in !nternational Aaw, 19B2>
0 not only begs the /%estion, it signifies a deliberate ref%sal to take notice of the central #oral,
legal, and political pheno#ena of o%r cent%ry
To be s%re, it was not #erely "ich#ann@s conviction that 1i##ler was now giving 9cri#inal9
orders that deter#ined his actions 2%t the personal ele#ent %ndo%btedly involved was not
fanaticis#, it was his gen%ine, 9bo%ndless and i##oderate ad#iration for 1itler9 <as one of the
defense witnesses called it> 0 for the #an who had #ade it 9fro# lance corporal to (hancellor of
the Reich9 !t wo%ld be idle to try to fig%re o%t which was stronger in hi#, his ad#iration for 1itler
or his deter#ination to re#ain a law0abiding citi-en of the Third Reich when 4er#any was
already in r%ins 2oth #otives ca#e into play once #ore d%ring the last days of the war, when he
was in 2erlin and saw with violent indignation how everybody aro%nd hi# was sensibly eno%gh
getting hi#self fi.ed %p with forged papers before the arrival of the R%ssians or the )#ericans )
few weeks later, "ich#ann, too, began to travel %nder an ass%#ed na#e, b%t by then 1itler was
16J
dead, and the 9law of the land9 was no longer in e.istence, and he, as he pointed o%t, was no
longer bo%nd by his oath 'or the oath taken by the #e#bers of the ** differed fro# the #ilitary
oath sworn by the soldiers in that it bo%nd the# only to 1itler, not to 4er#any
The case of the conscience of )dolf "ich#ann, which is ad#ittedly co#plicated b%t is by no
#eans %ni/%e, is scarcely co#parable to the case of the 4er#an generals, one of who#, when
asked at N%re#berg, 91ow was it possible that all yo% honorable generals co%ld contin%e to
serve a #%rderer with s%ch %n/%estioning loyaltyC,9 replied that it was 9not the task of a soldier to
act as :%dge over his s%pre#e co##ander Aet history do that or 4od in heaven9 <Th%s 4eneral
)lfred $odl, hanged at N%re#berg > "ich#ann, #%ch less intelligent and witho%t any ed%cation to
speak of, at least di#ly reali-ed that it was not an order b%t a law which had t%rned the# all into
cri#inals The distinction between an order and the 'Mhrer@s word was that the latter@s validity
was not li#ited in ti#e and space, which is the o%tstanding characteristic of the for#er This is
also the tr%e reason why the 'Mhrer@s order for the 'inal *ol%tion was followed by a h%ge shower
of reg%lations and directives, all drafted by e.pert lawyers and legal advisers, not by #ere
ad#inistrators; this order, in contrast to ordinary orders, was treated as a law Needless to add,
the res%lting legal paraphernalia, far fro# being a #ere sy#pto# of 4er#an pedantry or
thoro%ghness, served #ost effectively to give the whole b%siness its o%tward appearance of
legality
)nd :%st as the law in civili-ed co%ntries ass%#es that the voice of conscience tells everybody
9Tho% shalt not kill,9 even tho%gh #an@s nat%ral desires and inclinations #ay at ti#es be
#%rdero%s, so the law of 1itler@s land de#anded that the voice of conscience tell everybody8
9Tho% shalt kill,9 altho%gh the organi-ers of the #assacres knew f%ll well that #%rder is against
the nor#al desires and inclinations of #ost people "vil in the Third Reich had lost the /%ality by
which #ost people recogni-e it 0 the /%ality of te#ptation Many 4er#ans and #any Na-is,
probably an overwhel#ing #a:ority of the#, #%st have been te#pted not to #%rder, not to rob,
169
not to let their neighbors go off to their doo# <for that the $ews were transported to their doo#
they knew, of co%rse, even tho%gh #any of the# #ay not have known the gr%eso#e details>, and
not to beco#e acco#plices in all these cri#es by benefiting fro# the# 2%t, 4od knows, they had
learned how to resist te#ptation
!V 8 7eportations fro# the Reich04er#any,
)%stria, and the 3rotectorate
2etween the +annsee (onference in $an%ary, 1962, when "ich#ann felt like 3onti%s 3ilate and
washed his hands in innocence, and 1i##ler@s orders in the s%##er and fall of 1966, when
behind 1itler@s back the 'inal *ol%tion was abandoned as tho%gh the #assacres had been
nothing b%t a regrettable #istake, "ich#ann was tro%bled by no /%estions of conscience 1is
tho%ghts were entirely taken %p with the staggering :ob of organi-ation and ad#inistration in the
#idst not only of a world war b%t, #ore i#portant for hi#, of inn%#erable intrig%es and fights over
spheres of a%thority a#ong the vario%s *tate and 3arty offices that were b%sy 9solving the $ewish
/%estion9 1is chief co#petitors were the 1igher ** and 3olice Aeaders, who were %nder the
direct co##and of 1i##ler, had easy access to hi#, and always o%tranked "ich#ann There
was also the 'oreign ?ffice, which, %nder its new ,ndersecretary of *tate, 7r Martin A%ther, a
protege of Ribbentrop, had beco#e very active in $ewish affairs <A%ther tried to o%st Ribbentrop,
in an elaborate intrig%e in 1963, failed, and was p%t into a concentration ca#p; %nder his
s%ccessor, Aegationsrat "berhard von Thadden, a witness for the defense at the trial in
$er%sale#, beca#e Referent in $ewish affairs> !t occasionally iss%ed deportation orders to be
carried o%t by its representatives abroad, who for reasons of prestige preferred to work thro%gh
the 1igher ** and 3olice Aeaders There were, f%rther#ore, the )r#y co##anders in the
"astern occ%pied territories, who liked to solve proble#s 9on the spot,9 which #eant shooting; the
#ilitary #en in +estern co%ntries were, on the other hand, always rel%ctant to cooperate and to
lend their troops for the ro%nding %p and sei-%re of $ews 'inally, there were the 4a%leiters, the
1B5
regional leaders, each of who# wanted to be the first to declare his territory :%denrein, and who
occasionally started deportation proced%res on their own
"ich#ann had to coordinate all these 9efforts,9 to bring so#e order o%t of what he described as
9co#plete chaos,9 in which 9everyone iss%ed his own orders9 and 9did as he pleased9 )nd
indeed he s%cceeded, tho%gh never co#pletely, in ac/%iring a key position in the whole process,
beca%se his office organi-ed the #eans of transportation )ccording to 7r R%dolf Mildner,
4estapo head in ,pper *ilesia <where )%schwit- was located> and later chief of the *ec%rity
3olice in 7en#ark, who testified for the prosec%tion at N%re#berg, orders for deportations were
given by 1i##ler in writing to Daltenbr%nner, head of the R*1), who notified Miller, head of
the 4estapo, or *ection != of R*1), who in t%rn trans#itted the orders orally to his referent in
!=0206 0 that is, to "ich#ann 1i##ler also iss%ed orders to the local 1igher ** and 3olice
Aeaders and infor#ed Daltenbr%nner accordingly R%estions of what sho%ld be done with the
$ewish deportees, how #any sho%ld be e.ter#inated and how #any spared for hard labor, were
also decided by 1i##ler, and his orders concerning these #atters went to 3ohl@s +=1),
which co##%nicated the# to Richard 4lMcks, inspector of the concentration and e.ter#ination
ca#ps, who in t%rn passed the# along to the co##anders of the ca#ps The prosec%tion
ignored these doc%#ents fro# the N%re#berg Trials, since they contradicted its theory of the
e.traordinary power held by "ich#ann; the defense #entioned Mildner@s affidavits, b%t not to
#%ch p%rpose "ich#ann hi#self, after 9cons%lting 3oliakoff and Reitlinger,9 prod%ced seventeen
#%lti0colored charts, which contrib%ted little to a better %nderstanding of the intricate b%rea%cratic
#achinery of the Third Reich, altho%gh his general description 0 9everything was always in a state
of contin%o%s fl%., a steady strea#9 0 so%nded pla%sible to the st%dent of totalitarianis#, who
knows that the #onolithic /%ality of this for# of govern#ent is a #yth 1e still re#e#bered
vag%ely how his #en, his advisers on $ewish #atters in all occ%pied and se#i0independent
co%ntries, had reported back to hi# 9what action was at all practicable,9 how he had then
1B1
prepared 9reports which were later either approved or re:ected,9 and how MMller then had iss%ed
his directives; 9in practice this co%ld #ean that a proposal that ca#e in fro# 3aris or The 1ag%e
went o%t a fortnight later to 3aris or The 1ag%e in the for# of a directive approved by the
R*1)9 "ich#ann@s position was that of the #ost i#portant conveyor belt in the whole
operation, beca%se it was always %p to hi# and his #en how #any $ews co%ld or sho%ld be
transported fro# any given area, and it was thro%gh his office that the %lti#ate destination of the
ship#ent was cleared, tho%gh that destination was not deter#ined by hi# 2%t the diffic%lty in
synchroni-ing depart%res and arrivals, the endless worry over wrangling eno%gh rolling stock
fro# the railroad a%thorities and the Ministry of Transport, over fi.ing ti#etables and directing
trains to centers with s%fficient 9absorptive capacity,9 over having eno%gh $ews on hand at the
proper ti#e so that no trains wo%ld be 9wasted,9 over enlisting the help of the a%thorities in
occ%pied or allied co%ntries to carry o%t arrests, over following the r%les and directives with
respect to the vario%s categories of $ews, which were laid down separately for each co%ntry and
constantly changing 0 all this beca#e a ro%tine whose details he had forgotten long before he was
bro%ght to $er%sale#
+hat for 1itler, the sole, lonely plotter of the 'inal *ol%tion <never had a conspiracy, if s%ch it
was, needed fewer conspirators and #ore e.ec%tors>, was a#ong the war@s #ain ob:ectives, with
its i#ple#entation given top priority, regardless of econo#ic and #ilitary considerations, and
what for "ich#ann was a :ob, with its daily ro%tine, its %ps and downs, was for the $ews /%ite
literally the end of the world 'or h%ndreds of years, they had been %sed to %nderstanding their
own history, rightly or wrongly, as a long story of s%ffering, #%ch as the prosec%tor described it in
his opening speech at the trial; b%t behind this attit%de there had been, for a long ti#e, the
tri%#phant conviction of 9)# &israel (hai,9 the people of !srael shall live; individ%al $ews, whole
$ewish fa#ilies #ight die in pogro#s, whole co##%nities #ight be wiped o%t, b%t the people
wo%ld s%rvive They had never been confronted with genocide Moreover, the old consolation no
1B2
longer worked anyhow, at least not in +estern "%rope *ince Ro#an anti/%ity, that is, since the
inception of "%ropean history, the $ews had belonged, for better or worse, in #isery or in
splendor, to the "%ropean co#ity of nations; b%t d%ring the past h%ndred and fifty years it had
been chiefly for better, and the occasions of splendor had beco#e so n%#ero%s that in (entral
and +estern "%rope they were felt to be the r%le 1ence, the confidence that the people wo%ld
event%ally s%rvive no longer held great significance for large sections of the $ewish co##%nities;
they co%ld no #ore i#agine $ewish life o%tside the fra#ework of "%ropean civili-ation than they
co%ld have pict%red to the#selves a "%rope that was :%denrein
The end of the world, tho%gh carried thro%gh with re#arkable #onotony, took al#ost as #any
different shapes and appearances as there e.isted co%ntries in "%rope This will co#e as no
s%rprise to the historian fa#iliar with the develop#ent of "%ropean nations and with the rise of the
nation0state syste#, b%t it ca#e as a great s%rprise to the Na-is, who were gen%inely convinced
that anti0*e#itis# co%ld beco#e the co##on deno#inator that wo%ld %nite all "%rope This was
a h%ge and costly error !t /%ickly t%rned o%t that in practice, tho%gh perhaps not in theory, there
e.isted great differences a#ong anti0*e#ites in the vario%s co%ntries +hat was even #ore
annoying, tho%gh it #ight easily have been predicted, was that the 4er#an 9radical9 variety was
f%lly appreciated only by those peoples in the "ast 0 the ,krainians, the "stonians, the Aatvians,
the Aith%anians, and, to so#e e.tent, the R%#anians 0 who# the Na-is had decided to regard as
9s%bh%#an9 barbarian hordes Notably deficient in proper hostility toward the $ews were the
*candinavian nations <Dn%t 1a#s%n and *ven 1edin were e.ceptions>, which, according to the
Na-is, were 4er#any@s blood brethren
The end of the world began, of co%rse, in the 4er#an Reich, which at the ti#e e#braced not only
4er#any b%t )%stria, Moravia and 2ohe#ia, the (-ech 3rotectorate, and the anne.ed 3olish
+estern Regions !n the last of these, the so0called +arthega%, $ews, together with 3oles, had
been deported eastward after the beginning of the war, in the first h%ge resettle#ent pro:ect in the
1B3
"ast 9an organi-ed wandering of nations,9 as the :%dg#ent of the 7istrict (o%rt in $er%sale#
called it 0 while 3oles of 4er#an origin <=olksde%tsche> were shipped westward 9back into the
Reich9 1i##ler, in his capacity as Reich (o##issioner for the *trengthening of 4er#an
'olkdo#, had entr%sted 1eydrich with this 9e#igration and evac%ation,9 and in $an%ary, 1965,
"ich#ann@s first official depart#ent in the R*1), 2%rea% !=0706, was set %p Tho%gh this
position proved ad#inistratively to be the stepping0stone to his later :ob in 2%rea% 1=0206,
"ich#ann@s work here was no #ore than a kind of apprenticeship, the transition between his old
:ob of #aking people e#igrate and his f%t%re task of deporting the# 1is first deportation :obs did
not belong to the 'inal *ol%tion; they occ%rred before the official 1itler order !n view of what
happened later, they can be regarded as test cases, as an e.peri#ent in catastrophe The first
was the deportation of thirteen h%ndred $ews fro# *tettin, which was carried o%t in a single night,
on 'ebr%ary 13, 1965 This was the first deportation of 4er#an $ews, and 1eydrich had ordered
it %nder the prete.t that 9their apart#ents were %rgently re/%ired for reasons connected with the
war econo#y9 They were taken, %nder %n%s%ally atrocio%s conditions, to the A%blin area of
3oland The second deportation took place in the fall of the sa#e year8 all the $ews in 2aden and
the *aarpfal- 0 abo%t seventy0five h%ndred #en, wo#en, and children 0 were shipped, as !
#entioned earlier, to ,nocc%pied 'rance, which was at that #o#ent /%ite a trick, since nothing in
the 'ranco04er#an )r#istice agree#ent stip%lated that =ichy 'rance co%ld beco#e a d%#ping
gro%nd for $ews "ich#ann had to acco#pany the train hi#self in order to convince the 'rench
station#aster at the border that this was a 4er#an 9#ilitary transport9
These two operations entirely lacked the later elaborate 9legal9 preparations No laws had yet
been passed depriving $ews of their nationality the #o#ent they were deported fro# the Reich,
and instead of the #any for#s $ews event%ally had to fill o%t in arranging for the confiscation of
their property, the *tettin $ews si#ply signed a general waiver, covering everything they owned
(learly, it was not the ad#inistrative apparat%s that these first operations were s%pposed to test
1B6
The ob:ective see#s to have been a test of general political conditions 0 whether $ews co%ld be
#ade to walk to their doo# on their own feet, carrying their own little valises, in the #iddle of the
night, witho%t any previo%s notification; what the reaction of their neighbors wo%ld be when they
discovered the e#pty apart#ents in the #orning; and, last b%t not least, in the case of the $ews
fro# 2aden, how a foreign govern#ent wo%ld react to being s%ddenly presented with tho%sands
of $ewish 9ref%gees9 )s far as the Na-is co%ld see, everything t%rned o%t very satisfactorily !n
4er#any, there were a n%#ber of interventions for 9special cases9 0 for the poet )lfred Mo#bert,
for instance, a #e#ber of the *tefan 4eorge circle, who was per#itted to depart to *wit-erland 0
b%t the pop%lation at large obvio%sly co%ld not have cared less <!t was probably at this #o#ent
that 1eydrich reali-ed how i#portant it wo%ld be to separate $ews with connections fro# the
anony#o%s #asses, and decided, with 1itler@s agree#ent, to establish Theresienstadt and
2ergen02elsen> !n 'rance, so#ething even better happened8 the =ichy govern#ent p%t all
seventy0five h%ndred $ews fro# 2aden in the notorio%s concentration ca#p at 4%rs, at the foot of
the 3yrenees, which had originally been b%ilt for the *panish Rep%blican )r#y and had been
%sed since May of 1965 for the so0called 9rW Ws provenant d@)lle#agne,9 the large #a:ority of
who# were, of co%rse, $ewish <+hen the 'inal *ol%tion was p%t into effect in 'rance, the
in#ates of the 4%rs ca#p were all shipped to )%schwit-> The Na-is, always eager to generali-e,
tho%ght they had de#onstrated that $ews were 9%ndesirables9 everywhere and that every non0
$ew was an act%al or potential anti0*e#ite +hy, then, sho%ld anybody be bothered if they
tackled this proble# 9radically9C *till %nder the spell of these generali-ations, "ich#ann
co#plained over and over in $er%sale# that no co%ntry had been ready to accept $ews, that this,
and only this, had ca%sed the great catastrophe <)s tho%gh those tightly organi-ed "%ropean
nation0states wo%ld have reacted any differently if any other gro%p of foreigners had s%ddenly
descended %pon the# in hordes 0 penniless, passportless, %nable to speak the lang%age of the
co%ntryO> 1owever, to the never0ending s%rprise of the Na-i officials, even the convinced anti0
1BB
*e#ites in foreign lands were not willing to be 9consistent,9 and showed a deplorable tendency to
shy away fro# 9radical9 #eas%res 'ew of the# p%t it as bl%ntly as a #e#ber of the *panish
"#bassy in 2erlin 0 9!f only one co%ld be s%re they wo%ldn@t be li/%idated,9 he said of so#e si.
h%ndred $ews of *panish descent who had been given *panish passports, tho%gh they had
never been in *pain, and who# the 'ranco 4overn#ent wished very #%ch to transfer to 4er#an
:%risdiction 0 b%t #ost of the# tho%ght precisely along these lines
)fter these first e.peri#ents, there followed a l%ll in deportations, and we have seen how
"ich#ann %sed his enforced inactivity to play aro%nd with Madagascar 2%t in March, 1961,
d%ring the preparation for the war against R%ssia, "ich#ann was s%ddenly p%t in charge of a new
s%bsection, or rather, the na#e of his s%bsection was changed fro# "#igration and "vac%ation
to $ewish )ffairs, "vac%ation 'ro# then on, tho%gh he was not yet infor#ed of the 'inal *ol%tion,
he sho%ld have been aware not only that e#igration had definitely co#e to an end, b%t that
deportation was to take its place 2%t "ich#ann was not a #an to take hints, and since no one
had yet told hi# differently, he contin%ed to think in ter#s of e#igration Th%s at a #eeting with
representatives of the 'oreign ?ffice in ?ctober, 1965, d%ring which it had been proposed that
the citi-enship of all 4er#an $ews abroad be canceled, "ich#ann protested vigoro%sly that 9s%ch
a step #ight infl%ence other co%ntries which to date were still ready to open their gates to $ewish
i##igrants and to grant entry per#its9 1e always tho%ght within the narrow li#its of whatever
laws and decrees were valid at a given #o#ent, and the shower of new anti0$ewish legislation
descended %pon the Reich@s $ews only after 1itler@s order for the 'inal *ol%tion had been officially
handed down to those who were to i#ple#ent it )t the sa#e ti#e, it had been decided that the
Reich was to be given top priority, its territories #ade :%denrein with all speed; it is s%rprising that
it still took al#ost two years to do the :ob The preparatory reg%lations, which were soon to serve
as #odels for all other co%ntries, consisted, first, of the introd%ction of the yellow badge
<*epte#ber 1, 1961>; second, of a change in the nationality law, providing that a $ew co%ld not be
1B6
considered a 4er#an national if he lived o%tside the borders of the Reich <whence, of co%rse, he
was to be deported>; third, of a decree that all property of 4er#an $ews who had lost their
nationality was to be confiscated by the Reich <Nove#ber 2B, 1961> The preparations c%l#inated
in an agree#ent between ?tto Thierack, the Minister of $%stice, and 1i##ler whereby the for#er
relin/%ished :%risdiction over 93oles, R%ssians, $ews, and 4ypsies9 in favor of the **, since 9the
Ministry of $%stice can #ake only a s#all contrib%tion to the e.ter#ination EsicF of these peoples9
<This open lang%age, in a letter dated ?ctober, 1962, fro# the Minister of $%stice to Martin
2or#ann, head of the 3arty (hancellery, is noteworthy> *lightly different directives had to be
iss%ed to cover those who were deported to Theresienstadt beca%se, Theresienstadt being on
Reich territory, the $ews deported there did not a%to#atically beco#e stateless !n the case of
these 9privileged categories,9 an old law of 1933 per#itted the govern#ent to confiscate property
that had been %sed for activities 9hostile to the nation and the *tate9 This kind of confiscation had
been c%sto#ary in the case of political prisoners in the concentration ca#ps, and tho%gh $ews
did not belong in this category 0 all concentration ca#ps in 4er#any and )%stria had beco#e
:%denrein by the fall of 1962 0 it took only one #ore reg%lation, iss%ed in March, 1962, to establish
that all deported $ews were 9hostile to the nation and the *tate9 The Na-is took their own
legislation /%ite serio%sly, and tho%gh they talked a#ong the#selves of 9the Theresienstadt
ghetto9 or 9the ghetto for old people,9 Theresienstadt was officially classified as a concentration
ca#p, and the only people who did not know this 0 one did not want to h%rt their feelings, since
this 9place of residence9 was reserved for 9special cases9 0 were the in#ates )nd to #ake s%re
that the $ews sent there wo%ld not beco#e s%spicio%s, the $ewish )ssociation in 2erlin <the
Reichsvereinig%ng> was directed to draw %p an agree#ent with each deportee for 9the ac/%isition
of residence9 in Theresienstadt The candidate transferred all his property to the $ewish
)ssociation, in consideration whereof the )ssociation g%aranteed hi# ho%sing, food, clothing,
and #edical care for life +hen, finally, the last officials of the Reichsvereinig%ng were
1BH
the#selves sent to Theresienstadt, the Reich si#ply confiscated the considerable a#o%nt of
#oney then in the )ssociation@s treas%ry
)ll deportations fro# +est to "ast were organi-ed and co0ordinated by "ich#ann and his
associates in *ection !=0206 of the R*1) 0 a fact that was never disp%ted d%ring the trial 2%t
to p%t the $ews on the trains he needed the help of ordinary police %nits; in 4er#any the ?rder
3olice g%arded the trains and posted escorts, and in the "ast the *ec%rity 3olice <not to be
conf%sed with 1i##ler@s *ec%rity *ervice, or *7> stood ready at the places of destination to
receive the trains and hand their in#ates over to the a%thorities in the killing centers The
$er%sale# co%rt followed the definitions of 9cri#inal organi-ations9 established at N%re#berg; this
#eant that neither the ?rder 3olice nor the *ec%rity 3olice were ever #entioned, altho%gh their
active involve#ent in the i#ple#entation of the 'inal *ol%tion had by this ti#e been a#ply
s%bstantiated 2%t even if all the police %nits had been added to the fo%r organi-ations recogni-ed
as 9cri#inal9 0 the leadership corps of the Na-i 3arty, the 4estapo, the *7, and the ** 0 the
N%re#berg distinctions wo%ld have re#ained inade/%ate and inapplicable to the reality of the
Third Reich 'or the tr%th of the #atter is that there e.isted not a single organi-ation or p%blic
instit%tion in 4er#any, at least d%ring the war years, that did not beco#e involved in cri#inal
actions and transactions
)fter the tro%bleso#e iss%e of personal interventions had been resolved thro%gh the
establish#ent of Theresienstadt, two things still stood in the way of a 9radical9 and 9final9 sol%tion
?ne was the proble# of half0$ews, who# the 9radicals9 wanted to deport along with the f%ll $ews
and who# the 9#oderates9 wished to sterili-e 0 beca%se if yo% per#itted the half0$ews to be
killed, it #eant that yo% abandoned 9that half of their blood which is 4er#an,9 as *t%ckart of the
Ministry of the !nterior phrased it at the +annsee (onference <)ct%ally, nothing was ever done
abo%t the Mischlinge, or abo%t $ews who had #ade #i.ed #arriages; 9a forest of diffic%lties,9 in
"ich#ann@s words, s%rro%nded and protected the# 0 their non0$ewish relatives, for one, and, for
1BJ
another, the disappointing fact that the Na-i physicians, despite all their pro#ises, never
discovered a /%ick #eans of #ass sterili-ation> The second proble# was the presence in
4er#any of a few tho%sand foreign $ews, who# 4er#any co%ld not deprive of their nationality
thro%gh deportation ) few h%ndred )#erican and "nglish $ews were interned and held for
e.change p%rposes, b%t the #ethods devised for dealing with nationals of ne%tral co%ntries or
those allied with 4er#any are interesting eno%gh to be recorded, especially since they played a
certain role in the trial !t was in reference to these people that "ich#ann was acc%sed of having
shown inordinate -eal lest a single $ew escape hi# This -eal he shared, as Reitlinger says, with
the 9professional b%rea%crats of the 'oreign ?ffice, Eto who#F the flight of a few $ews fro# tort%re
and slow death was a #atter of the gravest concern,9 and who# he had to cons%lt on all s%ch
cases )s far as "ich#ann was concerned, the si#plest and #ost logical sol%tion was to deport
all $ews regardless of their nationality )ccording to the directives of the +annsee (onference,
which was held in the heyday of 1itler@s victories, the 'inal *ol%tion was to be applied to all
"%ropean $ews, whose n%#ber was esti#ated at eleven #illion, and s%ch things as nationality or
the rights of allied or ne%tral co%ntries with respect to their citi-ens were not even #entioned 2%t
since 4er#any, even in the brightest days of the war, depended %pon local good will and
cooperation everywhere, these little for#alities co%ld not be snee-ed at !t was the task of the
e.perienced diplo#ats of the 'oreign *ervice to find ways o%t of this partic%lar 9forest of
diffic%lties,9 and the #ost ingenio%s of these consisted in the %se of foreign $ews in 4er#an
territory to test the general at#osphere in their ho#e co%ntries The #ethod by which this was
done, tho%gh si#ple, was so#ewhat s%btle, and was certainly /%ite beyond "ich#ann@s #ental
grasp and political apprehension <This was borne o%t by the doc%#entary evidence; letters that
his depart#ent addressed to the 'oreign ?ffice in these #atters were signed by Daltenbr%nner or
MMller> The 'oreign ?ffice wrote to the a%thorities in other co%ntries, saying that the 4er#an
Reich was in the process of beco#ing :%denrein and that it was therefore i#perative that foreign
1B9
$ews be called ho#e if they were not to be incl%ded in the anti0$ewish #eas%res There was
#ore in this %lti#at%# than #eets the eye These foreign $ews, as a r%le, either were nat%rali-ed
citi-ens of their respective co%ntries, or, worse, were in fact stateless b%t had obtained passports
by so#e highly d%bio%s #ethod that worked well eno%gh as long as their bearers stayed abroad
This was especially tr%e of Aatin )#erican co%ntries, whose cons%ls abroad sold passports to
$ews /%ite openly; the fort%nate holders of s%ch passports had every right, incl%ding so#e
cons%lar protection, e.cept the right ever to enter their 9ho#eland9 1ence, the %lti#at%# of the
'oreign ?ffice was ai#ed at getting foreign govern#ents to agree to the application of the 'inal
*ol%tion at least to those $ews who were only no#inally their nationals +as it not logical to
believe that a govern#ent that had shown itself %nwilling to offer asyl%# to a few h%ndred or a
few tho%sand $ews, who in any case were in no position to establish per#anent residence there,
wo%ld be %nlikely to raise #any ob:ections on the day when its whole $ewish pop%lation was to
be e.pelled and e.ter#inatedC 3erhaps it was logical, b%t it was not reasonable, as we shall see
shortly
?n $%ne 35, 1963, considerably later than 1itler had hoped, the Reich 0 4er#any, )%stria, and
the 3rotektorat 0 was declared :%denrein There are no definite fig%res as to how #any $ews were
act%ally deported fro# this area, b%t we know that of the two h%ndred and si.ty0five tho%sand
people who, according to 4er#an statistics, were either deported or were eligible for deportation
by $an%ary, 1962, very few escaped; perhaps a few h%ndred, at the #ost a few tho%sand,
s%cceeded in hiding and s%rviving the war 1ow easy it was to set the conscience of the $ews@
neighbors at rest is best ill%strated by the official e.planation of the deportations given in a
circ%lar iss%ed by the 3arty (hancellery in the fall of 19628 9!t is the nat%re of things that these, in
so#e respects, very diffic%lt proble#s can be solved in the interests of the per#anent sec%rity of
o%r people only with r%thless to%ghness9 0 rMcksichtsloser 1Lrte <#y italics>
V 8 7eportations fro# +estern "%rope0'rance,
165
2elgi%#, 1olland, 7en#ark, !taly
9R%thless to%ghness,9 a /%ality held in the highest estee# by the r%lers of the Third Reich, is
fre/%ently characteri-ed in postwar 4er#any, which has developed a veritable geni%s@ for
%nderstate#ent with respect to her Na-i past, as being %ng%t 0 lacking goodness 0 as tho%gh
nothing had been wrong with those endowed with this /%ality b%t a deplorable fail%re to act
according to the e.acting standards of (hristian charity !n any case, #en sent by "ich#ann@s
office to other co%ntries as 9advisers on $ewish affairs9 0 to be attached to the reg%lar diplo#atic
#issions, or to the #ilitary staff, or to the local co##and of the *ec%rity 3olice 0 were all chosen
beca%se they possessed this virt%e to the highest degree !n the beginning, d%ring the fall and
winter of 1961062, their #ain :ob see#s to have been to establish satisfactory relations with the
other 4er#an officials in the co%ntries concerned, especially with the 4er#an e#bassies in
no#inally independent co%ntries and with the Reich co##issioners in occ%pied territories; in
either case, there was perpet%al conflict over :%risdiction in $ewish #atters
!n $%ne, 1962, "ich#ann recalled his advisers in 'rance, 2elgi%#, and 1olland in order to lay
plans for deportations fro# these co%ntries 1i##ler had ordered that 'R)N(" be given top
priority in 9co#bing "%rope fro# +est to "ast,9 partly beca%se of the inherent i#portance of the
nation par e.cellence, and partly beca%se the =ichy govern#ent had shown a tr%ly a#a-ing
9%nderstanding9 of the $ewish proble# and had introd%ced, on its own initiative, a great deal of
anti0$ewish legislation; it had even established a special 7epart#ent for $ewish )ffairs, headed
first by Vavier =aliant and so#ewhat later by 7ar/%ier de 3ellepoi., both well0known anti0
*e#ites )s a concession to the 'rench brand of anti0*e#itis#, which was inti#ately connected
with a strong, generally cha%vinistic .enophobia in all strata of the pop%lation, the operation was
to start with foreign $ews, and since in 1962 #ore than half of 'rance@s foreign $ews were
stateless 0 ref%gees and I#igrIs fro# R%ssia, 4er#any, )%stria, 3oland, R%#ania, 1%ngary 0
that is, fro# areas that either were %nder 4er#an do#ination or had passed anti0$ewish
161
legislation before the o%tbreak of war 0 it was decided to begin by deporting an esti#ated h%ndred
tho%sand stateless $ews <The total $ewish pop%lation of the co%ntry was now well over three
h%ndred tho%sand; in 1939, before the infl%. of ref%gees fro# 2elgi%# and 1olland in the spring
of 1965, there had been abo%t two h%ndred and seventy tho%sand $ews, of who# at least a
h%ndred and seventy tho%sand were foreign or foreign0born> 'ifty tho%sand each were to be
evac%ated fro# the ?cc%pied Kone and fro# =ichy 'rance with all speed This was a
considerable %ndertaking, which needed not only the agree#ent of the =ichy govern#ent b%t the
active help of the 'rench police, who were to do the work done in 4er#any by the ?rder 3olice
)t first, there were no diffic%lties whatever, since, as 3ierre Aaval, 3re#ier %nder Marshal 3Itain,
pointed o%t, 9these foreign $ews had always been a proble# in 'rance,9 so that the 9'rench
govern#ent was glad that a change in the 4er#an attit%de toward the# gave 'rance an
opport%nity to get rid of the#9 !t #%st be added that Aaval and 3Itain tho%ght in ter#s of these
$ews@ being resettled in the "ast; they did not yet know what 9resettle#ent9 #eant
Two incidents, in partic%lar, attracted the attention of the $er%sale# co%rt, both of which occ%rred
in the s%##er of 1962, a few weeks after the operation had started The first concerned a train
d%e to leave 2ordea%. on $%ly 1B, which had to be canceled beca%se only a h%ndred and fifty
stateless $ews co%ld be fo%nd in 2ordea%. 0 not eno%gh to fill the train, which "ich#ann had
obtained with great diffic%lty +hether or not "ich#ann recogni-ed this as the first indication that
things #ight not be /%ite as easy as everybody felt entitled to believe, he beca#e very e.cited,
telling his s%bordinates that this was 9a #atter of prestige9 0 not in the eyes of the 'rench b%t in
those of the Ministry of Transport, which #ight get wrong ideas abo%t the efficiency of his
apparat%s 0 and that he wo%ld 9have to consider whether 'rance sho%ld not be dropped
altogether as far as evac%ation was concerned9 if s%ch an incident was repeated !n $er%sale#,
this threat was taken very serio%sly, as proof of "ich#ann@s power; if he wished, he co%ld 9drop
'rance9 )ct%ally, it was one of "ich#ann@s ridic%lo%s boasts, proof of his 9driving power9 b%t
162
hardly 9evidence of his stat%s in the eyes of his s%bordinates,9 e.cept insofar as he had
plainly threatened the# with losing their very co-y war :obs 2%t if the 2ordea%. incident was a
farce, the second was the basis for one of the #ost horrible of the #any hair0raising stories told at
$er%sale# This was the story of fo%r tho%sand children, separated fro# their parents who were
already on their way to )%schwit- The children had been left behind at the 'rench collection
point, the concentration ca#p at 7rancy, and on $%ly 15 "ich#ann@s 'rench representative,
1a%ptst%r#fMhrer Theodor 7annecker, phoned hi# to ask what was to be done with the#
"ich#ann took ten days to decide; then he called 7annecker back to tell hi# that 9as soon as
transports co%ld again be dispatched to the 4eneral 4overn#ent area Eof 3olandF, transports of
children co%ld roll9 7r *ervati%s pointed o%t that the whole incident act%ally de#onstrated that
the 9persons affected were deter#ined neither by the acc%sed nor by any #e#bers of his office9
2%t what, %nfort%nately, no one #entioned was that 7annecker had infor#ed "ich#ann that
Aaval hi#self had proposed that children %nder si.teen be incl%ded in the deportations; this
#eant that the whole gr%eso#e episode was not even the res%lt of 9s%perior orders9 b%t the
o%tco#e of an agree#ent between 'rance and 4er#any, negotiated at the highest level
7%ring the s%##er and fall of 1962, twenty0seven tho%sand stateless $ews0eighteen tho%sand
fro# 3aris and nine tho%sand fro# =ichy 'rance 0 were deported to )%schwit- Then, when there
were abo%t seventy tho%sand stateless $ews left in all of 'rance, the 4er#ans #ade their first
#istake (onfident that the 'rench had by now beco#e so acc%sto#ed to deporting $ews that
they wo%ldn@t #ind, they asked for per#ission to incl%de 'rench $ews also 0 si#ply to facilitate
ad#inistrative #atters This ca%sed a co#plete t%rnabo%t; the 'rench were ada#ant in their
ref%sal to hand over their own $ews to the 4er#ans )nd 1i##ler, %pon being infor#ed of the
sit%ation 0 not by "ich#ann or his #en, incidentally, b%t by one of the 1igher ** and 3olice
Aeaders 0 i##ediately gave in and pro#ised to spare 'rench $ews 2%t now it was too late The
first r%#ors abo%t 9resettle#ent9 had reached 'rance, and while 'rench anti0*e#ites, and nonanti0
163
*e#ites too, wo%ld have liked to see foreign $ews settle so#ewhere else, not even the anti0
*e#ites wished to beco#e acco#plices in #ass #%rder 1ence, the 'rench now ref%sed to take
a step they had eagerly conte#plated only a short ti#e before, that is, to revoke nat%rali-ations
granted to $ews after 192H <or after 1933>, which wo%ld have #ade abo%t fifty tho%sand #ore
$ews eligible for deportation They also started #aking s%ch endless diffic%lties with regard to the
deportation of stateless and other foreign $ews that all the a#bitio%s plans for the evac%ation of
$ews fro# 'rance did indeed have to be 9dropped9 Tens of tho%sands of stateless persons went
into hiding, while tho%sands #ore fled to the !talian0occ%pied 'rench -one, the (Xte d@)-%r,
where $ews were safe, whatever their origin or nationality !n the s%##er of 1963, when
4er#any was declared :%denrein and the )llies had :%st landed in *icily, no #ore than fifty0two
tho%sand $ews, certainly less than twenty per cent of the total, had been deported, and of these
no #ore than si. tho%sand possessed 'rench nationality Not even $ewish prisoners of war in the
4er#an intern#ent ca#ps for the 'rench )r#y were singled o%t for 9special treat#ent9 !n )pril,
1966, two #onths before the )llies landed in 'rance, there were still two h%ndred and fifty
tho%sand $ews in the co%ntry, and they all s%rvived the war The Na-is, it t%rned o%t, possessed
neither the #anpower nor the will power to re#ain 9to%gh9 when they #et deter#ined opposition
The tr%th of the #atter was, as we shall see, that even the #e#bers of the 4estapo and the **
co#bined r%thlessness with softness
)t the $%ne, 1962, #eeting in 2erlin, the fig%res set for i##ediate deportations fro# 2elgi%# and
the Netherlands had been rather low, probably beca%se of the high fig%re set for 'rance No #ore
than ten tho%sand $ews fro# 2elgi%# and fifteen tho%sand fro# 1olland were to be sei-ed and
deported in the i##ediate f%t%re !n both cases the fig%res were later significantly enlarged,
probably beca%se of the diffic%lties enco%ntered in the 'rench operation The sit%ation of
2"A4!,M was pec%liar in so#e respects The co%ntry was r%led e.cl%sively by 4er#an #ilitary
a%thorities, and the police, as a 2elgian govern#ent report s%b#itted to the co%rt pointed o%t,
166
9did not have the sa#e infl%ence %pon the other 4er#an ad#inistration services that they
en:oyed in other places9 <2elgi%#@s governor, 4eneral )le.ander von 'alkenha%sen, was later
i#plicated in the $%ly, 1966, conspiracy against 1itler> Native collaborators were of i#portance
only in 'landers; the 'ascist #ove#ent a#ong the 'rench0speaking +alloons, headed by
7egrelle, had little infl%ence The 2elgian police did not cooperate with the 4er#ans, and the
2elgian railway #en co%ld not even be tr%sted to leave deportation trains alone They contrived to
leave doors %nlocked or to arrange a#b%shes, so that $ews co%ld escape Most pec%liar was the
co#position of the $ewish pop%lation 2efore the o%tbreak of war, there were ninety tho%sand
$ews, of who# abo%t thirty tho%sand were 4er#an $ewish ref%gees, while another fifty tho%sand
ca#e fro# other "%ropean co%ntries 2y the end of 1965, nearly forty tho%sand $ews had fled the
co%ntry, and a#ong the fifty tho%sand who re#ained there were at the #ost five tho%sand nativeborn
2elgian citi-ens Moreover a#ong those who had fled were all the #ore i#portant $ewish
leaders, #ost of who# had been foreigners anyway, so that the $ewish (o%ncil did not co##and
any a%thority a#ong native $ews +ith this 9lack of %nderstanding9 on all sides, it is not s%rprising
that very few 2elgian $ews were deported 2%t recently nat%rali-ed and stateless $ews 0 of
(-ech, 3olish, R%ssian, and 4er#an origin, #any of who# had only recently arrived 0 were
easily recogni-able and #ost diffic%lt to hide in the s#all, co#pletely ind%striali-ed co%ntry 2y
the end of 1962, fifteen tho%sand had been shipped to )%schwit-, and by the fall of 1966, when
the )llies liberated the co%ntry, a total of twenty0five tho%sand had been killed "ich#ann had his
%s%al 9adviser9 in 2elgi%#, b%t the adviser see#s not to have been very active in these
operations They were carried o%t, finally, by the #ilitary ad#inistration, %nder increased press%re
fro# the 'oreign ?ffice
)s in practically all other co%ntries, the deportations fro# 1?AA)N7 started with stateless $ews,
who in this instance consisted al#ost entirely of ref%gees fro# 4er#any, who# the prewar 7%tch
govern#ent had officially declared to be 9%ndesirable9 There were abo%t thirty0five tho%sand
16B
foreign $ews altogether in a total $ewish pop%lation of a h%ndred and forty tho%sand ,nlike
2elgi%#, 1olland was placed %nder a civil ad#inistration, and, %nlike 'rance, the co%ntry had no
govern#ent of its own, since the cabinet, together with the royal fa#ily, had fled to Aondon The
s#all nation was %tterly at the #ercy of the 4er#ans and of the ** "ich#ann@s 9adviser9 in
1olland was a certain +illi KNpf <recently arrested in 4er#any, while the #%ch #ore efficient
adviser in 'rance, Mr 7annecker, is still at large> b%t he apparently had very little to say and
co%ld hardly do #ore than keep the 2erlin office posted 7eportations and everything connected
with the# were handled by the lawyer "rich Ra:akowitsch, "ich#ann@s for#er legal adviser in
=ienna and 3rag%e, who was ad#itted to the ** %pon "ich#ann@s reco##endation 1e had
been sent to 1olland by 1eydrich in )pril, 1961, and was directly responsible not to the R*1)
in 2erlin b%t to the local head of the *ec%rity *ervice in The 1ag%e, 7r +ilhel# 1arsten, who in
t%rn was %nder the co##and of the 1igher ** and 3olice Aeader ?bergr%ppenfMhrer 1ans
Ra%ter and his assistant in $ewish affairs, 'erdinand a%s der 'Mnten <Ra%ter and 'Mnten were
conde#ned to death by a 7%tch co%rt; Ra%ter was e.ec%ted and 'Mnten@s sentence, allegedly
after special intervention fro# )dena%er, was co##%ted to life i#prison#ent 1arsten, too, was
bro%ght to trial in 1olland, sentenced to twelve years@ i#prison#ent, and released in 19BH,
where%pon he entered the civil service of the 2avarian state govern#ent The 7%tch a%thorities
are considering proceedings against Ra:akowitsch, who see#s to live in either *wit-erland or
!taly )ll these details have beco#e known in the last year thro%gh the p%blication of 7%tch
doc%#ents and the report by " $acob, 7%tch correspondent for the 2asler National-eit%ng, a
*wiss newspaper> The prosec%tion in $er%sale#, partly beca%se it wanted to b%ild %p "ich#ann
at all costs and partly beca%se it got gen%inely lost in the intricacies of 4er#an b%rea%cracy,
clai#ed that all these officers had carried o%t "ich#ann@s orders 2%t the 1igher ** and 3olice
Aeaders took orders only directly fro# 1i##ler, and that Ra:akowitsch was still taking orders fro#
"ich#ann at this ti#e is highly %nlikely, especially in view of what was then going to happen in
166
1olland The :%dg#ent, witho%t engaging in pole#ics, /%ietly corrected a great n%#ber of errors
#ade by the prosec%tion 0 tho%gh probably not all 0 and showed the constant :ockeying for
position that went on between the R*1) and the 1igher ** and 3olice Aeaders and other
offices 0 the 9tenacio%s, eternal, everlasting negotiations,9 as "ich#ann called the#
"ich#ann had been especially %pset by the arrange#ents in 1olland, beca%se it was clearly
1i##ler hi#self who was c%tting hi# down to si-e, /%ite apart fro# the fact that the -eal of the
gentle#en in residence created great diffic%lties for hi# in the ti#ing of his own transports and
generally #ade a #ockery of the i#portance of the 9coordinating center9 in 2erlin Th%s, right at
the beginning, twenty tho%sand instead of fifteen tho%sand $ews were deported, and "ich#ann@s
Mr KNpf, who was far inferior in rank as well as in position to all others present, was al#ost
forced to speed %p deportations in 1963 (onflicts of :%risdiction in these #atters were to plag%e
"ich#ann at all ti#es, and it was in vain that he e.plained to anybody who wo%ld listen that 9it
wo%ld be contradictory to the order of the ReichsfMhrer ** Eie, 1i##lerF and illogical if at this
stage other a%thorities again were to handle the $ewish proble#9 The last clash in 1olland ca#e
in 1966, and this ti#e even Daltenbr%nner tried to intervene, for the sake of %nifor#ity !n 1olland,
*ephardic $ews, of *panish origin, had been e.e#pted, altho%gh $ews of that origin had been
sent to )%schwit- fro# *alonika The :%dg#ent was in error when it vent%red that the R*1)
9had the %pper hand in this disp%te9 0 for 4od knows what reasons, so#e three h%ndred and
seventy *ephardic $ews re#ained %n#olested in )#sterda#
The reason 1i##ler preferred to work in 1olland thro%gh his 1igher ** and 3olice Aeaders was
