If the audience at the trial was to be the world and the play the huge panorama of Jewish sufferings, the reality was falling short of expectations and purposes. The journalists remained faithful for not much more than two weeks, after which the audience changed drastically. It was now supposed to consist of Israelis, of those who were too young to know the story or, as in the case of Oriental Jews, had never been told it. The trial was supposed to show them what it meant to live among non-Jews, to convince them that only in Israel could a Jew be safe and live an honorable life. (For correspondents, the lesson was spelled out in a little booklet on Israel's legal system, which was handed to the press. Its author, Doris Lankin, cites a Supreme Court decision whereby two fathers who had “abducted their children and brought them to Israel” were directed to send them back to their mothers who, living abroad, had a legal right to their custody. And this, adds the author—no less proud of such strict legality than Mr. Hausner of his willingness to prosecute murder even when the victims were non-Jews—“despite the fact that to send the children back to maternal custody and care would be committing them to waging an unequal struggle against the hostile elements in the Diaspora.”) But in this audience there were hardly any young people, and it did not consist of Israelis as distinguished from Jews. It was filled with “survivors,” with middle-aged and elderly people, immigrants from Europe, like myself, who knew by heart all there was to know, and who were in no mood to learn any lessons and certainly did not need this trial to draw their own conclusions. As witness followed witness and horror was piled upon horror, they sat there and listened in public to stories they would hardly have been able to endure in private, when they would have had to face the storyteller. And the more “the calamity of the Jewish people in this generation” unfolded and the more grandiose Mr. Hausner's rhetoric became, the paler and more ghostlike became the figure in the glass booth, and no finger-wagging: “And there sits the monster responsible for all this,” could shout him back to life.
It was precisely the play aspect of the trial that collapsed under the weight of the hair-raising atrocities. A trial resembles a play in that both begin and end with the doer, not with the victim. A show trial needs even more urgently than an ordinary trial a limited and well-defined outline of what was done and how it was done. In the center of a trial can only be the one who did—in this respect, he is like the hero in the play—and if he suffers, he must suffer for what he has done, not for what he has caused others to suffer. No one knew this better than the presiding judge, before whose eyes the trial began to degenerate into a bloody show, “a rudderless ship tossed about on the waves.” But if his efforts to prevent this were often defeated, the defeat was, strangely, in part the fault of the defense, which hardly ever rose to challenge any testimony, no matter how irrelevant and immaterial it might be. Dr. Servatius, as everybody invariably addressed him, was a bit bolder when it came to the submission of documents, and the most impressive of his rare interventions occurred when the prosecution introduced as evidence the diaries of Hans Frank, former Governor General of Poland and one of the major war criminals hanged at Nuremberg. “I have only one question. Is the name Adolf Eichmann, the name of the accused, mentioned in those twenty-nine volumes [in fact, there were thirty-eight]?… The name Adolf Eichmann is not mentioned in all those twenty-nine volumes…. Thank you, no more questions.”
Thus, the trial never became a play, but the show Ben-Gurion had had in mind to begin with did take place, or, rather, the “lessons” he thought should be taught to Jews and Gentiles, to Israelis and Arabs, in short, to the whole world. These lessons to be drawn from an identical show were meant to be different for the different recipients. Ben-Gurion had outlined them before the trial started, in a number of articles designed to explain why Israel had kidnaped the accused. There was the lesson to the non-Jewish world: “We want to establish before the nations of the world how millions of people, because they happened to be Jews, and one million babies, because they happened to be Jewish babies, were murdered by the Nazis.” Or, in the words of Davar, the organ of Mr. Ben-Gurion's Mapai party: “Let world opinion know this, that not only Nazi Germany was responsible for the destruction of six million Jews of Europe.” Hence, again in Ben-Gurion's own words, “We want the nations of the world to know… and they should be ashamed.” The Jews in the Diaspora were to remember how Judaism, “four thousand years old, with its spiritual creations and its ethical strivings, its Messianic aspirations,” had always faced “a hostile world,” how the Jews had degenerated until they went to their death like sheep, and how only the establishment of a Jewish state had enabled Jews to hit back, as Israelis had done in the War of Independence, in the Suez adventure, and in the almost daily incidents on Israel's unhappy borders. And if the Jews outside Israel had to be shown the difference between Israeli heroism and Jewish submissive meekness, there was a lesson for those inside Israel too: “the generation of Israelis who have grown up since the holocaust” were in danger of losing their ties with the Jewish people and, by implication, with their own history. “It is necessary that our youth remember what happened to the Jewish people. We want them to know the most tragic facts in our history.” Finally, one of the motives in bringing Eichmann to trial was “to ferret out other Nazis—for example, the connection between the Nazis and some Arab rulers.”