si#ple These #en knew their way aro%nd the co%ntry, and the proble# posed by the 7%tch
pop%lation was by no #eans an easy one 1olland had been the only co%ntry in all "%rope where
st%dents went on strike when $ewish professors were dis#issed and where a wave of strikes
broke o%t in response to the first deportation of $ews to 4er#an concentration ca#ps 0 and that
deportation, in contrast to those to e.ter#ination ca#ps, was #erely a p%nitive #eas%re, taken
16H
long before the 'inal *ol%tion had reached 1olland <The 4er#ans, as de $ong points o%t, were
ta%ght a lesson 'ro# now on, 9the persec%tion was carried o%t not with the c%dgels of the Na-i
stor# troops , b%t by decrees p%blished in =erordeningenblad , which the $oodsche
+eekblad was forced to carry9 3olice raids in the streets no longer occ%rred and there were no
strikes on the part of the pop%lation> 1owever, the widespread hostility in 1olland toward anti$ewish
#eas%res and the relative i##%nity of the 7%tch people to anti0*e#itis# were held in
check by two factors, which event%ally proved fatal to the $ews 'irst, there e.isted a very strong
Na-i #ove#ent in 1olland, which co%ld be tr%sted to carry o%t s%ch police #eas%res as sei-ing
$ews, ferreting o%t their hiding places, and so on; second, there e.isted an inordinately strong
tendency a#ong the native $ews to draw a line between the#selves and the new arrivals, which
was probably the res%lt of the very %nfriendly attit%de of the 7%tch govern#ent toward ref%gees
fro# 4er#any, and probably also beca%se anti0*e#itis# in 1olland, :%st as in 'rance, foc%sed
on foreign $ews This #ade it relatively easy for the Na-is to for# their $ewish (o%ncil, the
$oodsche Raad, which re#ained for a long ti#e %nder the i#pression that only 4er#an and other
foreign $ews wo%ld be victi#s of the deportations, and it also enabled the ** to enlist, in
addition to 7%tch police %nits, the help of a $ewish police force The res%lt was a catastrophe
%nparalleled in any +estern co%ntry; it can be co#pared only with the e.tinction, %nder vastly
different and, fro# the beginning, co#pletely desperate conditions, of 3olish $ewry )ltho%gh, in
contrast with 3oland, the attit%de of the 7%tch people per#itted a large n%#ber of $ews to go into
hiding0twenty to twenty0five tho%sand, a very high fig%re for s%ch a s#all co%ntry 0 yet an
%n%s%ally large n%#ber of $ews living %ndergro%nd, at least half of the#, were event%ally fo%nd,
no do%bt thro%gh the efforts of professional and occasional infor#ers 2y $%ly, 1966, a h%ndred
and thirteen tho%sand $ews had been deported, #ost of the# to *obibor, a ca#p in the A%blin
area of 3oland, by the river 2%g, where no selections of able0bodied workers ever took place
Three0fo%rths of all $ews living in 1olland were killed, abo%t two0thirds of these native0born 7%tch
16J
$ews The last ship#ents left in the fall of 1966, when )llied patrols were at the 7%tch borders ?f
the ten tho%sand $ews who s%rvived in hiding, abo%t seventy0five per cent were foreigners 0 a
percentage that testifies to the %nwillingness of 7%tch $ews to face reality
)t the +annsee (onference, Martin A%ther, of the 'oreign ?ffice, warned of great diffic%lties in
the *candinavian co%ntries, notably in Norway and 7en#ark <*weden was never occ%pied, and
'inland, tho%gh in the war on the side of the ).is, was the one co%ntry the Na-is hardly ever
even approached on the $ewish /%estion This s%rprising e.ception of 'inland, with so#e two
tho%sand $ews, #ay have been d%e to 1itler@s great estee# for the 'inns, who# perhaps he did
not want to s%b:ect to threats and h%#iliating black#ail> A%ther proposed postponing evac%ations
fro# *candinavia for the ti#e being, and as far as 7en#ark was concerned, this really went
witho%t saying, since the co%ntry retained its independent govern#ent, and was respected as a
ne%tral state, %ntil the fall of 1963, altho%gh it, along with Norway, had been invaded by the
4er#an )r#y in )pril, 1965 There e.isted no 'ascist or Na-i #ove#ent in 7en#ark worth
#entioning, and therefore no collaborators !n N?R+)&, however, the 4er#ans had been able
to find enth%siastic s%pporters; indeed, =idk%n R%isling, leader of the pro0Na-i and anti0*e#itic
Norwegian party, gave his na#e to what later beca#e known as a 9/%isling govern#ent9 The
b%lk of Norway@s seventeen h%ndred $ews were stateless, ref%gees fro# 4er#any; they were
sei-ed and interned in a few lightning operations in ?ctober and Nove#ber, 1962 +hen
"ich#ann@s office ordered their deportation to )%schwit-, so#e of R%isling@s own #en resigned
their govern#ent posts This #ay not have co#e as a s%rprise to Mr A%ther and the 'oreign
?ffice, b%t what was #%ch #ore serio%s, and certainly totally %ne.pected, was that *weden
i##ediately offered asyl%#, and so#eti#es even *wedish nationality, to all who were
persec%ted "rnst von +ei-sacker, ,ndersecretary of *tate of the 'oreign ?ffice, who received
the proposal, ref%sed to disc%ss it, b%t the offer helped nevertheless !t is always relatively easy to
get o%t of a co%ntry illegally, whereas it is nearly i#possible to enter the place of ref%ge witho%t
169
per#ission and to dodge the i##igration a%thorities 1ence, abo%t nine h%ndred people, slightly
#ore than half of the s#all Norwegian co##%nity, co%ld be s#%ggled into *weden
!t was in 7"NM)RD, however, that the 4er#ans fo%nd o%t how f%lly :%stified the 'oreign ?ffice@s
apprehensions had been The story of the 7anish $ews is s%i generis, and the behavior of the
7anish people and their govern#ent was %ni/%e a#ong all the co%ntries of "%rope 0 whether
occ%pied, or a partner of the ).is, or ne%tral and tr%ly independent ?ne is te#pted to
reco##end the story as re/%ired reading in political science for all st%dents who wish to learn
so#ething abo%t the enor#o%s power potential inherent in non0violent action and in resistance to
an opponent possessing vastly s%perior #eans of violence To be s%re, a few other co%ntries in
"%rope lacked proper 9%nderstanding of the $ewish /%estion,9 and act%ally a #a:ority of the#
were opposed to 9radical9 and 9final9 sol%tions Aike 7en#ark, *weden, !taly, and 2%lgaria proved
to be nearly i##%ne to anti0*e#itis#, b%t of the three that were in the 4er#an sphere of
infl%ence, only the 7anes dared speak o%t on the s%b:ect to their 4er#an #asters !taly and
2%lgaria sabotaged 4er#an orders and ind%lged in a co#plicated ga#e of do%ble0dealing and
do%ble0crossing saving their $ews by a to%r de force of sheer ingen%ity, b%t they never contested
the policy as s%ch That was totally different fro# what the 7anes did +hen the 4er#ans
approached the# rather ca%tio%sly abo%t introd%cing the yellow badge, they were si#ply told that
the Ding wo%ld be the first to wear it, and the 7anish govern#ent officials were caref%l to point
o%t that anti0$ewish #eas%res of any sort wo%ld ca%se their own i##ediate resignation !t was
decisive in this whole #atter that the 4er#ans did not even s%cceed in introd%cing the vitally
i#portant distinction between native 7anes of $ewish origin, of who# there were abo%t si.ty0fo%r
h%ndred, and the fo%rteen h%ndred 4er#an $ewish ref%gees who had fo%nd asyl%# in the
co%ntry prior to the war and who now had been declared stateless by the 4er#an govern#ent
This ref%sal #%st have s%rprised the 4er#ans no end, since it appeared so 9illogical9 for a
govern#ent to protect people to who# it had categorically denied nat%rali-ation and even
1H5
per#ission to work <Aegally, the prewar sit%ation of ref%gees in 7en#ark was not %nlike that in
'rance, e.cept that the general corr%ption in the Third Rep%blic@s civil services enabled a few of
the# to obtain nat%rali-ation papers, thro%gh bribes or 9connections,9 and #ost ref%gees in
'rance co%ld work illegally, witho%t a per#it 2%t 7en#ark, like *wit-erland, was no co%ntry po%r
se dIbro%iller> The 7anes, however, e.plained to the 4er#an officials that beca%se the stateless
ref%gees were no longer 4er#an citi-ens, the Na-is co%ld not clai# the# witho%t 7anish assent
This was one of the few cases in which statelessness t%rned o%t to be an asset, altho%gh it was
of co%rse not statelessness per se that saved the $ews b%t, on the contrary, the fact that the
7anish govern#ent had decided to protect the# Th%s, none of the preparatory #oves, so
i#portant for the b%rea%cracy of #%rder, co%ld carried o%t, and operations were postponed %ntil
the fall of 1963
+hat happened then was tr%ly a#a-ing; co#pared with what took place in other "%ropean
co%ntries, everything went topsy0t%rvy !n )%g%st, 1963 0 after the 4er#an offensive in R%ssia
had failed, the )frika Dorps had s%rrendered in T%nisia, and the )llies had invaded !taly 0 the
*wedish govern#ent canceled its 1965 agree#ent with 4er#any which had per#itted 4er#an
troops the right to pass thro%gh the co%ntry There%pon, the 7anish workers decided that they
co%ld help a bit in h%rrying things %p; riots broke o%t in 7anish shipyards, where the dock workers
ref%sed to repair 4er#an ships and then went on strike The 4er#an #ilitary co##ander
proclai#ed a state of e#ergency and i#posed #artial law, and 1i##ler tho%ght this was the right
#o#ent to tackle the $ewish /%estion, whose 9sol%tion9 was long overd%e +hat he did not
reckon with was that 0 /%ite apart fro# 7anish resistance 0 the 4er#an officials who had been
living in the co%ntry for years were no longer the sa#e Not only did 4eneral von 1annecken, the
#ilitary co##ander, ref%se to p%t troops at the disposal of the Reich plenipotentiary, 7r +erner
2est; the special ** %nits <"insat-ko##andos> e#ployed in 7en#ark very fre/%ently ob:ected
to 9the #eas%res they were ordered to carry o%t by the central agencies9 0 according to 2est@s
1H1
testi#ony at N%re#berg )nd 2est hi#self, an old 4estapo #an and for#er legal adviser to
1eydrich, a%thor of a then fa#o%s book on the police, who had worked for the #ilitary
govern#ent in 3aris to the entire satisfaction of his s%periors, co%ld no longer be tr%sted,
altho%gh it is do%btf%l that 2erlin ever learned the e.tent of his %nreliability *till, it was clear fro#
the beginning that things were not going well, and "ich#ann@s office sent one of its best #en to
7en#ark 0 Rolf 4Mnther, who# no one had ever acc%sed of not possessing the re/%ired 9r%thless
to%ghness9 4Mnther #ade no i#pression on his colleag%es in (openhagen, and now von
1annecken ref%sed even to iss%e a decree re/%iring all $ews to report for work
2est went to 2erlin and obtained a pro#ise that all $ews fro# 7en#ark wo%ld be sent to
Theresienstadt regardless of their category 0 a very i#portant concession, fro# the Na-is@ point of
view The night of ?ctober 1 was set for their sei-%re and i##ediate depart%re 0 ships were ready
in the harbor 0 and since neither the 7anes nor the $ews nor the 4er#an troops stationed in
7en#ark co%ld be relied on to help, police %nits arrived fro# 4er#any for a door0to0door search
)t the last #o#ent, 2est told the# that they were not per#itted to break into apart#ents,
beca%se the 7anish police #ight then interfere, and they were not s%pposed to fight it o%t with the
7anes 1ence they co%ld sei-e only those $ews who vol%ntarily opened their doors They fo%nd
e.actly 6HH people, o%t of a total of #ore than H,J55, at ho#e and willing to let the# in ) few
days before the date of doo#, a 4er#an shipping agent, 4eorg ' 7%ckwit-, having probably
been tipped off by 2est hi#self, had revealed the whole plan to 7anish govern#ent officials, who,
in t%rn, had h%rriedly infor#ed the heads of the $ewish co##%nity They, in #arked contrast to
$ewish leaders in other co%ntries, had then co##%nicated the news openly in the synagog%es on
the occasion of the New &ear services The $ews had :%st ti#e eno%gh to leave their apart#ents
and go into hiding, which was very easy in 7en#ark, beca%se, in the words of the :%dg#ent, 9all
sections of the 7anish people, fro# the Ding down to si#ple citi-ens,9 stood ready to receive
the#
1H2
They #ight have re#ained in hiding %ntil the end of the war if the 7anes had not been blessed
with *weden as a neighbor !t see#ed reasonable to ship the $ews to *weden, and this was
done with the help of the 7anish fishing fleet The cost of transportation for people witho%t #eans
0 abo%t a h%ndred dollars per person 0 was paid largely by wealthy 7anish citi-ens, and that was
perhaps the #ost asto%nding feat of all, since this was a ti#e when $ews were paying for their
own deportation, when the rich a#ong the# were paying fort%nes for e.it per#its <in 1olland,
*lovakia, and, later, in 1%ngary> either by bribing the local a%thorities or by negotiating 9legally9
with the **, who accepted only hard c%rrency and sold e.it per#its, in 1olland, to the t%ne of
five or ten tho%sand dollars per person "ven in places where $ews #et with gen%ine sy#pathy
and a sincere willingness to help, they had to pay for it, and the chances poor people had of
escaping were nil
!t took the better part of ?ctober to ferry all the $ews across the five to fifteen #iles of water that
separates 7en#ark fro# *weden The *wedes received B,919 ref%gees, of who# at least 1,555
were of 4er#an origin, 1,315 were half0$ews, and 6J6 were non0$ews #arried to $ews <)l#ost
half the 7anish $ews see# to have re#ained in the co%ntry and s%rvived the war in hiding> The
non07anish $ews were better off than ever before, they all received per#ission to work The few
h%ndred $ews who# the 4er#an police had been able to arrest were shipped to Theresienstadt
They were old or poor people, who either had not received the news in ti#e or had not been able
to co#prehend its #eaning !n the ghetto, they en:oyed greater privileges than any other gro%p
beca%se of the never0ending 9f%ss9 #ade abo%t the# by 7anish instit%tions and private persons
'orty0eight persons died, a fig%re that was not partic%larly high, in view of the average age of the
gro%p +hen everything was over, it was the considered opinion of "ich#ann that 9for vario%s
reasons the action against the $ews in 7en#ark has been a fail%re,9 whereas the c%rio%s 7r
2est declared that 9the ob:ective of the operation was not to sei-e a great n%#ber of $ews b%t to
clean 7en#ark of $ews, and this ob:ective has now been achieved9
1H3
3olitically and psychologically, the #ost interesting aspect of this incident is perhaps the role
played by the 4er#an a%thorities in 7en#ark, their obvio%s sabotage of orders fro# 2erlin !t is
the only case we know of in which the Na-is #et with open native resistance, and the res%lt
see#s to have been that those e.posed to it changed their #inds They the#selves apparently
no longer looked %pon the e.ter#ination of a whole people as a #atter of co%rse They had #et
resistance based on principle, and their 9to%ghness9 had #elted like b%tter in the s%n, they had
even been able to show a few ti#id beginnings of gen%ine co%rage That the ideal of 9to%ghness,9
e.cept, perhaps, for a few half0de#ented br%tes, was nothing b%t a #yth of self0deception,
concealing a r%thless desire for confor#ity at any price, was clearly revealed at the N%re#berg
Trials, where the defendants acc%sed and betrayed each other and ass%red the world that they
9had always been against it9 or clai#ed, as "ich#ann was to do, that their best /%alities had
been 9ab%sed9 by their s%periors <!n $er%sale#, he acc%sed 9those in power9 of having ab%sed
his 9obedience9 9The s%b:ect of a good govern#ent is l%cky, the s%b:ect of a bad govern#ent is
%nl%cky ! had no l%ck9> The at#osphere had changed, and altho%gh #ost of the# #%st have
known that they were doo#ed, not a single one of the# had the g%ts to defend the Na-i ideology
+erner 2est clai#ed at N%re#berg that he had played a co#plicated do%ble role and that it was
thanks to hi# that the 7anish officials had been warned of the i#pending catastrophe;
doc%#entary evidence showed, on the contrary, that he hi#self had proposed the 7anish
operation in 2erlin, b%t he e.plained that this was all part of the ga#e 1e was e.tradited to
7en#ark and there conde#ned to death, b%t he appealed the sentence, with s%rprising res%lts;
beca%se of 9new evidence,9 his sentence was co##%ted to five years in prison, fro# which he
was released soon afterward 1e #%st have been able to prove to the satisfaction of the 7anish
co%rt that he really had done his best
!T)A& was 4er#any@s only real ally in "%rope, treated as an e/%al and respected as a sovereign
independent state The alliance pres%#ably rested on the very highest kind of co##on interest,
1H6
binding together two si#ilar, if not identical, new for#s of govern#ent, and it is tr%e that M%ssolini
had once been greatly ad#ired in 4er#an Na-i circles 2%t by the ti#e war broke o%t and !taly,
after so#e hesitation, :oined in the 4er#an enterprise, this was a thing of the past The Na-is
knew well eno%gh that they had #ore in co##on with *talin@s version of (o##%nis# than with
!talian 'ascis#, and M%ssolini on his part had neither #%ch confidence in 4er#any nor #%ch
ad#iration for 1itler )ll this, however, belonged a#ong the secrets of the higher0%ps, especially
in 4er#any, and the deep, decisive differences between the totalitarian and the 'ascist for#s of
govern#ent were never entirely %nderstood by the world at large Nowhere did they co#e #ore
conspic%o%sly into the open than in the treat#ent of the $ewish /%estion
3rior to the 2adoglio co%p d@Itat in the s%##er of 1963, and the 4er#an occ%pation of Ro#e
and northern !taly, "ich#ann and his #en were not per#itted to be active in the co%ntry They
were, however, confronted with the !talian way of not solving anything in the !talian0occ%pied
areas of 'rance, 4reece, and &%goslavia, beca%se the persec%ted $ews kept escaping into these
-ones, where they co%ld be s%re of te#porary asyl%# ?n levels #%ch higher than "ich#ann@s,
!taly@s sabotage of the 'inal *ol%tion had ass%#ed serio%s proportions, chiefly beca%se of
M%ssolini@s infl%ence on other 'ascist govern#ents in "%rope 0 on 3Itain@s in 'rance, on
1orthy@s in 1%ngary, on )ntonesc%@s in R%#ania, and even on 'ranco@s in *pain !f !taly co%ld get
away with not #%rdering her $ews, 4er#an satellite co%ntries #ight try to do the sa#e Th%s,
7o#e *-to:ai, the 1%ngarian 3ri#e Minister who# the 4er#ans had forced %pon 1orthy, always
wanted to know, when it ca#e to anti0$ewish #eas%res, if the sa#e reg%lations applied to !taly
"ich#ann@s chief, 4r%ppenfMhrer MMller, wrote a long letter on the s%b:ect to the 'oreign ?ffice
pointing all this o%t, b%t the gentle#en of the 'oreign ?ffice co%ld not do #%ch abo%t it, beca%se
they always #et the sa#e s%btly veiled resistance, the sa#e pro#ises and the sa#e fail%res to
f%lfill the# The sabotage was all the #ore inf%riating as it was carried o%t openly, in an al#ost
#ocking #anner The pro#ises were given by M%ssolini hi#self or other high0ranking officials,
1HB
and if the generals si#ply failed to f%lfill the#, M%ssolini wo%ld #ake e.c%ses for the# on the
gro%nd of their 9different intellect%al for#ation9 ?nly occasionally wo%ld the Na-is be #et with a
flat ref%sal, as when 4eneral Roatta declared that it was 9inco#patible with the honor of the
!talian )r#y9 to deliver the $ews fro# !talian0occ%pied territory in &%goslavia to the appropriate
4er#an a%thorities
!t co%ld be considerably worse when !talians see#ed to be f%lfilling their pro#ises ?ne instance
of this took place after the )llied landing in 'rench North )frica, when all of 'rance was occ%pied
by the 4er#ans e.cept the !talian Kone in the so%th, where abo%t fifty tho%sand $ews had fo%nd
safety ,nder considerable 4er#an press%re, an !talian 9(o##issariat for $ewish )ffairs9 was
established, whose sole f%nction was to register all $ews in this region and e.pel the# fro# the
Mediterranean coast Twenty0two tho%sand $ews were indeed sei-ed and re#oved to the interior
of the !talian Kone, with the res%lt, according to Reitlinger, that 9a tho%sand $ews of the poorest
class were living in the best hotels of !sYre and *avoie9 "ich#ann there%pon sent )lois 2r%nner,
one of his to%ghest #en, down to Nice and Marseilles, b%t by the ti#e he arrived, the 'rench
police had destroyed all the lists of the registered $ews !n the fall of 1963, when !taly declared
war on 4er#any, the 4er#an ar#y co%ld finally #ove into Nice, and "ich#ann hi#self hastened
to the (Xte d@)-%r There he was told 0 and believed 0 that between ten and fifteen tho%sand
$ews were living in hiding in Monaco <that tiny principality, with so#e twenty0five tho%sand
residents altogether, whose territory, the New &ork Ti#es Maga-ine noted, 9co%ld fit co#fortably
inside (entral 3ark9>, which ca%sed the R*1) to start a kind of research progra# !t so%nds
like a typically !talian :oke The $ews, in any event, were no longer there; they had fled to !taly
proper, and those who were still hiding in the s%rro%nding #o%ntains fo%nd their way to
*wit-erland or to *pain The sa#e thing happened when the !talians had to abandon their -one in
&%goslavia; the $ews left with the !talian )r#y and fo%nd ref%ge in 'i%#e
)n ele#ent of farce had never been lacking even in !taly@s #ost serio%s efforts to ad:%st to its
1H6
powerf%l friend and ally +hen M%ssolini, %nder 4er#an press%re, introd%ced anti0$ewish
legislation in the late thirties he stip%lated the %s%al e.e#ptions 0 war veterans, $ews with high
decorations, and the like 0 b%t he added one #ore category, na#ely, for#er #e#bers of the
'ascist 3arty, together with their parents and grandparents, their wives and children and
grandchildren ! know of no statistics relating to this #atter, b%t the res%lt #%st have been that the
great #a:ority of !talian $ews were e.e#pted There can hardly have been a $ewish fa#ily
witho%t at least one #e#ber in the 'ascist 3arty, for this happened at a ti#e when $ews, like
other !talians, had been flocking for al#ost twenty years into the 'ascist #ove#ent, since
positions in the (ivil *ervice were open only to #e#bers )nd the few $ews who had ob:ected to
'ascis# on principle, *ocialists and (o##%nists chiefly, were no longer in the co%ntry "ven
convinced !talian anti0*e#ites see#ed %nable to take the thing serio%sly, and Roberto 'arinacci,
head of the !talian anti0*e#itic #ove#ent, had a $ewish secretary in his e#ploy To be s%re,
s%ch things had happened in 4er#any too; "ich#ann #entioned, and there is no reason not to
believe hi#, that there were $ews even a#ong ordinary ** #en, b%t the $ewish origin of people
like 1eydrich, Milch, and others was a highly confidential #atter, known only to a handf%l of
people, whereas in !taly these things were done openly and, as it were, innocently The key to the
riddle was, of co%rse, that !taly act%ally was one of the few co%ntries in "%rope where all anti0
$ewish #eas%res were decidedly %npop%lar, since, in the words of (iano, they 9raised a proble#
which fort%nately did not e.ist9
)ssi#ilation, that #%ch ab%sed word, was a sober fact in !taly, which had a co##%nity of not
#ore than fifty tho%sand native $ews, whose history reached back into the cent%ries of the
Ro#an "#pire !t was not an ideology, so#ething one was s%pposed to believe in, as in all
4er#an0speaking co%ntries, or a #yth and an obvio%s self0deception, as notably in 'rance
!talian 'ascis#, not to be o%tdone in 9r%thless to%ghness,9 had tried to rid the co%ntry of foreign
and stateless $ews prior to the o%tbreak of the war This had never been #%ch of a s%ccess,
1HH
beca%se of the general %nwillingness of the #inor !talian officials to get 9to%gh,9 and when things
had beco#e a #atter of life and death, they ref%sed, %nder the prete.t of #aintaining their
sovereignty, to abandon this part of their $ewish pop%lation; they p%t the# instead into !talian
ca#ps, where they were /%ite safe %ntil the 4er#ans occ%pied the co%ntry This cond%ct can
hardly be e.plained by ob:ective conditions alone 0 the absence of a 9$ewish /%estion9 0 for these
foreigners nat%rally created a proble# in !taly, as they did in every "%ropean nation0state based
%pon the ethnic and c%lt%ral ho#ogeneity of its pop%lation +hat in 7en#ark was the res%lt of an
a%thentically political sense, an inbred co#prehension of the re/%ire#ents and responsibilities of
citi-enship and independence 0 9for the 7anes the $ewish /%estion was a political and not a
h%#anitarian /%estion9 <Aeni &ahil> 0 was in !taly the o%tco#e of the al#ost a%to#atic general
h%#anity of an old and civili-ed people
!talian h%#anity, #oreover, withstood the test of the terror that descended %pon the people d%ring
the last year and a half of the war !n 7ece#ber, 1963, the 4er#an 'oreign ?ffice addressed a
for#al re/%est for help to "ich#ann@s boss, MMller8 9!n view of the lack of -eal shown over the last
#onths by !talian officials in the i#ple#entation of anti0$ewish #eas%res reco##ended by the
7%ce, we of the 'oreign ?ffice dee# it %rgent and necessary that the i#ple#entation be
s%pervised by 4er#an officials9 +here%pon fa#o%s $ew0killers fro# 3oland, s%ch as ?dilo
4lobocnik fro# the death ca#ps in the A%blin area, were dispatched to !taly; even the head of the
#ilitary ad#inistration was not an )r#y #an b%t a for#er governor of 3olish 4alicia,
4r%ppenfMhrer ?tto +Lchter This p%t an end to practical :okes "ich#ann@s office sent o%t a
circ%lar advising its branches that 9$ews of !talian nationality9 wo%ld at once beco#e s%b:ect to
9the necessary #eas%res,9 and the first blow was to fall %pon eight tho%sand $ews in Ro#e, who
were to be arrested by 4er#an police regi#ents, since the !talian police were not reliable They
were warned in ti#e, fre/%ently by old 'ascists, and seven tho%sand escaped The 4er#ans,
yielding, as %s%al, when they #et resistance, now agreed that !talian $ews, even if they did not
1HJ
belong to e.e#pted categories, sho%ld not be s%b:ect to deportation b%t sho%ld #erely be
concentrated in !talian ca#ps; this 9sol%tion9 sho%ld be 9final9 eno%gh for !taly )ppro.i#ately
thirty0five tho%sand $ews in northern !taly were ca%ght and p%t into concentration ca#ps near the
)%strian border !n the spring of 1966, when the Red )r#y had occ%pied R%#ania and the )llies
were abo%t to enter Ro#e, the 4er#ans broke their pro#ise and began shipping $ews fro# !taly
to )%schwit- 0 abo%t seventy0five h%ndred people, of who# no #ore than si. h%ndred ret%rned
*till, this ca#e to considerably less than ten per cent of all $ews then living in !taly
V! 8 7eportations fro# the 2alkans0&%goslavia,
2%lgaria, 4reece, R%#ania
To those who followed the case for the prosec%tion and read the :%dg#ent, which reorgani-ed its
conf%sed and conf%sing 9general pict%re,9 it ca#e as a s%rprise that the line sharply
disting%ishing the Na-i0controlled territories to the east and so%theast fro# the syste# of nationstates
in (entral and +estern "%rope was never #entioned The belt of #i.ed pop%lation that
stretches fro# the 2altic *ea in the north to the )driatic in the so%th, the whole area #ost of
which today lies behind the !ron (%rtain, then consisted of the so0called *%ccessor *tates,
established by the victorio%s powers after the 'irst +orld +ar ) new political order was granted
to the n%#ero%s ethnic gro%ps that had lived for cent%ries %nder the do#ination of e#pires 0 the
R%ssian "#pire in the north, the )%stro01%ngarian "#pire in the so%th, and the T%rkish "#pire
in the so%theast ?f the nation0states that res%lted, none possessed anything even approaching
the ethnic ho#ogeneity of the old "%ropean nations that had served as #odels for their political
constit%tions The res%lt was that each of these co%ntries contained large ethnic gro%ps that were
violently hostile to the r%ling govern#ent beca%se their own national aspirations had been
fr%strated in favor of their only slightly #ore n%#ero%s neighbors !f any proof of the political
instability of these recently fo%nded states had been needed, the case of (-echoslovakia a#ply
provided it +hen 1itler #arched into 3rag%e, in March, 1939, he was enth%siastically welco#ed
1H9
not only by the *%detende%tschen, the 4er#an #inority, b%t also by the *lovaks, who# he
9liberated9 by offering the# an 9independent9 state ".actly the sa#e thing happened later in
&%goslavia, where the *erbian #a:ority, the for#er r%lers of the co%ntry, was treated as the
ene#y, and the (roatian #inority was given its own national govern#ent Moreover, beca%se the
pop%lations in these regions fl%ct%ated, there e.isted no nat%ral or historical bo%ndaries, and
those that had been established by the Treaties of Trianon and *t 4er#ain were /%ite arbitrary
1ence, 1%ngary, R%#ania, and 2%lgaria co%ld be won as ).is partners by genero%s
enlarge#ents of their territories, and the $ews in these newly anne.ed areas were always denied
the stat%s of nationals; they a%to#atically beca#e stateless and therefore s%ffered the sa#e fate
as the ref%gees in +estern "%rope 0 they were invariably the first to be deported and li/%idated
+hat also ca#e crashing down d%ring these years was the elaborate syste# of #inority treaties
whereby the )llies had vainly hoped to solve a proble# that, within the political fra#ework of the
nation0state, is insol%ble The $ews were an officially recogni-ed #inority in all *%ccessor *tates,
and this stat%s had not been forced %pon the# b%t had been the o%tco#e of clai#s entered and
negotiations cond%cted by their own delegates to the =ersailles 3eace (onference This had
#arked an i#portant t%rning point in $ewish history, beca%se it was the first ti#e that +estern, or
assi#ilated, $ews had not been recogni-ed as the spokes#en for the whole $ewish people To
the s%rprise, and also so#eti#es to the dis#ay, of the +estern0ed%cated $ewish 9notables9 it
had t%rned o%t that the large #a:ority of the people desired so#e sort of social and c%lt%ral,
tho%gh not political, a%tono#y Aegally, the stat%s of the "astern "%ropean $ews was :%st like that
of any other #inority, b%t politically 0 and this was to be decisive 0 they were the only ethnic gro%p
in the region witho%t a 9ho#eland,9 that is, witho%t a territory in which they for#ed the #a:ority of
the pop%lation *till, they did not live in the sa#e kind of dispersion as their brethren in +estern
and (entral "%rope, and whereas there, prior to 1itler, it had been a sign of anti0*e#itis# to call
a $ew a $ew, "astern "%ropean $ews were recogni-ed by friend and foe alike as a distinct
1J5
people This was of great conse/%ence for the stat%s of those $ews in the "ast who were
assi#ilated, #aking it %tterly different fro# that in the +est, where assi#ilation in one for# or
another had been the r%le The great body of #iddle0class $ews, so characteristic of +estern and
(entral "%rope, did not e.ist in the "ast; in its stead we find a thin layer of %pper0#iddle0class
fa#ilies who act%ally belonged to the r%ling classes and the degree of whose assi#ilation 0
thro%gh #oney, thro%gh baptis#, thro%gh inter#arriage 0 to 4entile society was infinitely greater
than that of #ost $ews in the +est
)#ong the first co%ntries in which the e.ec%tors of the 'inal *ol%tion were confronted with these
conditions was the p%ppet state of (R?)T!), in &%goslavia, whose capital was Kagreb The
(roat govern#ent, headed by 7r )nte 3avelic, very obligingly introd%ced anti0$ewish legislation
three weeks after its establish#ent, and when asked what was to be done with the few do-en
(roat $ews in 4er#any, it sent word that they 9wo%ld appreciate deportation to the "ast9 The
Reich Minister of the !nterior de#anded that the co%ntry be :%denrein by 'ebr%ary, 1962, and
"ich#ann sent 1a%ptst%r#fMhrer 'ran- )bro#eit to work with the 4er#an police attachI in
Kagreb The deportations were carried o%t by the (roats the#selves, notably by #e#bers of the
strong 'ascist #ove#ent, the ,stashe, and the (roats paid the Na-is thirty #arks for each $ew
deported !n e.change, they received all the property of the deportees This was in accordance
with the 4er#ans@ official 9territorial principle,9 applicable to all "%ropean co%ntries, whereby the
state inherited the property of every #%rdered $ew who had resided within its bo%ndaries,
regardless of his nationality <The Na-is did not by any #eans always respect the 9territorial
principle9; there were #any ways to get aro%nd it if it see#ed worth the tro%ble 4er#an
b%siness#en co%ld b%y directly fro# the $ews before they were deported, and the "insat-stab
Rosenberg, initially e#powered to confiscate all 1ebraica and $%daica for 4er#an anti0*e#itic
research centers, soon enlarged its activities to incl%de val%able f%rnishings and art works> The
original deadline of 'ebr%ary, 1962, co%ld not be #et, beca%se $ews were able to escape fro#
1J1
(roatia to !talian0occ%pied territory, b%t after the 2adoglio co%p 1er#ann Dr%#ey, another of
"ich#ann@s #en, arrived in Kagreb, and by the fall of 1963 thirty tho%sand $ews had been
deported to the killing centers
?nly then did the 4er#ans reali-e that the co%ntry was still not :%denrein !n the initial anti0$ewish
legislation, they had noted a c%rio%s paragraph that transfor#ed into 9honorary )ryans9 all $ews
who #ade contrib%tions to 9the (roat ca%se9 The n%#ber of these $ews had of co%rse greatly
increased d%ring the intervening years The very rich, in other words, who parted vol%ntarily with
their property were e.e#pted "ven #ore interesting was the fact that the ** !ntelligence
service <%nder *t%r#bannfMhrer +ilhel# 1Nttl, who was first called as a defense witness in
$er%sale#, b%t whose affidavit was then %sed by the prosec%tion> had discovered that nearly all
#e#bers of the r%ling cli/%e in (roatia, fro# the head of the govern#ent to the leader of the
,stashe, were #arried to $ewish wo#en The fifteen h%ndred s%rvivors a#ong the $ews in this
area0five per cent, according to a &%goslav govern#ent report 0 were clearly all #e#bers of this
highly assi#ilated, and e.traordinarily rich, $ewish gro%p )nd since the percentage of
assi#ilated $ews a#ong the #asses in the "ast has often been esti#ated at abo%t five per cent,
it is te#pting to concl%de that assi#ilation in the "ast, when it was at all possible, offered a #%ch
better chance for s%rvival than it did in the rest of "%rope
Matters were very different in the ad:oining territory of *"R2!), where the 4er#an occ%pation
ar#y, al#ost fro# its first day there, had to contend with a kind of partisan warfare that can be
co#pared only with what went on in R%ssia behind the front ! #entioned earlier the single
incident that connected "ich#ann with the li/%idation of $ews in *erbia The :%dg#ent ad#itted
that 9the ordinary lines of co##and in dealing with the $ews of *erbia did not beco#e /%ite clear
to %s,9 and the e.planation is that "ich#ann@s office was not involved at all in that area beca%se
no $ews were deported The 9proble#9 was all taken care of on the spot ?n the prete.t of
e.ec%ting hostages taken in partisan warfare, the )r#y killed the #ale $ewish pop%lation by
1J2
shooting; wo#en and children were handed over to the co##ander of the *ec%rity 3olice, a
certain 7r "#an%el *chLfer, a special protIgI of 1eydrich, who killed the# in gas vans !n
)%g%st, 1962, *taatsrat 1arald T%rner, head of the civilian branch of the #ilitary govern#ent,
reported pro%dly that *erbia was 9the only co%ntry in which the proble#s of both $ews and
4ypsies were solved,9 and ret%rned the gas vans to 2erlin )n esti#ated five tho%sand $ews
:oined the partisans, and this was the only aven%e of escape
*chLfer had to stand trial in a 4er#an cri#inal co%rt after the war 'or the gassing of 6,2J5
wo#en and children, he was sentenced to si. years and si. #onths in prison The #ilitary
governor of the region, 4eneral 'ran- 2Nh#e, co##itted s%icide, b%t *taatsrat T%rner was
handed over to the &%goslav govern#ent and conde#ned to death !t is the sa#e story repeated
over and over again8 those who escaped the N%re#berg Trials and were not e.tradited to the
co%ntries where they had co##itted their cri#es either were never bro%ght to :%stice, or fo%nd in
the 4er#an co%rts the greatest possible 9%nderstanding9 ?ne is %nhappily re#inded of the
+ei#ar Rep%blic, whose specialty it was to condone political #%rder if the killer belonged to one
of the violently anti0rep%blican gro%ps of the Right
2,A4)R!) had #ore ca%se than any other of the 2alkan co%ntries to be gratef%l to Na-i
4er#any, beca%se of the considerable territorial aggrandi-e#ent she received at the e.pense of
R%#ania, &%goslavia, and 4reece )nd yet 2%lgaria was not gratef%l, neither her govern#ent nor
her people were soft eno%gh to #ake a policy of 9r%thless to%ghness9 workable This showed not
only on the $ewish /%estion The 2%lgarian #onarchy had no reason to be worried abo%t the
native 'ascist #ove#ent, the Ratni-i, beca%se it was n%#erically s#all and politically witho%t
infl%ence, and the 3arlia#ent re#ained a highly respected body, which worked s#oothly with the
Ding 1ence, they dared ref%se to declare war on R%ssia and never even sent a token
e.peditionary force of Gvol%nteers9 to the "astern front 2%t #ost s%rprising of all, in the belt of
#i.ed pop%lations where anti0*e#itis# was ra#pant a#ong all ethnic gro%ps and had beco#e
1J3
official govern#ental policy long before 1itler@s arrival, the 2%lgarians had no 9%nderstanding of
the $ewish proble#9 whatever !t is tr%e that the 2%lgarian )r#y had agreed to have all the $ews 0
they n%#bered abo%t fifteen tho%sand 0 deported fro# the newly anne.ed territories, which were
%nder #ilitary govern#ent and whose pop%lation was anti0*e#itic; b%t it is do%btf%l that they
knew what 9resettle#ent in the "ast9 act%ally signified *o#ewhat earlier, in $an%ary, 1961, the
govern#ent had also agreed to introd%ce so#e anti0$ewish legislation, b%t that, fro# the Na-i
viewpoint, was si#ply ridic%lo%s8 so#e si. tho%sand able0bodied #en were #obili-ed for work; all
bapti-ed $ews, regardless of the date of their conversion, were e.e#pted, with the res%lt that an
epide#ic of conversions broke o%t; five tho%sand #ore $ews 0 o%t of a total of appro.i#ately fifty
tho%sand 0 received special privileges; and for $ewish physicians and b%siness#en a n%#er%s
cla%s%s was introd%ced that was rather high, since it was based on the percentage of $ews in the
cities, rather than in the co%ntry at large +hen these #eas%res had been p%t into effect,
2%lgarian govern#ent officials declared p%blicly that things were now stabili-ed to everybody@s
satisfaction (learly, the Na-is wo%ld not only have to enlighten the# abo%t the re/%ire#ents for
a 9sol%tion of the $ewish proble#,9 b%t also to teach the# that legal stability and a totalitarian
#ove#ent co%ld not be reconciled
The 4er#an a%thorities #%st have had so#e s%spicion of the diffic%lties that lay ahead !n
$an%ary, 1962, "ich#ann wrote a letter to the 'oreign ?ffice in which he declared that 9s%fficient
possibilities e.ist for the reception of $ews fro# 2%lgaria9; he proposed that the 2%lgarian
govern#ent be approached, and ass%red the 'oreign ?ffice that the police attachI in *ofia wo%ld
9take care of the technical i#ple#entation of the deportation9 <This police attachI see#s not to
have been very enth%siastic abo%t his work either, for shortly thereafter "ich#ann sent one of his
own #en, Theodor 7annecker, fro# 3aris to *ofia as 9adviser9> !t is /%ite interesting to note that
this letter ran directly contrary to the notification "ich#ann had sent to *erbia only a few #onths
earlier, stating that no facilities for the reception of $ews were yet available and that even $ews
1J6
fro# the Reich co%ld not be deported The high priority given to the task of #aking 2%lgaria
:%denrein can be e.plained only by 2erlin@s having received acc%rate infor#ation that great speed
was necessary then in order to achieve anything at all +ell, the 2%lgarians were approached by
the 4er#an e#bassy, b%t not %ntil abo%t si. #onths later did they take the first step in the
direction of 9radical9 #eas%res 0 the introd%ction of the $ewish badge 'or the Na-is, even this
t%rned o%t to be a great disappoint#ent !n the first place, as they d%tif%lly reported, the badge
was only a 9very little star9; second, #ost $ews si#ply did not wear it; and, third, those who did
wear it received 9so #any #anifestations of sy#pathy fro# the #isled pop%lation that they
act%ally are pro%d of their sign9 0 as +alter *chellenberg, (hief of (o%nterintelligence in the
R*1), wrote in an *7 report trans#itted to the 'oreign ?ffice in Nove#ber, 1962
+here%pon the 2%lgarian govern#ent revoked the decree ,nder great 4er#an press%re, the
2%lgarian govern#ent finally decided to e.pel all $ews fro# *ofia to r%ral areas, b%t this #eas%re
was definitely not what the 4er#ans de#anded, since it dispersed the $ews instead of
concentrating the#
This e.p%lsion act%ally #arked an i#portant t%rning point in the whole sit%ation, beca%se the
pop%lation of *ofia tried to stop $ews fro# going to the railroad station and s%bse/%ently
de#onstrated before the Ding@s palace The 4er#ans were %nder the ill%sion that Ding 2oris was
pri#arily responsible for keeping 2%lgaria@s $ews safe, and it is reasonably certain that 4er#an
!ntelligence agents #%rdered hi# 2%t neither the death of the #onarch nor the arrival of
7annecker, early in 1963, changed the sit%ation in the slightest, beca%se both 3arlia#ent and the
pop%lation re#ained clearly on the side of the $ews 7annecker s%cceeded in arriving at an
agree#ent with the 2%lgarian (o##issar for $ewish )ffairs to deport si. tho%sand 9leading $ews9
to Treblinka, b%t none of these $ews ever left the co%ntry The agree#ent itself is noteworthy
beca%se it shows that the Na-is had no hope of enlisting the $ewish leadership for their own
p%rposes The (hief Rabbi of *ofia was %navailable, having been hidden by Metropolitan
1JB
*tephan of *ofia, who had declared p%blicly that 94od had deter#ined the $ewish fate, and #en
had no right to tort%re $ews, and to persec%te the#9 <1ilberg> 0 which was considerably #ore
than the =atican had ever done 'inally, the sa#e thing happened in 2%lgaria as was to happen
in 7en#ark a few #onths later 0 the local 4er#an officials beca#e %ns%re of the#selves and
were no longer reliable This was tr%e of both the police attachI, a #e#ber of the **, who was
s%pposed to ro%nd %p and arrest the $ews, and the 4er#an )#bassador in *ofia, )dolf
2eckerle, who in $%ne, 1963, had advised the 'oreign ?ffice that the sit%ation was hopeless,
beca%se 9the 2%lgarians had lived for too long with peoples like )r#enians, 4reeks, and 4ypsies
to appreciate the $ewish proble#9 0 which, of co%rse, was sheer nonsense, since the sa#e co%ld
be said #%tatis #%tandis for all co%ntries of "astern and *o%theastern "%rope !t was 2eckerle
too who infor#ed the R*1), in a clearly irritated tone, that nothing #ore co%ld be done )nd
the res%lt was that not a single 2%lgarian $ew had been deported or had died an %nnat%ral death
when, in )%g%st, 1966, with the approach of the Red )r#y, the anti0$ewish laws were revoked
! know of no atte#pt to e.plain the cond%ct of the 2%lgarian people, which is %ni/%e in the belt of
#i.ed pop%lations 2%t one is re#inded of 4eorgi 7i#itrov, a 2%lgarian (o##%nist who
happened to be in 4er#any when the Na-is ca#e to power, and who# they chose to acc%se of
the Reichstagsbrand, the #ysterio%s fire in the 2erlin 3arlia#ent of 'ebr%ary 2H, 1933 1e was
tried by the 4er#an *%pre#e (o%rt and confronted with 4Nring, who# he /%estioned as tho%gh
he were in charge of the proceedings; and it was thanks to hi# that all those acc%sed, e.cept van
der A%bbe, had to be ac/%itted 1is cond%ct was s%ch that it won hi# the ad#iration of the whole
world, 4er#any not e.cl%ded 9There is one #an left in 4er#any,9 people %sed to say, 9and he is
a 2%lgarian9
4R""(", being occ%pied in the north by the 4er#ans and in the so%th by the !talians, offered no
special proble#s and co%ld therefore be left waiting her t%rn to beco#e :%denrein !n 'ebr%ary,
1963, two of "ich#ann@s specialists, 1a%ptst%r#fMhrers 7ieter +isliceny and )lois 2r%nner,
1J6
arrived to prepare everything for the deportation of the $ews fro# *alonika, where two0thirds of
4reek $ewry, appro.i#ately fifty0five tho%sand people, were concentrated This was according to
plan 9within the fra#ework of the 'inal *ol%tion of the $ewish proble# in "%rope,9 as their letter of
appoint#ent fro# !=0206 had it +orking closely with a certain Driegsverwalt%ngsrat 7r Ma.
Merten, who represented the #ilitary govern#ent of the region, they i##ediately set %p the %s%al
$ewish (o%ncil, with (hief Rabbi Doret- at its head +isliceny, who headed the
*onderko##ando fMr $%denangelegenheiten in *alonika, introd%ced the yellow badge, and
pro#ptly #ade it known that no e.e#ptions wo%ld be tolerated 7r Merten #oved the whole
$ewish pop%lation into a ghetto, fro# which they co%ld easily be re#oved, since it was near the
railroad station The only privileged categories were $ews with foreign passports and, as %s%al,
the personnel of the $%denrat 0 not #ore than a few h%ndred persons all told, who were
event%ally shipped to the e.change ca#p of 2ergen02elsen There was no aven%e of escape
e.cept flight to the so%th, where the !talians, as elsewhere, ref%sed to hand $ews over to the
4er#ans, and the safety in the !talian Kone was short0lived The 4reek pop%lation was indifferent
at best, and even so#e of the partisan gro%ps looked %pon the operations 9with approval9 +ithin
two #onths, the whole co##%nity had been deported, trains for )%schwit- leaving al#ost daily,
carrying fro# two tho%sand to twenty0five h%ndred $ews each, in freight cars !n the fall of the
sa#e year, when the !talian )r#y had collapsed, evac%ation of so#e thirteen tho%sand $ews
fro# the so%thern part of 4reece, incl%ding )thens and the 4reek islands, was swiftly co#pleted
!n )%schwit-, #any 4reek $ews were e#ployed in the so0called death co##andos, which
operated the gas cha#bers and the cre#atoria, and they were still alive in 1966, when the
1%ngarian $ews were e.ter#inated and the ASd- ghetto was li/%idated )t the end of that
s%##er, when r%#or had it that the gassing wo%ld soon be ter#inated and the installations
dis#antled, one of the very few revolts in any of the ca#ps broke o%t; the death co##andos
were certain that now they, too, wo%ld be killed The revolt was a co#plete disaster 0 only one
1JH
s%rvivor re#ained to tell the story
!t wo%ld see# that the indifference of the 4reeks to the fate of their $ews has so#ehow s%rvived
their liberation 7r Merten, a witness for the defense in "ich#ann@s trial, today, so#ewhat
inconsistently, clai#s both to have known nothing and to have saved the $ews fro# the fate of
which he was ignorant 1e /%ietly ret%rned to 4reece after the war as a representative of a travel
agency; he was arrested, b%t was soon released and allowed to ret%rn to 4er#any 1is case is
perhaps %ni/%e, since trials for war cri#es in co%ntries other than 4er#any have always res%lted
in severe p%nish#ent )nd his testi#ony for the defense, which he gave in 2erlin in the presence
of representatives of both the defense and the prosec%tion, was certainly %ni/%e 1e clai#ed that
"ich#ann had been very helpf%l in an atte#pt to save so#e twenty tho%sand wo#en and
children in *alonika, and that all the evil had co#e fro# +isliceny 1owever, he event%ally stated
that before testifying he had been approached by "ich#ann@s brother, a lawyer in Ain-, and by a
4er#an organi-ation of for#er #e#bers of the ** "ich#ann hi#self denied everything 0 he
had never been in *alonika, and he had never seen the helpf%l 7r Merten
"ich#ann clai#ed #ore than once that his organi-ational gifts, the coordination of evac%ations
and deportations achieved by his office, had in fact helped his victi#s; it had #ade their fate
easier !f this thing had to be done at all, he arg%ed, it was better that it be done in good order
7%ring the trial no one, not even co%nsel for the defense, paid any attention to this clai#, which
was obvio%sly in the sa#e category as his foolish and st%bborn contention that he had saved the
lives of h%ndreds of tho%sands of $ews thro%gh 9forced e#igration9 )nd yet, in the light of what
took place in R,M)N!), one begins to wonder 1ere, too, everything was topsy0t%rvy, b%t not as
in 7en#ark, where even the #en of the 4estapo began sabotaging orders fro# 2erlin; in
R%#ania even the ** were taken aback, and occasionally frightened, by the horrors of oldfashioned,
spontaneo%s pogro#s on a gigantic scale; they often intervened to save $ews fro#
sheer b%tchery, so that the killing co%ld be done in what, according to the#, was a civili-ed way
1JJ
!t is hardly an e.aggeration to say that R%#ania was the #ost anti0*e#itic co%ntry in prewar
"%rope "ven in the nineteenth cent%ry, R%#anian anti0*e#itis# was a well0established fact; in
1JHJ, the great powers had tried to intervene, thro%gh the Treaty of 2erlin, and to get the
R%#anian govern#ent to recogni-e its $ewish inhabitants as R%#anian nationals 0 tho%gh they
wo%ld have re#ained second0class citi-ens They did not s%cceed, and at the end of the 'irst
+orld +ar all R%#anian $ews 0 with the e.ception of a few h%ndred *ephardic fa#ilies and so#e
$ews of 4er#an origin 0 were still resident aliens !t took the whole #ight of the )llies, d%ring the
peace0treaty negotiations, to 9pers%ade9 the R%#anian govern#ent to accept a #inority treaty
and to grant the $ewish #inority citi-enship This concession to world opinion was withdrawn in
193H and 193J, when, tr%sting in the power of 1itler 4er#any, the R%#anians felt they co%ld risk
deno%ncing the #inority treaties as an i#position %pon their 9sovereignty,9 and co%ld deprive
several h%ndred tho%sand $ews, ro%ghly a /%arter of the total $ewish pop%lation, of their
citi-enship Two years later, in )%g%st, 1965, so#e #onths prior to R%#ania@s entry into the war
on the side of 1itler 4er#any, Marshal !on )ntonesc%, head of the new !ron 4%ard dictatorship,
declared all R%#anian $ews to be stateless, with the e.ception of the few h%ndred fa#ilies who
had been R%#anian citi-ens before the peace treaties That sa#e #onth, he also instit%ted anti0
$ewish legislation that was the severest in "%rope, 4er#any not e.cl%ded The privileged
categories, war veterans and $ews who had been R%#anians prior to 191J, co#prised no #ore
than ten tho%sand people, hardly #ore than one per cent of the whole gro%p 1itler hi#self was
aware that 4er#any was in danger of being o%tdone by R%#ania, and he co#plained to
4oebbels in )%g%st, 1961, a few weeks after he had given the order for the 'inal *ol%tion, that 9a
#an like )ntonesc% proceeds in these #atters in a far #ore radical fashion than we have done
%p to the present9
R%#ania entered the war in 'ebr%ary, 1961, and the R%#anian Aegion beca#e a #ilitary force to
be reckoned with in the co#ing invasion of R%ssia !n ?dessa alone, R%#anian soldiers were
1J9
responsible for the #assacre of si.ty tho%sand people !n contrast to the govern#ents of other
2alkan co%ntries, the R%#anian govern#ent had very e.act infor#ation fro# the very beginning
abo%t the #assacres of $ews in the "ast, and R%#anian soldiers, even after the !ron 4%ard had
been o%sted fro# the govern#ent, in the s%##er of 1961, e#barked %pon a progra# of
#assacres and deportations that even 9dwarfed the 2%charest o%tb%rst of the !ron 4%ard9 in
$an%ary of the sa#e year 0 a progra# that for sheer horror is %nparalleled in the whole
atrocitystricken
record <1ilberg> 7eportation R%#anian style consisted in herding five tho%sand people
into freight cars and letting the# die there of s%ffocation while the train traveled thro%gh the
co%ntryside witho%t plan or ai# for days on end; a favorite follow0%p to these killing operations
was to e.pose the corpses in $ewish b%tcher shops )lso, the horrors of R%#anian concentration
ca#ps, which were established and r%n by the R%#anians the#selves beca%se deportation to
the "ast was not feasible, were #ore elaborate and #ore atrocio%s than anything we know of in
4er#any +hen "ich#ann sent the c%sto#ary adviser on $ewish affairs, 1a%ptst%r#fMhrer
4%stav Richter, to 2%charest, Richter reported that )ntonesc% now wished to ship a h%ndred and
ten tho%sand $ews into 9two forests across the river 2%g,9 that is, into 4er#an0held R%ssian
territory, for li/%idation The 4er#ans were horrified, and everybody intervened8 the )r#y
co##anders, Rosenberg@s Ministry for ?cc%pied "astern Territories, the 'oreign ?ffice in 2erlin,
the Minister to 2%charest, 'reiherr Manfred von Dillinger 0 the last, a for#er high *) officer, a
personal friend of RNh#@s and therefore s%spect in the eyes of the **, was probably spied %pon
by Richter, who 9advised9 hi# on $ewish affairs ?n this #atter, however, they were all in
agree#ent "ich#ann hi#self i#plored the 'oreign ?ffice, in a letter dated )pril, 1962, to stop
these %norgani-ed and pre#at%re R%#anian efforts 9to get rid of the $ews9 at this stage; the
R%#anians #%st be #ade to %nderstand that 9the evac%ation of 4er#an $ews, which is already
in f%ll swing,9 had priority, and he concl%ded by threatening to 9bring the *ec%rity 3olice into
195
action9
1owever rel%ctant the 4er#ans were to give R%#ania a higher priority in the 'inal *ol%tion that
had originally been planned for any 2alkan co%ntry, they had to co#e aro%nd if they did not want
the sit%ation to deteriorate into bloody chaos, and, #%ch as "ich#ann #ay have en:oyed his
threat to %se the *ec%rity 3olice, the saving of $ews was not e.actly what they had been trained
for 1ence, in the #iddle of )%g%st 0 by which ti#e the R%#anians had killed close to three
h%ndred tho%sand of their $ews #ostly witho%t any 4er#an help 0 the 'oreign ?ffice concl%ded
an agree#ent with )ntonesc% 9for the evac%ation of $ews fro# R%#ania, to be carried o%t by
4er#an %nits,9 and "ich#ann began negotiations with the 4er#an railroads for eno%gh cars to
transport two h%ndred tho%sand $ews to the A%blin death ca#ps 2%t now, when everything was
ready and these great concessions had been granted, the R%#anians s%ddenly did an abo%tface
Aike a bolt fro# the bl%e, a letter arrived in 2erlin fro# the tr%sted Mr Richter0Marshal
)ntonesc% had changed his #ind; as )#bassador Dillinger reported, the Marshal now wanted to
get rid of $ews 9in a co#fortable #anner9 +hat the 4er#ans had not taken into acco%nt was that
this was not only a co%ntry with an inordinately high percentage of plain #%rderers, b%t that
R%#ania was also the #ost corr%pt co%ntry in the 2alkans *ide by side with the #assacres,
there had spr%ng %p a flo%rishing b%siness in e.e#ption sales, in which every branch of the
b%rea%cracy, national or #%nicipal, had happily engaged The govern#ent@s own specialty was
h%ge ta.es, which were levied hapha-ardly %pon certain gro%ps or whole co##%nities of $ews
Now it had discovered that one co%ld sell $ews abroad for hard c%rrency, so the R%#anians
beca#e the #ost fervent adherents of $ewish e#igration 0 at thirteen h%ndred dollars a head
This is how R%#ania ca#e to be one of the few o%tlets for $ewish e#igration to 3alestine d%ring
the war )nd as the Red )r#y drew nearer, )ntonesc% beca#e even #ore 9#oderate,9 he now
was willing to let $ews go witho%t any co#pensation
!t is a c%rio%s fact that )ntonesc%, fro# beginning to end, was not #ore 9radical9 than the Na-is
191
<as 1itler tho%ght>, b%t si#ply always a step ahead of 4er#an develop#ents 1e had been the
first to deprive all $ews of nationality, and he had started large0scale #assacres openly and
%nasha#edly at a ti#e when the Na-is were still b%sy trying o%t their first e.peri#ents 1e had hit
%pon the sales idea #ore than a year before 1i##ler offered 9blood for tr%cks,9 and he ended, as
1i##ler finally did, by calling the whole thing off as tho%gh it had been a :oke !n )%g%st, 1966,
R%#ania s%rrendered to the Red )r#y, and "ich#ann, specialist in evac%ation, was sent pell#ell
to the area in order to save so#e 9ethnic 4er#ans,9 witho%t s%ccess )bo%t half of
R%#ania@s eight h%ndred and fifty tho%sand $ews s%rvived, a great n%#ber of who# 0 several
h%ndred tho%sand 0 fo%nd their way to !srael Nobody knows how #any $ews are left in the
co%ntry today The R%#anian #%rderers were all d%ly e.ec%ted, and Dillinger co##itted s%icide
before the R%ssians co%ld lay their hands on hi#; only 1a%ptst%r#fMhrer a7 Richter, who, it is
tr%e, had never had a chance to get into the act, lived peacef%lly in 4er#any %ntil 1961, when he
beca#e a belated victi# of the "ich#ann trial
V!! 8 7eportations fro# (entral "%rope
1%ngary and *lovakia
1,N4)R&, #entioned earlier in connection with the tro%bleso#e /%estion of "ich#ann@s
conscience, was constit%tionally a kingdo# witho%t a king The co%ntry, tho%gh witho%t access to
the sea and possessing neither navy nor #erchant fleet, was r%led 0 or, rather, held in tr%st for the
none.istent king 0 by an ad#iral, Regent or Reichsverweser Nikola%s von 1orthy The only visible
sign of royalty was an ab%ndance of 1ofrLte, co%ncilors to the none.istent co%rt ?nce %pon a
ti#e, the 1oly Ro#an "#peror had been Ding of 1%ngary, and #ore recently, after 1J56, the
kaiserlichkNnigliche Monarchie on the 7an%be had been precario%sly held together by the
1apsb%rgs, who were e#perors <Daiser> of )%stria and kings of 1%ngary !n 191J, the 1apsb%rg
"#pire had been dissolved into *%ccessor *tates, and )%stria was now a rep%blic, hoping for
)nschl%ss, for %nion with 4er#any ?tto von 1apsb%rg was in e.ile, and he wo%ld never have
192
been accepted as Ding of 1%ngary by the fiercely nationalistic Magyars; an a%thentically
1%ngarian royalty, on the other hand, did not even e.ist as a historical #e#ory *o what 1%ngary
was, in ter#s of recogni-ed for#s of govern#ent, only )d#iral 1orthy knew
2ehind the del%sions of royal grande%r was an inherited fe%dal str%ct%re, with greater #isery
a#ong the landless peasants and greater l%.%ry a#ong the few aristocratic fa#ilies who literally
owned the co%ntry than anywhere else in these poverty0stricken territories, the ho#eland of
"%rope@s stepchildren !t was this backgro%nd of %nsolved social /%estions and general
backwardness that gave 2%dapest society its specific flavor, as tho%gh 1%ngarians were a gro%p
of ill%sionists who had fed so long on self0deception that they had lost any sense of incongr%ity
"arly in the thirties, %nder the infl%ence of !talian 'ascis#, they had prod%ced a strong 'ascist
#ove#ent, the so0called )rrow (ross #en, and in 193J they followed !taly by passing their first
anti0$ewish legislation; despite the strong infl%ence of the (atholic (h%rch in the co%ntry, the
r%lings applied to bapti-ed $ews who had been converted after 1919, and even those converted
before that date were incl%ded three years later )nd yet, when an all0incl%sive anti0*e#itis#,
based on race, had beco#e official govern#ent policy, eleven $ews contin%ed to sit in the %pper
cha#ber of the 3arlia#ent, and 1%ngary was the only ).is co%ntry to send $ewish troops 0 a
h%ndred and thirty tho%sand of the#, in a%.iliary service, b%t in 1%ngarian %nifor# 0 to the
"astern front The e.planation of these inconsistencies is that the 1%ngarians, their official policy
notwithstanding, were even #ore e#phatic than other co%ntries in disting%ishing between native
$ews and ?st:%den, between the 9Magyari-ed9 $ews of 9Trianon 1%ngary9 <established, like the
other *%ccessor *tates, by the Treaty of Trianon> and those of recently anne.ed territories
1%ngary@s sovereignty was respected by the Na-i govern#ent %ntil March, 1966, with the res%lt
that for $ews the co%ntry beca#e an island of safety in 9an ocean of destr%ction9 +hile it is
%nderstandable eno%gh that 0 with the Red )r#y approaching thro%gh the (arpathian Mo%ntains
and the 1%ngarian govern#ent desperately trying to follow the e.a#ple of !taly and concl%de a
193
separate ar#istice 0 the 4er#an govern#ent sho%ld have decided to occ%py the co%ntry, it is
al#ost incredible that at this stage of the ga#e it sho%ld still have been 9the order of the day to
co#e to grips with the $ewish proble#,9 the 9li/%idation9 of which was 9a prere/%isite for involving
1%ngary in the war,9 as =eesen#ayer p%t it in a report to the 'oreign ?ffice in 7ece#ber, 1963
'or the 9li/%idation9 of this 9proble#9 involved the evac%ation of eight h%ndred tho%sand $ews,
pl%s an esti#ated h%ndred or h%ndred and fifty tho%sand converted $ews
2e that as it #ay, as ! have said earlier, beca%se of the greatness and the %rgency of the task
"ich#ann arrived in 2%dapest in March, 1966, with his whole staff, which he co%ld easily
asse#ble, since the :ob had been finished everywhere else 1e called +isliceny and 2r%nner
fro# *lovakia and 4reece, )bro#eit fro# &%goslavia, 7annecker fro# 3aris and 2%lgaria,
*iegfried *eidl fro# his post as (o##ander of Theresienstadt, and, fro# =ienna, 1er#ann
Dr%#ey, who beca#e his dep%ty in 1%ngary 'ro# 2erlin, he bro%ght all the #ore i#portant
#e#bers of his office staff8 Rolf 4Mnther, who had been his chief dep%ty; 'ran- Novak, his
deportation officer; and ?tto 1%nsche, his legal e.pert Th%s, the *ondereinsat-ko##ando
"ich#ann <"ich#ann *pecial ?peration ,nit> consisted of abo%t ten #en, pl%s so#e clerical
assistants, when it set %p its head/%arters in 2%dapest ?n the very evening of their arrival,
"ich#ann and his #en invited the $ewish leaders to a conference, to pers%ade the# to for# a
$ewish (o%ncil, thro%gh which they co%ld iss%e their orders and to which they wo%ld give, in
ret%rn, absol%te :%risdiction over all $ews in 1%ngary This was no easy trick at this #o#ent and
in that place !t was a ti#e when, in the words of the 3apal N%ncio, 9the whole world knew what
deportation #eant in practice9; in 2%dapest, #oreover, the $ews had 9had a %ni/%e opport%nity to
follow the fate of "%ropean $ewry +e knew very well abo%t the work of the "insat-gr%ppen +e
knew #ore than was necessary abo%t )%schwit-,9 as 7r Dastner was to testify at N%re#berg
(learly, #ore than "ich#ann@s allegedly 9hypnotic powers9 was needed to convince anyone that
196
the Na-is wo%ld recogni-e the sacred distinction between 9Magyari-ed9 and "astern $ews;
selfdeception
had to have been developed to a high art to allow 1%ngarian $ewish leaders to believe
at this #o#ent that 9it can@t happen here9 0 91ow can they send the $ews of 1%ngary o%tside
1%ngaryC9 0 and to keep believing it even when the realities contradicted this belief every day of
the week 1ow this was achieved ca#e to light in one of the #ost re#arkable non se/%it%rs
%ttered on the witness stand8 the f%t%re #e#bers of the (entral $ewish (o##ittee <as the $ewish
(o%ncil was called in 1%ngary> had heard fro# neighboring *lovakia that +isliceny, who was
now negotiating with the#, accepted #oney readily, and they also knew that despite all bribes he
9had deported all the $ews in *lovakia9 'ro# which Mr 're%diger concl%ded8 9! %nderstood
that it was necessary to find ways and #eans to establish relationships with +isliceny9
"ich#ann@s cleverest trick in these diffic%lt negotiations was to see to it that he and his #en acted
as tho%gh they were corr%pt The president of the $ewish co##%nity, 1ofrat *a#%el *tern, a
#e#ber of 1orthy@s 3rivy (o%ncil, was treated with e./%isite co%rtesy and agreed to be head of
the $ewish (o%ncil 1e and the other #e#bers of the (o%ncil felt reass%red when they were
asked to s%pply typewriters and #irrors, wo#en@s lingerie and ea% de cologne, original +attea%s
and eight pianos 0 even tho%gh seven of these were gracef%lly ret%rned by 1a%ptst%r#fMhrer
Novak, who re#arked, 92%t, gentle#en, ! don@t want to open a piano store ! only want to play the
piano9 "ich#ann hi#self visited the $ewish Aibrary and the $ewish M%se%#, and ass%red
everybody that all #eas%res wo%ld be te#porary )nd corr%ption, first si#%lated as a trick, soon
t%rned o%t to be real eno%gh, tho%gh it did not take the for# the $ews had hoped Nowhere else
did $ews spend so #%ch #oney witho%t any res%lts whatever !n the words of the strange Mr
Dastner, 9) $ew who tre#bles for his life and that of his fa#ily loses all sense of #oney9 <*icO>
This was confir#ed d%ring the trial thro%gh testi#ony given by 3hilip von 're%diger, #entioned
above, as well as thro%gh the testi#ony of $oel 2rand, who had represented a rival $ewish body
19B
in 1%ngary, the Kionist Relief and Resc%e (o##ittee Dr%#ey received no less than two h%ndred
and fifty tho%sand dollars fro# 're%diger in )pril, 1966, and the Resc%e (o##ittee paid twenty
tho%sand dollars #erely for the privilege of #eeting with +isliceny and so#e #en of the **
(o%nterintelligence service )t this #eeting, each of those present received an additional tip of a
tho%sand dollars, and +isliceny bro%ght %p again the so0called "%rope 3lan, which he had
proposed in vain in 1962 and according to which 1i##ler s%pposedly wo%ld be prepared to spare
all $ews e.cept those in 3oland for a ranso# of two or three #illion dollars ?n the strength of
this proposal, which had been shelved long before, the $ews now started paying install#ents to
+isliceny "ven "ich#ann@s 9idealis#9 broke down in this land of %nheard0of ab%ndance The
prosec%tion, tho%gh it co%ld not prove that "ich#ann had profited financially while on the :ob,
stressed rightly his high standard of living in 2%dapest, where he co%ld afford to stay at one of the
best hotels, was driven aro%nd by a cha%ffe%r in an a#phibio%s car, an %nforgettable gift fro# his
later ene#y D%rt 2echer, went h%nting and horseback riding, and en:oyed all sorts of previo%sly
%nknown l%.%ries %nder the t%telage of his new friends in the 1%ngarian govern#ent
There e.isted, however, a si-able gro%p of $ews in the co%ntry whose leaders, at least, ind%lged
less in self0deception The Kionist #ove#ent had always been partic%larly strong in 1%ngary, and
it now had its own representation in the recently for#ed Relief and Resc%e (o##ittee <the
=aadat "-ra va 1a-alah>, which, #aintaining close contact with the 3alestine ?ffice, had helped
ref%gees fro# 3oland and *lovakia, fro# &%goslavia and R%#ania; the co##ittee was in
constant co##%nication with the )#erican $oint 7istrib%tion (o##ittee, which financed their
work, and they had also been able to get a few $ews into 3alestine, legally or illegally Now that
catastrophe had co#e to their own co%ntry, they t%rned to forging 9(hristian papers,9 certificates
of baptis#, whose bearers fo%nd it easier to go %ndergro%nd +hatever else they #ight have
been, the Kionist leaders knew they were o%tlaws, and they acted accordingly $oel 2rand, the
%nl%cky e#issary who was to present to the )llies, in the #idst of the war, 1i##ler@s proposal to
196
give the# a #illion $ewish lives in e.change for ten tho%sand tr%cks, was one of the leading
officials of the Relief and Resc%e (o##ittee, and he ca#e to $er%sale# to testify abo%t his
dealings with "ich#ann, as did his for#er rival in 1%ngary, 3hilip von 're%diger +hile 're%diger,
who# "ich#ann, incidentally, did not re#e#ber at all, recalled the r%deness with which he had
been treated at these interviews, 2rand@s testi#ony act%ally s%bstantiated #%ch of "ich#ann@s
own acco%nt of how he had negotiated with the Kionists 2rand had been told that 9an idealistic
4er#an9 was now talking to hi#, 9an idealistic $ew9 0 two honorable ene#ies #eeting as e/%als
d%ring a l%ll in the battle "ich#ann had said to hi#8 9To#orrow perhaps we shall again be on the
battlefield9 !t was, of co%rse, a horrible co#edy, b%t it did go to show that "ich#ann@s weakness
for %plifting phrases with no real #eaning was not a pose fabricated e.pressly for the $er%sale#
trial +hat is #ore interesting, one cannot fail to note that in #eeting with the Kionists neither
"ich#ann nor any other #e#ber of the *ondereinsat-ko##ando e#ployed the tactics of sheer
lying that they had %sed for the benefit of the gentle#en of the $ewish (o%ncil "ven 9lang%age
r%les9 were s%spended, and #ost of the ti#e a spade was called a spade Moreover, when it was
a /%estion of serio%s negotiations 0 over the a#o%nt of #oney that #ight b%y an e.it per#it, over
the "%rope 3lan, over the e.change of lives for tr%cks 0 not only "ich#ann b%t everybody
concerned8 +isliceny, 2echer, the gentle#en of the (o%nterintelligence service who# $oel 2rand
%sed to #eet every #orning in a coffee ho%se, t%rned to the Kionists as a #atter of co%rse The
reason for this was that the Relief and Resc%e (o##ittee possessed the re/%ired international
connections and co%ld #ore easily prod%ce foreign c%rrency, whereas the #e#bers of the
$ewish (o%ncil had nothing behind the# b%t the #ore than d%bio%s protection of Regent 1orthy
!t also beca#e clear that the Kionist f%nctionaries in 1%ngary had received greater privileges than
the %s%al te#porary i##%nity to arrest and deportation granted the #e#bers of the $ewish
(o%ncil The Kionists were free to co#e and go practically as they pleased, they were e.e#pt
fro# wearing the yellow star, they received per#its to visit concentration ca#ps in 1%ngary, and,
19H
so#ewhat later, 7r Dastner, the original fo%nder of the Relief and Resc%e (o##ittee, co%ld
even travel abo%t Na-i 4er#any witho%t any identification papers showing he was a $ew
The organi-ation of a $ewish (o%ncil was for "ich#ann, with all his e.perience in =ienna,
3rag%e, and 2erlin, a ro%tine #atter that took no #ore than two weeks The /%estion now was
whether he hi#self wo%ld be able to enlist the help of 1%ngarian officials for an operation of this
#agnit%de 'or hi# this was so#ething new !n the ordinary co%rse of events, it wo%ld have been
handled for hi# by the 'oreign ?ffice and its representatives, in this instance, by the newly
appointed Reich plenipotentiary, 7r "d#%nd =eesen#ayer, to who# "ich#ann wo%ld have sent
a 9$ewish adviser9 "ich#ann hi#self clearly had no inclination for playing the role of adviser, a
post that had nowhere carried a rank higher than 1a%ptst%r#fMhrer, or captain, whereas he was
an ?berst%r#bannfMhrer, or lie%tenant colonel, two ranks higher 1is greatest tri%#ph in 1%ngary
was that he co%ld establish his own contacts Three #en were pri#arily concerned 0 APs-lo
"ndre, who beca%se of an anti0*e#itis# that even 1orthy had called 9insane9 had recently been
appointed *tate *ecretary in (harge of 3olitical <$ewish> )ffairs in the Ministry of the !nterior;
APs-lo 2aky, also an %ndersecretary in the Ministry of the !nterior, who was in charge of the
4er%lar#erie, the 1%ngarian police; and the police officer Aie%tenant (olonel 'erenc-y, who was
directly in charge of deportations +ith their help, "ich#ann co%ld be s%re that everything, the
iss%ance of the necessary decrees and the concentration of the $ews in the provinces, wo%ld
proceed with 9lightning speed9 !n =ienna, a special conference was held with the 4er#an *tate
Railroad officials, since this #atter involved the transportation of nearly half a #illion people
1Nss, at )%schwit-, was infor#ed of the plans thro%gh his own s%perior, 4eneral Richard 4lMcks
of the +=1), and ordered a new branch line of the railway b%ilt, to bring the cars within a few
yards of the cre#atoria; the n%#ber of death co##andos #anning the gas cha#bers was
increased fro# 226 to J65, so that everything was ready for killing between si. tho%sand and
twelve tho%sand people a day +hen the trains began arriving, in May, 1966, very few 9ablebodied
19J
#en9 were selected for labor, and these few worked in Dr%pp@s f%se factory at )%schwit-
<Dr%pp@s newly b%ilt factory near 2resla%, in 4er#any, the 2erthawerk, collected $ewish
#anpower wherever it co%ld find it and kept those #en in conditions that were %ns%rpassed even
a#ong the labor gangs in the death ca#ps>
The whole operation in 1%ngary lasted less than two #onths and ca#e to a s%dden stop at the
beginning of $%ly Thanks chiefly to the Kionists, it had been better p%blici-ed than any other
phase of the $ewish catastrophe, and 1orthy had been del%ged with protests fro# ne%tral
co%ntries and fro# the =atican The 3apal N%ncio, tho%gh, dee#ed it appropriate to e.plain that
the =atican@s protest did not spring 9fro# a false sense of co#passion9 0 a phrase that is likely to
be a lasting #on%#ent to what the contin%ed dealings with, and the desire to co#pro#ise with,
the #en who preached the gospel of 9r%thless to%ghness9 had done to the #entality of the
highest dignitaries of the (h%rch *weden once #ore led the way with regard to practical
#eas%res, by distrib%ting entry per#its, and *wit-erland, *pain, and 3ort%gal followed her
e.a#ple, so that finally abo%t thirty0three tho%sand $ews were living in special ho%ses in
2%dapest %nder the protection of ne%tral co%ntries The )llies had received and #ade p%blic a list
of seventy #en who# they knew to be the chief c%lprits, and Roosevelt had sent an %lti#at%#
threatening that 91%ngary@s fate will not be like any other civili-ed nation %nless the
deportations are stopped9 The point was driven ho#e by an %n%s%ally heavy air raid on
2%dapest on $%ly 2 Th%s pressed fro# all sides, 1orthy gave the order to stop the deportations,
and one of the #ost da#ning pieces of evidence against "ich#ann was the rather obvio%s fact
that he had not obeyed 9the old fool@s9 order b%t, in #id0$%ly, deported another fifteen h%ndred
$ews who were at hand in a concentration ca#p near 2%dapest To prevent the $ewish officials
fro# infor#ing 1orthy, he asse#bled the #e#bers of the two representative bodies in his office,
where 7r 1%nsche detained the#, on vario%s prete.ts, %ntil he learned that the train had left
1%ngarian territory "ich#ann re#e#bered nothing of this episode, in $er%sale#, and altho%gh
199
the :%dges were 9convinced that the acc%sed re#e#bers his victory over 1orthy very well,9 this is
do%btf%l, since to "ich#ann 1orthy was not s%ch a great personage
This see#s to have been the last train that left 1%ngary for )%schwit- !n )%g%st, 1966, the Red
)r#y was in R%#ania, and "ich#ann was sent there on his wild0goose chase +hen he ca#e
back, the 1orthy regi#e had gathered s%fficient co%rage to de#and the withdrawal of the
"ich#ann co##ando, and "ich#ann hi#self asked 2erlin to let hi# and his #en ret%rn, since
they 9had beco#e s%perfl%o%s9 2%t 2erlin did nothing of the sort, and was proved right, for in
#id0?ctober the sit%ation once #ore changed abr%ptly +ith the R%ssians no #ore than a
h%ndred #iles fro# 2%dapest, the Na-is s%cceeded in overthrowing the 1orthy govern#ent and
in appointing the leader of the )rrow (ross #en, 'erenc *-alasi, head of state No #ore
transports co%ld be sent to )%schwit-, since the e.ter#ination facilities were abo%t to be
dis#antled, while at the sa#e ti#e the 4er#an shortage of labor had grown even #ore
desperate Now it was =eesen#ayer, the Reich plenipotentiary, who negotiates with the
1%ngarian Ministry of the !nterior for per#ission to ship fifty tho%sand $ews 0 #en between
si.teen and si.ty, and wo#en %nder forty 0 to the Reich; he added in his report that "ich#ann
hoped to send fifty tho%sand #ore *ince railroad facilities no longer e.isted, this led to the foot
#arches of Nove#ber, 1966, which were stopped only by an order fro# 1i##ler The $ews who
were sent on the #arches had been arrested at rando# by the 1%ngarian police, regardless of
e.e#ptions, to which by now #any were entitled, regardless also of the age li#its specified in the
original directives The #archers were escorted by )rrow (ross #en, who robbed the# and
treated the# with the %t#ost br%tality )nd that was the end ?f an original $ewish pop%lation of
eight h%ndred tho%sand, so#e h%ndred and si.ty tho%sand #%st still have re#ained in the
2%dapest ghetto 0 the co%ntryside was :%denrein 0 and of these tens of tho%sands beca#e victi#s
of spontaneo%s pogro#s ?n 'ebr%ary 13, 196B, the co%ntry s%rrendered to the Red )r#y
The chief 1%ngarian c%lprits in the #assacre were all p%t on trial, conde#ned to death, and
255
e.ec%ted None of the 4er#an initiators, e.cept "ich#ann, paid with #ore than a few years in
prison
*A?=)D!), like (roatia, was an invention of the 4er#an 'oreign ?ffice The *lovaks had co#e
to 2erlin to negotiate their 9independence9 even before the 4er#ans occ%pied (-echoslovakia, in
March, 1939, and at that ti#e they had pro#ised 4Nring that they wo%ld follow 4er#any faithf%lly
in their handling of the $ewish /%estion 2%t this had been in the winter of 193J039, when no one
had yet heard of s%ch a thing as the 'inal *ol%tion The tiny co%ntry, with a poor peasant
pop%lation of abo%t two and a half #illion and with ninety tho%sand $ews, was pri#itive,
backward, and deeply (atholic !t was r%led at the ti#e by a (atholic priest, 'ather $osef Tiso
"ven its 'ascist #ove#ent, the 1linka 4%ard, was (atholic in o%tlook, and the vehe#ent anti0
*e#itis# of these clerical 'ascists or 'ascist clerics differed in both style and content fro# the
%ltra#odern racis# of their 4er#an #asters There was only one #odern anti0*e#ite in the
*lovak govern#ent, and that was "ich#ann@s good friend *ano Mach, Minister of the !nterior )ll
the others were (hristians, or tho%ght they were, whereas the Na-is were in principle, of co%rse,
as anti0(hristian as they were anti0$ewish The *lovaks@ being (hristians #eant not only that they
felt obliged to e#phasi-e what the Na-is considered an 9obsolete9 distinction between bapti-ed
and nonbapti-ed $ews, b%t also that they tho%ght of the whole iss%e in #edieval ter#s 'or the#
a 9sol%tion9 consisted in e.pelling the $ews and inheriting their property b%t not in syste#atic
9e.ter#inating,9 altho%gh they did not #ind occasional killing The greatest 9sin9 of the $ews was
not that they belonged to an alien 9race9 b%t that they were rich The $ews in *lovakia were not
very rich by +estern standards, b%t when fifty0two tho%sand of the# had to declare their
possessions beca%se they owned #ore than two h%ndred dollars@ worth, and it t%rned o%t that
their total property a#o%nted to a h%ndred #illion dollars, every single one of the# #%st have
looked to the *lovaks like an incarnation of (roes%s
7%ring their first year and a half of 9independence,9 the *lovaks were b%sy trying to solve the
251
$ewish /%estion according to their own lights They transferred the larger $ewish enterprises to
non0$ews, enacted so#e anti0$ewish legislation, which, according to the 4er#ans, had the 9basic
defect9 of e.e#pting bapti-ed $ews who had been converted prior to 191J, planned to set %p
ghettos 9following the e.a#ple of the 4eneral 4overn#ent,9 and #obili-ed $ews for forced labor
=ery early, in *epte#ber, 1965, they had been given a $ewish adviser; 1a%ptst%r#fMhrer 7ieter
+isliceny, once "ich#ann@s greatly ad#ired s%perior and friend in the *ec%rity *ervice <his
eldest son was na#ed 7ieter> and now his e/%al in rank, was attached to the 4er#an legation in
2ratislava +isliceny did not #arry and, therefore, co%ld not be pro#oted f%rther, so a year later
he was o%tranked by "ich#ann and beca#e his s%bordinate "ich#ann tho%ght that this #%st
have rankled with hi#, and that it helped e.plain why he had given s%ch da#ning evidence
against hi# as witness in the N%re#berg Trials, and had even offered to find o%t his hiding place
2%t this is do%btf%l +isliceny probably was interested only in saving his own skin, he was %tterly
%nlike "ich#ann 1e belonged to the ed%cated strat%# of the **, lived a#ong books and
records, had hi#self addressed as 92aron9 by the $ews in 1%ngary, and, generally, was #%ch
#ore concerned with #oney than worried abo%t his career; conse/%ently, he was one of the very
first in the ** to develop 9#oderate9 tendencies
Nothing #%ch happened in *lovakia d%ring these early years, %ntil March, 1962, when "ich#ann
appeared in 2ratislava to negotiate the evac%ation of twenty tho%sand 9yo%ng and strong labor
$ews9 'o%r weeks later, 1eydrich hi#self ca#e to see the 3ri#e Minister, =o:tek T%ka, and
pers%aded hi# to let all $ews be resettled in the "ast, incl%ding the converted $ews who had th%s
far been e.e#pted The govern#ent, with a priest at its head, did not at all #ind correcting the
9basic defect9 of disting%ishing between (hristians and $ews on the gro%nds of religion when it
learned that 9no clai# was p%t forward by the 4er#ans in regard to the property of these $ews
e.cept the pay#ent of five h%ndred Reichs#arks in e.change for each $ew received9; on the
contrary, the govern#ent de#anded an additional g%aranty fro# the 4er#an 'oreign ?ffice that
252
9$ews re#oved fro# *lovakia and received by Ethe 4er#ansF wo%ld stay in the "astern areas
forever, and wo%ld not be given an opport%nity of ret%rning to *lovakia9 To follow %p these
negotiations on the highest level, "ich#ann paid a second visit to 2ratislava, the one that
coincided with 1eydrich@s assassination, and by $%ne, 1962, fifty0two tho%sand $ews had been
deported by the *lovak police to the killing centers in 3oland
There were still so#e thirty0five tho%sand $ews left in the co%ntry, and they all belonged to the
originally e.e#pted categories 0 converted $ews and their parents, #e#bers of certain
professions, yo%ng #en in forced labor battalions, a few b%siness#en !t was at this #o#ent,
when #ost of the $ews had already been 9resettled,9 that the 2ratislava $ewish Relief and
Resc%e (o##ittee, a sister body of the 1%ngarian Kionist gro%p, s%cceeded in bribing +isliceny,
who pro#ised to help to slow down the pace of the deportations, and who also proposed the socalled
"%rope 3lan, which he was to bring %p again later in 2%dapest !t is very %nlikely that
+isliceny ever did anything e.cept read books and listen to #%sic, and, of co%rse, accept
whatever he co%ld get 2%t it was :%st at this #o#ent that the =atican infor#ed the (atholic
clergy of the tr%e #eaning of the word 9resettle#ent9 'ro# then on, as the 4er#an )#bassador,
1ans "lard A%din, reported to the 'oreign ?ffice in 2erlin, the deportations beca#e very
%npop%lar, and the *lovak govern#ent began pressing the 4er#ans for per#ission to visit the
9resettle#ent9 centers 0 which, of co%rse, neither +isliceny nor "ich#ann co%ld grant, since the
9resettled9 $ews were no longer a#ong the living !n 7ece#ber, 1963, 7r "d#%nd =eesen#ayer
ca#e to 2ratislava to see 'ather Tiso hi#self; he had been sent by 1itler and his orders specified
that he sho%ld tell Tiso 9to co#e down to earth9 <'rakt%r #it ih# reden> Tiso pro#ised to p%t
between si.teen and eighteen tho%sand %nconverted $ews in concentration ca#ps and to
establish a special ca#p for abo%t ten tho%sand bapti-ed $ews, b%t he did not agree to
deportations !n $%ne, 1966, =eesen#ayer, now Reich plenipotentiary in 1%ngary, appeared
again, and de#anded that the re#aining $ews in the co%ntry be incl%ded in the 1%ngarian
253
operations Tiso ref%sed again
!n )%g%st, 1966, as the Red )r#y drew near, a f%ll0fledged revolt broke o%t in *lovakia, and the
4er#ans occ%pied the co%ntry 2y this ti#e, +isliceny was in 1%ngary, and he probably was no
longer tr%sted anyway The R*1) sent )lois 2r%nner to 2ratislava to arrest and deport the
re#aining $ews 2r%nner first arrested and deported the officials of the Relief and Resc%e
(o##ittee, and then, this ti#e with the help of 4er#an ** %nits, deported another twelve or
fo%rteen tho%sand people ?n )pril 6, 196B, when the R%ssians arrived in 2ratislava, there were
perhaps twenty tho%sand $ews left who had s%rvived the catastrophe
V!!! 8 The Dilling (enters in the "ast
+hen the Na-is spoke of the "ast, they #eant a h%ge area that e#braced 3oland, the 2altic
*tates, and occ%pied R%ssian territory !t was divided into fo%r ad#inistrative %nits8 the
+arthega%, consisting of the 3olish +estern Regions anne.ed to the Reich, %nder 4a%leiter
)rt%r 4reiser; the ?stland, incl%ding Aith%ania, Aatvia, and "stonia, and the rather indefinite area
of +hite R%ssia, with Riga as the seat of the occ%pation a%thorities; the 4eneral 4overn#ent of
central 3oland, %nder 1ans 'rank; and the ,kraine, %nder )lfred Rosenberg@s Ministry for the
?cc%pied "astern Territories These were the first co%ntries on which testi#ony was presented in
the case for the prosec%tion, and they were the last to be dealt with in the :%dg#ent
No do%bt both the prosec%tion and the :%dges had e.cellent reasons for their opposite decisions
The "ast was the central scene of $ewish s%ffering, the gr%eso#e ter#inal of all deportations, the
place fro# which there was hardly ever any escape and where the n%#ber of s%rvivors rarely
reached #ore than five per cent The "ast, #oreover, had been the center of the prewar $ewish
pop%lation in "%rope; #ore than three #illion $ews had lived in 3oland, two h%ndred and si.ty
tho%sand in the 2altic states, and #ore than half of the esti#ated three #illion R%ssian $ews in
+hite R%ssia, the ,kraine, and the (ri#ea *ince the prosec%tion was interested pri#arily in the
s%ffering of the $ewish people and 9the di#ensions of the genocide9 atte#pted %pon it, it was
256
logical to start here, and then see how #%ch specific responsibility for this %n#itigated hell co%ld
be bla#ed %pon the acc%sed The tro%ble was that the evidence relating "ich#ann to the "ast
was 9scanty,9 and this was bla#ed on the fact that the 4estapo files, and partic%larly the files of
"ich#ann@s section, had been destroyed by the Na-is This scarcity of doc%#entary evidence
gave the prosec%tion a probably welco#e prete.t for calling an endless procession of witnesses
to testify to events in the "ast, tho%gh this was hardly its only reason for doing so The
prosec%tion 0 as had been hinted d%ring the trial b%t was f%lly described later <in the special
2%lletin iss%ed in )pril, 1962, by &ad =ashe#, the !sraeli archive on the Na-i period> 0 had been
%nder considerable press%re fro# !sraeli s%rvivors, who constit%te abo%t twenty per cent of the
present pop%lation of the co%ntry They had flocked spontaneo%sly to the trial a%thorities and also
to &ad =ashe#, which had been officially co##issioned to prepare so#e of the doc%#entary
evidence, to offer the#selves as witnesses The worst cases of 9strong i#agination,9 people who
had 9seen "ich#ann at vario%s places where he had never been,9 were weeded o%t, b%t fifty0si.