If these had been the only justifications for bringing Adolf Eichmann to the District Court of Jerusalem, the trial would have been a failure on most counts. In some respects, the lessons were superfluous, and in others positively misleading. Anti-Semitism has been discredited, thanks to Hitler, perhaps not forever but certainly for the time being, and this not because the Jews have become more popular all of a sudden but because, in Mr. Ben-Gurion's own words, most people have “realized that in our day the gas chamber and the soap factory are what anti-Semitism may lead to.” Equally superfluous was the lesson to the Jews in the Diaspora, who hardly needed the great catastrophe in which one-third of their people perished to be convinced of the world's hostility. Not only has their conviction of the eternal and ubiquitous nature of anti-Semitism been the most potent ideological factor in the Zionist movement since the Dreyfus Affair; it was also the cause of the otherwise inexplicable readiness of the German Jewish community to negotiate with the Nazi authorities during the early stages of the regime. (Needless to say, these negotiations were separated by an abyss from the later collaboration of the Judenräte. No moral questions were involved yet, only a political decision whose “realism” was debatable: “concrete” help, thus the argument ran, was better than “abstract” denunciations. It was Realpolitik without Machiavellian overtones, and its dangers came to light years later, after the outbreak of the war, when these daily contacts between the Jewish organizations and the Nazi bureaucracy made it so much easier for the Jewish functionaries to cross the abyss between helping Jews to escape and helping the Nazis to deport them.) It was this conviction which produced the dangerous inability of the Jews to distinguish between friend and foe; and German Jews were not the only ones to under-estimate their enemies because they somehow thought that all Gentiles were alike. If Prime Minister Ben-Gurion, to all practical purposes the head of the Jewish State, meant to strengthen this kind of “Jewish consciousness,” he was ill advised; for a change in this mentality is actually one of the indispensable prerequisites for Israeli statehood, which by definition has made of the Jews a people among peoples, a nation among nations, a state among states, depending now on a plurality which no longer permits the age-old and, unfortunately, religiously anchored dichotomy of Jews and Gentiles.
The contrast between Israeli heroism and the submissive meekness with which Jews went to their death—arriving on time at the transportation points, walking on their own feet to the places of execution, digging their own graves, undressing and making neat piles of their clothing, and lying down side by side to be shot—seemed a fine point, and the prosecutor, asking witness after witness, “Why did you not p
rotest?,” “Why did you board the train?,” “Fifteen thousand people were standing there and hundreds of guards facing you—why didn't you revolt and charge and attack?,” was elaborating it for all it was worth. But the sad truth of the matter is that the point was ill taken, for no non-Jewish group or people had behaved differently. Sixteen years ago, while still under the direct impact of the events, David Rousset, a former inmate of Buchenwald, described what we know happened in all concentration camps: “The triumph of the S.S. demands that the tortured victim allow himself to be led to the noose without protesting, that he renounce and abandon himself to the point of ceasing to affirm his identity. And it is not for nothing. It is not gratuitously, out of sheer sadism, that the S.S. men desire his defeat. They know that the system which succeeds in destroying its victim before he mounts the scaffold… is incomparably the best for keeping a whole people in slavery. In submission. Nothing is more terrible than these processions of human beings going like dummies to their deaths” (Les Jours de notre mort, 1947). The court received no answer to this cruel and silly question, but one could easily have found an answer had he permitted his imagination to dwell for a few minutes on the fate of those Dutch Jews who in 1941, in the old Jewish quarter of Amsterdam, dared to attack a German security police detachment. Four hundred and thirty Jews were arrested in reprisal and they were literally tortured to death, first in Buchenwald and then in the Austrian camp of Mauthausen. For months on end they died a thousand deaths, and every single one of them would have envied his brethren in Auschwitz and even in Riga and Minsk. There exist many things considerably worse than death, and the S.S. saw to it that none of them was ever very far from their victims' minds and imagination. In this respect, perhaps even more significantly than in others, the deliberate attempt at the trial to tell only the Jewish side of the story distorted the truth, even the Jewish truth. The glory of the uprising in the Warsaw ghetto and the heroism of the few others who fought back lay precisely in their having refused the comparatively easy death the Nazis offered them—before the firing squad or in the gas chamber. And the witnesses in Jerusalem who testified to resistance and rebellion, to “the small place [it had] in the history of the holocaust,” confirmed once more the fact that only the very young had been capable of taking “the decision that we cannot go and be slaughtered like sheep.”