9s%fferings0of0the0$ewish0people witnesses,9 as the trial a%thorities called the#, were finally p%t
on the stand, instead of so#e fifteen or twenty 9backgro%nd witnesses,9 as originally planned;
twenty0three sessions, o%t of a total of a h%ndred and twenty0one, were entirely devoted to
9backgro%nd,9 which #eant they had no apparent bearing %pon the case Tho%gh the witnesses
for the prosec%tion were hardly ever cross0e.a#ined by either the defense or the :%dges, the
:%dg#ent did not accept evidence that had bearing on "ich#ann %nless it was given so#e other
corroboration <Th%s, the :%dges ref%sed to charge "ich#ann with the #%rder of the $ewish boy in
1%ngary; or with having instigated the Dristallnacht in 4er#any and )%stria, of which he certainly
knew nothing at the ti#e and, even in $er%sale#, knew considerably less than the least wellinfor#ed
st%dent of the period; or with the #%rder of ninety0three children of Aidice, who, after
1eydrich@s assassination, were deported to ASd-, since 9it has not been proved beyond
reasonable do%bt, according to the evidence before %s, that they were #%rdered9; or with
25B
responsibility for the hideo%s operations of ,nit 155B, 9a#ongst the #ost horrifying parts of all the
evidence s%b#itted by the prosec%tion,9 which had had the task of opening the #ass graves in
the "ast and disposing of the corpses in order to efface all traces of sla%ghter, and was
co##anded by *tandartenfMhrer 3a%l 2lobel, who, according to his own testi#ony at
N%re#berg, took orders fro# MMller, the head of *ection != of the R*1); or with the dreadf%l
conditions %nder which $ews left alive in the e.ter#ination ca#ps were evac%ated to 4er#an
concentration ca#ps, especially to 2ergen02elsen, d%ring the last #onths of the war> The gist of
the backgro%nd witnesses@ testi#ony abo%t conditions in the 3olish ghettos, abo%t proced%res in
the vario%s death ca#ps, abo%t forced labor and, generally, the atte#pt to e.ter#inate thro%gh
labor, was never in disp%te; on the contrary, there was hardly anything in what they told that had
not been known before !f "ich#ann@s na#e was #entioned at all, it obvio%sly was hearsay
evidence, 9r%#ors testified to,9 hence witho%t legal validity The testi#ony of all witnesses who
had 9seen hi# with their own eyes9 collapsed the #o#ent a /%estion was addressed to the#,
and the :%dg#ent fo%nd 9that the center of gravity of his activities was within the Reich itself, the
3rotectorate, and in the co%ntries of "%rope to the west, north, so%th, so%theast and (entral
"%rope9 0 that is, everywhere e.cept in the "ast +hy, then, did the co%rt not waive these
hearings, which lasted for weeks and #onths on endC !n disc%ssing this /%estion, the :%dg#ent
was so#ewhat apologetic, and finally gave an e.planation that was c%rio%sly inconsistent8 9*ince
the acc%sed denied all the co%nts in the indict#ent,9 the :%dges co%ld not dis#iss 9evidence on
the fact%al backgro%nd9 The acc%sed, however, had never denied these facts in the indict#ent,
he had only denied that he was responsible for the# 9in the sense of the indict#ent9
)ct%ally, the :%dges were faced with a highly %npleasant dile##a )t the very beginning of the
trial, 7r *ervati%s had i#p%gned the i#partiality of the :%dges; no $ew, in his opinion, was
/%alified to sit in :%dg#ent on the i#ple#enters of the 'inal *ol%tion, and the presiding :%dge had
replied8 9+e are professional :%dges, %sed and acc%sto#ed to weighing evidence bro%ght before
256
%s and to doing o%r work in the p%blic eye and s%b:ect to p%blic criticis# +hen a co%rt sits in
:%dg#ent, the :%dges who co#pose it are h%#an beings, are flesh and blood, with feelings and
senses, b%t they are obliged by the law to restrain those feelings and senses ?therwise, no
:%dge co%ld ever be fo%nd to try a cri#inal case where his abhorrence #ight be aro%sed !t
cannot be denied that the #e#ory of the Na-i holoca%st stirs every $ew, b%t while this case is
being tried before %s it will be o%r d%ty to restrain these feelings, and this d%ty we shall honor9
+hich was good and fair eno%gh, %nless 7r *ervati%s #eant to i#ply that $ews #ight lack a
proper %nderstanding of the proble# their presence ca%sed in the #idst of the nations of the
world, and hence wo%ld fail to appreciate a 9final sol%tion9 of it 2%t the irony of the sit%ation was
that in case he had felt inclined to #ake this arg%#ent, he co%ld have been answered that the
acc%sed, according to his own, e#phatically repeated testi#ony, had learned all he knew abo%t
the $ewish /%estion fro# $ewish0Kionist a%thors, fro# the 9basic books9 of Theodor 1er-l and
)dolf 2Nh# +ho, then, co%ld be better /%alified to try hi# than these three #en, who had all
been Kionists since their early yo%thC
!t was not with respect to the acc%sed, then, b%t with respect to the backgro%nd witnesses that
the fact of the $ewishness of the :%dges, of their living in a co%ntry where every fifth person was a
s%rvivor, beca#e ac%te and tro%bleso#e Mr 1a%sner had gathered together a 9tragic #%ltit%de9
of s%fferers, each of the# eager not to #iss this %ni/%e opport%nity, each of the# convinced of
his right to his day in co%rt The :%dges #ight, and did, /%arrel with the prosec%tor abo%t the
wisdo# and even the appropriateness of %sing the occasion for 9painting general pict%res,9 b%t
once a witness had taken the stand, it was diffic%lt indeed to interr%pt hi#, to c%t short s%ch
testi#ony, 9beca%se of the honor of the witness and beca%se of the #atters abo%t which he
speaks,9 as $%dge Aanda% p%t it +ho were they, h%#anly speaking, to deny any of these people
their day in co%rtC )nd who wo%ld have dared, h%#anly speaking, to /%estion their veracity as to
detail when they 9po%red o%t their hearts as they stood in the witness bo.,9 even tho%gh what
25H
they had to tell co%ld only 9be regarded as by0prod%cts of the trial9C
There was an additional diffic%lty !n !srael, as in #ost other co%ntries, a person appearing in
co%rt is dee#ed innocent %ntil proved g%ilty 2%t in the case of "ich#ann this was an obvio%s
fiction !f he had not been fo%nd g%ilty before he appeared in $er%sale#, g%ilty beyond any
reasonable do%bt, the !sraelis wo%ld never have dared, or wanted, to kidnap hi#; 3ri#e Minister
2en04%rion, e.plaining to the 3resident of )rgentina, in a letter dated $%ne 3, 1965, why !srael
had co##itted a 9for#al violation of )rgentine law,9 wrote that 9it was "ich#ann who organi-ed
the #ass #%rder Eof si. #illion of o%r peopleF, on a gigantic and %nprecedented scale, thro%gho%t
"%rope9 !n contrast to nor#al arrests in ordinary cri#inal cases, where s%spicion of g%ilt #%st be
proved to be s%bstantial and reasonable b%t not beyond reasonable do%bt 0 that is the task of the
ens%ing trial 0 "ich#ann@s illegal arrest co%ld be :%stified, and was :%stified in the eyes of the
world, only by the fact that the o%tco#e of the trial co%ld be safely anticipated 1is role in the
'inal *ol%tion, it now t%rned o%t, had been wildly e.aggerated 0 partly beca%se of his own
boasting, partly beca%se the defendants at N%re#berg and in other postwar trials had tried to
e.c%lpate the#selves at his e.pense, and chiefly beca%se he had been in close contact with
$ewish f%nctionaries, since he was the one 4er#an official who was an 9e.pert in $ewish affairs9
and in nothing else The prosec%tion, basing its case %pon s%fferings that were not a bit
e.aggerated, had e.aggerated the e.aggeration beyond rhy#e or reason 0 or so one tho%ght
%ntil the :%dg#ent of the (o%rt of )ppeal was handed down, in which one co%ld read8 9!t was a
fact that the appellant had received no, Gs%perior orders@ at all 1e was his own s%perior, and he
gave all orders in #atters that concerned $ewish affairs9 That had been precisely the arg%#ent
of the prosec%tion, which the :%dges in the 7istrict (o%rt had not accepted, b%t, dangero%s
nonsense tho%gh it was, the (o%rt of )ppeal f%lly endorsed it <!t was s%pported chiefly by the
testi#ony of $%stice Michael ) M%s#anno, a%thor of Ten 7ays to 7ie E19B5F, and a for#er :%dge
at N%re#berg, who had co#e fro# )#erica to testify for the prosec%tion Mr M%s#anno had sat
25J
on the trials of the ad#inistrators of the concentration ca#ps, and of the #e#bers of the #obile
killing %nits in the "ast; and while "ich#ann@s na#e had co#e %p in the proceedings, he had
#entioned it only once in his :%dg#ents 1e had, however, interviewed the N%re#berg
defendants in their prison )nd there Ribbentrop had told hi# that 1itler wo%ld have been all right
if he had not fallen %nder "ich#ann@s infl%ence +ell, Mr M%s#anno did not believe all he was
told, b%t he did believe that "ich#ann had been given his co##ission by 1itler hi#self and that
his power 9ca#e by speaking thro%gh 1i##ler and thro%gh 1eydrich9 ) few sessions later, Mr
4%stave M 4ilbert, professor of psychology at Aong !sland ,niversity and a%thor of N%re#berg
7iary E196HF, appeared as a witness for the prosec%tion 1e was #ore ca%tio%s than $%stice
M%s#anno, who# he had introd%ced to the defendants at N%re#berg 4ilbert testified that
9"ich#ann wasn@t tho%ght of very #%ch by the #a:or Na-i war cri#inals
at that ti#e,9 and also that "ich#ann, who# they both ass%#ed dead, had not been #entioned
in disc%ssions of the war cri#es between 4ilbert and M%s#anno> The 7istrict (o%rt :%dges,
then, beca%se they saw thro%gh the e.aggerations of the prosec%tion and had no wish to #ake
"ich#ann the s%perior of 1i##ler and the inspirer of 1itler, were p%t in the position of having to
defend the acc%sed The task, apart fro# its %npleasantness, was of no conse/%ence for either
:%dg#ent or sentence, as 9the legal and #oral responsibility of hi# who delivers the victi# to his
death is, in o%r opinion, no s#aller and #ay even be greater than the liability of hi# who does the
victi# to death9
The :%dges@ way o%t of all these diffic%lties was thro%gh co#pro#ise The :%dg#ent falls into two
parts, and the by far larger part consists of a rewriting of the prosec%tion@s case The :%dges
indicated their f%nda#entally different approach by starting with 4er#any and ending with the
"ast, for this #eant that they intended to concentrate on what had been done instead of on what
the $ews had s%ffered !n an obvio%s reb%ff to the prosec%tion, they said e.plicitly that s%fferings
on so gigantic a scale were 9beyond h%#an %nderstanding,9 a #atter for 9great a%thors and
259
poets,9 and did not belong in a co%rtroo#, whereas the deeds and #otives that had ca%sed the#
were neither beyond %nderstanding nor beyond :%dg#ent They even went so far as to state that
they wo%ld base their findings %pon their own presentation, and, indeed, they wo%ld have been
lost if they had not gone to the enor#o%s a#o%nt of work that this i#plied They got a fir# grasp
on the intricate b%rea%cratic set%p of the Na-i #achinery of destr%ction, so that the position of the
acc%sed co%ld be %nderstood !n contrast to the introd%ctory speech of Mr 1a%sner, which has
already been p%blished as a book, the :%dg#ent can be st%died with profit by those with a
historical interest in this period 2%t the :%dge#ent, so pleasantly devoid of cheap oratory, wo%ld
have destroyed the case for the prosec%tion altogether if the :%dges had not fo%nd reason to
charge "ich#ann with so#e responsibility for cri#es in the "ast, in addition to the #ain cri#e, to
which he had confessed, na#ely, that he had shipped people to their death in f%ll awareness of
what he was doing
'o%r points were chiefly in disp%te There was, first, the /%estion of "ich#ann@s participation in
the #ass sla%ghter carried o%t in the "ast by the "insat-gr%ppen, which had been set %p by
1eydrich at a #eeting, held in March, 1961, at which "ich#ann was present 1owever, since the
co##anders of the "insat-gr%ppen were #e#bers of the intellect%al Ilite of the **, while their
troops were either cri#inals or ordinary soldiers drafted for p%nitive d%ty 0 nobody co%ld vol%nteer
0 "ich#ann was connected with this i#portant phase of the 'inal *ol%tion only in that he received
the reports of the killers, which he then had to s%##ari-e for his s%periors These reports, tho%gh
9top secret,9 were #i#eographed and went to between fifty and seventy other offices in the
Reich, in each of which there sat, of co%rse, so#e ?berregier%ngsrat who s%##ari-ed the# for
the higher0%ps There was, in addition to this, the testi#ony of $%stice M%s#anno, who clai#ed
that +alter *chellenberg, who had drawn %p the draft agree#ent between 1eydrich and 4eneral
+alter von 2ra%chitsch, of the #ilitary co##and, specifying that the "insat-gr%ppen were to
en:oy f%ll freedo# in 9the e.ec%tion of their plans as regards the civil pop%lation,9 that is, in the
215
killing of civilians, had told hi# in a conversation at N%re#berg that "ich#ann had 9controlled
these operations9 and had even 9personally s%pervised9 the# The :%dges 9for reasons of
ca%tion9 were %nwilling to rely on an %ncorroborated state#ent of *chellenberg@s, and threw o%t
this evidence *chellenberg #%st have had a re#arkably low opinion of the N%re#berg :%dges
and their ability to find their way thro%gh the labyrinthine ad#inistrative str%ct%re of the Third
Reich 1ence, all that was left was evidence that "ich#ann was well infor#ed of what was going
on in the "ast, which had never been in disp%te, and the :%dg#ent, s%rprisingly, concl%ded that
this evidence was s%fficient to constit%te proof of act%al participation
The second point, dealing with the deportation of $ews fro# 3olish ghettos to the nearby killing
centers, had #ore to reco##end it !t was indeed 9logical9 to ass%#e that the transportation
e.pert wo%ld have been active in the territory %nder the 4eneral 4overn#ent 1owever, we know
fro# #any other so%rces that the 1igher ** and 3olice Aeaders were in charge of
transportation for this whole area 0 to the great grief of 4overnor 4eneral 1ans 'rank, who in his
diary co#plained endlessly abo%t interference in this #atter witho%t ever #entioning "ich#ann@s
na#e 'ran- Novak, "ich#ann@s transportation officer, testifying for the defense, corroborated
"ich#ann@s version8 occasionally, of co%rse, they had had to negotiate with the #anager of the
?stbahn, the "astern Railways, beca%se ship#ents fro# the western parts of "%rope had to be
coordinated with local operations <?f these transactions, +isliceny had given a good acco%nt at
N%re#berg Novak %sed to contact the Ministry of Transport, which, in t%rn, had to obtain
clearance fro# the )r#y if the trains entered a theater of war The )r#y co%ld veto transports
+hat +isliceny did not tell, and what is perhaps #ore interesting, is that the )r#y %sed its right of
veto only in the initial years, when 4er#an troops were on the offensive; in 1966, when the
deportations fro# 1%ngary clogged the lines of retreat for whole 4 an ar#ies in desperate flight,
no vetoes were forthco#ing> 2%t when, for instance, the +arsaw ghetto as evac%ated in 1962, at
the rate of five tho%sand people a day, 1i##ler hi#self cond%cted the negotiations with the
211
railway a%thorities, and "ich#ann and his o%tfit had nothing whatever to do with the# The
:%dg#ent finally fell back on testi#ony given by a witness at the 1Nss trial that so#e $ews fro#
the 4eneral 4overn#ent area had arrived in )%schwit- together with $ews fro# 2ialystok, a
3olish city that had been incorporated into the 4er#an province of "ast 3r%ssia, and hence fell
within "ich#ann@s :%risdiction &et even in the +arthega%, which was Reich territory, it was not
the R*1) b%t 4a%leiter 4reiser who was in charge of e.ter#ination and deportation )nd
altho%gh in $an%ary, 1966, "ich#ann visited the ASd- ghetto 0 the largest in the "ast and the last
to be li/%idated 0 again it was 1i##ler hi#self who, a #onth later, ca#e to see 4reiser and
ordered the li/%idation of ASd- ,nless one accepted the prosec%tion@s prepostero%s clai# that
"ich#ann had been able to inspire 1i##ler@s orders, the #ere fact that "ich#ann shipped $ews
to )%schwit- co%ld not possibly prove that all $ews who arrived there had been shipped by hi#
!n view of "ich#ann@s stren%o%s denials and the %tter lack of corroborative evidence, the
concl%sions of the :%dg#ent on this point appeared, %nhappily, to constit%te a case of in d%bio
contra re%#
The third point to be considered was "ich#ann@s liability for what went on in the e.ter#ination
ca#ps, in which, according to the prosec%tion, he had en:oyed great a%thority !t spoke for the
high degree of independence and fairness of the :%dges that they threw o%t all the acc%#%lated
testi#ony of the witnesses on these #atters Their arg%#ent here was foolproof and showed their
tr%e %nderstanding of the whole sit%ation They started by e.plaining that there had e.isted two
categories of $ews in the ca#ps, the so0called 9transport $ews9 <Transport:%den>, who #ade %p
the b%lk of the pop%lation and who had never co##itted an offense, even in the eyes of the
Na-is, and the $ews 9in protective c%stody9 <*ch%t-haft:%den>, who had been sent to 4er#an
concentration ca#ps for so#e transgression and who, %nder the totalitarian principle of directing
the f%ll terror of the regi#e against the 9innocents,9 were considerably better off than the others,
even when they were shipped to the "ast in order to #ake the concentration ca#ps in the Reich
212
:%denrein <!n the words of Mrs Ra:a Dagan, an e.cellent witness on )%schwit-, it was 9the great
parado. of )%schwit- Those ca%ght co##itting a cri#inal offense were treated better than the
others9 They were not s%b:ect to the selection and, as a r%le, they s%rvived> "ich#ann had
nothing to do with *ch%t-haft:%den; b%t Transport:%den, his speciality, were, by definition,
conde#ned to death, e.cept for the twenty0five per cent of especially strong individ%als, who
#ight be selected for labor in so#e ca#ps !n the version presented by the :%dg#ent, however,
that /%estion was no longer at iss%e "ich#ann knew, of co%rse, that the overwhel#ing #a:ority
of his victi#s were conde#ned to death; b%t since the selection for labor was #ade by the **
physicians on the spot, and since the lists of deportees were %s%ally #ade %p by the $ewish
(o%ncils in the ho#e co%ntries or by the ?rder 3olice, b%t never by "ich#ann or his #en, the
tr%th was that he had no a%thority to say who wo%ld die and who wo%ld live; he co%ld not even
know The /%estion was whether "ich#ann had lied when he said8 9! never killed a $ew or, for
that #atter, ! never killed a non0$ew ! never gave an order to kill a $ew nor an order to kill a
non0$ew9 The prosec%tion, %nable to %nderstand a #ass #%rderer who had never killed <and
who in this partic%lar instance probably did not even have the g%ts to kill>, was constantly trying to
prove individ%al #%rder
This brings %s to the fo%rth, and last, /%estion concerning "ich#ann@s general a%thority in the
"astern territories 0 the /%estion of his responsibility for living conditions in the ghettos, for the
%nspeakable #isery end%red in the#, and for their final li/%idation, which had been the s%b:ect of
testi#ony by #ost witnesses )gain, "ich#ann had been f%lly infor#ed, b%t none of this had
anything to do with his :ob The prosec%tion #ade a laborio%s effort to prove that it had, on the
gro%nd that "ich#ann had freely ad#itted that every once in a while he had to decide, according
to ever0changing directives on this #atter, what to do with the $ews of foreign nationality who
were trapped in 3oland This, he said, was a /%estion of 9national i#portance,9 involving the
'oreign ?ffice, and was 9beyond the hori-on9 of the local a%thorities +ith respect to s%ch $ews,
213
there e.isted two different trends in all 4er#an offices, the 9radical9 trend, which wo%ld have
ignored all distinctions 0 a $ew was a $ew, period 0 and the 9#oderate9 trend, which tho%ght it
better to p%t these $ews 9on ice9 for e.change p%rposes <The notion of e.change $ews see#s to
have been 1i##ler@s idea )fter )#erica@s entry into the war, he wrote to MMller, in 7ece#ber,
1962, that 9all $ews with infl%ential relatives in the ,nited *tates sho%ld be p%t into a special
ca#p and stay alive,9 adding, 9*%ch $ews are for %s precio%s hostages ! have a fig%re of ten
tho%sand in #ind9> Needless to say, "ich#ann belonged to the 9radicals,9 he was against
#aking e.ceptions, for ad#inistrative as well as 9idealistic9 reasons 2%t when in )pril, 1962, he
wrote to the 'oreign ?ffice that 9in the f%t%re foreign nationals wo%ld be incl%ded in the #eas%res
taken by the *ec%rity 3olice within the +arsaw 4hetto,9 where $ews with foreign passports had
previo%sly been caref%lly weeded o%t, he was hardly acting as 9a decision0#aker on behalf of the
R*1)9 in the "ast, and he certainly did not possess 9e.ec%tive powers9 there *till less co%ld
s%ch powers or a%thority be derived fro# his having been %sed occasionally by 1eydrich or
1i##ler to trans#it certain orders to local co##anders
!n a sense, the tr%th of the #atter was even worse than the co%rt in $er%sale# ass%#ed
1eydrich, the :%dg#ent arg%ed, had been given central a%thority over the i#ple#entation of the
'inal *ol%tion, witho%t any territorial li#itations, hence "ich#ann, his chief dep%ty in this field,
was everywhere e/%ally responsible This was /%ite tr%e for the fra#ework of the 'inal *ol%tion,
b%t altho%gh 1eydrich, for p%rposes of coordination, had called a representative of 1ans 'rank@s
4eneral 4overn#ent, ,ndersecretary of *tate 7r $osef 2Mhler, to the +annsee (onference, the
'inal *ol%tion did not really apply to the "astern occ%pied territories, for the si#ple reason that
the fate of the $ews there had never been in the balance The #assacre of 3olish $ewry had
been decided on by 1itler not in May or $%ne, 1961, the date of the order for the 'inal *ol%tion,
b%t in *epte#ber, 1939, as the :%dges knew fro# testi#ony given at N%re#berg by "rwin
Aaho%sen of the 4er#an (o%nterintelligence8 9)s early as *epte#ber, 1939, 1itler had decided
216
the #%rder of 3olish $ews9 <1ence, the $ewish star was introd%ced into the 4eneral 4overn#ent
i##ediately after the occ%pation of the territory, in Nove#ber, 1939, while it was introd%ced into
the 4er#an Reich only in 1961, at the ti#e of the 'inal *ol%tion> The :%dges had before the#
also the #in%tes of two conferences at the beginning of the war, one of which 1eydrich had
called on *epte#ber 21, 1939, as a #eeting of 9depart#ent heads and co##anders of the
#obile killing %nits9 at which "ich#ann, then still a #ere 1a%ptst%r#fMhrer, had represented the
2erlin (enter for $ewish "#igration; the other took place on $an%ary 35, 1965, and dealt with
9/%estions of evac%ation and resettle#ent9 )t both #eetings, the fate of the entire native
pop%lation in the occ%pied territories was disc%ssed 0 that is, the 9sol%tion9 of the 3olish as well
as the 9$ewish /%estion9
"ven at this early date, the 9sol%tion of the 3olish proble#9 was well advanced8 of the 9political
leadership,9 it was reported, no #ore than three per cent was left; in order to 9render this three
per cent har#less,9 they wo%ld have 9to be sent into concentration ca#ps9 The #iddle strata of
the 3olish intelligentsia were to be registered and arrested 0 9teachers, clergy, nobility,
legionaries, ret%rning officers, etc9 0 while the 9pri#itive 3oles9 were to be added to 4er#an
#anpower as 9#igratory laborers9 and to be 9evac%ated9 fro# their ho#es 9The goal is8 The
3ole has to beco#e the eternal seasonal and #igratory laborer, his per#anent residence sho%ld
be in the region of (racow9 The $ews were to be gathered into %rban centers and 9asse#bled in
ghettos where they can be easily controlled and conveniently evac%ated later on9 Those "astern
territories that had been incorporated into the Reich 0 the so0called +arthega%, +est 3r%ssia,
7an-ig, the province of 3o-nan, and ,pper *ilesia 0 had to be i##ediately cleared of all $ews;
together with 35,555 4ypsies they were sent in freight trains into the 4eneral 4overn#ent
1i##ler finally, in his capacity as 9Reich (o##issioner for the *trengthening of 4er#an
'olkdo#,9 gave orders for the evac%ation of large portions of the 3olish pop%lation fro# these
territories recently anne.ed to the Reich The i#ple#entation of this 9organi-ed #igration of
21B
peoples,9 as the :%dg#ent called it, was assigned to "ich#ann as chief of *%bsection !=0706 in
the R*1), whose task consisted in 9e#igration, evac%ation9 <!t is i#portant to re#e#ber that
this 9negative de#ographic policy9 was by no #eans i#provised as a res%lt of 4er#an victories
in the "ast !t had been o%tlined, as early as Nove#ber, 193H, in the secret speech addressed by
1itler to #e#bers of the 4er#an 1igh (o##and 0 see the so0called 1Nssbach 3rotocol 1itler
had pointed o%t that he re:ected all notions of con/%ering foreign nations, that what he de#anded
was an 9e#pty space9 Evolkloser Ra%#F in the "ast for the settle#ent of 4er#ans 1is a%dience 0
2lo#berg, 'ritsch, and RLder, a#ong others 0 knew /%ite well that no s%ch 9e#pty space9
e.isted, hence they #%st have known that a 4er#an victory in the "ast wo%ld a%to#atically
res%lt in the 9evac%ation9 of the entire native pop%lation The #eas%res against "astern $ews
were not only the res%lt of anti0*e#itis#, they were part and parcel of an all0e#bracing
de#ographic policy, in the co%rse of which, had the 4er#ans won the war, the 3oles wo%ld have
s%ffered the sa#e fate as the $ews 0 genocide This is no #ere con:ect%re8 the 3oles in 4er#any
were already being forced to wear a disting%ishing badge in which the 939 replaced the $ewish
star, and this, as we have seen, was always the first #eas%re to be taken by the police in
instit%ting the process of destr%ction>
)n e.press letter, sent to the co##anders of the #obile killing %nits after the *epte#ber #eeting,
was a#ong the doc%#ents s%b#itted at the trial and was of special interest !t refers only to 9the
$ewish /%estion in occ%pied territories9 and disting%ishes between the 9final goal,9 which #%st be
kept secret, and 9preli#inary #eas%res9 for reaching it )#ong the latter, the doc%#ent #entions
e.pressly the concentration of $ews in the vicinity of railroad tracks !t is characteristic that the
phrase 9'inal *ol%tion of the $ewish /%estion9 does not occ%r; the 9final goal9 probably was the
destr%ction of 3olish $ews, clearly nothing new to those present at the #eeting; what was new
was only that those $ews who lived in newly anne.ed provinces of the Reich sho%ld be
evac%ated to 3oland, for this was indeed a first step toward #aking 4er#any :%denrein, hence
216
toward the 'inal *ol%tion
)s far as "ich#ann was concerned the doc%#ents clearly showed that even at this stage he had
ne.t to nothing to do with what happened in the "ast 1ere, too, his role was that of an e.pert for
9transportation9 and 9e#igration9; in the "ast, no 9$ewish e.pert9 was needed, no special
9directives9 were re/%ired, and there e.isted no privileged categories "ven the #e#bers of the
$ewish (o%ncils were invariably e.ter#inated when the ghettos were finally li/%idated There
were no e.ceptions, for the fate accorded the slave laborers was only a different, slower kind of
death 1ence the $ewish b%rea%cracy, whose role in these ad#inistrative #assacres was felt to
be so essential that the instit%tion of 9$ewish (o%ncils of "lders9 was i##ediately established,
played no part in the sei-%re and the concentration of the $ews The whole episode signals the
end of the initial wild #ass shootings in the rear of the ar#ies !t see#s that the )r#y
co##anders had protested against the #assacres of civilians, and that 1eydrich had co#e to an
agree#ent with the 4er#an 1igh (o##and establishing the principle of a co#plete 9clean%p
once and for all9 of $ews, the 3olish intelligentsia, the (atholic clergy, and the nobility, b%t
deter#ining that, beca%se of the #agnit%de of an operation in which two #illion $ews wo%ld have
to be 9cleaned %p,9 the $ews sho%ld first be concentrated in ghettos
!f the :%dges had cleared "ich#ann co#pletely on these co%nts connected with the hair0raising
stories told over and over by witnesses at the trial, they wo%ld not have arrived at a different
:%dg#ent of g%ilt, and "ich#ann wo%ld not have escaped capital p%nish#ent The res%lt wo%ld
have been the sa#e 2%t they wo%ld have destroyed %tterly, and witho%t co#pro#ise, the case
as the prosec%tion presented it
V!= 8 "vidence and +itnesses
7%ring the last weeks of the war, the ** b%rea%cracy was occ%pied chiefly with forging identity
papers and with destroying the paper #o%ntains that testified to si. years of syste#atic #%rder
"ich#ann@s depart#ent, #ore s%ccessf%l than others, had b%rned its files, which, of co%rse, did
21H
not achieve #%ch, since all its correspondence had been addressed to other *tate and 3arty
offices, whose files fell into the hands of the )llies There were #ore than eno%gh doc%#ents left
to tell the story of the 'inal *ol%tion, #ost of the# known already fro# the N%re#berg Trials and
the s%ccessor trials The story was confir#ed by sworn and %nsworn state#ents, %s%ally given by
witnesses and defendants in previo%s trials and fre/%ently by persons who were no longer alive
<)ll this, as well as a certain a#o%nt of hearsay testi#ony, was ad#itted as evidence according
to *ection 1B of the law %nder which "ich#ann was tried, which stip%lates that the co%rt 9#ay
deviate fro# the r%les of evidence9 provided it 9places on record the reasons which pro#pted9
s%ch deviation> The doc%#entary evidence was s%pple#ented by testi#ony taken abroad, in
4er#an, )%strian, and !talian co%rts, fro# si.teen witnesses who co%ld not co#e to $er%sale#,
beca%se the )ttorney 4eneral had anno%nced that he 9intended to p%t the# on trial for cri#es
against the $ewish people9 )ltho%gh d%ring the first session he had declared, 9)nd if the defense
has people who are ready to co#e and be witnesses, ! shall not block the way ! shall not p%t any
obstacles,9 he later ref%sed to grant s%ch people i##%nity <*%ch i##%nity was entirely
dependent %pon the good will of the govern#ent; prosec%tion %nder the Na-is and Na-i
(ollaborators E3%nish#entF Aaw is not #andatory> *ince it was highly %nlikely that any of the
si.teen gentle#en wo%ld have co#e to !srael %nder any circ%#stances 0 seven of the# were in
prison 0 this was a technical point, b%t it was of considerable i#portance !t served to ref%te
!srael@s clai# that an !sraeli co%rt was, at least technically, the 9#ost s%itable for a trial against the
i#ple#enters of the 'inal *ol%tion,9 beca%se doc%#ents and witnesses were 9#ore ab%ndant
than in any other co%ntry9; and the clai# with respect to doc%#ents was do%btf%l in any event,
since the !sraeli archive &ad =ashe# was fo%nded at a co#paratively late date and is in no way
s%perior to other archives !t /%ickly t%rned o%t that !srael was the only co%ntry in the world where
defense witnesses co%ld not be heard, and where certain witnesses for the prosec%tion, those
who had given affidavits in previo%s trials, co%ld not be cross0e.a#ined by the defense )nd this
21J
was all the #ore serio%s as the acc%sed and his lawyer were indeed not 9in a position to obtain
their own defense doc%#ents9 <7r *ervati%s had s%b#itted a h%ndred and ten doc%#ents, as
against fifteen h%ndred s%b#itted by the prosec%tion, b%t of the for#er only abo%t a do-en
originated with the defense, and they consisted #ostly of e.cerpts fro# books by 3oliakov or
Reitlinger; all the rest, with the e.ception of the seventeen charts drawn by "ich#ann, had been
picked o%t of the wealth of #aterial gathered by the prosec%tion and the !sraeli police ?bvio%sly,
the defense had received the cr%#bs fro# the rich #an@s table> !n fact, it had neither 9the #eans
nor the ti#e9 to cond%ct the affair properly, it did not have at its disposal 9the archives of the world
and the instr%#ents of govern#ent9 The sa#e reproach had been leveled against the
N%re#berg Trials, where the ine/%ality of stat%s between prosec%tion and defense was even
#ore glaring The chief handicap of the defense, at N%re#berg as at $er%sale#, was that it
lacked the staff of trained research assistants needed to go thro%gh the #ass of doc%#ents and
find whatever #ight be %sef%l in the case "ven today, eighteen years after the war, o%r
knowledge of the i##ense archival #aterial of the Na-i regi#e rests to a large e.tent on the
selection #ade for p%rposes of prosec%tion
No one co%ld have been #ore aware of this decisive disadvantage for the defense than 7r
*ervati%s, who was one of the defense co%nsels at N%re#berg +hich, obvio%sly, #akes the
/%estion of why he offered his services to begin with even #ore intrig%ing 1is answer to this
/%estion was that for hi# this was 9a #ere b%siness #atter9 and that he wished 9to #ake
#oney,9 b%t he #%st have known, fro# his N%re#berg e.perience, that the s%# paid hi# by the
!sraeli govern#ent0twenty tho%sand dollars, as he hi#self had stip%lated 0 was ridic%lo%sly
inade/%ate, even tho%gh "ich#ann@s fa#ily in Ain- had given hi# another fifteen tho%sand
#arks 1e began co#plaining abo%t being %nderpaid al#ost the first day of the trial, and soon
thereafter he openly voiced the hope that he wo%ld be able to sell whatever 9#e#oirs9 "ich#ann
wo%ld write in prison 9for f%t%re generations9 Aeaving aside the /%estion of whether s%ch a
219
b%siness deal wo%ld have been proper, his hopes were disappointed beca%se the !sraeli
govern#ent confiscated all papers written by "ich#ann while in :ail <They have now been
deposited in the National )rchives> "ich#ann had written a 9book9 in the ti#e between the
ad:o%rn#ent of the co%rt in )%g%st and the prono%nce#ent of :%dg#ent in 7ece#ber, and the
defense offered it as 9new fact%al evidence9 in the revision proceedings before the (o%rt of
)ppeal 0 which of co%rse the newly written book was not
)s to the position of the defendant, the co%rt co%ld rely %pon the detailed state#ent he had #ade
to the !sraeli police e.a#iner, s%pple#ented by #any handwritten notes he had handed in d%ring
the eleven #onths needed for the preparation of the trial No do%bt was ever raised that these
were vol%ntary state#ents; #ost of the# had not even been elicited by /%estions "ich#ann had
been confronted with si.teen h%ndred doc%#ents, so#e of which, it t%rned o%t, he #%st have
seen before, beca%se they had been shown to hi# in )rgentina d%ring his interview with *assen,
which Mr 1a%sner with so#e :%stification called a 9dress rehearsal9 2%t he had started working
on the# serio%sly only in $er%sale#, and when he was p%t on the stand, it soon beca#e
apparent that he had not wasted his ti#e8 now he knew how to read doc%#ents, so#ething he
had not known d%ring the police e.a#ination, and he co%ld do it better than his lawyer
"ich#ann@s testi#ony in co%rt t%rned o%t to be the #ost i#portant evidence in the case 1is
co%nsel p%t hi# on the stand on $%ne 25, d%ring the seventy0fifth session, and interrogated hi#
al#ost %ninterr%ptedly for fo%rteen sessions, %ntil $%ly H
That sa#e day, d%ring the eighty0eighth session, the cross0e.a#ination by the prosec%tion
began, and it lasted for another seventeen sessions, %p to the twentieth of $%ly There were a few
incidents8 "ich#ann once threatened to 9confess everything9 Moscow style, and he once
co#plained that he had been 9grilled %ntil the steak was done,9 b%t he was %s%ally /%ite cal# and
he was not serio%s when he threatened that he wo%ld ref%se to answer any #ore /%estions 1e
told $%dge 1alevi how 9pleased Ehe wasF at this opport%nity to sift the tr%th fro# the %ntr%ths that
225
had been %nloaded %pon Ehi#F for fifteen years,9 and how pro%d of being the s%b:ect of a
crosse.a#ination
that lasted longer than any known before )fter a short re0e.a#ination by his lawyer,
which took less than a session, he was e.a#ined by the three :%dges, and they got #ore o%t of
hi# in two and a half short sessions than the prosec%tion had been able to elicit in seventeen
"ich#ann was on the stand fro# $%ne 25 to $%ly 26, or a total of thirty0three and a half sessions
)l#ost twice as #any sessions, si.ty0two o%t of a total of a h%ndred and twenty0one, were spent
on a h%ndred prosec%tion witnesses who, co%ntry after co%ntry, told their tales of horrors Their
testi#ony lasted fro# )pril 26 to $%ne 12, the entire intervening ti#e being taken %p with the
s%b#ission of doc%#ents, #ost of which the )ttorney 4eneral read into the record of the co%rt@s
proceedings, which was handed o%t to the press each day )ll b%t a #ere handf%l of the
witnesses were !sraeli citi-ens, and they had been picked fro# h%ndreds and h%ndreds of
applicants <Ninety of the# were s%rvivors in the strict sense of the word, they had s%rvived the
war in one for# or another of Na-i captivity> 1ow #%ch wiser it wo%ld have been to resist these
press%res altogether <it was done %p to a point, for none of the potential witnesses #entioned in
Minister of 7eath, written by R%entin Reynolds on the basis of #aterial provided by two !sraeli
:o%rnalists, and p%blished in 1965, was ever called to the stand> and to seek o%t those who had
not vol%nteeredO )s tho%gh to prove the point, the prosec%tion called %pon a writer, well known on
both sides of the )tlantic %nder the na#e of D0Ketnik 0 a slang word for a concentration0ca#p
in#ate 0 as the a%thor of several books on )%schwit- that dealt with brothels, ho#ose.%als, and
other 9h%#an interest stories9 1e started off, as he had done at #any of his p%blic appearances,
with an e.planation of his adopted na#e !t was not a 9pen0na#e,9 he said 9! #%st carry this
na#e as long as the world will not awaken after the cr%cifying of the nation as h%#anity has
risen after the cr%cifi.ion of one #an9 1e contin%ed with a little e.c%rsion into astrology8 the star
9infl%encing o%r fate in the sa#e way as the star of ashes at )%schwit- is there facing o%r planet,
221
radiating toward o%r planet9 )nd when he had arrived at 9the %nnat%ral power above Nat%re9
which had s%stained hi# th%s far, and now, for the first ti#e, pa%sed to catch his breath, even Mr
1a%sner felt that so#ething had to be done abo%t this 9testi#ony,9 and, very ti#idly, very politely,
interr%pted8 9(o%ld ! perhaps p%t a few /%estions to yo% if yo% will consentC9 +here%pon the
presiding :%dge saw his chance as well8 9Mr 7inoor, please, please, listen to Mr 1a%sner and to
#e9 !n response, the disappointed witness, probably deeply wo%nded, fainted and answered no
#ore /%estions
This, to be s%re, was an e.ception, b%t if it was an e.ception that proved the r%le of nor#ality, it
did not prove the r%le of si#plicity or of ability to tell a story, let alone of the rare capacity for
disting%ishing between things that had happened to the storyteller #ore than si.teen, and
so#eti#es twenty, years ago, and what he had read and heard and i#agined in the #eanti#e
These diffic%lties co%ld not be helped, b%t they were not i#proved by the predilection of the
prosec%tion for witnesses of so#e pro#inence, #any of who# had p%blished books abo%t their
e.periences, and who now told what they had previo%sly written, or what they had told and retold
#any ti#es The procession started, in a f%tile atte#pt to proceed according to chronological
order, with eight witnesses fro# 4er#any, all of the# sober eno%gh, b%t they were not
9s%rvivors9; they had been high0ranking $ewish officials in 4er#any and were now pro#inent in
!sraeli p%blic life, and they had all left 4er#any prior to the o%tbreak of war They were followed
by five witnesses fro# 3rag%e and then by :%st one witness fro# )%stria, on which co%ntry the
prosec%tion had s%b#itted the val%able reports of the late 7r ANwenher-, written d%ring and
shortly after the end of the war There appeared one witness each fro# 'rance, 1olland,
7en#ark, Norway, A%.e#bo%rg, !taly, 4reece, and *oviet R%ssia; two fro# &%goslavia; three
each fro# R%#ania and *lovakia; and thirteen fro# 1%ngary 2%t the b%lk of the witnesses,
fiftythree,
ca#e fro# 3oland and Aith%ania, where "ich#ann@s co#petence and a%thority had been
222
al#ost nil <2elgi%# and 2%lgaria were the only co%ntries not covered by witnesses> These were
all 9backgro%nd witnesses,9 and so were the si.teen #en and wo#en who told the co%rt abo%t
)%schwit- <ten> and Treblinka <fo%r>, abo%t (hel#no and Ma:danek !t was different with those
who testified on Theresienstadt, the old0age ghetto on Reich territory, the only ca#p in which
"ich#ann@s power had indeed been considerable; there were fo%r witnesses for Theresienstadt
and one for the e.change ca#p at 2ergen02elsen
)t the end of this procession, 9the right of the witnesses to be irrelevant,9 as &ad =ashe#,
s%##ing %p the testi#ony in its 2%lletin, phrased it, was so fir#ly established that it was a #ere
for#ality when Mr 1a%sner, d%ring the seventy0third session, asked per#ission of the co%rt 9to
co#plete his pict%re,9 and $%dge Aanda%, who so#e fifty sessions before had protested so
stren%o%sly against this 9pict%re painting,9 agreed i##ediately to the appearance of a for#er
#e#ber of the $ewish 2rigade, the fighting force of 3alestine $ews that had been attached to the
2ritish "ighth )r#y d%ring the war This last witness for the prosec%tion, Mr )haron 1oter0&ishai,
now an !sraeli lawyer, had been assigned the task of coordinating all efforts to search for $ewish
s%rvivors in "%rope, %nder the a%spices of )liyah 2eth, the organisation responsible for arranging
for illegal i##igration into 3alestine The s%rviving $ews were dispersed a#ong so#e eight
#illion displaced persons fro# all over "%rope, a floating #ass of h%#anity that the )llies wanted
to repatriate as /%ickly as possible The danger was that the $ews, too, wo%ld be ret%rned to their
for#er ho#es Mr 1oter0&ishai told how he and his co#rades were greeted when they presented
the#selves as #e#bers of 9the $ewish fighting nation,9 and how it 9was s%fficient to draw a *tar
of 7avid on a sheet in ink and pin it to a broo#stick9 to shake these people o%t of the dangero%s
apathy of near0starvation 1e also told how so#e of the# 9had wandered ho#e fro# the 73
ca#ps,9 only to co#e back to another ca#p, for 9ho#e9 was, for instance, a s#all 3olish town
where of si. tho%sand for#er $ewish inhabitants fifteen had s%rvived, and where fo%r of these
s%rvivors had been #%rdered %pon their ret%rn by the 3oles 1e described finally how he and the
223
others had tried to forestall the repatriation atte#pts of the )llies and how they fre/%ently arrived
too late8 9!n Theresienstadt, there were thirty0two tho%sand s%rvivors )fter a few weeks we fo%nd
only fo%r tho%sand )bo%t twenty0eight tho%sand had ret%rned, or been ret%rned Those fo%r
tho%sand who# we fo%nd there 0 of the#, of co%rse, not one person ret%rned to his place of
origin, beca%se in the #eanti#e the road was pointed o%t to the#9 0 that is, the road to what was
then 3alestine and was soon to beco#e !srael This testi#ony perhaps s#acked #ore strongly of
propaganda than anything heard previo%sly, and the presentation of the facts was indeed
#isleading !n Nove#ber, 1966, after the last ship#ent had left Theresienstadt for )%schwit-,
there were only abo%t ten tho%sand of the original in#ates left !n 'ebr%ary, 196B, there arrived
another si. to eight tho%sand people, the $ewish partners of #i.ed #arriages, who# the Na-is
shipped to Theresienstadt at a #o#ent when the whole 4er#an transportation syste# was
already in a state of collapse )ll the others 0 ro%ghly fifteen tho%sand 0 had po%red in in open
freight cars or on foot in )pril, 196B, after the ca#p had been taken over by the Red (ross
These were s%rvivors of )%schwit-, #e#bers of the labor gangs, and they were chiefly fro#
3oland and 1%ngary +hen the R%ssians liberated the ca#p 0 on May 9, 196B 0 #any (-ech
$ews, who had been in Theresienstadt since the beginning, left the ca#p i##ediately and started
ho#e; they were in their own co%ntry +hen the /%arantine ordered by the R%ssians beca%se of
the epide#ics was lifted, the #a:ority left on its own initiative *o that the re#nant fo%nd by the
3alestine e#issaries probably consisted of people who co%ld not ret%rn or be ret%rned for vario%s
reasons 0 the ill, the aged, single lonely s%rvivors of fa#ilies who did not know where to t%rn )nd
yet Mr 1oter0&ishai told the9 si#ple tr%th8 those who had s%rvived the ghettos and the ca#ps,
who had co#e o%t alive fro# the night#are of absol%te helplessness and abandon#ent 0 as
tho%gh the whole world was a :%ngle and they its prey 0 had only one wish, to go where they
wo%ld never see a non0$ew again They needed the e#issaries of the, $ewish people in 3alestine
in order to learn that they co%ld co#e, legally or illegally, by hook or by crook, and that they wo%ld
226
be welco#e; they did not need the# in order to be convinced
Th%s, every once in a long while one was glad that $%dge Aanda% had lost his battle, and the first
s%ch #o#ent occ%rred even before the battle had started 'or Mr 1a%sner@s first backgro%nd
witness did not look as tho%gh he had vol%nteered 1e was an old #an, wearing the traditional
$ewish sk%llcap, s#all, very frail, with sparse white hair and beard, holding hi#self /%ite erect; in
a sense, his na#e was 9fa#o%s,9 and one %nderstood why the prosec%tion wanted to begin its
pict%re with hi# 1e was Kindel 4ryns-pan, father of 1erschel 4ryns-pan, who, on Nove#ber H,
193J, at the age of seventeen, had walked %p to the 4er#an e#bassy in 3aris and shot to death
its third secretary, the yo%ng Aegationsrat "rnst vo# Rath The assassination had triggered the
pogro#s in 4er#any and )%stria, the so0called Dristallnacht of Nove#ber 9, which was indeed a
prel%de to the 'inal *ol%tion, b%t with whose preparation "ich#ann had nothing to do The
#otives for 4ryns-pan@s act have never been cleared %p, and his brother, who# the prosec%tion
also p%t on the stand, was re#arkably rel%ctant to talk abo%t it The co%rt took it for granted that it
was an act of vengeance for the e.p%lsion of so#e seventeen tho%sand 3olish $ews, the
4ryns-pan fa#ily a#ong the#, fro# 4er#an territory d%ring the last days of ?ctober, 193J, b%t it
is generally known that this e.planation is %nlikely 1erschel 4ryns-pan was a psychopath,
%nable to finish school, who for years had knocked abo%t 3aris and 2r%ssels, being e.pelled fro#
both places 1is lawyer in the 'rench co%rt that tried hi# introd%ced a conf%sed story of
ho#ose.%al relations, and the 4er#ans, who later had hi# e.tradited, never p%t hi# on trial
<There are r%#ors that he s%rvived the war 0 as tho%gh to s%bstantiate the 9parado. of )%schwit-9
that those $ews who had co##itted a cri#inal offense were spared> =o# Rath was a sing%larly
inade/%ate victi#, he had been shadowed by the 4estapo beca%se of his openly anti0Na-i views
and his sy#pathy for $ews; the story of his ho#ose.%ality was probably fabricated by the
4estapo 4ryns-pan #ight have acted as an %nwitting tool of 4estapo agents in 3aris, who co%ld
have wanted to kill two birds with one stone 0 create a prete.t for pogro#s in 4er#any and get rid
22B
of an opponent to the Na-i regi#e 0 witho%t reali-ing that they co%ld not have it both ways, that is,
co%ld not slander vo# Rath as a ho#ose.%al having illicit relations with $ewish boys and also
#ake of hi# a #artyr and a victi# of 9world $ewry9
1owever that #ay have been, it is a fact that the 3olish govern#ent in the fall of 193J decreed
that all 3olish $ews residing in 4er#any wo%ld lose their nationality by ?ctober 29; it probably
was in possession of infor#ation that the 4er#an govern#ent intended to e.pel these $ews to
3oland and wanted to prevent this !t is #ore than do%btf%l that people like Mr Kindel 4ryns-pan
even knew that s%ch a decree e.isted 1e had co#e to 4er#any in 1911, a yo%ng #an of
twenty0five, to open a grocery store in 1anover, where, in d%e ti#e, eight children were born to
hi# !n 193J, when catastrophe overca#e hi#, he had been living in 4er#any for twenty0seven
years, and, like #any s%ch people, he had never bothered to change his papers and to ask for
nat%rali-ation Now he had co#e to tell his story, caref%lly answering /%estions p%t to hi# by the
prosec%tor; he spoke clearly and fir#ly, witho%t e#broidery, %sing a #ini#%# of words
9?n the twenty0seventh of ?ctober, 193J, it was a Th%rsday night, at eight o@clock, a police#an
ca#e and told %s to co#e to Region Epolice stationF "leven 1e said8 G&o% are going to co#e
back i##ediately; don@t take anything with yo%, only yo%r passports@ 9 4ryns-pan went, with his
fa#ily, a son, a da%ghter, and his wife +hen they arrived at the police station he saw 9a large
n%#ber of people, so#e sitting, so#e standing, people were crying They Ethe policeF were
sho%ting, G*ign, sign, sign@ ! had to sign, all of the# did ?ne of %s did not, his na#e was, !
believe, 4ershon *ilber, and he had to stand in the corner for twenty0fo%r ho%rs They took %s to
the concert hall, and there were people fro# all over town, abo%t si. h%ndred people There
we stayed %ntil 'riday night, abo%t twenty0fo%r ho%rs, yes, %ntil 'riday night Then they took
%s in police tr%cks, in prisoners@ lorries, abo%t twenty #en in each tr%ck, and they took %s to the
railroad station The streets were black with people sho%ting8 @$%den ra%s to 3alestineO@ They
took %s by train to Ne%benschen, on the 4er#an03olish border !t was *habbat #orning when we
226
arrived there, si. o@clock in the #orning There ca#e trains fro# all sorts of places, fro# Aeip-ig,
(ologne, 7Msseldorf, "ssen, 2iederfeld, 2re#en Together we were abo%t twelve tho%sand
people !t was the *habbat, the twenty0ninth of ?ctober +hen we reached the border we
were searched to see if anybody had any #oney, and anybody who had #ore than ten #arks 0
the balance was taken away This was the 4er#an law, no #ore than ten #arks co%ld be taken
o%t of 4er#any The 4er#ans said, G&o% didn@t bring any #ore with yo% when yo% ca#e, yo%
can@t take o%t any #ore@ 9 They had to walk a little over a #ile to the 3olish border, since the
4er#ans intended to s#%ggle the# into 3olish territory 9The ** #en were whipping %s, those
who lingered they hit, and blood was flowing on the road They tore away o%r s%itcases fro# %s,
they treated %s in a #ost br%tal way, this was the first ti#e that !@d seen the wild br%tality of the
4er#ans They sho%ted at %s, GR%nO R%nO@ ! was hit and fell into the ditch My son helped #e, and
he said8 GR%n, 'ather, r%n, or yo%@ll dieO@ +hen we got to the open border the wo#en went in
first The 3oles knew nothing They called a 3olish general and so#e officers who e.a#ined o%r
papers, and they saw that we were 3olish citi-ens, that we had special passports !t was decided
to let %s enter They took %s to a village of abo%t si. tho%sand people, and we were twelve
tho%sand The rain was driving hard, people were fainting 0 on all sides one saw old #en and
wo#en ?%r s%ffering was great There was no food, since Th%rsday we had not eaten 9 They
were taken to a #ilitary ca#p and p%t into 9stables, as there was no roo# elsewhere ! think it
was o%r second day Ein 3olandF ?n the first day, a lorry with bread ca#e fro# 3o-nan, that was
on *%nday )nd then ! wrote a letter to 'rance to #y son8 G7on@t write any #ore letters to
4er#any +e are now in Kbas-yn@ 9
This story took no #ore than perhaps ten #in%tes to tell, and when it was over 0 the senseless,
needless destr%ction of twenty0seven years in less than twenty0fo%r ho%rs 0 one tho%ght foolishly8
"veryone, everyone sho%ld have his day in co%rt ?nly to find o%t, in the endless sessions that
followed, how diffic%lt it was to tell the story, that 0 at least o%tside the transfor#ing real# of
22H
poetry 0 it needed a p%rity of so%l, an %n#irrored, %nreflected innocence of heart and #ind that
only the righteo%s possess No one either before or after was to e/%al the shining honesty of
Kindel 4ryns-pan
No one co%ld clai# that 4ryns-pan@s testi#ony created anything re#otely rese#bling a 9dra#atic
#o#ent9 2%t s%ch a #o#ent ca#e a few weeks later, and it ca#e %ne.pectedly, :%st when
$%dge Aanda% was #aking an al#ost desperate atte#pt to bring the proceedings back %nder the
control of nor#al cri#inal0co%rt proced%res ?n the stand was )bba Dovner, 9a poet and an
a%thor,9 who had not so #%ch testified as addressed an a%dience with the ease of so#eone who
is %sed to speaking in p%blic and resents interr%ptions fro# the floor 1e had been asked by the
presiding :%dge to be brief, which he obvio%sly disliked, and Mr 1a%sner, who had defended his
witness, had been told that he co%ld not 9co#plain abo%t a lack of patience on the part of the
co%rt,9 which of co%rse he did not like either )t this slightly tense #o#ent, the witness happened
to #ention the na#e of )nton *ch#idt, a 'eldwebel, or sergeant, in the 4er#an )r#y 0 a na#e
that was not entirely %nknown to this a%dience, for &ad =ashe# had p%blished *ch#idt@s story
so#e years before in its 1ebrew 2%lletin, and a n%#ber of &iddish papers in )#erica had picked
it %p )nton *ch#idt was in, charge of a patrol in 3oland that collected stray 4er#an soldiers who
were c%t off fro# their %nits !n the co%rse of doing this, he had r%n into #e#bers of the $ewish
%ndergro%nd, incl%ding Mr Dovner, a pro#inent #e#ber, and he had helped the $ewish
partisans by s%pplying the# with forged papers and #ilitary tr%cks Most i#portant of all8 91e did
not do it for #oney9 This had gone on for five #onths, fro# ?ctober, 1961, to March, 1962, when
)nton *ch#idt was arrested and e.ec%ted <The prosec%tion had elicited the story beca%se
Dovner declared that he had first heard the na#e of "ich#ann fro# *ch#idt, who had told hi#
abo%t r%#ors in the )r#y that it was "ich#ann who 9arranges everything9>
This was by no #eans the first ti#e that help fro# the o%tside, non0$ewish world had been
#entioned $%dge 1alevi had been asking the witnesses8 97id the $ews get any helpC9 with the
22J
sa#e reg%larity as that with which the prosec%tion had asked8 9+hy did yo% not rebelC9 The
answers had been vario%s and inconcl%sive 0 9+e had the whole pop%lation against %s,9 $ews
hidden by (hristian fa#ilies co%ld 9be co%nted on the fingers of one hand,9 perhaps five or si. o%t
of a total of thirteen tho%sand 0 b%t on the whole the sit%ation had, s%rprisingly, been better in
3oland than in any other "astern "%ropean co%ntry <There was, ! have said, no testi#ony on
2%lgaria> ) $ew, now #arried to a 3olish wo#an and living in !srael, testified how his wife had
hidden hi# and twelve other $ews thro%gho%t the war; another had a (hristian friend fro# before
the war to who# he had escaped fro# a ca#p and who had helped hi#, and who was later
e.ec%ted beca%se of the help he had given to $ews ?ne witness clai#ed that the 3olish
%ndergro%nd had s%pplied #any $ews with weapons and had saved tho%sands of $ewish children
by placing the# with 3olish fa#ilies The risks were prohibitive; there was the story of an entire
3olish fa#ily who had been e.ec%ted in the #ost br%tal #anner beca%se they had adopted a si.year0
old $ewish girl 2%t this #ention of *ch#idt was the first and the last ti#e that any s%ch story
was told of a 4er#an, for the only other incident involving a 4er#an was #entioned only in a
doc%#ent8 an )r#y officer had helped indirectly by sabotaging certain police orders; nothing
happened to hi#, b%t the #atter had been tho%ght s%fficiently serio%s to be #entioned in
correspondence between 1i##ler and 2or#ann
7%ring the few #in%tes it took Dovner to tell of the help that had co#e fro# a 4er#an sergeant, a
h%sh settled over the co%rtroo#; it was as tho%gh the crowd had spontaneo%sly decided to
observe the %s%al two #in%tes of silence in honor of the #an na#ed )nton *ch#idt )nd in those
two #in%tes, which were like a s%dden b%rst of light in the #idst of i#penetrable, %nfatho#able
darkness, a single tho%ght stood o%t clearly, irref%tably, beyond /%estion 0 how %tterly different
everything wo%ld be today in this co%rtroo#, in !srael, in 4er#any, in all of "%rope, and perhaps
in all co%ntries of the world, if only #ore s%ch stories co%ld have been told
There are, of co%rse, e.planations of this devastating shortage, and they have been repeated
229
#any ti#es ! shall give the gist of the# in the words of one of the few s%b:ectively sincere
#e#oirs of the war p%blished in 4er#any 3eter 2a##, a 4er#an )r#y physician who served at
the R%ssian front, tells in 7ie ,nsichtbare 'lagge <19B2> of the killing of $ews in *evastopol They
were collected by 9the others,9 as he calls the ** #obile killing %nits, to disting%ish the# fro#
ordinary soldiers, whose decency the book e.tols, and were p%t into a sealed0off part of the
for#er 43, prison that ab%tted on the officer@s lodgings, where 2a##@s own %nit was
/%artered They were then #ade to board a #obile gas van, in which they died after a few
#in%tes, where%pon the driver transported the corpses o%tside the city and %nloaded the# into
tank ditches 9+e knew this +e did nothing )nyone who had serio%sly protested or done
anything against the killing %nit wo%ld have been arrested within twenty0fo%r ho%rs and wo%ld
have disappeared !t belongs a#ong the refine#ents of totalitarian govern#ents in o%r cent%ry
that they don@t per#it their opponents to die a great, dra#atic #artyr@s death for their convictions
) good #any of %s #ight have accepted s%ch a death The totalitarian state lets its opponents
disappear in silent anony#ity !t is certain that anyone who had dared to s%ffer death rather than
silently tolerate the cri#e wo%ld have sacrificed his life in vain This is not to say that s%ch a
sacrifice wo%ld have been #orally #eaningless !t wo%ld only have been practically %seless
None of %s had a conviction so deeply rooted that we co%ld have taken %pon o%rselves a
practically %seless sacrifice for the sake of a higher #oral #eaning9 Needless to add, the writer
re#ains %naware of the e#ptiness of his #%ch e#phasi-ed 9decency9 in the absence of what he
calls a 9higher #oral #eaning9
2%t the hollowness of respectability 0 for decency %nder s%ch circ%#stances is no #ore than
respectability 0 was not what beca#e apparent in the e.a#ple afforded by *ergeant )nton
*ch#idt Rather it was the fatal flaw in the arg%#ent itself, which at first so%nds so hopelessly
pla%sible !t is tr%e that totalitarian do#ination tried to establish these holes of oblivion into which
all deeds, good and evil, wo%ld disappear, b%t :%st as the Na-is@ feverish atte#pts, fro# $%ne,
235
1962, on, to erase all traces of the #assacres 0 thro%gh cre#ation, thro%gh b%rning in open pits,
thro%gh the %se of e.plosives and fla#e0throwers and bone0cr%shing #achinery 0 were doo#ed
to fail%re, so all efforts to let their opponents 9disappear in silent anony#ity9 were in vain The
holes of oblivion do not e.ist Nothing h%#an is that perfect, and there are si#ply too #any
people in the world to #ake oblivion possible ?ne #an will always be left alive to tell the story
1ence, nothing can ever be 9practically %seless,9 at least, not in the long r%n !t wo%ld be of great
practical %sef%lness for 4er#any today, not #erely for her prestige abroad b%t for her sadly
conf%sed inner condition, if there were #ore s%ch stories to be told 'or the lesson of s%ch stories
is si#ple and within everybody@s grasp 3olitically speaking, it is that %nder conditions of terror
#ost people will co#ply b%t so#e people will not, :%st as the lesson of the co%ntries to which the
'inal *ol%tion was proposed is that 9it co%ld happen9 in #ost places b%t it did not happen
everywhere 1%#anly speaking, no #ore is re/%ired, and no #ore can reasonably be asked, for
this planet to re#ain a place fit for h%#an habitation
V= 8 $%dg#ent, )ppeal, and ".ec%tion
"ich#ann spent the last #onths of the war cooling his heels in 2erlin, with nothing to do, c%t by
the other depart#ent heads in the R*1), who had l%nch together every day in the b%ilding
where he had his office b%t did not once ask hi# to :oin the# 1e kept hi#self b%sy with his
defense installations, so as to be ready for 9the last battle9 for 2erlin, and, as his only official d%ty,
paid occasional visits to Theresienstadt, where he showed Red (ross delegates aro%nd To
the#, of all people, he %nb%rdened his so%l abo%t 1i##ler@s new 9h%#ane line9 in regard to the
$ews, which incl%ded an avowed deter#ination to have, 9ne.t ti#e,9 concentration ca#ps after
9the "nglish #odel9 !n )pril, 196B, "ich#ann had the last of his rare interviews with 1i##ler,
who ordered hi# to select 9a h%ndred to two h%ndred pro#inent $ews in Theresienstadt,9
transport the# to )%stria, and install the# in hotels, so that 1i##ler co%ld %se the# as
9hostages9 in his forthco#ing negotiations with "isenhower The abs%rdity of this co##ission
231
see#s not to have dawned %pon "ich#ann; he went, 9with grief in #y heart, as ! had to desert
#y defense installations,9 b%t he never reached Theresienstadt, beca%se all the roads were
blocked by the approaching R%ssian ar#ies !nstead, he ended %p at )lt0)%ssee, in )%stria,
where Daltenbr%nner had taken ref%ge Daltenbr%nner had no interest in 1i##ler@s 9pro#inent
$ews,9 and told "ich#ann to organi-e a co##ando for partisan warfare in the )%strian
#o%ntains "ich#ann responded with the greatest enth%sias#8 9This was again so#ething worth
doing, a task ! en:oyed9 2%t :%st as he had collected so#e h%ndred #ore or less %nfit #en, #ost
of who# had never seen a rifle, and had taken possession of an arsenal of abandoned weapons
of all sorts, he received the latest 1i##ler order8 9No fire is to be opened on "nglish and
)#ericans9 This was the end 1e sent his #en ho#e and gave a s#all strongbo. containing
paper #oney and gold coins to his tr%sted legal adviser, Regier%ngsrat 1%nsche8 92eca%se, !
said to #yself, he is a #an fro# the higher civil services, he will be correct in the #anage#ent of
f%nds, he will p%t down his e.penses for ! still believed that acco%nts wo%ld be de#anded
so#e day9
+ith these words "ich#ann had to concl%de the a%tobiography he had spontaneo%sly given the
police e.a#iner !t had taken only a few days, and filled no #ore than 31B of the 3,B66 pages
copied off the tape0recorder 1e wo%ld like to have gone on, and he obvio%sly did tell the rest of
the story to the police, b%t the trial a%thorities, for vario%s reasons, had decided not to ad#it any
testi#ony covering the ti#e after the close of the war 1owever, fro# affidavits given at
N%re#berg, and, #ore i#portant, fro# a #%ch disc%ssed indiscretion on the part of a for#er
!sraeli civil servant, Moshe 3earl#an, whose book The (apt%re of )dolf "ich#ann appeared in
Aondon fo%r weeks before the trial opened, it is possible to co#plete the story; Mr 3earl#an@s
acco%nt was obvio%sly based %pon #aterial fro# 2%rea% 56, the police office that was in charge
of the preparations for the trial <Mr 3earl#an@s own version was that since he had retired fro#
govern#ent service three weeks before "ich#ann was kidnaped, he had written the book as a
232
9private individ%al,9 which is not very convincing, beca%se the !sraeli police #%st have known of
the i#pending capt%re several #onths before his retire#ent> The book ca%sed so#e
e#barrass#ent in !srael, not only beca%se Mr 3earl#an had been able to div%lge infor#ation
abo%t i#portant prosec%tion doc%#ents pre#at%rely and had stated that the trial a%thorities had
already #ade %p their #inds abo%t the %ntr%stworthiness of "ich#ann@s testi#ony, b%t beca%se a
reliable acco%nt of how "ich#ann was capt%red in 2%enos )ires was of co%rse the last thing they
wanted to have p%blished
The story told by Mr 3earl#an was considerably less e.citing than the vario%s r%#ors %pon
which previo%s tales had been based "ich#ann had never been in the Near "ast or the Middle
"ast, he had no connection with any )rab co%ntry, he had never ret%rned to 4er#any fro#
)rgentina, he had never been to any other Aatin )#erican co%ntry, he had played no role in
postwar Na-i activities or organi-ations )t the end of the war, he had tried to speak once #ore
with Daltenbr%nner, who was still in )lt0)%ssee, playing solitaire, b%t his for#er chief was in no
#ood to receive hi#, since 9for this #an he saw no chances any #ore9 <Daltenbr%nner@s own
chances were not so very good either, he was hanged at N%re#berg> )l#ost i##ediately
thereafter, "ich#ann was ca%ght by )#erican soldiers and p%t in a ca#p for ** #en, where
n%#ero%s interrogations failed to %ncover his identity, altho%gh it was known to so#e of his
fellow0prisoners 1e was ca%tio%s and did not write to his fa#ily, b%t let the# believe he was
dead; his wife tried to obtain a death certificate, b%t failed when it was discovered that the only
9eyewitness9 to her h%sband@s death was her brother0in0law *he had been left penniless, b%t
"ich#ann@s fa#ily in Ain- s%pported her and the three children
!n Nove#ber, 196B, the trials of the #a:or war cri#inals opened in N%re#berg, and "ich#ann@s
na#e began to appear with %nco#fortable reg%larity !n $an%ary, 1966, +isliceny appeared as a
witness for the prosec%tion and gave his da#ning evidence, where%pon "ich#ann decided that
he had better disappear 1e escaped fro# the ca#p, with the help of the in#ates, and went to
233
the AMneb%rger 1eide, a heath abo%t fifty #iles so%th of 1a#b%rg, where the brother of one of his
fellow0prisoners provided hi# with work as a l%#ber:ack 1e stayed there, %nder the na#e of ?tto
1eninger, for fo%r years, and he was probably bored to death "arly in 19B5, he s%cceeded> in
establishing contact with ?7"**), a clandestine organi-ation of ** veterans, and in May of
that year he was passed thro%gh )%stria to !taly, where a 'ranciscan priest, f%lly infor#ed of his
identity, e/%ipped hi# with a ref%gee passport in the na#e of Richard Dle#ent and sent hi# on to
2%enos )ires 1e arrived in #id0$%ly and, witho%t any diffic%lty, obtained identification papers and
a work per#it as Ricardo Dle#ent, (atholic, a bachelor, stateless, aged thirty0seven0seven years
less than his real age
1e was still ca%tio%s, b%t he now wrote to his wife in his own handwriting and told her that 9her
children@s %ncle9 was alive 1e worked at a n%#ber of odd :obs0sales representative, la%ndry
#an, worker on a rabbit far# 0 all poorly paid, b%t in the s%##er of 19B2 he had his wife and
children :oin hi# <Mrs "ich#ann obtained a 4er#an passport in K%rich, *wit-erland, tho%gh she
was a resident of )%stria at the ti#e, and %nder her real na#e, as a 9divorcee9 fro# a certain
"ich#ann 1ow this ca#e abo%t has re#ained a #ystery, and the file containing her application
has disappeared fro# the 4er#an cons%late in K%rich> ,pon her arrival in )rgentina, "ich#ann
got his first steady :ob, in the Mercedes02en- factory in *%are-, a s%b%rb of 2%enos )ires, first as
a #echanic and later as a fore#an, and when a fo%rth son was born to hi#, he re#arried his
wife, s%pposedly %nder the na#e of Dle#ent This is not likely, however, for the infant was
registered as Ricardo 'rancisco <pres%#ably as a trib%te to the !talian priest> Dle#ent "ich#ann,
and this was only one of #any hints that "ich#ann dropped in regard to his identity as the years
went by !t does see# to be tr%e, however, that he told his children he was )dolf "ich#ann@s
brother, tho%gh the children, being well ac/%ainted with their grandparents and %ncles in Ain-,
#%st have been rather d%ll to believe it; the oldest son, at least, who had been nine years old
when he last saw his father, sho%ld have been able to recogni-e hi# seven years later in
236
)rgentina Mrs "ich#ann@s )rgentine identity card, #oreover, was never changed <it read
9=eronika Aiebl de "ich#ann9>, and in 19B9, when "ich#ann@s step#other died, and a year later,
when his father died, the newspaper anno%nce#ents in Ain- carried Mrs "ich#ann@s na#e
a#ong the s%rvivors, contradicting all stories of divorce and re#arriage "arly in 1965, a few
#onths before his capt%re, "ich#ann and his elder sons finished b%ilding a pri#itive brick ho%se
in one of the poor s%b%rbs of 2%enos )ires 0 no electricity, no r%nning water 0 where the fa#ily
settled down They #%st have been very poor, and "ich#ann #%st have led a dreary life, for
which not even the children co%ld co#pensate, for they showed 9absol%tely no interest in being
ed%cated and did not even try to develop their so0called talents9
"ich#ann@s only co#pensation consisted in talking endlessly with #e#bers of the large Na-i
colony, to who# he readily ad#itted his identity !n 19BB, this finally led to the interview with the
7%tch :o%rnalist +ille# * *assen, a for#er #e#ber of the )r#ed ** who had e.changed his
7%tch nationality for a 4er#an passport d%ring the war and had later been conde#ned to death
in absentia in 2elgi%# as a war cri#inal
"ich#ann #ade copio%s notes for the interview, which was tape0recorded and then rewritten by
*assen, with considerable e#bellish#ents; the notes in "ich#ann@s own handwriting were
discovered and they were ad#itted as evidence at his trial, tho%gh the state#ent as a whole was
not *assen@s version appeared in abbreviated for# first in the 4er#an ill%strated #aga-ine 7er
*tern, in $%ly, 1965, and then, in Nove#ber and 7ece#ber, as a series of articles in Aife 2%t
*assen, obvio%sly with "ich#ann@s consent, had offered the story fo%r years before to a Ti#e0
Aife correspondent in 2%enos )ires, and even if it is tr%e that "ich#ann@s na#e was withheld, the
content of the #aterial co%ld have left no do%bt abo%t the original so%rce of the infor#ation The
tr%th of the #atter is that "ich#ann had #ade #any efforts to break o%t of his anony#ity, and it is
rather strange that it took the !sraeli *ecret *ervices several years 0 %ntil )%g%st, 19B9 0 to learn
that )dolf "ich#ann was living in )rgentina %nder the na#e of Ricardo Dle#ent !srael has never
23B
div%lged the so%rce of her infor#ation, and today at least half a do-en persons clai# they fo%nd
"ich#ann, while 9well0infor#ed circles9 in "%rope insist that it was the R%ssian !ntelligence
service that spilled the news 1owever that #ay have been, the p%--le is not how it was possible
to discover "ich#ann@s hideo%t b%t, rather, how it was possible not to discover it earlier 0
provided, of co%rse, that the !sraelis had indeed p%rs%ed this search thro%gh the years +hich, in
view of the facts, see#s do%btf%l
No do%bt, however, e.ists abo%t the identity of the captors )ll talk of private 9avengers9 was
contradicted at the o%tset by 2en04%rion hi#self, who on May 23, 1965, anno%nced to !srael@s
wildly cheering Dnesset that "ich#ann had been 9fo%nd by the !sraeli *ecret *ervice9 7r
*ervati%s, who tried stren%o%sly and %ns%ccessf%lly both before the 7istrict (o%rt and before the
(o%rt of )ppeal to call Kvi Tohar, chief pilot of the "l0)l plane that flew "ich#ann o%t of the
co%ntry, and &ad *hi#oni, an official of the air line in )rgentina, as witnesses, #entioned 2en0
4%rion@s state#ent; the )ttorney 4eneral co%ntered by saying that the 3ri#e Minister had
9ad#itted no #ore than that "ich#ann was fo%nd o%t by the *ecret *ervice,9 not that he also had
been kidnaped by govern#ent agents +ell, in act%al fact, it see#s that it was the other way
ro%nd8 *ecret *ervice #en had not 9fo%nd9 hi# b%t only picked hi# %p, after #aking a few
preli#inary tests to ass%re the#selves that the infor#ation they had received was tr%e )nd even
this was not done very e.pertly, for "ich#ann had been well aware that he was being shadowed8
9! told yo% that #onths ago, ! believe, when ! was asked if ! had known that ! was fo%nd o%t, and !
co%ld give yo% then precise reasons Ethat is, in the part of the police e.a#ination that was not
released to the pressF ! learned that people in #y neighborhood had #ade in/%iries abo%t
real0estate p%rchases and so on and so forth for the establish#ent of a factory for sewing
#achines 0 a thing that was /%ite i#possible, since there e.isted neither electricity nor water in
that area '%rther#ore, ! was infor#ed that these people were $ews fro# North )#erica ! co%ld
easily have disappeared, b%t ! did not do it, ! :%st went on as %s%al, and let things catch %p with
236
#e ! co%ld have fo%nd e#ploy#ent witho%t any diffic%lty, with #y papers and references 2%t !