In one respect, Mr. Ben-Gurion's expectations for the trial were not altogether disappointed; it did indeed become an important instrument for ferreting out other Nazis and criminals, but not in the Arab countries, which had openly offered refuge to hundreds of them. The Grand Mufti's connections with the Nazis during the war were no secret; he had hoped they would help him in the implementation of some “final solution” in the Near East. Hence, newspapers in Damascus and Beirut, in Cairo and Jordan, did not hide their sympathy for Eichmann or their regret that he “had not finished the job”; a broadcast from Cairo on the day the trial opened even injected a slightly anti-German note into its comments, complaining that there was not “a single incident in which one German plane flew over one Jewish settlement and dropped one bomb on it throughout the last world war.” That Arab nationalists have been in sympathy with Nazism is notorious, their reasons are obvious, and neither Ben-Gurion nor this trial was needed “to ferret them out”; they never were in hiding. The trial revealed only that all rumors about Eichmann's connection with Haj Amin el Husseini, the former Mufti of Jerusalem, were unfounded. (He had been introduced to the Mufti during an official reception, along with all other departmental heads.) The Mufti had been in close contact with the German Foreign Office and with Himmler, but this was nothing new.
If Ben-Gurion's remark about “the connection between Nazis and some Arab rulers” was pointless, his failure to mention present-day West Germany in this context was surprising. Of course, it was reassuring to hear that Israel does “not hold Adenauer responsible for Hitler,” and that “for us a decent German, although he belongs to the same nation that twenty years ago helped to murder millions of Jews, is a decent human being.” (There was no mention of decent Arabs.) The German Federal Republic, although it has not yet recognized the State of Israel—presumably out of fear that the Arab countries might recognize Ulbricht's Germany—has paid seven hundred and thirty-seven million dollars in reparation to Israel during the last ten years; these payments will soon come to an end, and Israel is now trying to negotiate a long-term loan from West Germany. Hence, the relationship between the two countries, and particularly the personal relationship between Ben-Gurion and Adenauer, has been quite good, and if, as an aftermath of the trial, some deputies in the Knesset, the Israeli Parliament, succeeded in imposing certain restraints on the cultural-exchange program with West Germany, this certainly was neither foreseen nor hoped for by Ben-Gurion. It is more noteworthy that he had not foreseen, or did not care to mention, that Eichmann's capture would trigger the first serious effort made by Germany to bring to trial at least those who were directly implicated in murder. The Central Agency for the Investigation of Nazi Crimes, belatedly founded by the West German state in 1958 and headed by Prosecutor Erwin Schüle, had run into all kinds of difficulties, caused partly by the unwillingness of German witnesses to cooperate and partly by the unwillingness of the local courts to prosecute on the basis of the material sent them from the Central Agency. Not that the trial in Jersusalem produced any important new evidence of the kind needed for the discovery of Eichmann's associates; but the news of Eichmann's sensational capture and of the impending trial had sufficient impact to persuade the local courts to use Mr. Schüle's findings, and to overcome the native reluctance to do anything about “murderers in our midst” by the time-honored means of posting rewards for the capture of well-known criminals.