did not want that9
There was #ore proof than was revealed in $er%sale# of his willingness to go to !srael and stand
trial (o%nsel for the defense, of co%rse, had to stress the fact that, after all, the acc%sed had
been kidnaped and 9bro%ght to !srael in conflict with international law,9 beca%se this enabled the
defense to challenge the right of the co%rt to prosec%te hi#, and tho%gh neither the prosec%tion
nor the :%dges ever ad#itted that the kidnaping had been an 9act of state,9 they did not deny it
either They arg%ed that the breach of international law concerned only the states of )rgentina
and !srael, not the rights of the defendant, and that this breach was 9c%red9 thro%gh the :oint
declaration of the two govern#ents, on )%g%st 3, 1965, that they 9resolved to view as settled the
incident which was ca%sed in the wake of the action of citi-ens of !srael which violated the basic
rights of the *tate of )rgentina9 The co%rt decided that it did not #atter whether these !sraelis
were govern#ent agents or private citi-ens +hat neither the defense nor the co%rt #entioned
was that )rgentina wo%ld not have waived her rights so obligingly had "ich#ann been an
)rgentine citi-en 1e had lived there %nder an ass%#ed na#e, thereby denying hi#self the right
to govern#ent protection, at least as Ricardo Dle#ent <born on May 23, 1913, at 2ol-ano 0 in
*o%thern Tyrol 0 as his )rgentine identity card stated>, altho%gh he had declared hi#self of
94er#an nationality9 )nd he had never invoked the d%bio%s right of asyl%#, which wo%ld not
have helped hi# anyhow, since )rgentina, altho%gh she has in fact offered asyl%# to #any
known Na-i cri#inals, had signed an !nternational (onvention declaring that the perpetrators of
cri#es against h%#anity 9will not be dee#ed to be political cri#inals9; )ll this did not #ake
"ich#ann stateless, it did not legally deprive hi# of his 4er#an nationality, b%t it gave the +est
4er#an rep%blic a welco#e prete.t for withholding the c%sto#ary protection d%e its citi-ens
abroad !n other words, and despite pages and pages of legal arg%#ent, based on so #any
precedents that one finally got the i#pression that kidnaping was a#ong the #ost fre/%ent
23H
#odes of arrest, it was "ich#ann@s de facto statelessness, and nothing else, that enabled the
$er%sale# co%rt to sit in :%dg#ent on hi# "ich#ann, tho%gh no legal e.pert, sho%ld have been
able to appreciate that, for he knew fro# his own career that one co%ld do as one pleased only
with stateless people; the $ews had had to lose their nationality before they co%ld be
e.ter#inated 2%t he was in no #ood to ponder s%ch niceties, for if it was a fiction that he had
co#e vol%ntarily to !srael to stand trial, it was tr%e that he had #ade fewer diffic%lties than
anybody had e.pected !n fact, he had #ade none
?n May 11, 1965, at si.0thirty in the evening, when "ich#ann alighted, as %s%al, fro# the b%s
that bro%ght hi# ho#e fro# his place of work, he was sei-ed by three #en and, in less than a
#in%te, b%ndled into a waiting car, which took hi# to a previo%sly rented ho%se in a re#ote
s%b%rb of 2%enos )ires No dr%gs, no ropes, no handc%ffs were %sed, and "ich#ann i##ediately
recogni-ed that this was professional work, as no %nnecessary violence had been applied; he
was not h%rt )sked who he was, he instantly said8 9!ch bin )dolf "ich#ann,9 and, s%rprisingly,
added8 9! know ! a# in the hands of !sraelis9 <1e later e.plained that he had read in so#e
newspaper of 2en04%rion@s order that he be fo%nd and ca%ght> 'or eight days, while the !sraelis
were waiting for the "l0)l plane that was to carry the# and their prisoner to !srael, "ich#ann was
tied to a bed, which was the only aspect of the whole affair that he co#plained abo%t, and on the
second day of his captivity he was asked to state in writing that he had no ob:ection to being tried
by an !sraeli co%rt The state#ent was, of co%rse, already prepared, and all he was s%pposed to
do was to copy it To everybody@s s%rprise, however, he insisted on writing his own te.t, for
which, as can be seen fro# the following lines, he probably %sed the first sentences of the
prepared state#ent8 9!, the %ndersigned, )dolf "ich#ann, hereby declare o%t of #y own free will
that since now #y tr%e identity has been revealed, ! see clearly that it is %seless to try and escape
:%dg#ent any longer ! hereby e.press #y readiness to travel to !srael to face a co%rt of
:%dg#ent, an a%thori-ed co%rt of law !t is clear and %nderstood that ! shall be given legal advice
23J
Eth%s far, he probably copiedF, and ! shall try to write down the facts of #y last years of p%blic
activities in 4er#any, witho%t any e#bellish#ents, in order that f%t%re generations will have a
tr%e pict%re This declaration ! declare o%t of #y own free will, not for pro#ises given and not
beca%se of threats ! wish to be at peace with #yself at last *ince ! cannot re#e#ber all the
details, and since ! see# to #i. %p facts, ! re/%est assistance by p%tting at #y disposal
doc%#ents and affidavits to help #e in #y effort to seek the tr%th9 *igned8 9)dolf "ich#ann,
2%enos )ires, May 19659 <This doc%#ent, tho%gh do%btless gen%ine, has one pec%liarity8 its
date o#its the day it was signed The o#ission gives rise to the s%spicion that the letter was
written not in )rgentina b%t in $er%sale#, where "ich#ann arrived on May 22 The letter was
needed less for the trial, d%ring which the prosec%tion did s%b#it it as evidence, b%t witho%t
attaching #%ch i#portance to it, than for !srael@s first e.planatory official note to the )rgentine
govern#ent, to which it was d%ly attached *ervati%s, who asked "ich#ann abo%t the letter in
co%rt, did not #ention the pec%liarity of the date, and "ich#ann co%ld not very well #ention it
hi#self since, %pon being asked a leading /%estion by his lawyer, he confir#ed, tho%gh
so#ewhat rel%ctantly, that he had given the state#ent %nder d%ress, while tied to the bed in the
2%enos )ires s%b%rb The prosec%tor, who #ay have known better, did not cross0e.a#ine hi# on
this point; clearly, the less said abo%t this #atter the better> Mrs "ich#ann had notified the
)rgentine police of her h%sband@s disappearance, b%t witho%t revealing his identity, so no check
of railway stations, highways, and airfields was #ade The !sraelis were l%cky, they wo%ld never
have been able to spirit "ich#ann o%t of the co%ntry ten days after his capt%re if the police had
been properly alerted
"ich#ann provided two reasons for his asto%nding cooperation with the trial a%thorities <"ven
the :%dges who insisted that "ich#ann was si#ply a liar had to ad#it that they knew no answer to
the /%estion8 9+hy did the acc%sed confess before *%perintendent Aess to a n%#ber of
incri#inating details of which, on the face of it, there co%ld be no proof b%t for his confession, in
239
partic%lar to his :o%rneys to the "ast, where he saw the atrocities with his own eyesC9> !n
)rgentina, years before his capt%re, he had written how tired he was of his anony#ity, and the
#ore he read abo%t hi#self, the #ore tired he #%st have beco#e 1is second e.planation, given
in !srael, was #ore dra#atic8 9)bo%t a year and a half ago Eie, in the spring of 19B9F, ! heard
fro# an ac/%aintance who had :%st ret%rned fro# a trip to 4er#any that a certain feeling of g%ilt
had sei-ed so#e sections of 4er#an yo%th and the fact of this g%ilt co#ple. was for #e as
#%ch of a land#ark as, let %s say, the landing of the first #an0bearing rocket on the #oon !t
beca#e an essential point of #y inner life, aro%nd which #any tho%ghts crystalli-ed This was
why ! did not escape when ! knew the search co##ando was closing in on #e )fter these
conversations abo%t the g%ilt feeling a#ong yo%ng people in 4er#any, which #ade s%ch a deep
i#pression on #e, ! felt ! no longer had the right to disappear This is also why ! offered, in a
written state#ent, at the beginning of this e.a#ination to hang #yself in p%blic ! wanted to do
#y part in lifting the b%rden of g%ilt fro# 4er#an yo%th, for these yo%ng people are, after all,
innocent of the events, and of the acts of their fathers, d%ring the last war9 0 which, incidentally,
he was still calling, in another conte.t, a 9war forced %pon the 4er#an Reich9 ?f co%rse, all this
was e#pty talk +hat prevented hi# fro# ret%rning to 4er#any of his own free will to give
hi#self %pC 1e was asked this /%estion, and he replied that in his opinion 4er#an co%rts still
lacked the 9ob:ectivity9 needed for dealing with people like hi# 2%t if he did prefer to be tried by
an !sraeli co%rt 0 as he so#ehow i#plied, and which was :%st barely possible 0 he co%ld have
spared the !sraeli govern#ent #%ch ti#e and tro%ble +e have seen before that this kind of talk
gave hi# feelings of elation, and indeed it kept hi# in so#ething approaching good spirits
thro%gho%t his stay in the !sraeli prison !t even enabled hi# to look %pon death with re#arkable
e/%ani#ity 0 9! know that the death sentence is in store for #e,9 he declared at the beginning of
the police e.a#ination
There was so#e tr%th behind the e#pty talk, and the tr%th e#erged /%ite clearly when the
265
/%estion of his defense was p%t to hi# 'or obvio%s reasons, the !sraeli govern#ent had decided
to ad#it a foreign co%nselor, and on $%ly 16, 1965, si. weeks after the police e.a#ination had
started, with "ich#ann@s e.plicit consent, he was infor#ed that there were three possible
co%nselors a#ong who# he #ight choose, in arranging his defense 0 7r Robert *ervati%s, who
was reco##ended by his fa#ily <*ervati%s had offered his services in a long0distance call to
"ich#ann@s stepbrother in Ain->, another 4er#an lawyer now residing in (hile, and an )#erican
law fir# in New &ork, which had contacted the trial a%thorities <?nly 7r *ervati%s@ na#e was
div%lged> There #ight, of co%rse, be other possibilities, which "ich#ann was entitled to e.plore,
and he was told repeatedly that he co%ld take his ti#e 1e did nothing of the sort, b%t said on the
sp%r of the #o#ent that he wo%ld like to retain 7r *ervati%s, since he see#ed to be an
ac/%aintance of his stepbrother and, also, had defended other war cri#inals, and he insisted on
signing the necessary papers i##ediately 1alf an ho%r later, it occ%rred to hi# that the trial
co%ld ass%#e 9global di#ensions,9 that it #ight beco#e a 9#onster process,9 that there were
several attorneys for the prosec%tion, and that *ervati%s alone wo%ld hardly be able 9to digest all
the #aterial9 1e was re#inded that *ervati%s, in a letter asking for power of attorney, had said
that he 9wo%ld lead a gro%p of attorneys9 <he never did>, and the police officer added, 9!t #%st be
ass%#ed that 7r *ervati%s won@t appear alone That wo%ld be a physical i#possibility9 2%t 7r
*ervati%s, as it t%rned o%t, appeared /%ite alone #ost of the ti#e The res%lt of all this was that
"ich#ann beca#e the chief assistant to his own defense co%nsel, and, /%ite apart fro# writing
books 9for f%t%re generations,9 worked very hard thro%gho%t the trial
?n $%ne 29, 1961, ten weeks after the opening of the trial on )pril 11, the prosec%tion rested its
case, and 7r *ervati%s opened the case for the defense; on )%g%st 16, after a h%ndred and
fo%rteen sessions, the #ain proceedings ca#e to an end The co%rt then ad:o%rned for fo%r
#onths, and reasse#bled on 7ece#ber 11 to prono%nce :%dg#ent 'or two days, divided into
five sessions, the three :%dges read the two h%ndred and forty0fo%r sections of the :%dg#ent
261
7ropping the prosec%tion@s charge of 9conspiracy,9 which wo%ld have #ade hi# a 9chief war
cri#inal,9 a%to#atically responsible for everything which had to do with the 'inal *ol%tion, they
convicted "ich#ann on all fifteen co%nts of the indict#ent, altho%gh he was ac/%itted on so#e
partic%lars 9Together with others,9 he had co##itted cri#es 9against the $ewish people,9 that is,
cri#es against $ews with intent to destroy the people, on fo%r co%nts8 <1> by 9ca%sing the killing of
#illions of $ews9; <2> by placing 9#illions of $ews %nder conditions which were likely to lead to
their physical destr%ction9; <3> by 9ca%sing serio%s bodily and #ental har#9 to the#; and <6> by
9directing that births be banned and pregnancies interr%pted a#ong $ewish wo#en9 in
Theresienstadt 2%t they ac/%itted hi# of any s%ch charges bearing on the period prior to )%g%st,
1961, when he was infor#ed of the 'Mhrer@s order; in his earlier activities, in 2erlin, =ienna, and
3rag%e, he had no intention 9to destroy the $ewish people9 These were the first fo%r co%nts of
the indict#ent (o%nts B thro%gh 12 dealt with 9cri#es against h%#anity9 0 a strange concept in
the !sraeli law, inas#%ch as it incl%ded both genocide if practiced against non0$ewish peoples
<s%ch as the 4ypsies or the 3oles> and all other cri#es, incl%ding #%rder, co##itted against
either $ews or non0$ews, provided that these cri#es were not co##itted with intent to destroy the
people as a whole 1ence, everything "ich#ann had done prior to the 'Mhrer@s order and all his
acts against non0$ews were l%#ped together as cri#es against h%#anity, to which were added,
once again, all his later cri#es against $ews, since these were ordinary cri#es as well The res%lt
was that (o%nt B convicted hi# of the sa#e cri#es en%#erated in (o%nts 1 and 2, and that
(o%nt 6 convicted hi# of having 9persec%ted $ews on racial, religio%s, and political gro%nds9;
(o%nt H dealt with 9the pl%nder of property linked with the #%rder of these $ews,9 and
(o%nt J s%##ed %p all these deeds again as 9war cri#es,9 since #ost of the# had been
co##itted d%ring the war (o%nts 9 thro%gh 12 dealt with cri#es against non0$ews8 (o%nt 9
convicted hi# of the 9e.p%lsion of h%ndreds of tho%sands of 3oles fro# their ho#es,9 (o%nt
15 of 9the e.p%lsion of fo%rteen tho%sand *lovenes9 fro# &%goslavia, (o%nt 11 of the deportation
262
of 9scores of tho%sands of 4ypsies9 to )%schwit- 2%t the :%dg#ent held that 9it has not been
proved before %s that the acc%sed knew that the 4ypsies were being transported to destr%ction9 0
which #eant that no genocide charge e.cept the 9cri#e against the $ewish people9 was bro%ght
This was diffic%lt to %nderstand, for, apart fro# the fact that the e.ter#ination of 4ypsies was
co##on knowledge, "ich#ann had ad#itted d%ring the police e.a#ination that he knew of it8 he
had re#e#bered vag%ely that this had been an order fro# 1i##ler, that no 9directives9 had
e.isted for 4ypsies as they e.isted for $ews, and that there had been no 9research9 done on the
94ypsy proble#9 0 9origins, c%sto#s, habits, organi-ation folklore econo#y9 1is
depart#ent had been co##issioned to %ndertake the 9evac%ation9 of thirty tho%sand 4ypsies
fro# Reich territory, and he co%ld not re#e#ber the details very well, beca%se there had been no
intervention fro# any side; b%t that 4ypsies, like $ews, were shipped off to be e.ter#inated he
had never do%bted 1e was g%ilty of their e.ter#ination in e.actly the sa#e way he was g%ilty of
the e.ter#ination of the $ews (o%nt 12 concerned the deportation of ninety0three children fro#
Aidice, the (-ech village whose inhabitants had been #assacred after the assassination of
1eydrich; he was, however, rightly ac/%itted of the #%rder of these children The last three
co%nts charged hi# with #e#bership in three of the fo%r organi-ations that the N%re#berg Trials
had classified as 9cri#inal9 0 the **; the *ec%rity *ervice, or *7; and the *ecret *tate 3olice,
or 4estapo <The fo%rth s%ch organi-ation, the leadership corps of the National *ocialist 3arty,
was not #entioned, beca%se "ich#ann obvio%sly had not been one of the 3arty leaders> 1is
#e#bership in the# prior to May, 1965, fell %nder the stat%te of li#itations <twenty years> for
#inor offenses <The Aaw of 19B5 %nder which "ich#ann was tried specifies that there is no
stat%te of li#itation for #a:or offenses, and that the arg%#ent res :%dicata shall not avail 0 a
person can be tried in !srael 9even if he has already been tried abroad, whether before an
international trib%nal or a trib%nal of a foreign state, for the sa#e offense9> )ll cri#es en%#erated
%nder (o%nts 1 thro%gh 12 carried the death penalty
263
"ich#ann, it will be re#e#bered, had steadfastly insisted that he was g%ilty only of 9aiding and
abetting9 in the co##ission of the cri#es with which he was charged, that he hi#self had never
co##itted an overt act The :%dg#ent, to one@s great relief, in a way recogni-ed that the
prosec%tion had not s%cceeded in proving hi# wrong on this point 'or it was an i#portant point;
it to%ched %pon the very essence of this cri#e, which was no ordinary cri#e, and the very nat%re
of this cri#inal, who was no co##on cri#inal; by i#plication, it also took cogni-ance of the weird
fact that in the death ca#ps it was %s%ally the in#ates and the victi#s who had act%ally wielded
9the fatal instr%#ent with EtheirF own hands9 +hat the :%dg#ent had to say on this point was
#ore than correct, it was the tr%th8 9".pressing his activities in ter#s of *ection 23 of o%r (ri#inal
(ode ?rdinance, we sho%ld say that they were #ainly those of a person soliciting by giving
co%nsel or advice to others and of one who enabled or aided others in Ethe cri#inalF act9 2%t 9in
s%ch an enor#o%s and co#plicated cri#e as the one we are now considering, wherein #any
people participated, on vario%s levels and in vario%s #odes of activity 0 the planners, the
organi-ers, and those e.ec%ting the deeds, according to their vario%s ranks 0 there is not #%ch
point in %sing the ordinary concepts of co%nseling and soliciting to co##it a cri#e 'or these
cri#es were co##itted en #asse, not only in regard to the n%#ber of victi#s, b%t also in regard
to the n%#bers of those who perpetrated the cri#e, and the e.tent to which any one of the #any
cri#inals was close to or re#ote fro# the act%al killer of the victi# #eans nothing, as far as the
#eas%re of his responsibility is concerned ?n the contrary, in general the degree of responsibility
increases as we draw f%rther away fro# the #an who %ses the fatal instr%#ent with his own
hands E#y italicsF9
+hat followed the reading of the :%dg#ent was ro%tine ?nce #ore, the prosec%tion rose to #ake
a rather lengthy speech de#anding the death penalty, which, in the absence of #itigating
circ%#stances, was #andatory, and 7r *ervati%s replied even #ore briefly than before8 the
acc%sed had carried o%t 9acts of state,9 what had happened to hi# #ight happen in f%t%re to
266
anyone, the whole civili-ed world faced this proble#, "ich#ann was 9a scapegoat,9 who# the
present 4er#an govern#ent had abandoned to the co%rt in $er%sale#, contrary to international
law, in order to clear itself of responsibility The co#petence of the co%rt, never recogni-ed by 7r
*ervati%s, co%ld be constr%ed only as trying the acc%sed 9in a representative capacity, as
representing the legal powers vested in Ea 4er#an co%rtF9 0 as, indeed, one 4er#an state
prosec%tor had for#%lated the task of $er%sale# 7r *ervati%s had arg%ed earlier that the co%rt
#%st ac/%it the defendant beca%se, according to the )rgentine stat%te of li#itations, he had
ceased to be liable to cri#inal proceedings against hi# on May H, 1965, 9a very short ti#e before
the abd%ction9; he now arg%ed, in the sa#e vein, that no death penalty co%ld be prono%nced
beca%se capital p%nish#ent had been abolished %nconditionally in 4er#any
Then ca#e "ich#ann@s last state#ent8 1is hopes for :%stice were disappointed; the co%rt had not
believed hi#, tho%gh he had always done his best to tell the tr%th The co%rt did not %nderstand
hi#8 he had never been a $ew0hater, and he had never willed the #%rder of h%#an beings 1is
g%ilt ca#e fro# his obedience, and obedience is praised as a virt%e 1is virt%e had been ab%sed
by the Na-i leaders 2%t he was not one of the r%ling cli/%e, he was a victi#, and only the leaders
deserved p%nish#ent <1e did not go /%ite as far as #any of the other low0ranking war cri#inals,
who co#plained bitterly that they had been told never to worry abo%t 9responsibilities,9 and that
they were now %nable to call those responsible to acco%nt beca%se these had 9escaped and
deserted9 the# 0 by co##itting s%icide, or by having been hanged> 9! a# not the #onster ! a#
#ade o%t to be,9 "ich#ann said 9! a# the victi# of a fallacy9 1e did not %se the word
9scapegoat,9 b%t he confir#ed what *ervati%s had said8 it was his 9profo%nd conviction that EheF
#%st s%ffer for the acts of others9 )fter two #ore days, on 'riday, 7ece#ber 1B, 1961, at nine
o@clock in the #orning, the death sentence was prono%nced
Three #onths later, on March 22, 1962, review proceedings were opened before the (o%rt of
)ppeal, !srael@s *%pre#e (o%rt, before five :%dges presided over by !t-hak ?lshan Mr 1a%sner
26B
appeared again, with fo%r assistants, for the prosec%tion, and 7r *ervati%s, with none, for the
defense (o%nsel for the defense repeated all the old arg%#ents against the co#petence of the
!sraeli co%rt, and since all his efforts to pers%ade the +est 4er#an govern#ent to start
e.tradition proceedings had been in vain, he now de#anded that !srael offer e.tradition 1e had
bro%ght with hi# a new list of witnesses, b%t there was not a single one a#ong the# who co%ld
conceivably have prod%ced anything rese#bling 9new evidence9 1e had incl%ded in the list 7r
1ans 4lobke, who# "ich#ann had never seen in his life and of who# he had probably heard for
the first ti#e in $er%sale#, and, even #ore startling, 7r (hai# +ei-#ann, who had been dead
for ten years The plaidoyer was an incredible hodgepodge, f%ll of errors <in one instance, the
defense offered as new evidence the 'rench translation of a doc%#ent that had already been
s%b#itted by the prosec%tion, in two other cases it had si#ply #isread the doc%#ents, and so
on>, its carelessness contrasted vividly with the rather caref%l introd%ction of certain re#arks that
were bo%nd to be offensive to the co%rt8 gassing was again a 9#edical #atter9; a $ewish co%rt
had no right to sit in :%dg#ent over the fate of the children fro# Aidice, since they were not
$ewish; !sraeli legal proced%re ran co%nter to (ontinental proced%re 0 to which "ich#ann,
beca%se of his national origin, was entitled 0 in that it re/%ired the defendant to provide the
evidence for his defense, and this the acc%sed had been %nable to do beca%se neither witnesses
nor defense doc%#ents were available in !srael !n short, the trial had been %nfair, the :%dg#ent
%n:%st
The proceedings before the (o%rt of )ppeal lasted only a week, after which the co%rt ad:o%rned
for two #onths ?n May 29, 1962, the second :%dg#ent was read 0 so#ewhat less vol%#ino%s
than the first, b%t still fifty0one single0spaced legal0si-ed pages !t ostensibly confir#ed the 7istrict
(o%rt on all points, and to #ake this confir#ation the :%dges wo%ld not have needed two #onths
and fifty0one pages The :%dg#ent of the (o%rt of )ppeal was act%ally a revision of the :%dg#ent
of the lower co%rt, altho%gh it did not say so !n conspic%o%s contrast to the original :%dg#ent, it
266
was now fo%nd that 9the appellant had received no Gs%perior orders@ at all 1e was his own
s%perior, and he gave all orders in #atters that concerned $ewish affairs9; he had, #oreover,
9eclipsed in i#portance all his s%periors, incl%ding MMller9 )nd, in reply to the obvio%s arg%#ent
of the defense that the $ews wo%ld have been no better off had "ich#ann never e.isted, the
:%dges now stated that 9the idea of the 'inal *ol%tion wo%ld never have ass%#ed the infernal
for#s of the flayed skin and tort%red flesh of #illions of $ews witho%t the fanatical -eal and the
%n/%enchable blood thirst of the appellant and his acco#plices9 !srael@s *%pre#e (o%rt had not
only accepted the arg%#ents of the prosec%tion, it had adopted its very lang%age
The sa#e day, May 29, !t-hak 2en0Kvi, 3resident of !srael, received "ich#ann@s plea for #ercy,
fo%r handwritten pages, #ade 9%pon instr%ctions of #y co%nsel,9 together with letters fro# his
wife and his fa#ily in Ain- The 3resident also received h%ndreds of letters and telegra#s fro# all
over the world, pleading for cle#ency; o%tstanding a#ong the senders were the (entral
(onference of )#erican Rabbis, the representative body of Refor# $%dais# in this co%ntry, and
a gro%p of professors fro# the 1ebrew ,niversity in $er%sale#, headed by Martin 2%ber, who
had been opposed to the trial fro# the start, and who now tried to pers%ade 2en04%rion to
intervene for cle#ency Mr 2en0Kvi re:ected all pleas for #ercy on May 31, two days after the
*%pre#e (o%rt had delivered its :%dg#ent, and a few ho%rs later on that sa#e day 0 it was a
Th%rsday 0 shortly before #idnight, "ich#ann was hanged, his body was cre#ated, and the
ashes were scattered in the Mediterranean o%tside !sraeli waters
The speed with which the death sentence was carried o%t was e.traordinary, even if one takes
into acco%nt that Th%rsday night was the last possible occasion before the following Monday,
since 'riday, *at%rday, and *%nday are all religio%s holidays for one or another of the three
deno#inations in the co%ntry The e.ec%tion took place less than two ho%rs after "ich#ann was
infor#ed of the re:ection of his plea for #ercy; there had not even been ti#e for a last #eal The
e.planation #ay well be fo%nd in two last0#in%te atte#pts 7r *ervati%s #ade to save his client 0
26H
an application to a co%rt in +est 4er#any to force the govern#ent to de#and "ich#ann@s
e.tradition, even now, and a threat to invoke )rticle 2B of the (onvention for the 3rotection of
1%#an Rights and '%nda#ental 'reedo#s Neither 7r *ervati%s nor his assistant was in !srael
when "ich#ann@s plea was re:ected, and the !sraeli govern#ent probably wanted to close the
case, which had been going on for two years, before the defense co%ld even apply for a stay in
the date of e.ec%tion
The death sentence had been e.pected, and there was hardly anyone to /%arrel with it; b%t
things were altogether different when it was learned that the !sraelis had carried it o%t The
protests were short0lived, b%t they were widespread and they were voiced by people of infl%ence
and prestige The #ost co##on arg%#ent was that "ich#ann@s deeds defied the possibility of
h%#an p%nish#ent, that it was pointless to i#pose the death sentence for cri#es of s%ch
#agnit%de 0 which, of co%rse, was tr%e, in a sense, e.cept that it co%ld not conceivably #ean that
he who had #%rdered #illions sho%ld for this very reason escape p%nish#ent ?n a considerably
lower level, the death sentence was called 9%ni#aginative,9 and very i#aginative alternatives
were proposed forthwith 0 "ich#ann 9sho%ld have spent the rest of his life at hard labor in the arid
stretches of the Negev, helping with his sweat to reclai# the $ewish ho#eland,9 a p%nish#ent he
wo%ld probably not have s%rvived for #ore than a single day, to say nothing of the fact that in
!srael the desert of the so%th is hardly looked %pon as a penal colony; or, in Madison )ven%e
style, !srael sho%ld have reached 9divine heights,9 rising above 9the %nderstandable, legal,
political, and even h%#an considerations,9 by calling together 9all those who took part in the
capt%re, trial, and sentencing to a p%blic cere#ony, with "ich#ann there in shackles, and with
television ca#eras and radio to decorate the# as the heroes of the cent%ry9
Martin 2%ber called the e.ec%tion a 9#istake of historical di#ensions,9 as it #ight 9serve to
e.piate the g%ilt felt by #any yo%ng persons in 4er#any9 0 an arg%#ent that oddly echoed
"ich#ann@s own ideas on the #atter, tho%gh 2%ber hardly knew that he had wanted to hang
26J
hi#self in p%blic in order to lift the b%rden of g%ilt fro# the sho%lders of 4er#an yo%ngsters <!t is
strange that 2%ber, a #an not only of e#inence b%t of very great intelligence, sho%ld not see how
sp%rio%s these #%ch p%blici-ed g%ilt feelings necessarily are !t is /%ite gratifying to feel g%ilty if
yo% haven@t done anything wrong8 how nobleO +hereas it is rather hard and certainly depressing
to ad#it g%ilt and to repent The yo%th of 4er#any is s%rro%nded, on all sides and in all walks of
life, by #en in positions of a%thority and in p%blic office who are very g%ilty indeed b%t who feel
nothing of the sort The nor#al reaction to this state of affairs sho%ld be indignation, b%t
indignation wo%ld be /%ite risky 0 not a danger to life and li#b b%t definitely a handicap in a
career Those yo%ng 4er#an #en and wo#en who every once in a while 0 on the occasion of all
the 7iary of )nne 'rank h%bb%b and of the "ich#ann trial 0 treat %s to hysterical o%tbreaks of
g%ilt feelings are not staggering %nder the b%rden of the past, their fathers@ g%ilt; rather, they are
trying to escape fro# the press%re of very present and act%al proble#s into a cheap
senti#entality> 3rofessor 2%ber went on to say that he felt 9no pity at all9 for "ich#ann, beca%se
he co%ld feel pity 9only for those whose actions ! %nderstand in #y heart,9 and he stressed what
he had said #any years ago in 4er#any 0 that he had 9only in a for#al sense a co##on
h%#anity with those who took part9 in the acts of the Third Reich This lofty attit%de was, of
co%rse, #ore of a l%.%ry than those who had to try "ich#ann co%ld afford, since the law
pres%pposes precisely that we have a co##on h%#anity with those who# we acc%se and :%dge
and conde#n )s far as ! know, 2%ber was the only philosopher to go on p%blic record on the
s%b:ect of "ich#ann@s e.ec%tion <shortly before the trial started, Darl $aspers had given a radio
interview in 2asel, later p%blished in 7er Monat, in which he arg%ed the case for an international
trib%nal>; it was disappointing to find hi# dodging, on the highest possible level, the very proble#
"ich#ann and his deeds had posed
Aeast of all was heard fro# those who were against the death penalty on principle,
%nconditionally; their arg%#ents wo%ld have re#ained valid, since they wo%ld not have needed to
269
specify the# for this partic%lar case They see# to have felt 0 rightly, ! think 0 that this was not a
very pro#ising case on which to fight
)dolf "ich#ann went to the gallows with great dignity 1e had asked for a bottle of red wine and
had dr%nk half of it 1e ref%sed the help of the 3rotestant #inister, the Reverend +illia# 1%ll,
who offered to read the 2ible with hi#8 he had only two #ore ho%rs to live, and therefore no 9ti#e
to waste9 1e walked the fifty yards fro# his cell to the e.ec%tion cha#ber cal# and erect, with
his hands bo%nd behind hi# +hen the g%ards tied his ankles and knees, he asked the# to
loosen the bonds so that he co%ld stand straight 9! don@t need that,9 he said when the black hood
was offered hi# 1e was in co#plete co##and of hi#self, nay, he was #ore8 he was co#pletely
hi#self Nothing co%ld have de#onstrated this #ore convincingly than the grotes/%e silliness of
his last words 1e began by stating e#phatically that he was a 4ottglL%biger, to e.press in
co##on Na-i fashion that he was no (hristian and did not believe in life after death 1e then
proceeded8 9)fter a short while, gentle#en, we shall all #eet again *%ch is the fate of all #en
Aong live 4er#any, long live )rgentina, long live )%stria ! shall not forget the#9 !n the face of
death, he had fo%nd the clichI %sed in f%neral oratory ,nder the gallows, his #e#ory played hi#
the last trick; he was 9elated9 and he forgot that this was his own f%neral
!t was as tho%gh in those last #in%tes he was s%##ing %p the lesson that this long co%rse in
h%#an wickedness had ta%ght %s0the lesson of the fearso#e, word0and0tho%ght0defying banality
of evil
"pilog%e
The irreg%larities and abnor#alities of the trial in $er%sale# were so #any, so varied, and of s%ch
legal co#ple.ity that they overshadowed d%ring the trial, as they have in the s%rprisingly s#all
a#o%nt of post0trial literat%re, the central #oral, political, and even legal proble#s that the trial
inevitably posed !srael herself, thro%gh the pre0trial state#ents of 3ri#e Minister 2en04%rion and
thro%gh the way the acc%sation was fra#ed by the prosec%tor, conf%sed the iss%es f%rther by
2B5
listing a great n%#ber of p%rposes the trial was s%pposed to achieve, all of which were %lterior
p%rposes with respect to the law and to co%rtroo# proced%re The p%rpose of a trial is to render
:%stice, and nothing else; even the noblest of %lterior p%rposes 0 9the #aking of a record of the
1itler regi#e which wo%ld withstand the test of history,9 as Robert 4 *torey, e.ec%tive trial
co%nsel at N%re#berg, for#%lated the s%pposed higher ai#s of the N%re#berg Trials 0 can only
detract fro# the law@s #ain b%siness8 to weigh the charges bro%ght against the acc%sed, to
render :%dg#ent, and to #ete o%t d%e p%nish#ent
The :%dg#ent in the "ich#ann case, whose first two sections were written in reply to the
higherp%rpose
theory as it was e.po%nded both inside and o%tside the co%rtroo#, co%ld not have been
clearer in this respect and #ore to the point8 )ll atte#pts to widen the range of the trial had to be
resisted, beca%se the co%rt co%ld not 9allow itself to be enticed into provinces which are o%tside
its sphere the :%dicial process has ways of its own, which are laid down by law, and which do
not change, whatever the s%b:ect of the trial #ay be9 The co%rt, #oreover, co%ld not overstep
these li#its witho%t ending 9in co#plete fail%re9 Not only does it not have at its disposal 9the tools
re/%ired for the investigation of general /%estions,9 it speaks with an a%thority whose very weight
depends %pon its li#itation 9No one has #ade %s :%dges9 of #atters o%tside the real# of law,
and 9no greater weight is to be attached to o%r opinion on the# than to that of any person
devoting st%dy and tho%ght9 to the# 1ence, to the /%estion #ost co##only asked abo%t the
"ich#ann trial8 +hat good does it doC, there is b%t one possible answer8 !t will do :%stice
The ob:ections raised against the "ich#ann trial were of three kinds 'irst, there were those
ob:ections that had been raised against the N%re#berg Trials and were now repeated8 "ich#ann
was tried %nder a retroactive law and appeared in the co%rt of the victors *econd, there were
those ob:ections that applied only to the $er%sale# co%rt, in that they /%estioned either its
co#petence as s%ch or its fail%re to take into acco%nt the act of kidnaping )nd, finally, and #ost
2B1
i#portant, there were ob:ections to the charge itself, that "ich#ann had co##itted cri#es
9against the $ewish people,9 instead of 9against h%#anity,9 and hence to the law %nder which he
was tried; and this ob:ection led to the logical concl%sion that the only proper co%rt to try these
cri#es was an international trib%nal
The co%rt@s reply to the first set of ob:ections was si#ple8 the N%re#berg Trials were cited in
$er%sale# as valid precedent, and, acting %nder #%nicipal law, the :%dges co%ld hardly have
done otherwise, since the Na-is and Na-i (ollaborators <3%nish#ent> Aaw of 19B5 was itself
based on this precedent 9This partic%lar legislation,9 the :%dg#ent pointed o%t, 9is totally different
fro# any other legislation %s%al in cri#inal codes,9 and the reason for its difference lies in the
nat%re of the cri#es it deals with !ts retroactivity, one #ay add, violates only for#ally, not
s%bstantially, the principle n%ll%# cri#en, n%lla poena sine lege, since this applies #eaningf%lly
only to acts known to the legislator; if a cri#e %nknown before, s%ch as genocide, s%ddenly
#akes its appearance, :%stice itself de#ands a :%dg#ent according to a new law; in the case of
N%re#berg, this new law was the (harter <the Aondon )gree#ent of 196B>, in the case of !srael,
it was the Aaw of 19B5 The /%estion is not whether these laws were retroactive, which, of
co%rse, they had to be, b%t whether they were ade/%ate, that is, whether they applied only to
cri#es previo%sly %nknown This prere/%isite for retroactive legislation had been serio%sly #arred
in the (harter that provided for the establish#ent of the !nternational Military Trib%nal at
N%re#berg, and it #ay be for this reason that the disc%ssion of these #atters has re#ained
so#ewhat conf%sed
The (harter accorded :%risdiction over three sorts of cri#es8 9cri#es against peace,9 which the
Trib%nal called the 9s%pre#e international cri#e in that it contains within itself the
acc%#%lated evil of the whole9; 9war cri#es9; and 9cri#es against h%#anity9 ?f these, only the
last, the cri#e against h%#anity, was new and %nprecedented )ggressive warfare is at least as
old as recorded history, and while it had been deno%nced as 9cri#inal9 #any ti#es before, it had
2B2
never been recogni-ed as s%ch in any for#al sense <None of the c%rrent :%stifications of the
N%re#berg co%rt@s :%risdiction over this #atter has #%ch to co##end it !t is tr%e that +ilhel# !!