The results were amazing. Seven months after Eichmann's arrival in Jerusalem—and four months before the opening of the trial—Richard Baer, successor to Rudolf Höss as Commandant of Auschwitz, could finally be arrested. In rapid succession, most of the members of the so-called Eichmann Commando—Franz Novak, who lived as a printer in Austria; Dr. Otto Hunsche, who had settled as a lawyer in West Germany; Hermann Krumey, who had become a druggist; Gustav Richter, former “Jewish adviser” in Rumania; and Willi Zöpf, who had filled the same post in Amsterdam— were arrested also; although evidence against them had been published in Germany years before, in books and magazine articles, not one of them had found it necessary to live under an assumed name. For the first time since the close of the war, German newspapers were full of reports on the trials of Nazi criminals, all of them mass murderers (after May, 1960, the month of Eichmann's capture, only first-degree murder could be prosecuted; all other offenses were wiped out by the statute of limitations, which is twenty years for murder), and the reluctance of the local courts to prosecute these crimes showed itself only in the fantastically lenient sentences meted out to the accused. (Thus, Dr. Otto Bradfisch, of the Einsatzgruppen, the mobile killing units of the S.S. in the East, was sentenced to ten years of hard labor for the killing of fifteen thousand Jews; Dr. Otto Hunsche, Eichmann's legal expert and personally responsible for a last-minute deportation of some twelve hundred Hungarian Jews, of whom at least six hundred were killed, received a sentence of five years of hard labor; and Joseph Lechthaler, who had “liquidated” the Jewish inhabitants of Slutsk and Smolevichi in Russia, was sentenced to three years and six months.) Among the new arrests were people of great prominence under the Nazis, most of whom had already been denazified by the German courts. One of them was S.S. General Karl Wolff, former chief of Himmler's personal staff, who, according to a document submitted in 1946 at Nuremberg, had greeted “with particular joy” the news that “for two weeks now a train has been carrying, every day, five thousand members of the Chosen People” from Warsaw to Treblinka, one of the Eastern killing centers. Another was Wilhelm Koppe, who had at first managed the gassing in Chelmno and then become successor to Friedrich-Wilhelm Krüger in Poland. One of the most prominent among the Higher S.S. Le
aders whose task it had been to make Poland judenrein, in postwar Germany Koppe was director of a chocolate factory. Harsh sentences were occasionally meted out, but were even less reassuring when they went to such offenders as Erich von dem Bach-Zelewski, former General of the Higher S.S. and Police Leader Corps. He had been tried in 1961 for his participation in the Rohm rebellion in 1934 and sentenced to three and one half years; he was then indicted again in 1962 for the killing of six German Communists in 1933, tried before a jury in Nuremberg, and sentenced to life. Neither indictment mentioned that Bach-Zelewski had been anti-partisan chief on the Eastern front or that he had participated in the Jewish massacres at Minsk and Mogilev, in White Russia. Should German courts, on the pretext that war crimes are no crimes, make “ethnic distinctions”? Or is it possible that what was an unusually harsh sentence, at least in German postwar courts, was arrived at because Bach-Zelewski was among the very few who actually had suffered a nervous breakdown after the mass killings, had tried to protect Jews from the Einsatzgruppen, and had testified for the prosecution at Nuremberg? He was also the only one in this category who in 1952 had denounced himself publicly for mass murder, but he was never prosecuted for it.
There is little hope that things will change now, even though the Adenauer administration has been forced to weed out of the judiciary more than a hundred and forty judges and prosecutors, along with many police officers with more than ordinarily compromising pasts, and to dismiss Wolfgang Immerwahr Frankel, the chief prosecutor of the Federal Supreme Court, because, his middle name notwithstanding, he had been less than candid when asked about his Nazi past. It has been estimated that of the eleven thousand five hundred judges in the Bundesrepublik, five thousand were active in the courts under the Hitler regime. In November, 1962, shortly after the purging of the judiciary and six months after Eichmann's name had disappeared from the news, the long awaited trial of Martin Fellenz took place at Flensburg in an almost empty courtroom. The former Higher S.S. and Police Leader, who had been a prominent member of the Free Democratic Party in Adenauer's Germany, was arrested in June, 1960, a few weeks after Eichmann's capture. He was accused of participation in and partial responsibility for the murder of forty thousand Jews in Poland. After more than six weeks of detailed testimony, the prosecutor demanded the maximum penalty—a life sentence of hard labor. And the court sentenced Fellenz to four years, two and a half of which he had already served while waiting in jail to be tried. Be that as it may, there is no doubt that the Eichmann trial had its most far-reaching consequences in Germany. The attitude of the German people toward their own past, which all experts on the German question had puzzled over for fifteen years, could hardly have been more clearly demonstrated: they themselves did not much care one way or the other, and did not particularly mind the presence of murderers at large in the country, since none of them were likely to commit murder of their own free will; however, if world opinion—or rather, what the Germans called das Ausland, collecting all countries outside Germany into a singular noun—became obstinate and demanded that these people be punished, they were perfectly willing to oblige, at least up to a point.
Eichmann in Jerusalem: A Report on the Banality of Evil Page 4