had been cited before a trib%nal of the )llied powers after the 'irst +orld +ar, b%t the cri#e the
for#er 4er#an Daiser had been charged with was not war b%t breach of treaties 0 and
specifically, the violation of 2elgi%#@s ne%trality !t is also tr%e that the 2riand0Dellogg pact of
)%g%st, 192J, had r%led o%t war as an instr%#ent of national policy, b%t the pact contained
neither a criterion of aggression nor a #ention of sanctions 0 /%ite apart fro# the fact that the
sec%rity syste# that the pact was #eant to bring abo%t had collapsed prior to the o%tbreak of
war> Moreover, one of the :%dging co%ntries, na#ely, *oviet R%ssia, was open to the t%0/%o/%e
arg%#ent 1adn@t the R%ssians attacked 'inland and divided 3oland in 1939 with co#plete
i#p%nityC 9+ar cri#es,9 on the other hand, s%rely no #ore %nprecedented than the 9cri#es
against peace,9 were covered by international law The 1ag%e and 4eneva (onventions had
defined these 9violations of the laws or c%sto#s of war9; they consisted chiefly of ill0treat#ent of
prisoners and of warlike acts against civilian pop%lations No new law with retroactive force was
needed here, and the #ain diffic%lty at N%re#berg lay in the indisp%table fact that here, again, the
t%0/%o/%e arg%#ent
applied8 R%ssia, which had never signed the 1ag%e (onvention <!taly, incidentally, had not
ratified it either>, was #ore than s%spected of #istreat#ent of prisoners, and, according to recent
investigations, the R%ssians also see# to be responsible for the #%rder of fifteen tho%sand 3olish
officers whose bodies were fo%nd at Datyn 'orest <in the neighborhood of *#olensk, in R%ssia>
+orse, the sat%ration bo#bing of open cities and, above all, the dropping of ato#ic bo#bs on
1iroshi#a and Nagasaki clearly constit%ted war cri#es in the sense of the 1ag%e (onvention
)nd while the bo#bing of 4er#an cities had been provoked by the ene#y, by the bo#bing of
Aondon and (oventry and Rotterda#, the sa#e cannot be said of the %se of an entirely new and
overwhel#ingly powerf%l weapon, whose e.istence co%ld have been anno%nced and
2B3
de#onstrated in #any other ways To be s%re, the #ost obvio%s reason that the violations of the
1ag%e (onvention co##itted by the )llies were never even disc%ssed in legal ter#s was that the
!nternational Military Trib%nals were international in na#e only, that they were in fact the co%rts of
the victors, and the a%thority of their :%dg#ent, do%btf%l in any case, was not enhanced when the
coalition that had won the war and then %ndertaken this :oint enterprise broke %p, to /%ote ?tto
Dirchhei#er, 9before the ink on the N%re#berg :%dg#ents had ti#e to dry9 2%t this #ost obvio%s
reason is neither the only nor, perhaps, the #ost potent reason that no )llied war cri#es, in the
sense of the 1ag%e (onvention, were cited and prosec%ted, and it is only fair to add, that the
N%re#berg Trib%nal was at least very ca%tio%s abo%t convicting the 4er#an defendants on
charges that were open to the t%0/%o/%e arg%#ent 'or the tr%th of the #atter was that by the
end of the *econd +orld +ar everybody knew that technical develop#ents in the instr%#ents of
violence had #ade the adoption of 9cri#inal9 warfare inevitable !t was precisely the distinction
between soldier and civilian, between ar#y and ho#e pop%lation, between #ilitary targets and
open cities, %pon which the 1ag%e (onvention@s definitions of war cri#es rested, that had
beco#e obsolete 1ence, it was felt that %nder these new conditions war cri#es were only those
o%tside all #ilitary necessities, where a deliberate inh%#an p%rpose co%ld be de#onstrated
This factor of grat%ito%s br%tality was a valid criterion for deter#ining what, %nder the
circ%#stances, constit%ted a war cri#e !t was not valid for, b%t was %nfort%nately introd%ced into
the f%#bling definitions of, the only entirely new cri#e, the 9cri#e against h%#anity,9 which the
(harter <in )rticle 60c> defined as an 9inh%#an act9 0 as tho%gh this cri#e, too, were a #atter of
cri#inal e.cess in the p%rs%it of war and victory 1owever, it was by no #eans this sort of wellknown
offense that had pro#pted the )llies to declare, in the words of (h%rchill, that 9p%nish#ent
of war cri#inals EwasF one of the principal war ai#s9 b%t, on the contrary, reports of %nheard0of
atrocities, the blotting o%t of whole peoples, the 9clearance9 of whole regions of their native
pop%lation, that is, not only cri#es that 9no conception of #ilitary necessity co%ld s%stain9 b%t
2B6
cri#es that were in fact independent of the war and that anno%nced a policy of syste#atic #%rder
to be contin%ed in ti#e of peace This cri#e was indeed not covered by international or #%nicipal
law, and, #oreover, it was the only cri#e to which the t%0/%o/%e arg%#ent did not apply )nd yet
there was no other cri#e in the face of which the N%re#berg :%dges felt so %nco#fortable, and
which they left in a #ore tantali-ing state of a#big%ity !t is perfectly tr%e that 0 in the words of the
'rench :%dge at N%re#berg, 7onnedie% de =abres, to who# we owe one of the best analyses of
the trial <Ae 3rocYs de N%re#berg, 196H> 0 9the category of cri#es against h%#anity which the
(harter had let enter by a very s#all door evaporated by virt%e of the Trib%nal@s :%dg#ent9 The
:%dges, however, were as little consistent as the (harter itself, for altho%gh they preferred to
convict, as Dirchhei#er says, 9on the war cri#e charge, which e#braced all the traditional
co##on cri#es, while %ndere#phasi-ing as #%ch as possible the charges of cri#es against
h%#anity,9 when it ca#e to prono%ncing sentence, they revealed their tr%e senti#ent by #eting
o%t their #ost severe p%nish#ent, the death penalty, only to those who had been fo%nd g%ilty of
those /%ite %nco##on atrocities that act%ally constit%ted a 9cri#e against h%#anity,9 or, as the
'rench prosec%tor 'ranZois de Menthon called it, with greater acc%racy, a 9cri#e against the
h%#an stat%s9 The notion that aggression is 9the s%pre#e international cri#e9 was silently
abandoned when a n%#ber of #en were sentenced to death who had never been convicted of a
9conspiracy9 against peace
!n :%stification of the "ich#ann trial, it has fre/%ently been #aintained that altho%gh the greatest
cri#e co##itted d%ring the last war had been against the $ews, the $ews had been only
bystanders in N%re#berg, and the :%dg#ent of the $er%sale# co%rt #ade the point that now, for
the first ti#e, the $ewish catastrophe 9occ%pied the central place in the co%rt proceedings, and
EthatF it was this fact which disting%ished this trial fro# those which preceded it,9 at N%re#berg
and elsewhere 2%t this is, at best, a half0tr%th !t was precisely the $ewish catastrophe that
pro#pted the )llies to conceive of a 9cri#e against h%#anity9 in the first place, beca%se, $%li%s
2BB
*tone has written, in Aegal (ontrols of !nternational (onflict <19B6>, 9the #ass #%rder of the
$ews, if they were 4er#any@s own nationals, co%ld only be reached by the h%#anity co%nt9 )nd
what had prevented the N%re#berg Trib%nal fro# doing f%ll :%stice to this cri#e was not that its
victi#s were $ews b%t that the (harter de#anded that this cri#e, which had so little to do with
war that its co##ission act%ally conflicted with and hindered the war@s cond%ct, was to be tied %p
with the other cri#es 1ow deeply the N%re#berg :%dges were aware of the o%trage perpetrated
against the $ews #ay perhaps best be ga%ged by the fact that the only defendant to be
conde#ned to death on a cri#e0against0h%#anity charge alone was $%li%s *treicher, whose
specialty had been anti0*e#itic obscenities !n this instance, the :%dges disregarded all other
considerations
+hat disting%ished the trial in $er%sale# fro# those that preceded it was not that the $ewish
people now occ%pied the central place !n this respect, on the contrary, the trial rese#bled the
postwar trials in 3oland and 1%ngary, in &%goslavia and 4reece, in *oviet R%ssia and 'rance, in
short, in all for#erly Na-i0occ%pied co%ntries The !nternational Military Trib%nal at N%re#berg
had been established for war cri#inals whose cri#es co%ld not be locali-ed, all others were
delivered to the co%ntries where they had co##itted their cri#es ?nly the 9#a:or war cri#inals9
had acted witho%t territorial li#itations, and "ich#ann certainly was not one of the# <This 0 and
not, as was fre/%ently #aintained, his disappearance 0 was the reason he was not acc%sed at
N%re#berg; Martin 2or#ann, for instance, was acc%sed, tried, and conde#ned to death in
absentia> !f "ich#ann@s activities had spread all over occ%pied "%rope, this was so not beca%se
he was so i#portant that territorial li#its did not apply to hi# b%t beca%se it was in the nat%re of
his task, the collection and deportation of all $ews, that he and his #en had to roa# the continent
!t was the territorial dispersion of the $ews that #ade the cri#e against the# an 9international9
concern in the li#ited, legal sense of the N%re#berg (harter ?nce the $ews had a territory of
their own, the *tate in !srael, they obvio%sly had as #%ch right to sit in :%dg#ent on the cri#es
2B6
co##itted against their people as the 3oles had to :%dge cri#es co##itted in 3oland )ll
ob:ections raised against the $er%sale# trial on the gro%nd of the principle of territorial :%risdiction
were legalistic in the e.tre#e, and altho%gh the co%rt spent a n%#ber of sessions disc%ssing all
these ob:ections, they were act%ally of no great relevance There was not the slightest do%bt that
$ews had been killed /%a $ews, irrespective of their nationalities at the ti#e, and tho%gh it is tr%e
that the Na-is killed #any $ews who had chosen to deny their ethnic origin, and wo%ld perhaps
have preferred to be killed as 'rench#en or as 4er#ans, :%stice co%ld be done even in these
cases only if one took the intent and the p%rpose of the cri#inals into acco%nt
"/%ally %nfo%nded, ! think, was the even #ore fre/%ent arg%#ent against the possible partiality of
$ewish :%dges 0 that they, especially if they were citi-ens of a $ewish *tate, were :%dging in their
own ca%se !t is diffic%lt to see how the $ewish :%dges differed in this respect fro# their
colleag%es in any of the other *%ccessor trials, where 3olish :%dges prono%nced sentence for
cri#es against the 3olish people, or (-ech :%dges sat in :%dg#ent on what had happened in
3rag%e and in 2ratislava <Mr 1a%sner, in the last of his articles in the *at%rday "vening 3ost,
%nwittingly added new f%el to this arg%#ent8 he said that the prosec%tion reali-ed at once that
"ich#ann co%ld not be defended by an !sraeli lawyer, beca%se there wo%ld be a conflict between
9professional d%ties9 and 9national e#otions9 +ell, this conflict constit%ted the gist of all the
ob:ections to $ewish :%dges, and Mr 1a%sner@s arg%#ent in their favor, that a :%dge #ay hate the
cri#e and yet be fair to the cri#inal, applies to the defense co%nsel as well8 the lawyer who
defends a #%rderer s%res o%tside the co%rtroo# #ade it inadvisable, to p%t it #ildly, to charge an
!sraeli citi-en with the defense of "ich#ann > 'inally, the arg%#ent that no $ewish *tate had
e.isted at the ti#e when the cri#e was co##itted is s%rely so for#alistic, so o%t of t%ne with
reality and with all de#ands that :%stice #%st be done, that we #ay safely leave it to the learned
debates of the e.perts !n the interest of :%stice <as disting%ished fro# the concern with certain
proced%res which, i#portant in its own right, can never be per#itted to overr%le :%stice, the law@s
2BH
chief concern>, the co%rt, to :%stify its co#petence, wo%ld have needed to invoke neither the
principle of passive personality 0 that the victi#s were $ews and that only !srael was entitled to
speak in their na#es 0 nor the principle of %niversal :%risdiction, applying to "ich#ann beca%se he
was hostis generis h%#ani the r%les that are applicable to piracy 2oth theories, disc%ssed at
length inside and o%tside the $er%sale# co%rtroo#, act%ally bl%rred the iss%es and obsc%red the
obvio%s si#ilarity between the $er%sale# trial and the trials that had preceded it in other co%ntries
where special legislation had likewise been enacted to ens%re the p%nish#ent of the Na-is or
their collaborators
The passive0personality principle, which in $er%sale# was based %pon the learned opinion of 3
N 7rost, in (ri#e of *tate <19B9>, that %nder certain circ%#stances 9the for%# patriae victi#ae
#ay be co#petent to try the case,9 %nfort%nately i#plies that cri#inal proceedings are initiated by
the govern#ent in the na#e of the victi#s, who are ass%#ed to have a right to revenge This was
indeed the position of the prosec%tion, and Mr 1a%sner opened his address with the following
words8 9+hen ! stand before yo%, :%dges of !srael, in this co%rt, to acc%se )dolf "ich#ann, ! do
not stand alone 1ere with #e at this #o#ent stand si. #illion prosec%tors 2%t alas, they cannot
rise to level the finger of acc%sation in the direction of the glass dock and cry o%t $@acc%se against
the #an who sits there Their blood cries to 1eaven, b%t their voice cannot be heard Th%s it
falls to #e to be their #o%thpiece and to deliver the heino%s acc%sation in their na#e9 +ith s%ch
rhetoric the prosec%tion gave s%bstance to the chief arg%#ent against the trial, that it was
established not in order to satisfy the de#ands of :%stice b%t to still the victi#s@ desire for and,
perhaps, right to vengeance (ri#inal proceedings, since they are #andatory and th%s initiated
even if the victi# wo%ld prefer to forgive and forget, rest on laws whose 9essence9 0 to /%ote
Telford Taylor, writing in the New &ork Ti#es Maga-ine 0 9is that a cri#e is not co##itted only
against the victi# b%t pri#arily against the co##%nity whose law is violated9 The wrongdoer is
bro%ght to :%stice beca%se his act has dist%rbed and gravely endangered the co##%nity as a
2BJ
whole, and not beca%se, as in civil s%its, da#age has been done to individ%als who are entitled to
reparation The reparation effected in cri#inal cases is of an altogether different nat%re; it is the
body politic itself that stands in need of being 9repaired,9 and it is the general p%blic order that has
been thrown o%t of gear and #%st be restored, as it were !t is, in other words, the law, not the
plaintiff, that #%st prevail
"ven less :%stifiable than the prosec%tion@s effort to rest its case on the passive0personality
principle was the inclination of the co%rt to clai# co#petence in the na#e of %niversal :%risdiction,
for it was in flagrant conflict with the cond%ct of the trial as well as with the law %nder which
"ich#ann was tried The principle of %niversal :%risdiction, it was said, was applicable beca%se
cri#es against h%#anity are si#ilar to the old cri#e of piracy, and who co##its the# has
beco#e, like the pirate in traditional international law, hostis h%#ani generis "ich#ann, however,
was acc%sed chiefly of cri#es against the $ewish people, and his capt%re, which the theory of
%niversal :%risdiction was #eant to e.c%se, was certainly not d%e to his also having co##itted
cri#es against h%#anity b%t e.cl%sively to his role in the 'inal *ol%tion of the $ewish proble#
&et even if !srael had kidnaped "ich#ann solely beca%se he was hostis h%#ani generis and not
beca%se he was hostis $%daeor%#, it wo%ld have been diffic%lt to :%stify the legality of his arrest
The pirate@s e.ception to the territorial principle 0 which, in the absence of an international penal
code, re#ains the only valid legal principle 0 is #ade not beca%se he is the ene#y of all, and
hence can be :%dged by all, b%t beca%se his cri#e is co##itted on the high seas, and the high
seas are no #an@s land The pirate, #oreover, 9in defiance of all law, acknowledging obedience
to no flag whatsoever9 <1 Keisel, 2ritannica 2ook of the &ear, 1962>, is, by definition, in b%siness
entirely for hi#self; he is an o%tlaw beca%se he has chosen to p%t hi#self o%tside all organi-ed
co##%nities, and it is for this reason that he has beco#e 9the ene#y of all alike9 *%rely, no one
will #aintain that "ich#ann was in b%siness for hi#self or that he acknowledged obedience to no
flag whatsoever !n this respect, the piracy theory served only to dodge one of the f%nda#ental
2B9
proble#s posed by cri#es of this kind, na#ely, that they were, and co%ld only be, co##itted
%nder a cri#inal law and by a cri#inal state
The analogy between genocide and piracy is not new, and it is therefore of so#e i#portance to
note that the 4enocide (onvention, whose resol%tions were adopted by the ,nited Nations
4eneral )sse#bly on 7ece#ber 9, 196J, e.pressly re:ected the clai# to %niversal :%risdiction
and provided instead that 9persons charged with genocide shall be tried by a co#petent
trib%nal of the *tates in the territory of which the act was co##itted or by s%ch international penal
trib%nal as #ay have :%risdiction9 !n accordance with this (onvention, of which !srael was a
signatory, the co%rt sho%ld have either so%ght to establish an international trib%nal or tried to
refor#%late the territorial principle in s%ch a way that it applied to !srael 2oth alternatives lay
definitely within the real# of possibility and within the co%rt@s co#petence The possibility of
establishing an international trib%nal was c%rsorily dis#issed by the co%rt for reasons which we
shall disc%ss later, b%t the reason no #eaningf%l redefinition of the territorial principle was so%ght
0 so that the co%rt finally clai#ed :%risdiction on the gro%nd of all three principles8 territorial as well
as passive0personality and %niversal0:%risdiction, as tho%gh #erely adding together three entirely
different legal principles wo%ld res%lt in a valid clai# 0 was certainly closely connected with the
e.tre#e rel%ctance of all concerned to break fresh gro%nd and act witho%t precedents !srael
co%ld easily have clai#ed territorial :%risdiction if she had only e.plained that 9territory,9 as the
law %nderstands it, is a political and a legal concept, and not #erely a geographical ter# !t
relates not so #%ch, and not pri#arily, to a piece of land as to the space between individ%als in a
gro%p whose #e#bers are bo%nd to, and at the sa#e ti#e separated and protected fro#, each
other by all kinds of relationships, based on a co##on lang%age, religion, a co##on history,
c%sto#s, and laws *%ch relationships beco#e spatially #anifest insofar as they the#selves
constit%te the space wherein the different #e#bers of a gro%p relate to and have interco%rse with
each other No *tate of !srael wo%ld ever have co#e into being if the $ewish people had not
265
created and #aintained its own specific in0between space thro%gho%t the long cent%ries of
dispersion, that is, prior to the sei-%re of its old territory The co%rt, however, never rose to the
challenge of the %nprecedented, not even in regard to the %nprecedented nat%re of the origins of
the !srael state, which certainly was closest to its heart and tho%ght !nstead, it b%ried the
proceedings %nder a flood of precedents 0 d%ring the sessions of the first week of the trial, to
which the first fifty0three sections of the :%dg#ent correspond 0 #any of which so%nded, at least
to the lay#an@s ear, like elaborate sophis#s
The "ich#ann trial, then, was in act%al fact no #ore, b%t also no less, than the last of the
n%#ero%s *%ccessor trials which followed the N%re#berg Trials )nd the indict#ent /%ite
properly carried in an appendi. the official interpretation of the Aaw of 19B5 by 3inhas Rosen,
then Minister of $%stice, which co%ld not be clearer and less e/%ivocal8 9+hile other peoples
passed s%itable legislation for the p%nish#ent of the Na-is and their collaborators soon after the
end of the war, and so#e even before it was over, the $ewish people had no political a%thority
to bring the Na-i cri#inals and their collaborators to :%stice %ntil the establish#ent of the *tate9
1ence, the "ich#ann trial differed fro# the *%ccessor trials only in one respect 0 the defendant
had not been d%ly arrested and e.tradited to !srael; on the contrary, a clear violation of
international law had been co##itted in order to bring hi# to :%stice +e #entioned before that
only "ich#ann@s de facto statelessness enabled !srael to get away with kidnaping hi#, and it is
%nderstandable that despite the inn%#erable precedents cited in $er%sale# to :%stify the act of
kidnaping, the only relevant one, the capt%re of 2erthold $akob, a Aeftist 4er#an $ewish
:o%rnalist, in *wit-erland by 4estapo agents in 193B, was never #entioned <None of the other
precedents applied, beca%se they invariably concerned a f%gitive fro# :%stice who was bro%ght
back not only to the place of his cri#es b%t to a co%rt that had iss%ed, or co%ld have iss%ed, a
valid warrant of arrest0conditions that !srael co%ld not have f%lfilled> !n this instance, !srael had
indeed violated the territorial principle, whose great significance lies in the fact that the earth is
261
inhabited by #any peoples and that these peoples are r%led by #any different laws, so that every
e.tension of one territory@s law beyond the borders and li#itations of its validity will bring it into
i##ediate conflict with the law of another territory
This, %nhappily, was the only al#ost %nprecedented feat%re in the whole "ich#ann trial, and
certainly it was the least entitled ever to beco#e a valid precedent <+hat are we going to say if
to#orrow it occ%rs to so#e )frican state to send its agents into Mississippi and to kidnap one of
the leaders of the segregationist #ove#ent thereC )nd what are we going to reply if a co%rt in
4hana or the (ongo /%otes the "ich#ann case as a precedentC> !ts :%stification was the
%nprecedentedness of the cri#e and the co#ing into e.istence of a $ewish *tate There were,
#oreover, i#portant #itigating circ%#stances in that there hardly e.isted a tr%e alternative if one
indeed wished to bring "ich#ann to :%stice )rgentina had an i#pressive record for not
e.traditing Na-i cri#inals; even if there had been an e.tradition treaty between !srael and
)rgentina, an e.tradition re/%est wo%ld al#ost certainly not have been honored Nor wo%ld it
have helped to hand "ich#ann over to the )rgentine police for e.tradition to +est 4er#any; for
the 2onn govern#ent had earlier so%ght e.tradition fro# )rgentina of s%ch well0known Na-i
cri#inals as Darl Dlingenf%ss and 7r $osef Mengele <the latter i#plicated in the #ost horrifying
#edical e.peri#ents at )%schwit- and in charge of the 9selection9> witho%t any s%ccess !n the
case of "ich#ann, s%ch a re/%est wo%ld have been do%bly hopeless, since, according to
)rgentine law, all offenses connected with the last war had fallen %nder the stat%te of li#itation
fifteen years after the end of the war, so that after May H, 1965, "ich#ann co%ld not have been
legally e.tradited anyway !n short, the real# of legality offered no alternative to kidnaping
Those who are convinced that :%stice, and nothing else, is the end of law will be inclined to
condone the kidnaping act, tho%gh not beca%se of precedents b%t, on the contrary, as a
desperate, %nprecedented and no0precedent0setting act, necessitated by the %nsatisfactory
condition of international law !n this perspective, there e.isted b%t one real alternative to what
262
!srael had done8 instead of capt%ring "ich#ann and flying hi# to !srael, the !sraeli agents co%ld
have killed hi# right then and there, in the streets of 2%enos )ires This co%rse of action was
fre/%ently #entioned in the debates on the case and, so#ewhat oddly, was reco##ended #ost
fervently by those who were #ost shocked by the kidnaping The notion was not witho%t #erit,
beca%se the facts of the case were beyond disp%te, b%t those who proposed it forgot that he who
takes the law into his own hands will render a service to :%stice only if he is willing to transfor#
the sit%ation in s%ch a way that the law can again operate and his act can, at least posth%#o%sly,
be validated Two precedents in the recent past co#e i##ediately to #ind There was the case
of *halo# *chwart-bard, who in 3aris on May 2B, 1926, shot and killed *i#on 3etly%ra, for#er
het#an of the ,krainian ar#ies and responsible for the pogro#s d%ring the R%ssian civil war that
clai#ed abo%t a h%ndred tho%sand victi#s between 191H and 1925 )nd there was the case of
the )r#enian Tehlirian, who, in 1921, in the #iddle of 2erlin, shot to death Talaat 2ey, the great
killer in the )r#enian pogro#s of 191B, in which it is esti#ated that a third <si. h%ndred tho%sand>
of the )r#enian pop%lation in T%rkey was #assacred The point is that neither of these assassins
was satisfied with killing 9his9 cri#inal, b%t that both i##ediately gave the#selves %p to the police
and insisted on being tried "ach %sed his trial to show the world thro%gh co%rt proced%re what
cri#es against his people had been co##itted and gone %np%nished !n the *chwart-bard trial,
especially, #ethods very si#ilar to those in the "ich#ann trial were %sed There was the sa#e
stress on e.tensive doc%#entation of the cri#es, b%t that ti#e it was prepared for the defense <by
the (o#itI des 7IlIgations $%ives, %nder the chair#anship of the late 7r Aeo Mot-kin, which
needed a year and a half to collect the #aterial and then p%blished it in Aes 3ogro#es en ,kraine
so%s les go%verne#ents %krainiens 191H01925, 192H>, :%st as that ti#e it was the acc%sed and
his lawyer who spoke in the na#e of the victi#s, and who, incidentally, even then raised the point
abo%t the $ews 9who had never defended the#selves9 <*ee the plaidoyer of 1enri TorrYs in his
book Ae 3rocYs des 3ogro#es, 192J>
263
2oth #en were ac/%itted, and in both cases it was felt that their gest%re 9signified that their race
had finally decided to defend itself, to leave behind its #oral abdication, to overco#e its
resignation in the face of ins%lts,9 as 4eorges *%are- ad#iringly p%t it in the case of *halo#
*chwart-bard
The advantages of this sol%tion to the proble# of legalities that stand in the way of :%stice are
obvio%s The trial, it is tr%e, is again a 9show9 trial, and even a show, b%t its 9hero,9 the one in the
center of the play, on who# all eyes are fastened, is now the tr%e hero, while at the sa#e ti#e
the trial character of the proceedings is safeg%arded, beca%se it is not 9a spectacle with
prearranged res%lts9 b%t contains that ele#ent of 9irred%cible risk9 which, according to
Dirchhei#er, is an indispensable factor in all cri#inal trials )lso, the $@acc%se, so indispensable
fro# the viewpoint of the victi#, so%nds, of co%rse, #%ch #ore convincing in the #o%th of a #an
who has been forced to take the law into his own hands than in the voice of a govern#entappointed
agent who risks nothing )nd yet 0 /%ite apart fro# practical considerations, s%ch as
that 2%enos )ires in the si.ties hardly offers either the sa#e g%arantees or the sa#e p%blicity for
the defendant that 3aris and 2erlin offered in the twenties 0 it is #ore than do%btf%l that this
sol%tion wo%ld have been :%stifiable in "ich#ann@s case, and it is obvio%s that it wo%ld have been
altogether %n:%stifiable if carried o%t by govern#ent agents The point in favor of *chwart-bard
and Tehlirian was that each was a #e#ber of an ethnic gro%p that did not possess its own state
and legal syste#, that there was no trib%nal in the world to which either gro%p co%ld have bro%ght
its victi#s *chwart-bard, who died in 193J, #ore than ten years before the procla#ation of the
$ewish *tate, was not a Kionist, and not a nationalist of any sort; b%t there is no do%bt that he
wo%ld have welco#ed the *tate of !srael enth%siastically, for no other reason than that it wo%ld
have provided a trib%nal for cri#es that had so often gone %np%nished 1is sense of :%stice wo%ld
have been satisfied )nd when we read the letter he addressed fro# his prison in 3aris to his
brothers and sisters in ?dessa 0 9'ailes savoir daps les villes et dans les villages de 2alta,
266
3rosko%ro, T-cherkass, ?%#an, $ito#ir , porte-0y le #essage Idifiant8 la colYre :%ive a tirI sa
vengeanceO Ae sang de l@assassin 3etlio%ra, /%i a :ailli daps la ville #ondiale, a 3aris,
rappellera le cri#e fIroce co##is envers le pa%vre et abandonnI people :%if 9 0 we recogni-e
i##ediately not, perhaps, the lang%age that Mr 1a%sner act%ally spoke d%ring the trial <*halo#
*chwart-bard@s lang%age was infinitely #ore dignified and #ore #oving> b%t certainly the
senti#ents and the state of #ind of $ews all over the world to which it was bo%nd to appeal
! have insisted on the si#ilarities between the *chwart-bard trial in 192H in 3aris and the
"ich#ann trial in 1961 in $er%sale# beca%se they de#onstrate how little !srael, like the $ewish
people in general, was prepared to recogni-e, in the cri#es that "ich#ann was acc%sed of, an
%nprecedented cri#e, and precisely how diffic%lt s%ch a recognition #%st have been for the
$ewish people !n the eyes of the $ews, thinking e.cl%sively in ter#s of their own history, the
catastrophe that had befallen the# %nder 1itler, in which a third of the people perished, appeared
not as the #ost recent of cri#es, the %nprecedented cri#e of genocide, b%t, on the contrary, as
the oldest cri#e they knew and re#e#bered This #is%nderstanding, al#ost inevitable if we
consider not only the facts of $ewish history b%t also, and #ore i#portant, the c%rrent $ewish
historical self0%nderstanding, is act%ally at the root of all the fail%res and shortco#ings of the
$er%sale# trial None of the participants ever arrived at a clear %nderstanding of the act%al horror
of )%schwit-, which is of a different nat%re fro# all the atrocities of the past, beca%se it appeared
to prosec%tion and :%dges alike as not #%ch #ore than the #ost horrible pogro# in $ewish
history They therefore believed that a direct line e.isted fro# the early anti0*e#itis# of the Na-i
3arty to the N%re#berg Aaws and fro# there to the e.p%lsion of $ews fro# the Reich and, finally,
to the gas cha#bers 3olitically and legally, however, these were 9cri#es9 different not only in
degree of serio%sness b%t in essence
The N%re#berg Aaws of 193B legali-ed the discri#ination practiced before that by the 4er#an
#a:ority against the $ewish #inority )ccording to international law, it was the privilege of the
26B
sovereign 4er#an nation to declare to be a national #inority whatever part of its pop%lation it
saw fit, as long as its #inority laws confor#ed to the rights and g%arantees established by
internationally recogni-ed #inority treaties and agree#ents !nternational $ewish organi-ations
therefore pro#ptly tried to obtain for this newest #inority the sa#e rights and g%arantees that
#inorities in "astern and *o%theastern "%rope had been granted at 4eneva 2%t even tho%gh
this protection was not granted, the N%re#berg Aaws were generally recogni-ed by other nations
as part of 4er#an law, so that it was i#possible for a 4er#an national to enter into a 9#i.ed
#arriage9 in 1olland, for instance The cri#e of the N%re#berg Aaws was a national cri#e; it
violated national, constit%tional rights and liberties, b%t it was of no concern to the co#ity of
nations 9"nforced e#igration,9 however, or e.p%lsion, which beca#e official policy after 193J,
did concern the international co##%nity, for the si#ple reason that those who were e.pelled
appeared at the frontiers of other co%ntries, which were forced either to accept the %ninvited
g%ests or to s#%ggle the# into another co%ntry, e/%ally %nwilling to accept the# ".p%lsion of
nationals, in other words, is already an offense against h%#anity, if by 9h%#anity9 we %nderstand
no #ore than the co#ity of nations Neither the national cri#e of legali-ed discri#ination, which
a#o%nted to persec%tion by law, nor the @international cri#e of e.p%lsion was %nprecedented,
even in the #odern age Aegali-ed discri#ination had been practiced by all 2alkan co%ntries, and
e.p%lsion on a #ass scale had occ%rred after #any revol%tions !t was when the Na-i regi#e
declared that the 4er#an people not only were %nwilling to have any $ews in 4er#any b%t
wished to #ake the entire $ewish people disappear fro# the face of the earth that the new cri#e,
the cri#e against h%#anity 0 in the sense of a cri#e 9against the h%#an stat%s,9 or against the
very nat%re of #ankind 0 appeared ".p%lsion and genocide, tho%gh both are international
offenses, #%st re#ain distinct; the for#er is an offense against fellow0nations, whereas the latter
is an attack %pon h%#an diversity as s%ch, that is, %pon a characteristic of the 9h%#an stat%s9
witho%t which the very words 9#ankind9 or 9h%#anity@ wo%ld be devoid of #eaning
266
1ad the co%rt in $er%sale# %nderstood that there were distinctions between discri#ination,
e.p%lsion, and genocide, it wo%ld i##ediately have beco#e clear that the s%pre#e cri#e it was
confronted with, the physical e.ter#ination of the $ewish people, was a cri#e against h%#anity,
perpetrated %pon the body of the $ewish people, and that only the choice of victi#s, not the
nat%re of the cri#e, co%ld be derived fro# the long history of $ew0hatred and anti0*e#itis#
!nsofar as the victi#s were $ews, it was right and proper that a $ewish co%rt sho%ld sit in
:%dg#ent; b%t insofar as the cri#e was a cri#e against h%#anity, it needed an international
trib%nal to do :%stice to it <The fail%re of the co%rt to draw this distinction was s%rprising, beca%se
it had act%ally been #ade before by the for#er !sraeli Minister of $%stice, Mr Rosen, who in 19B5
had insisted on 9a distinction between this bill Efor cri#es against the $ewish peopleF and the Aaw
for the 3revention and 3%nish#ent of 4enocide,9 which was disc%ssed b%t not passed by the
!sraeli 3arlia#ent ?bvio%sly, the co%rt felt it had no right to overstep the li#its of #%nicipal law,
so that genocide, not being covered by an !sraeli law, co%ld not properly enter into its
considerations> )#ong the n%#ero%s and highly /%alified voices that raised ob:ections to the
co%rt in $er%sale# and were in favor of an international trib%nal, only one, that of Darl $aspers,
stated clearly and %ne/%ivocally 0 in a radio interview held before the trial began and later
p%blished in 7er Monat 0 that 9the cri#e against the $ews was also a cri#e against #ankind,9 and
that 9conse/%ently the verdict can be handed down only by a co%rt of :%stice representing all
#ankind9 $aspers proposed that the co%rt in $er%sale#, after hearing the fact%al evidence,
9waive9 the right to pass sentence, declaring itself 9inco#petent9 to do so, beca%se the legal
nat%re of the cri#e in /%estion was still open to disp%te, as was the s%bse/%ent /%estion of who
wo%ld be co#petent to pass sentence on a cri#e which had been co##itted on govern#ent
orders $aspers stated f%rther that one thing alone was certain8 9This cri#e is both #ore and less
than co##on #%rder,9 and tho%gh it was not a 9war cri#e,9 either, there was no do%bt that
9#ankind wo%ld certainly be destroyed if states were per#itted to perpetrate s%ch cri#es9
26H
$aspers@ proposal, which no one in !srael even bothered to disc%ss, wo%ld, in this for#,
pres%#ably have been i#practicable fro# a p%rely technical point of view The /%estion of a
co%rt@s :%risdiction #%st be decided before the trial begins; and once a co%rt has been declared
co#petent, it #%st also pass :%dg#ent 1owever, these p%rely for#alistic ob:ections co%ld easily
have been #et if $aspers had called not %pon the co%rt, b%t rather %pon the state of !srael to
waive its right to carry o%t the sentence once it had been handed down, in view of the
%nprecedented nat%re of the co%rt@s findings !srael #ight then have had reco%rse to the ,nited
Nations and de#onstrated, with all the evidence at hand, that the need for an international
cri#inal co%rt was i#perative, in view of these new cri#es co##itted against #ankind as a
whole !t wo%ld then have been in !srael@s power to #ake tro%ble, to 9create a wholeso#e
dist%rbance,9 by asking again and again :%st what it sho%ld do with this #an who# it was holding
prisoner; constant repetition wo%ld have i#pressed on worldwide p%blic opinion the need for a
per#anent international cri#inal co%rt ?nly by creating, in this way, an 9e#barrassing sit%ation9
of concern to the representatives of all nations wo%ld it be possible to prevent 9#ankind fro#
setting its #ind at ease9 and 9#assacre of the $ews fro# beco#ing a #odel for cri#es to
co#e, perhaps the s#all0scale and /%ite paltry e.a#ple of f%t%re genocide9 The very
#onstro%sness of the events is 9#ini#i-ed9 before a trib%nal that represents one nation only
This arg%#ent in favor of an international trib%nal was %nfort%nately conf%sed with other
proposals based on different and considerably less weighty considerations Many friends of
!srael, both $ews and non0$ews, feared that the trial wo%ld har# !srael@s prestige and give rise to
a reaction against $ews the world over !t was tho%ght that $ews did not have the right to appear
as :%dges in their own case, b%t co%ld act only as acc%sers; !srael sho%ld therefore hold
"ich#ann prisoner %ntil a special trib%nal co%ld be created by the ,nited Nations to :%dge hi#
R%ite apart fro# the fact that !srael, in the proceedings against "ich#ann, was doing no #ore
than what all the co%ntries which had been occ%pied by 4er#any had long since done, and that
26J
:%stice was at stake here, not the prestige of !srael or of the $ewish people, all these proposals
had one flaw in co##on8 they co%ld too easily be co%ntered by !srael They were indeed /%ite
%nrealistic in view of the fact that the ,N 4eneral )sse#bly had 9twice re:ected proposals to
consider the establish#ent of a per#anent international cri#inal co%rt9 <)7A 2%lletin> 2%t
another, #ore practical proposition, which %s%ally is not #entioned precisely beca%se it was
feasible, was #ade by 7r Nah%# 4old#ann, president of the +orld $ewish (ongress
4old#ann called %pon 2en04%rion to set %p an international co%rt in $er%sale#, with :%dges fro#
each of the co%ntries that had s%ffered %nder Na-i occ%pation This wo%ld not have been eno%gh;
it wo%ld have been only an enlarge#ent of the *%ccessor trials, and the chief i#pair#ent of
:%stice, that it was being rendered in the co%rt of the victors, wo%ld not have been c%red 2%t it
wo%ld have been a practical step in the right direction
!srael, as #ay be re#e#bered, reacted against all these proposals with great violence )nd while
it is tr%e, as has been pointed o%t by &osal Rogat <in The "ich#ann Trial and the R%le of Aaw,
p%blished by the (enter for the *t%dy of 7e#ocratic !nstit%tions, *anta 2arbara, (alifornia, 1962>,
that 2en04%rion always 9see#ed to #is%nderstand co#pletely when asked, G+hy sho%ld he not
be tried before an international co%rtC,@ 9 it is also tr%e that those who asked the /%estion did not
%nderstand that for !srael the only %nprecedented feat%re of the trial was that, for the first ti#e
<since the year H5, when $er%sale# was destroyed by the Ro#ans>, $ews were able to sit in
:%dg#ent on cri#es co##itted against their own people, that, for the first ti#e, they did not need
to appeal to others for protection and :%stice, or fall back %pon the co#pro#ised phraseology of
the rights of #an 0 rights which, as no one knew better than they, were clai#ed only by people
who were too weak to defend their 9rights of "nglish#en9 and to enforce their own laws <The
very fact that !srael had her own law %nder which s%ch a trial co%ld be held had been called, long
before the "ich#ann trial, an e.pression of 9a revol%tionary transfor#ation that has taken place in
the political position of the $ewish people9 0 by Mr Rosen on the occasion of the 'irst Reading of
269
the Aaw of 19B5 in the Dnesset> !t was against the backgro%nd of these very vivid e.periences
and aspirations that 2en04%rion said8 9!srael does not need the protection of an !nternational
(o%rt9
Moreover, the arg%#ent that the cri#e against the $ewish people was first of all a cri#e against
#ankind, %pon which the valid proposals for an international trib%nal rested, stood in flagrant
contradiction to the law %nder which "ich#ann was tried 1ence, those who proposed that !srael
give %p her prisoner sho%ld have gone one step f%rther and declared8 The Na-is and Na-i
(ollaborators <3%nish#ent> Aaw of 19B5 is wrong, it is in contradiction to what act%ally happened,
it does not cover the facts )nd this wo%ld indeed have been /%ite tr%e 'or :%st as a #%rderer is
prosec%ted beca%se he has violated the law of the co##%nity, and not beca%se he has deprived
the *#ith fa#ily of its h%sband, father, and breadwinner, so these #odern, state 0 e#ployed
#ass #%rderers #%st be prosec%ted beca%se they violated the order of #ankind, and not
beca%se they killed #illions of people Nothing is #ore pernicio%s to an %nderstanding of these
new cri#es, or stands #ore in the way of the e#ergence of an international penal code that co%ld
take care of the#, than the co##on ill%sion that the cri#e of #%rder and the cri#e of genocide
are essentially the sa#e, and that the latter therefore is 9no new cri#e properly speaking9 The
point of the latter is that an altogether different order is broken and an altogether different
co##%nity is violated )nd, indeed, it was beca%se 2en04%rion knew /%ite well that the whole
disc%ssion act%ally concerned the validity of the !sraeli law that he finally reacted nastily, and not
:%st with violence, against the critics of !sraeli proced%res8 +hatever these 9so0called e.perts9
had to say, their arg%#ents were 9sophis#s,9 inspired either by anti0*e#itis#, or, in the case of
$ews, by inferiority co#ple.es 9Aet the world %nderstand8 +e shall not give %p o%r prisoner9
!t is only fair to say that this was by no #eans the tone in which the trial was cond%cted in
$er%sale# 2%t ! think it is safe to predict that this last of the *%ccessor trials will no #ore, and
perhaps even less than its predecessors, serve as a valid precedent for f%t%re trials of s%ch
2H5
cri#es This #ight be of little i#port in view of the fact that its #ain p%rpose 0 to prosec%te and to
defend, to :%dge and to p%nish )dolf "ich#ann 0 was achieved, if it were not for the rather
%nco#fortable b%t hardly deniable possibility that si#ilar cri#es #ay be co##itted in the f%t%re
The reasons for this sinister potentiality are general as well as partic%lar !t is in the very nat%re of
things h%#an that every act that has once #ade its appearance and has been recorded in the
history of #ankind stays with #ankind as a potentiality long after its act%ality has beco#e a thing
of the past No p%nish#ent has ever possessed eno%gh power of deterrence to prevent the
co##ission of cri#es ?n the contrary, whatever the p%nish#ent, once a specific cri#e has
appeared for the first ti#e, its reappearance is #ore likely than its initial e#ergence co%ld ever
have been The partic%lar reasons that speak for the possibility of a repetition of the cri#es
co##itted by the Na-is are even #ore pla%sible The frightening coincidence of the #odern
pop%lation e.plosion with the discovery of technical devices that, thro%gh a%to#ation, will #ake
large sections of the pop%lation 9s%perfl%o%s9 even in ter#s of labor, and that, thro%gh n%clear
energy, #ake it possible to deal with this twofold threat by the %se of instr%#ents beside which
1itler@s gassing installations look like an evil child@s f%#bling toys, sho%ld be eno%gh to #ake %s
tre#ble
!t is essentially for this reason8 that the %nprecedented, once it has appeared, #ay beco#e a
precedent for the f%t%re, that all trials to%ching %pon 9cri#es against h%#anity9 #%st be :%dged
according to a standard that is today still an 9ideal9 !f genocide is an act%al possibility of the
f%t%re, then no people on earth 0 least of all, of co%rse, the $ewish people, in !srael or elsewhere 0
can feel reasonably s%re of its contin%ed e.istence witho%t the help and the protection of
international law *%ccess or fail%re in dealing with the hitherto %nprecedented can lie only in the
e.tent to which this dealing #ay serve as a valid precedent on the road international penal law
)nd this de#and, addressed to the :%dges in s%ch trials, does not overshoot the #ark and ask for
#ore than can reasonably be e.pected !nternational law, $%stice $ackson pointed o%t at
2H1
N%re#berg, 9is an o%tgrowth of treaties and agree#ents between nations and of accepted
c%sto#s &et every c%sto# has its origin in so#e single act ?%r own day has the right to
instit%te c%sto#s and to concl%de agree#ents that will the#selves beco#e so%rces of a newer
and strengthened international law9 +hat $%stice $ackson failed to point o%t is that, in
conse/%ence of this yet %nfinished nat%re of international law, it has beco#e the task of ordinary
trial :%dges to render :%stice witho%t the help of, or beyond the li#itation set %pon the# thro%gh,
positive, posited laws 'or the :%dge, this #ay be a predica#ent, and he is only too likely to
protest that the 9single act9 de#anded of hi# is not his to perfor# b%t is the b%siness of the
legislator
)nd, indeed, before we co#e to any concl%sion abo%t the s%ccess or fail%re of the $er%sale#
co%rt, we #%st stress the :%dges@ fir# belief that they had no right to beco#e legislators, that they
had to cond%ct their b%siness within the li#its of !sraeli law, on the one side, and of accepted
legal opinion, on the other !t #%st be ad#itted f%rther#ore that their fail%res were neither in kind
nor in degree greater than the fail%res of the N%re#berg Trials or the *%ccessor trials in other
"%ropean co%ntries ?n the contrary, part of the fail%re of the $er%sale# co%rt was d%e to its all
too eager adherence to the N%re#berg precedent wherever possible
!n s%#, the fail%re of the $er%sale# co%rt consisted in its not co#ing to grips with three
f%nda#ental iss%es, all of which have been s%fficiently well known and widely disc%ssed since the
establish#ent of the N%re#berg Trib%nal8 the proble# of i#paired :%stice in the co%rt of the
victors; a valid definition of the 9cri#e against h%#anity9; and a clear recognition of the new
cri#inal who co##its this cri#e
)s to the first of these, :%stice was #ore serio%sly i#paired in $er%sale# than it was at
N%re#berg, beca%se the co%rt did not ad#it witnesses for the defense !n ter#s of the traditional
re/%ire#ents for fair and d%e process of law, this was the #ost serio%s flaw in the $er%sale#
proceedings Moreover, while :%dg#ent in the co%rt of the victors was perhaps inevitable at the
2H2
close of the war <to $%stice $ackson@s arg%#ent in N%re#berg8 9"ither the victors #%st :%dge the
van/%ished or we #%st leave the defeated to :%dge the#selves,9 sho%ld be added the
%nderstandable feeling on the part of the )llies that they 9who had risked everything co%ld not
ad#it ne%trals9 E=abresF>, it was not the sa#e si.teen years later, and %nder circ%#stances in
which the arg%#ent against the ad#ission of ne%tral co%ntries did not #ake sense
)s to the second iss%e, the findings of the $er%sale# co%rt were inco#parably better than those
at N%re#berg ! have #entioned before the N%re#berg (harter@s definition of 9cri#es against
h%#anity9 as 9inh%#an acts,9 which were translated into 4er#an as =erbrechen gegen die
Menschlichkeit 0 as tho%gh the Na-is had si#ply been lacking in h%#an kindness, certainly the
%nderstate#ent of the cent%ry To be s%re, had the cond%ct of the $er%sale# trial depended
entirely %pon the prosec%tion, the basic #is%nderstanding wo%ld have been even worse than at
N%re#berg 2%t the :%dg#ent ref%sed to let the basic character of the cri#e be swallowed %p in a
flood of atrocities, and it did not fall into the trap of e/%ating this cri#e with ordinary war cri#es
+hat had been #entioned at N%re#berg only occasionally and, as it were, #arginally 0 that 9the
evidence shows that the #ass #%rders and cr%elties were not co##itted solely for the
p%rpose of sta#ping o%t opposition9 b%t were 9part of a plan to get rid of whole native
pop%lations9 0 was in the center of the $er%sale# proceedings, for the obvio%s reason that
"ich#ann stood acc%sed of a cri#e against the $ewish people, a cri#e that co%ld not be
e.plained by any %tilitarian p%rpose; $ews had been #%rdered all over "%rope, not only in the
"ast, and their annihilation was not d%e to any desire to gain territory that 9co%ld be %sed for
coloni-ation by 4er#ans9 !t was the great advantage of a trial centered on the cri#e against the
$ewish people that not only did the difference between war cri#es, s%ch as shooting of partisans
and killing of hostages, and 9inh%#an acts,9 s%ch as 9e.p%lsion and annihilation9 of native
pop%lations to per#it coloni-ation by an invader, e#erge with s%fficient clarity to beco#e part of a
f%t%re international penal code, b%t also that the difference between 9inh%#an acts9 <which were
2H3
%ndertaken for so#e known, tho%gh cri#inal, p%rpose, s%ch as e.pansion thro%gh coloni-ation>
and the 9cri#e against h%#anity,9 whose intent and p%rpose were %nprecedented, was clarified
)t no point, however, either in the proceedings or in the :%dg#ent, did the $er%sale# trial ever
#ention even the possibility that e.ter#ination of whole ethnic gro%ps 0 the $ews, or the 3oles, or
the 4ypsies 0 #ight be #ore than a cri#e against the $ewish or the 3olish or the 4ypsy people,
that the international order, and #ankind in its entirety, #ight have been grievo%sly h%rt and
endangered
(losely connected with this fail%re was the conspic%o%s helplessness the :%dges e.perienced
when they were confronted with the task they co%ld least escape, the task of %nderstanding the
cri#inal who# they had co#e to :%dge (learly, it was not eno%gh that they did not follow the
prosec%tion in its obvio%sly #istaken description of the acc%sed as a 9perverted sadist,9 nor
wo%ld it have been eno%gh if they had gone one step f%rther and shown the inconsistency of the
case for the prosec%tion, in which Mr 1a%sner wanted to try the #ost abnor#al #onster the
world had ever seen and, at the sa#e ti#e, try in hi# 9#any like hi#,9 even the 9whole Na-i
#ove#ent and anti0*e#itis# at large9 They knew, of co%rse, that it wo%ld have been very
co#forting indeed to believe that "ich#ann was a #onster, even tho%gh if he had been !srael@s
case against hi# wo%ld have collapsed or, at the very least, lost all interest *%rely, one can
hardly call %pon the whole world and gather correspondents fro# the fo%r corners of the earth in
order to display 2l%ebeard in the dock The tro%ble with "ich#ann was precisely that so #any
were like hi#, and that the #any were neither perverted nor sadistic, that they were and still are,
terribly an terrifyingly nor#al 'ro# the viewpoint of o%r legal instit%tions and of o%r #oral
standards of :%dg#ent this nor#ality was #%ch #ore terrifying than all the atrocities p%t together
for it i#plied 0 as had been said at N%re#berg over and over again by the defendants and their
co%nsels 0 that this new type of cri#inal, who is in act%al act hostis generis h%#ani, co##its his
cri#e 0 %nder circ%#stances that #ake it well0nigh i#possible for hi# to know or to feel that he is
2H6
doing wrong !n this respect, the evidence in the "ich#ann case was even #ore convincing than
the evidence presented in the trial of the #a:or war cri#inals, whose pleas of a clear conscience
co%ld be dis#issed #ore easily beca%se they co#bined with the arg%#ent of obedience to
9s%perior orders9 vario%s boasts abo%t occasional disobedience 2%t altho%gh the bad faith of the
defendants was #anifest, the only gro%nd on which g%ilty conscience co%ld act%ally be proved
was the fact that the Na-is, and especially the cri#inal organi-ations to which "ich#ann
belonged, had been so very b%sy destroying the evidence of their cri#es d%ring the last #onths
of the war )nd this gro%nd was rather shaky !t proved no #ore than recognition that the law of
#ass #%rder, beca%se of its novelty, was not yet accepted by other nations; or, in the lang%age
of the Na-is, that they had lost their fight to 9liberate9 #ankind fro# the 9r%le of s%bh%#ans,9
especially fro# the do#ination of the "lders of Kion; or, in ordinary lang%age, it proved no #ore
than the ad#ission of defeat +o%ld any one of the# have s%ffered fro# a g%ilty conscience if
they had wonC
'ore#ost a#ong the larger iss%es at stake in the "ich#ann trial was the ass%#ption c%rrent in all
#odern legal syste#s that intent to do wrong is necessary for the co##ission of a cri#e ?n
nothing, perhaps, has civili-ed :%rispr%dence prided itself #ore than on this taking into acco%nt of
the s%b:ective factor +here this intent is absent, where, for whatever reasons, even reasons of
#oral insanity, the ability to disting%ish between right and wrong is i#paired, we feel no cri#e has
been co##itted +e ref%se, and consider as barbaric, the propositions 9that a great cri#e
offends nat%re, so that the very earth cries o%t for vengeance; that evil violates a nat%ral har#ony
which only retrib%tion can restore; that a wronged collectivity owes a d%ty to the #oral order to
p%nish the cri#inal9 <&osal Rogat> )nd yet ! think it is %ndeniable that it was precisely on the
gro%nd of these long0forgotten propositions that "ich#ann was bro%ght to :%stice to begin with,
and that they were, in fact, the s%pre#e :%stification for the death penalty 2eca%se he had been
i#plicated and had played a central role in an enterprise whose open p%rpose was to eli#inate
2HB
forever certain 9races9 fro# the s%rface of the earth, he had to be eli#inated )nd if it is tr%e that
9:%stice #%st not only be done b%t #%st be seen to be done,9 then the :%stice of what was done in
$er%sale# wo%ld have e#erged to be seen by all if the :%dges had dared to address their
defendant in so#ething like the following ter#s8
9&o% ad#itted that the cri#e co##itted against the $ewish people d%ring the war was the
greatest cri#e in recorded history, and yo% ad#itted yo%r role in it 2%t yo% said yo% had never
acted fro# base #otives, that yo% had never had any inclination to kill anybody, that yo% had
never hated $ews, and still that yo% co%ld not have acted otherwise and that yo% did not feel
g%ilty +e find this diffic%lt, tho%gh not altogether i#possible, to believe; there is so#e, tho%gh not
very #%ch, evidence against yo% in this #atter of #otivation and conscience that co%ld be proved
beyond reasonable do%bt &o% also said that yo%r role in the 'inal *ol%tion was an accident and
that al#ost anybody co%ld have taken yo%r place, so that potentially al#ost all 4er#ans are
e/%ally g%ilty +hat yo% #eant to say was that where all, or #ost all, are g%ilty, nobody is This is
an indeed /%ite co##on concl%sion, b%t one we are not willing to grant yo% )nd if yo% don@t
%nderstand o%r ob:ection, we wo%ld reco##end to yo%r attention the story of *odo# and
4o#orrah, two neighboring cities in the 2ible, which were destroyed by fire fro# 1eaven beca%se
all the people in the# had beco#e e/%ally g%ilty This, incidentally, has nothing to do with the
newfangled notion of Gcollective g%ilt,@ according to which people s%pposedly are g%ilty of, or feel
g%ilty abo%t, things done in their na#e b%t not by the# 0 things in which they did not participate
and fro# which they did not profit !n other words, g%ilt and innocence before the law are of an
ob:ective nat%re, and even if eighty #illion 4er#ans had done as yo% did, this wo%ld not have
been an e.c%se for yo%
9A%ckily, we don@t have to go that far &o% yo%rself clai#ed not the act%ality b%t only the
potentiality of e/%al g%ilt on the part of all who lived in a state whose #ain political p%rpose had
beco#e the co##ission of %nheard0of cri#es )nd no #atter thro%gh what accidents of e.terior
2H6
or interior circ%#stances yo% were p%shed onto the road of beco#ing a cri#inal, there is an
abyss between the act%ality of what yo% did and the potentiality of what others #ight have done
+e are concerned here only with what yo% did, and not with the possible noncri#inal nat%re of
yo%r inner life and of yo%r #otives or with the cri#inal potentialities of those aro%nd yo% &o% told
yo%r story in ter#s of a hard0l%ck story, and, knowing the circ%#stances, we are, %p to a point,
willing to grant yo% that %nder #ore favorable circ%#stances it is highly %nlikely that yo% wo%ld
ever have co#e before %s or before any other cri#inal co%rt Aet %s ass%#e, for the sake of
arg%#ent, that it was nothing #ore than #isfort%ne that #ade yo% a willing instr%#ent in the
organi-ation of #ass #%rder; there still re#ains the fact that yo% have carried o%t, and therefore
actively s%pported, a policy of #ass #%rder 'or politics is not like the n%rsery; in politics
obedience and *%pport are the sa#e )nd :%st as yo% s%pported and carried o%t a policy of not
wanting to share the earth with the $ewish people and the people of a n%#ber of other nations 0
as tho%gh yo% and yo%r s%periors had any right to deter#ine who sho%ld and who sho%ld not
inhabit the world 0 we find that no one, that is, no #e#ber of the h%#an race, can be e.pected to
want to share the earth with yo% This is the reason, and the only reason, yo% #%st hang9
3ostscript
This book contains a trial report, and its #ain so%rce is the transcript of the trial proceedings
which was distrib%ted to the press in $er%sale# *ave for the opening speech of the prosec%tion,
and the general plea of the defense, the record of the trial has not been p%blished and is not
easily accessible The lang%age of the co%rtroo# was 1ebrew; the #aterials handed to the press
were stated to be 9an %nedited and %nrevised transcript of the si#%ltaneo%s translation9 that
9sho%ld not be regarded as stylistically perfect or devoid of ling%istic errors9 ! have %sed the
"nglish version thro%gho%t e.cept in those instances when the proceedings were cond%cted in
4er#an; when the 4er#an transcript contained the original wording ! felt free to %se #y own
translation
2HH
".cept for the prosec%tor@s introd%ctory speech and for the final verdict, the translations of which
were prepared o%tside the co%rtroo#, independently of the si#%ltaneo%s translation, none of
these records can be regarded as absol%tely reliable The only a%thoritative version is the official
record in 1ebrew, which ! have not %sed Nevertheless, all this #aterial was officially given to the
reporters for their %se, and, so far as ! know, no significant discrepancies between the official
1ebrew record and the translation have yet been pointed o%t The 4er#an si#%ltaneo%s
translation was very poor, b%t it #ay be ass%#ed that the "nglish and 'rench translations are
tr%stworthy
No s%ch do%bts abo%t the dependability of the so%rces arise in connection with the following
co%rtroo# #aterials, which 0 with one e.ception 0 were also given to the press by the $er%sale#
a%thorities8
1> The transcript in 4er#an of "ich#ann@s interrogation by the police, recorded on tape, then
typed, and the typescript presented to "ich#ann, who corrected it in his own hand )long with the
transcript of the co%rtroo# proceedings, this is the #ost i#portant of the doc%#ents
2> The doc%#ents s%b#itted by the prosec%tion, and the 9legal #aterial9 #ade available by the
prosec%tion
3> The si.teen sworn affidavits by witnesses originally called by the defense, altho%gh part of their
testi#ony was s%bse/%ently %sed by the prosec%tion These witnesses were8 "rich von de#
2ach0Kelewski, Richard 2aer, D%rt 2echer, 1orst 4rell, 7r +ilhel# 1Nttl, +alter 1%ppenkothen,
1ans $Mttner, 1erbert Dappler, 1er#ann Dr%#ey, 'ran- Novak, )lfred $osef *lawik, 7r Ma.
Merten, 3rofessor )lfred *i., 7r "berhard von Thadden, 7r "d#%nd =eesen#ayer, ?tto
+inkel#ann
6> 'inally, ! also had at #y disposal a #an%script of seventy typewritten pages written by
"ich#ann hi#self !t was s%b#itted as evidence by the prosec%tion and accepted by the co%rt,
b%t not #ade available to the press !ts heading reads in translation8 9Re8 My co##ents on the
2HJ
#atter of G$ewish /%estions and #eas%res of the National *ocialist 4overn#ent of the 4er#an
Reich with regard to sol%tion of this #atter d%ring the years 1933 to 196B@ 9 This #an%script
contains notes #ade by "ich#ann in )rgentina in preparation for the *assen interview <see
2ibliography>
The 2ibliography lists only the #aterial ! act%ally %sed, not the inn%#erable books, articles, and
newspaper stories ! read and collected d%ring the two years between "ich#ann@s kidnaping and
his e.ec%tion ! regret this inco#pleteness only in regard to the reports of correspondents in the
4er#an, *wiss, 'rench, "nglish, and )#erican press, since these were often on a far higher
level than the #ore pretentio%s treat#ents of the s%b:ect in books and #aga-ines, b%t it wo%ld
have been a disproportionately large task to fill this gap ! have therefore contented #yself with
adding to the 2ibliography of this revised edition a selected n%#ber of books and #aga-ine
articles which appeared after the p%blication of #y book, if they contained #ore than a rehashed
version of the case for the prosec%tion )#ong the# are two acco%nts of the trial that often co#e
to concl%sions astonishingly si#ilar to #y own, and a st%dy of the pro#inent fig%res in the Third
Reich, which ! have now added to #y so%rces for backgro%nd #aterial These are Robert
3endorf@s M%rder and "r#ordete "ich#ann and die $%denpolitik des 7ritten Reiches, which also
takes into acco%nt the role of the $ewish (o%ncils in the 'inal *ol%tion; *trafsache 65Q61 by the
7%tch correspondent 1arry M%lisch <! %sed the 4er#an translation>, who is al#ost the only writer
on the s%b:ect to p%t the person of the defendant at the center of his report and whose eval%ation
of "ich#ann coincides with #y own on so#e essential points; and finally the e.cellent, recently
p%blished portraits of leading Na-is by T ( 'est in his 7as 4esicht des 7ritten Reiches; 'est is
very knowledgeable and his :%dg#ents are on a re#arkably high level
The proble#s faced by the writer of a report #ay best be co#pared with those attendant on the
writing of a historical #onograph !n either case, the nat%re of the work re/%ires a deliberate
distinction between the %se of pri#ary and secondary #aterial 3ri#ary so%rces only #ay be
2H9
%sed in the treat#ent of the special s%b:ect 0 in this case the trial itself 0 while secondary #aterial
is drawn %pon for everything that constit%tes the historical backgro%nd Th%s, even the
doc%#ents ! have /%oted were with very few e.ceptions presented in evidence at the trial <in
which case they constit%ted #y pri#ary so%rces> or are drawn fro# a%thoritative books dealing
with the period in /%estion )s can be seen fro# the te.t, ! have %sed 4erald Reitlinger@s The
'inal *ol%tion, and ! have relied even #ore on Ra%l 1ilberg@s The 7estr%ction of the "%ropean
$ews, which appeared after the trial and constit%tes the #ost e.ha%stive and the #ost so%ndly
doc%#ented acco%nt of the Third Reich@s $ewish policies
"ven before its p%blication, this book beca#e both the center of a controversy and the ob:ect of
an organi-ed ca#paign !t is only nat%ral that the ca#paign, cond%cted with all the well0known
#eans of i#age0#aking and opinion0#anip%lation, got #%ch #ore attention than the controversy,
so that the latter was so#ehow swallowed %p by and drowned in the artificial noise of the for#er
This beca#e especially clear when a strange #i.t%re of the two, in al#ost identical phraseology 0
as tho%gh the pieces written against the book <and #ore fre/%ently against its a%thor> ca#e 9o%t
of a #i#eographing #achine9 <Mary Mc(arthy> 0 was carried fro# )#erica to "ngland and then
to "%rope, where the book was not yet even available )nd this was possible beca%se the cla#or
centered on the 9i#age9 of a book which was never written, and to%ched %pon s%b:ects that often
had not only not been #entioned by #e b%t had never occ%rred to #e before
The debate 0 if that is what it was 0 was by no #eans devoid of interest Manip%lations of opinion,
insofar as they are inspired by well0defined interests, have li#ited goals; their effect, however, if
they happen to to%ch %pon an iss%e of a%thentic concern, is no longer s%b:ect to their control and
#ay easily prod%ce conse/%ences they never foresaw or intended !t now appeared that the era
of the 1itler regi#e, with its gigantic, %nprecedented cri#es, constit%ted an 9%n#astered past9 not
only for the 4er#an people or for the $ews all over the world, b%t for the rest of the world, which
had not forgotten this great catastrophe in the heart of "%rope either, and had also been %nable
2J5
to co#e to ter#s with it Moreover 0 and this was perhaps even less e.pected 0 general #oral
/%estions, with all their intricacies and #odern co#ple.ities, which ! wo%ld never have s%spected
wo%ld ha%nt #en@s #inds today and weigh heavily on their hearts, stood s%ddenly in the
foregro%nd of p%blic concern
The controversy began by calling attention to the cond%ct of the $ewish people d%ring the years
of the 'inal *ol%tion, th%s following %p the /%estion, first raised by the !sraeli prosec%tor, of
whether the $ews co%ld or sho%ld have defended the#selves ! had dis#issed that /%estion as
silly and cr%el, since it testified to a fatal ignorance of the conditions at the ti#e !t has now been
disc%ssed to e.ha%stion, and the #ost a#a-ing concl%sions have been drawn The well0known
historico0sociological constr%ct of a 9ghetto #entality9 <which in !srael has taken its place in
history te.tbooks and in this co%ntry has been espo%sed chiefly by the psychologist 2r%no
2ettelhei# 0 against the f%rio%s protest of official )#erican $%dais#> has been repeatedly
dragged in to e.plain behavior which was not at all confined to the $ewish people and which
therefore cannot be e.plained by specifically $ewish factors The s%ggestions proliferated %ntil
so#eone who evidently fo%nd the whole disc%ssion too d%ll had the brilliant idea of evoking
're%dian theories and attrib%ting to the whole $ewish people a 9death wish9 0 %nconscio%s, of
co%rse This was the %ne.pected concl%sion certain reviewers chose to draw fro# the 9i#age9 of
a book, created by certain interest gro%ps, in which ! allegedly had clai#ed that the $ews had
#%rdered the#selves )nd why had ! told s%ch a #onstro%sly i#pla%sible lieC ?%t of 9selfhatred,9
of co%rse
*ince the role of the $ewish leadership had co#e %p at the trial, and since ! had reported and
co##ented on it, it was inevitable that it too sho%ld be disc%ssed This, in #y opinion, is a
serio%s /%estion, b%t the debate has contrib%ted little to its clarification )s can be seen fro# the
recent trial in !srael at which a certain 1irsch 2irnblat, a for#er chief of the $ewish police in a
3olish town and now a cond%ctor at the !sraeli ?pera, first was sentenced by a district co%rt to
2J1
five years@ i#prison#ent, and then was e.onerated by the *%pre#e (o%rt in $er%sale#, whose
%nani#o%s opinion indirectly e.onerated the $ewish (o%ncils in general, the $ewish
"stablish#ent is bitterly divided on this iss%e !n the debate, however, the #ost vocal participants
were those who either identified the $ewish people with its leadership 0 in striking contrast to the
clear distinction #ade in al#ost all the reports of s%rvivors, which #ay be s%##ed %p in the
words of a for#er in#ate of Theresienstadt8 9The $ewish people as a whole behaved
#agnificently ?nly the leadership failed9 0 or :%stified the $ewish f%nctionaries by citing all the
co##endable services they had rendered before the war, and above all before the era of the
'inal *ol%tion, as tho%gh there were no difference between helping $ews to e#igrate and helping
the Na-is to deport the#
+hile these iss%es had indeed so#e connection with this book, altho%gh they were inflated o%t of
all proportion, there were others which had no relation to it whatsoever There was, for instance, a
hot disc%ssion of the 4er#an resistance #ove#ent fro# the beginning of the 1itler regi#e on,
which ! nat%rally did not disc%ss, since the /%estion of "ich#ann@s conscience, and that of the
sit%ation aro%nd hi#, relates only to the period of the war and the 'inal *ol%tion 2%t there were
#ore fantastic ite#s R%ite a n%#ber of people began to debate the /%estion of whether the
victi#s of persec%tion #ay not always be 9%glier9 than their #%rderers; or whether anyone who
was not present is entitled 9to sit in :%dg#ent9 over the past; or whether the defendant or the
victi# holds the center of the stage in a trial ?n the latter point, so#e went so far as to assert not
only that ! was wrong in being interested in what kind of person "ich#ann was, b%t that he sho%ld
not have been allowed to speak at all 0 that is, pres%#ably, that the trial sho%ld have been
cond%cted witho%t any defense
)s is fre/%ently the case in disc%ssions that are cond%cted with a great show of e#otion, the
down0to0earth interests of certain gro%ps, whose e.cite#ent is entirely concerned with fact%al
#atters and who therefore try to distort the facts, beco#e /%ickly and ine.tricably involved with
2J2
the %ntra##eled inspirations of intellect%als who, on the contrary, are not in the least interested
in facts b%t treat the# #erely as a springboard for 9ideas9 2%t even in these sha# battles, there
co%ld often be detected a certain serio%sness, a degree of a%thentic concern, and this even in the
contrib%tions by people who boasted that they had not read the book and pro#ised that they
never wo%ld read it
(o#pared with these debates, which wandered so far afield, the book itself dealt with a sadly
li#ited s%b:ect The report of a trial can disc%ss only the #atters which were treated in the co%rse
of the trial, or which in the interests of :%stice sho%ld have been treated !f the general sit%ation of
a co%ntry in which the trial takes place happens to be i#portant to the cond%ct of the trial, it too
#%st be taken into acco%nt This book, then, does not deal with the history of the greatest
disaster that ever befell the $ewish people, nor is it an acco%nt of totalitarianis#, or a history of
the 4er#an people in the ti#e of the Third Reich, nor is it, finally and least of all, a theoretical
treatise on the nat%re of evil The foc%s of every trial is %pon the person of the defendant, a #an
of flesh and blood with an individ%al history, with an always %ni/%e set of /%alities, pec%liarities,
behavior patterns, and circ%#stances )ll the things that go beyond that, s%ch as the history of
the $ewish people in the dispersion, and of anti0*e#itis#, or the cond%ct of the 4er#an people
and other peoples, or the ideologies of the ti#e and the govern#ental apparat%s of the Third
Reich, affect the trial only insofar as they for# the backgro%nd and the conditions %nder which the
defendant co##itted his acts )ll the things that the defendant did not co#e into contact with, or
that did not infl%ence hi#, #%st be o#itted fro# the proceedings of the trial and conse/%ently
fro# the report on it
!t #ay be arg%ed that all the general /%estions we invol%ntarily raise as soon as we begin to
speak of these #atters 0 why did it have to be the 4er#ansC why did it have to be the $ewsC
what is the nat%re of totalitarian r%leC 0 are far #ore i#portant than the /%estion of the kind of
cri#e for which a #an is being tried, and the nat%re of the defendant %pon who# :%stice #%st be
2J3
prono%nced; #ore i#portant, too, than the /%estion of how well o%r present syste# of :%stice is
capable of dealing with this special type of cri#e and cri#inal it has had repeatedly to cope with
since the *econd +orld +ar !t can be held that the iss%e is no longer a partic%lar h%#an being,
a single distinct individ%al in the dock, b%t rather the 4er#an people in general, or anti0*e#itis#
in all its for#s, or the whole of #odern history, or the nat%re of #an and original sin 0 so that
%lti#ately the entire h%#an race sits invisibly beside the defendant in the dock )ll this has often
been arg%ed, and especially by those who will not rest %ntil they have discovered an 9"ich#ann
in every one of %s9 !f the defendant is taken as a sy#bol and the trial as a prete.t to bring %p
#atters which are apparently #ore interesting than the g%ilt or innocence of one person, then
consistency de#ands that we bow to the assertion #ade by "ich#ann and his lawyer8 that he
was bro%ght to book beca%se a scapegoat was needed, not only for the 4er#an 'ederal
Rep%blic, b%t also for the events as a whole and for what #ade the# possible 0 that is, for anti0
*e#itis# and totalitarian govern#ent as well as for the h%#an race and original sin
! need scarcely say that ! wo%ld never have gone to $er%sale# if ! had shared these views ! held
and hold the opinion that this trial had to take place in the interests of :%stice and nothing else !
also think the :%dges were /%ite right when they stressed in their verdict that 9the *tate of !srael
was established and recogni-ed as the *tate of the $ews,9 and therefore had :%risdiction over a
cri#e co##itted against the $ewish people; and in view of the c%rrent conf%sion in legal circles
abo%t the #eaning and %sef%lness of p%nish#ent, ! was glad that the :%dg#ent /%oted 4roti%s,
who, for his part, citing an older a%thor, e.plained that p%nish#ent is necessary 9to defend the
honor or the a%thority of hi# who was h%rt by the offence so that the fail%re to p%nish #ay not
ca%se his degradation9
There is of co%rse no do%bt that the defendant and the nat%re of his acts as well as the trial itself
raise proble#s of a general nat%re which go far beyond the #atters considered in $er%sale# !
have atte#pted to go into so#e of these proble#s in the "pilog%e, which ceases to be si#ple
2J6
reporting ! wo%ld not have been s%rprised if people had fo%nd #y treat#ent inade/%ate, and !
wo%ld have welco#ed a disc%ssion of the general significance of the entire body of facts, which
co%ld have been all the #ore #eaningf%l the #ore directly it referred to the concrete events !
also can well i#agine that an a%thentic controversy #ight have arisen over the s%btitle of the
book; for when ! speak of the banality of evil, ! do so only on the strictly fact%al level, pointing to a
pheno#enon which stared one in the face at the trial "ich#ann was not lago and not Macbeth,
and nothing wo%ld have been farther fro# his #ind than to deter#ine with Richard !!! 9to prove a
villain9 ".cept for an e.traordinary diligence in looking o%t for his personal advance#ent, he had
no #otives at all )nd this diligence in itself was in no way cri#inal; he certainly wo%ld never have
#%rdered his s%perior in order to inherit his post 1e #erely, to p%t the #atter collo/%ially, never
reali-ed what he was doing !t was precisely this lack of i#agination which enabled hi# to sit for
#onths on end facing a 4er#an $ew who was cond%cting the police interrogation, po%ring o%t his
heart to the #an and e.plaining again and again how it was that he reached only the rank of
lie%tenant colonel in the ** and that it had not been his fa%lt that he was not pro#oted !n
principle he knew /%ite well what it was all abo%t, and in his final state#ent to the co%rt he spoke
of the 9reval%ation of val%es prescribed by the ENa-iF govern#ent9 1e was not st%pid !t was
sheer tho%ghtlessness 0 so#ething by no #eans identical with st%pidity 0 that predisposed hi# to
beco#e one of the greatest cri#inals of that period )nd if this is 9banal9 and even f%nny, if with
the best will in the world one cannot e.tract any diabolical or de#onic prof%ndity fro# "ich#ann,
that is still far fro# calling it co##onplace !t s%rely cannot be so co##on that a #an facing
death, and, #oreover, standing beneath the gallows, sho%ld be able to think of nothing b%t what
he has heard at f%nerals all his life, and that these 9lofty words9 sho%ld co#pletely beclo%d the
reality 0 of his own death That s%ch re#oteness fro# reality and s%ch tho%ghtlessness can wreak
#ore havoc than all the evil instincts taken together which, perhaps, are inherent in #an 0 that
was, in fact, the lesson one co%ld learn in $er%sale# 2%t it was a lesson, neither an e.planation
2JB
of the pheno#enon nor a theory abo%t it,
*ee#ingly #ore co#plicated, b%t in reality far si#pler than e.a#ining the strange
interdependence of tho%ghtlessness and evil, is the /%estion of what kind of cri#e is act%ally
involved here 0 a cri#e, #oreover, which all agree is %nprecedented 'or the concept of
genocide, introd%ced e.plicitly to cover a cri#e %nknown before, altho%gh applicable %p to a point
is not f%lly ade/%ate, for the si#ple reason that #assacres of whole peoples are not
%nprecedented They were the order of the day in anti/%ity, and the cent%ries of coloni-ation and
i#perialis# provide plenty of e.a#ples of #ore or less s%ccessf%l atte#pts of that sort The
e.pression 9ad#inistrative #assacres9 see#s better to fill@ the bill The ter# arose in connection
with 2ritish i#perialis#; the "nglish deliberately re:ected s%ch proced%res as a #eans of
#aintaining their r%le over !ndia The phrase has the virt%e of dispelling the pre:%dice that s%ch
#onstro%s acts can be co##itted only against a foreign nation or a different race There is the
well0known fact that 1itler began his #ass #%rders by granting 9#ercy deaths9 to the 9inc%rably
ill,9 and that he intended to wind %p his e.ter#ination progra# by doing away with 9genetically
da#aged9 4er#ans <heart and l%ng patients> 2%t /%ite aside fro# that, it is apparent that this
sort of killing can be directed against any given gro%p, that is, that the principle of selection is
dependent only %pon circ%#stantial factors !t is /%ite conceivable that in the a%to#ated econo#y
of a not0too0distant f%t%re #en #ay be te#pted to e.ter#inate all those whose intelligence
/%otient is below a certain level
!n $er%sale# this #atter was inade/%ately disc%ssed beca%se it is act%ally very diffic%lt to grasp
:%ridically +e heard the protestations of the defense that "ich#ann was after all only a 9tiny cog9
in the #achinery of the 'inal *ol%tion, and of the prosec%tion, which believed it had discovered in
"ich#ann the act%al #otor ! #yself attrib%ted no #ore i#portance to both theories than did the
$er%sale# co%rt, since the whole cog theory is legally pointless and therefore it does not #atter at
all what order of #agnit%de is assigned to the 9cog9 na#ed "ich#ann !n its :%dg#ent the co%rt
2J6
nat%rally conceded that s%ch a cri#e co%ld be co##itted only by a giant b%rea%cracy %sing the
reso%rces of govern#ent 2%t insofar as it re#ains a cri#e 0 and that, of co%rse, is the pre#ise
for a trial 0 all the cogs in the #achinery, no #atter how insignificant, are in co%rt forthwith
transfor#ed back into perpetrators, that is to say, into h%#an beings !f the defendant e.c%ses
hi#self on the gro%nd that he acted not as a #an b%t as a #ere f%nctionary whose f%nctions
co%ld :%st as easily have been carried o%t by an one else, it is as if a cri#inal pointed to the
statistics on cri#e 0 which set forth that so0and0so #any cri#es per day are co##itted in s%chand0
s%ch a place 0 and declared that he only did what was statistically e.pected, that it was #ere
accident that he did it and not so#ebody else, since after all so#ebody had to do it
?f co%rse it is i#portant to the political and social sciences that the essence of totalitarian
govern#ent, and perhaps the nat%re of every b%rea%cracy, is to #ake f%nctionaries and #ere
cogs in the ad#inistrative #achinery o%t of #en, and th%s to deh%#ani-e the# )nd one can
debate long and profitably on the r%le of Nobody, which is what the political for# known as
b%rea%0cracy tr%ly is ?nly one #%st reali-e clearly that the ad#inistration of :%stice can consider
these factors only to the e.tent that they are circ%#stances of the cri#e 0 :%st as, in a case of
theft, the econo#ic plight of the thief is taken into acco%nt witho%t e.c%sing the theft, let alone
wiping it off the slate Tr%e, we have beco#e very #%ch acc%sto#ed by #odern psychology and
sociology, not to speak of #odern b%rea%cracy, to e.plaining away the responsibility of the doer
for his deed in ter#s of this or that kind of deter#inis# +hether s%ch see#ingly deeper
e.planations of h%#an actions are right or wrong is debatable 2%t what is not debatable is that
no :%dicial proced%re wo%ld be possible on the basis of the#, and that the ad#inistration of
:%stice, #eas%red by s%ch theories, is an e.tre#ely %n#odern, not to say o%t#oded, instit%tion
+hen 1itler said that a day wo%ld co#e in 4er#any when it wo%ld be considered a 9disgrace9 to
be a :%rist, he was speaking with %tter consistency of his drea# of a perfect b%rea%cracy
)s far as ! can see, :%rispr%dence has at its disposal for treating this whole battery of /%estions
2JH
only two categories, both of which, to #y #ind, are /%ite inade/%ate to deal with the #atter
These are the concepts of 9acts of state9 and of acts 9on s%perior orders9 )t any rate, these are
the only categories in ter#s of which s%ch #atters are disc%ssed in this kind of trial, %s%ally on
the #otion of the defendant The theory of the act of state is based on the arg%#ent that one
sovereign state #ay not sit in :%dg#ent %pon another, par in pare# non habet :%risdictione#
3ractically speaking, this arg%#ent had already been disposed of at N%re#berg; it stood no
chance fro# the start, since, if it were accepted, even 1itler, the only one who was really
responsible in the f%ll sense, co%ld not have been bro%ght to acco%nt 0 a state of affairs which
wo%ld have violated the #ost ele#entary sense of :%stice 1owever, an arg%#ent that stands no
chance on the practical plane has not necessarily been de#olished on the theoretical one The
%s%al evasions 0 that 4er#any at the ti#e of the Third Reich was do#inated by a gang of
cri#inals to who# sovereignty and parity cannot very well be ascribed 0 were hardly %sef%l 'or
on the one hand everyone knows that the analogy with a gang of cri#inals is applicable only to
s%ch a li#ited e.tent that it is not really applicable at all, and on the other hand these cri#es
%ndeniably took place within a 9legal9 order That, indeed, was their o%tstanding characteristic
3erhaps we can approach so#ewhat closer to the #atter if we reali-e that back of the concept of
act of state stands the theory of raison d@Itat )ccording to that theory, the actions of the state,
which is responsible for the life of the co%ntry and th%s also for the laws obtaining in it, are not
s%b:ect to the sa#e r%les as the acts of the citi-ens of the co%ntry $%st as the r%le of law,
altho%gh devised to eli#inate violence and the war of all against all, always stands in need of the
instr%#ents of violence in order to ass%re its own e.istence, so a govern#ent #ay find itself
co#pelled to co##it actions that are generally regarded as cri#es in order to ass%re its own
s%rvival and the s%rvival of lawf%lness +ars are fre/%ently :%stified on these gro%nds, b%t
cri#inal acts of state do not occ%r only in the field of international relations, and the history of
civili-ed nations knows #any e.a#ples of the# 0 fro# Napoleon@s assassination of the 7%e
2JJ
d@"nghien, to the #%rder of the *ocialist leader Matteotti, for which M%ssolini hi#self was
pres%#ably responsible
Raison d@Itat appeals 0 rightly or wrongly, as the case #ay be 0 to necessity, and the state cri#es
co##itted in its na#e <which are f%lly cri#inal in ter#s of the do#inant legal syste# of the
co%ntry where they occ%r> are considered e#ergency #eas%res, concessions #ade to the
stringencies of Realpolitik, in order to preserve power and th%s ass%re the contin%ance of the
e.isting legal order as a whole !n a nor#al political and legal syste#, s%ch cri#es occ%r as an
e.ception to the r%le and are not s%b:ect to legal penalty <are gerichtsfrei, as 4er#an legal theory
e.presses it> beca%se the e.istence of the state itself is at stake, and no o%tside political entity
has the right to deny a state its e.istence or prescribe how it is to preserve it 1owever 0 as we
#ay have learned fro# the history of $ewish policy in the Third Reich 0 in a state fo%nded %pon
cri#inal principles, the sit%ation is reversed Then a non0cri#inal act <s%ch as, for e.a#ple,
1i##ler@s order in the late s%##er of 1966 to halt the deportation of $ews> beco#es a
concession to necessity i#posed by reality, in this case the i#pending defeat 1ere the /%estion
arises8 what is the nat%re of the sovereignty of s%ch an entityC 1as it not violated the parity <par in
pare# non ha bet :%risdictione#> which international law accords itC 7oes the 9par in pare#9
signify no #ore than the paraphernalia of sovereigntyC ?r does it also i#ply a s%bstantive
e/%ality or likenessC (an we apply the sa#e principle that is applied to a govern#ental
apparat%s in which cri#e and violence are e.ceptions and borderline cases to a political order in
which cri#e is legal and the r%leC
$%st how inade/%ate :%ristic concepts really are to deal with the cri#inal facts which were the
s%b:ect #atter of all these trials appears perhaps even #ore strikingly in the concept of acts
perfor#ed on s%perior orders The $er%sale# co%rt co%ntered the arg%#ent advanced by the
defense with lengthy /%otations fro# the penal and #ilitary lawbooks of civili-ed co%ntries,
partic%larly of 4er#any; for %nder 1itler the pertinent articles had by no #eans been repealed )ll
2J9
of the# agree on one point8 #anifestly cri#inal orders #%st not be obeyed The co%rt, #oreover,
referred to a case that ca#e %p in !srael several years ago8 soldiers were bro%ght to trial for
having #assacred the civilian inhabitants of an )rab village on the border shortly before the
beginning of the *inai ca#paign The villagers had been fo%nd o%tside their ho%ses d%ring a
#ilitary c%rfew of which, it appeared, they were %naware ,nfort%nately, on closer e.a#ination
the co#parison appears to be defective on two acco%nts 'irst of all, we #%st again consider that
the relationship of e.ception and r%le, which is of pri#e i#portance for recogni-ing the cri#inality
of an order e.ec%ted by a s%bordinate, was reversed in the case of "ich#ann@s actions Th%s, on
the basis of this arg%#ent one co%ld act%ally defend "ich#ann@s fail%re to obey certain of
1i##ler@s orders, or his obeying the# with hesitancy8 they were #anifest e.ceptions to the
prevailing r%le The :%dg#ent fo%nd this to be especially incri#inating to the defendant, which
was certainly very %nderstandable b%t not very consistent This can easily be seen fro# the
pertinent findings of !sraeli #ilitary co%rts, which were cited in s%pport by the :%dges They ran as
follows8 the order to be disobeyed #%st be 9#anifestly %nlawf%l9; %nlawf%lness 9sho%ld fly like a
black flag above EitF, as a warning reading, G3rohibited@ 9 !n other words, the order, to be
recogni-ed by the soldier as 9#anifestly %nlawf%l,9 #%st violate by its %n%s%alness the canons of
the legal syste# to which he is acc%sto#ed )nd !sraeli :%rispr%dence in these #atters coincides
co#pletely with that of other co%ntries No do%bt in for#%lating these articles the legislators were
thinking of cases in which an officer who s%ddenly goes #ad, say, co##ands his s%bordinates to
kill another officer !n any nor#al trial of s%ch a case, it wo%ld at once beco#e clear that the
soldier was not being asked to cons%lt the voice of conscience, or a 9feeling of lawf%lness that
lies deep within every h%#an conscience, also of those who are not conversant with books of law
provided the eye is not blind and the heart is not stony and corr%pt9 Rather, the soldier wo%ld
be e.pected to be able to disting%ish between a r%le and a striking e.ception to the r%le The
4er#an #ilitary code, at any rate, e.plicitly states that conscience is not eno%gh 3aragraph 6J
295
reads8 93%nishability of an action or o#ission is not e.cl%ded on the gro%nd that the person
considered his behavior re/%ired by his conscience or the prescripts of his religion9 ) striking
feat%re of the !sraeli co%rt@s line of arg%#ent is that the concept of a sense of :%stice gro%nded in
the depths of every #an is presented solely as a s%bstit%te for fa#iliarity with the law !ts
pla%sibility rests on the ass%#ption that the law e.presses only what every #an@s conscience
wo%ld tell hi# anyhow
!f we are to apply this whole reasoning to the "ich#ann case in a #eaningf%l way, we are forced
to concl%de that "ich#ann acted f%lly within the fra#ework of the kind of :%dg#ent re/%ired of
hi#8 he acted in accordance with the r%le, e.a#ined the order iss%ed to hi# for its 9#anifest9
legality, na#ely reg%larity; he did not have to fall back %pon his 9conscience,9 since he was not
one of those who were %nfa#iliar with the laws of his co%ntry The e.act opposite was the case
The second acco%nt on which the arg%#ent based on co#parison proved to be defective
concerns the practice of the co%rts of ad#itting the plea of 9s%perior orders9 as i#portant
e.ten%ating circ%#stances, and this practice was #entioned e.plicitly by the :%dg#ent The
:%dg#ent cited the case ! have #entioned above, that of the #assacre of the )rab inhabitants at
Dfar Dasse#, as proof that !sraeli :%risdiction does not clear a defendant of responsibility for the
9s%perior orders9 he received )nd it is tr%e, the !sraeli soldiers were indicted for #%rder, b%t
9s%perior orders9 constit%ted so weighty an arg%#ent for #itigating circ%#stances that they were
sentenced to relatively short prison ter#s To be s%re, this case concerned an isolated act, not 0
as in "ich#ann@s case 0 an activity e.tending over years, in which cri#e followed cri#e *till, it
was %ndeniable that he had always acted %pon 9s%perior orders,9 and if the provisions of ordinary
!sraeli law had been applied to hi#, it wo%ld have been diffic%lt indeed to i#pose the #a.i#%#
penalty %pon hi# The tr%th of the #atter is that !sraeli law, in theory and practice, like the
:%risdiction of other co%ntries cannot b%t ad#it that the fact of 9s%perior orders,9 even when their
%nlawf%lness is 9#anifest,9 can severely dist%rb the nor#al working of a #an@s conscience
291
This is only one e.a#ple a#ong #any to de#onstrate the inade/%acy of the prevailing legal
syste# and of c%rrent :%ridical concepts to deal with the facts of ad#inistrative #assacres
organi-ed by the state apparat%s !f we look #ore closely into the #atter we will observe witho%t
#%ch diffic%lty that the :%dges in all these trials really passed :%dg#ent solely on the basis of the
#onstro%s deeds !n other words, they :%dged freely, as it were, and did not really lean on the
standards and legal precedents with which they #ore or less convincingly so%ght to :%stify their
decisions That was already evident in N%re#berg, where the :%dges on the one hand declared
that the 9cri#e against peace9 was the gravest of all the cri#es they had to deal with, since it
incl%ded all the other cri#es, b%t on the other hand act%ally i#posed the death penalty only on
those defendants who had participated in the new cri#e of ad#inistrative #assacre 0 s%pposedly
a less grave offense than conspiracy against peace !t wo%ld indeed be te#pting to p%rs%e these
and si#ilar inconsistencies in a field so obsessed with consistency as :%rispr%dence 2%t of
co%rse that cannot be done here
There re#ains, however, one f%nda#ental proble#, which was i#plicitly present in all these
postwar trials and which #%st be #entioned here beca%se it to%ches %pon one of the central
#oral /%estions of all ti#e, na#ely %pon the nat%re and f%nction of h%#an :%dg#ent +hat we
have de#anded in these trials, where the defendants had co##itted 9legal9 cri#es, is that
h%#an beings be capable of telling right fro# wrong even when all they have to g%ide the# is
their own :%dg#ent, which, #oreover, happens to be co#pletely at odds with what they #%st
regard as the %nani#o%s opinion of all those aro%nd the# )nd this /%estion is all the #ore
serio%s as we know that the few who were 9arrogant9 eno%gh to tr%st only their own :%dg#ent
were by no #eans identical with those persons who contin%ed to abide by old val%es, or who
were g%ided by a religio%s belief *ince the whole of respectable society had in one way or
another s%cc%#bed to 1itler, the #oral #a.i#s which deter#ine social behavior and the religio%s
co##and#ents 0 9Tho% shalt not killO9 0 which g%ide conscience had virt%ally vanished Those
292
few who were still able to tell right fro# wrong went really only by their own :%dg#ents, and they
did so freely; there were no r%les to be abided by, %nder which the partic%lar cases with which
they were confronted co%ld be s%bs%#ed They had to decide each instance as it arose, beca%se
no r%les e.isted for the %nprecedented
1ow tro%bled #en of o%r ti#e are by this /%estion of :%dg#ent <or, as is often said, by people
who dare 9sit in :%dg#ent9> has e#erged in the controversy over the present book, as well as the
in #any respects si#ilar controversy over 1ochh%th@s The 7ep%ty +hat has co#e to light is
neither nihilis# nor cynicis#, as one #ight have e.pected, b%t a /%ite e.traordinary conf%sion
over ele#entary /%estions of #orality 0 as if an instinct in s%ch #atters were tr%ly the last thing to
be taken for granted in o%r ti#e The #any c%rio%s notes that have been str%ck in the co%rse of
these disp%tes see# partic%larly revealing Th%s, so#e )#erican literati have professed their
naive belief that te#ptation and coercion are really the sa#e thing, that no one can be asked to
resist te#ptation <!f so#eone p%ts a pistol to yo%r heart and orders yo% to shoot yo%r best friend,
then yo% si#ply #%st shoot hi# ?r, as it was arg%ed 0 so#e years ago in connection with the
/%i- progra# scandal in which a %niversity teacher had hoa.ed the p%blic 0 when so #%ch #oney
is at stake, who co%ld possibly resistC> The arg%#ent that we cannot :%dge if we were not present
and involved o%rselves see#s to convince everyone everywhere, altho%gh it see#s obvio%s that
if it were tr%e, neither the ad#inistration of :%stice nor the writing of history wo%ld ever be
possible !n contrast to these conf%sions, the reproach of self0righteo%sness raised against those
who do :%dge is age0old; b%t that does not #ake it any the #ore valid "ven the :%dge who
conde#ns a #%rderer can still say when he goes ho#e8 9)nd there, b%t for the grace of 4od, go
!9 )ll 4er#an $ews %nani#o%sly have conde#ned the wave of coordination which passed over
the 4er#an people in 1933 and fro# one day to the ne.t t%rned the $ews into pariahs !s it
conceivable that none of the# ever asked hi#self how #any of his own gro%p wo%ld have done
:%st the sa#e if only they had been allowed toC 2%t is their conde#nation today any the less
293
correct for that reasonC
The reflection that yo% yo%rself #ight have done wrong %nder the sa#e circ%#stances #ay
kindle a spirit of forgiveness, b%t those who today refer to (hristian charity see# strangely
conf%sed on this iss%e too Th%s we can read in the postwar state#ent of the "vangelische
Dirche in 7e%tschland, the 3rotestant ch%rch, as follows8 9+e aver that before the 4od of Mercy
we share in the g%ilt for the o%trage co##itted against the $ews by o%r own people thro%gh
o#ission and silence9[ !t see#s to #e that a (hristian is g%ilty before the 4od of Mercy if he
repays evil with evil, hence that the ch%rches wo%ld have sinned against #ercy if #illions of $ews
had been killed as p%nish#ent for so#e evil they co##itted 2%t if the ch%rches shared in the
g%ilt for an o%trage p%re and si#ple, as they the#selves attest, then the #atter #%st still be
considered to fall within the p%rview of the 4od of $%stice
This slip of the tong%e, as it were, is no accident $%stice, b%t not #ercy, is a #atter of :%dg#ent,
and abo%t nothing does p%blic opinion everywhere see# to be in happier agree#ent than that no
one has the right to :%dge so#ebody else +hat p%blic opinion per#its %s to :%dge and even to
conde#n are trends, or whole gro%ps of people 0 the larger the better 0 in short, so#ething so
general that distinctions can no longer be #ade, na#es no longer be na#ed Needless to add,
this taboo applies do%bly when the deeds or words of fa#o%s people or #en in high position are
being /%estioned This is c%rrently e.pressed in high0flown assertions that it is 9s%perficial9 to
insist on details and to #ention individ%als, whereas it is the sign of sophistication to speak in
generalities according to which all cats are gray and we are all e/%ally g%ilty Th%s the charge
1ochh%th has raised against a single 3ope 0 one #an, easily identifiable, with a na#e of his own
0 was i##ediately co%ntered with an indict#ent of all (hristianity The charge against (hristianity
in general, with its two tho%sand years of history, cannot be proved, and if it co%ld be proved, it
wo%ld be horrible No one see#s to #ind this so long as no person is involved, and it is /%ite safe
to go one step f%rther and to #aintain8 9,ndo%btedly there is reason for grave acc%sations, b%t
296
the defendant is #ankind as a whole9 <Th%s Robert +eltsch in *%##a !ni%ria, /%oted above,
italics added>
[ R%oted fro# the #inister )%rel v $Mchen in an anthology of critical reviews of 1ochh%th@s play 0
*%##a !ni%ria, Rowohl =erlag, p 19B
)nother s%ch escape fro# the area of ascertainable facts and personal responsibility are the
co%ntless theories, based on non0specific, abstract, hypothetical ass%#ptions 0 fro# the Keitgeist
down to the ?edip%s co#ple. 0 which are so general that they e.plain and :%stify every event and
every deed8 no alternative to what act%ally happened is even considered and no person co%ld
have acted differently fro# the way he did act )#ong the constr%cts that 9e.plain9 everything by
obsc%ring all details, we find s%ch notions as a 9ghetto #entality9 a#ong "%ropean $ews; or the
collective g%ilt of the 4er#an people, derived fro# an ad hoc interpretation of their history; or the
e/%ally abs%rd assertion of a kind of collective innocence of the $ewish people )ll these clichIs
have in co##on that they #ake :%dg#ent s%perfl%o%s and that to %tter the# is devoid of all risk
)nd tho%gh we can %nderstand the rel%ctance of those i##ediately affected by the disaster 0
4er#ans and $ews 0 to e.a#ine too closely the cond%ct of gro%ps and persons that see#ed to
be or sho%ld have been %ni#paired by the totality of the #oral collapse 0 that is, the cond%ct of
the (hristian ch%rches, the $ewish leadership, the #en of the anti01itler conspiracy of $%ly 25,
1966 0 this %nderstandable disinclination is ins%fficient to e.plain the rel%ctance evident
everywhere to #ake :%dg#ents in ter#s of individ%al #oral responsibility
Many people today wo%ld agree that there is no s%ch thing as collective g%ilt or, for that #atter,
collective innocence, and that if there were, no one person co%ld ever be g%ilty or innocent This,
of co%rse, is not to deny that there is s%ch a thing as political responsibility which, however, e.ists
/%ite apart fro# what the individ%al #e#ber of the gro%p has done and therefore can neither be
:%dged in #oral ter#s nor be bro%ght before a cri#inal co%rt "very govern#ent ass%#es political
responsibility for the deeds and #isdeeds of its predecessor and every nation for the deeds and
29B
#isdeeds of the past +hen Napoleon, sei-ing power in 'rance after the Revol%tion, said8 ! shall
ass%#e the responsibility for everything 'rance ever did fro# *aint Ao%is to the (o##ittee of
3%blic *afety, he was only stating so#ewhat e#phatically one of the basic facts of all political life
!t #eans hardly #ore, generally speaking, than that every generation, by virt%e of being born into
a historical contin%%#, is b%rdened by the sins of the fathers as it is blessed with the deeds of the
ancestors 2%t this kind of responsibility is not what we are talking abo%t here; it is not personal,
and only in a #etaphorical sense can one say he feels g%ilty for what not he b%t his father or his
people have done <Morally speaking, it is hardly less wrong to feel g%ilty witho%t having done
so#ething specific than it is to feel free of all g%ilt if one is act%ally g%ilty of so#ething> !t is /%ite
conceivable that certain political responsibilities a#ong nations #ight so#e day be ad:%dicated in
an international co%rt; what is inconceivable is that s%ch a co%rt wo%ld be a cri#inal trib%nal
which prono%nces on the g%ilt or innocence of individ%als
)nd the /%estion of individ%al g%ilt or innocence, the act of #eting o%t :%stice to both the
defendant and the victi#, are the only things at stake in a cri#inal co%rt The "ich#ann trial was
no e.ception, even tho%gh the co%rt here was confronted with a cri#e it co%ld not find in the
lawbooks and with a cri#inal whose like was %nknown in any co%rt, at least prior to the
N%re#berg Trials The present report deals with nothing b%t the e.tent to which the co%rt in
$er%sale# s%cceeded in f%lfilling the de#ands of :%stice
296