Eichman in Jerusalem by Hannah Arendt - HTML preview

No such doubts about the dependability of the sources arise in connection with the following courtroom materials, which - with one exception - were also given to the press by the Jerusalem authorities:

1) The transcript in German of Eichmann's interrogation by the police, recorded on tape, then typed, and the typescript presented to Eichmann, who corrected it in his own hand. Along with the transcript of the courtroom proceedings, this is the most important of the documents.

2) The documents submitted by the prosecution, and the "legal material" made available by the prosecution.

3) The sixteen sworn affidavits by witnesses originally called by the defense, although part of their testimony was subsequently used by the prosecution. These witnesses were: Erich von dem Bach-Zelewski, Richard Baer, Kurt Becher, Horst Grell, Dr. Wilhelm Höttl, Walter Huppenkothen, Hans Jüttner, Herbert Kappler, Hermann Krumey, Franz Novak, Alfred Josef Slawik, Dr. Max Merten, Professor Alfred Six, Dr. Eberhard von Thadden, Dr. Edmund Veesenmayer, Otto Winkelmann.

4) Finally, I also had at my disposal a manuscript of seventy typewritten pages written by Eichmann himself. It was submitted as evidence by the prosecution and accepted by the court, but not made available to the press. Its heading reads in translation: "Re: My comments on the matter of `Jewish questions and measures of the National Socialist Government of the German Reich with regard to solution of this matter during the years 1933 to 1945.' " This manuscript contains notes made by Eichmann in Argentina in preparation for the Sassen interview (see Bibliography).

The Bibliography lists only the material I actually used, not the innumerable books, articles, and newspaper stories I read and collected during the two years between Eichmann's kidnaping and his execution. I regret this incompleteness only in regard to the reports of correspondents in the German, Swiss, French, English, and American press, since these were often on a far higher level than the more pretentious treatments of the subject in books and magazines, but it would have been a disproportionately large task to fill this gap. I have therefore contented myself with adding to the Bibliography of this revised edition a selected number of books and magazine articles which appeared after the publication of my book, if they contained more than a rehashed version of the case for the prosecution. Among them are two accounts of the trial that often come to conclusions astonishingly similar to my own, and a study of the prominent figures in the Third Reich, which I have now added to my sources for background material. These are Robert Pendorf's Murder and Ermordete. Eichmann and die Judenpolitik des Dritten Reiches, which also takes into account the role of the Jewish Councils in the Final Solution; Strafsache 40/61 by the Dutch correspondent Harry Mulisch (I used the German translation), who is almost the only writer on the subject to put the person of the defendant at the center of his report and whose evaluation of Eichmann coincides with my own on some essential points; and finally the excellent, recently published portraits of leading Nazis by T. C. Fest in his Das Gesicht des Dritten Reiches; Fest is very knowledgeable and his judgments are on a remarkably high level.

The problems faced by the writer of a report may best be compared with those attendant on the writing of a historical monograph. In either case, the nature of the work requires a deliberate distinction between the use of primary and secondary material. Primary sources only may be used in the treatment of the special subject - in this case the trial itself - while secondary material is drawn upon for everything that constitutes the historical background. Thus, even the documents I have quoted were with very few exceptions presented in evidence at the trial (in which case they constituted my primary sources) or are drawn from authoritative books dealing with the period in question. As can be seen from the text, I have used Gerald Reitlinger's The Final Solution, and I have relied even more on Raul Hilberg's The Destruction of the European Jews, which appeared after the trial and constitutes the most exhaustive and the most soundly documented account of the Third Reich's Jewish policies.

Even before its publication, this book became both the center of a controversy and the object of an organized campaign. It is only natural that the campaign, conducted with all the well-known means of image-making and opinion-manipulation, got much more attention than the controversy, so that the latter was somehow swallowed up by and drowned in the artificial noise of the former.

This became especially clear when a strange mixture of the two, in almost identical phraseology -

as though the pieces written against the book (and more frequently against its author) came "out of a mimeographing machine" (Mary McCarthy) - was carried from America to England and then to Europe, where the book was not yet even available. And this was possible because the clamor centered on the "image" of a book which was never written, and touched upon subjects that often had not only not been mentioned by me but had never occurred to me before.

The debate - if that is what it was - was by no means devoid of interest. Manipulations of opinion, insofar as they are inspired by well-defined interests, have limited goals; their effect, however, if they happen to touch upon an issue of authentic concern, is no longer subject to their control and may easily produce consequences they never foresaw or intended. It now appeared that the era of the Hitler regime, with its gigantic, unprecedented crimes, constituted an "unmastered past" not only for the German people or for the Jews all over the world, but for the rest of the world, which had not forgotten this great catastrophe in the heart of Europe either, and had also been unable to come to terms with it. Moreover - and this was perhaps even less expected - general moral questions, with all their intricacies and modern complexities, which I would never have suspected would haunt men's minds today and weigh heavily on their hearts, stood suddenly in the foreground of public concern.

The controversy began by calling attention to the conduct of the Jewish people during the years of the Final Solution, thus following up the question, first raised by the Israeli prosecutor, of whether the Jews could or should have defended themselves. I had dismissed that question as silly and cruel, since it testified to a fatal ignorance of the conditions at the time. It has now been discussed to exhaustion, and the most amazing conclusions have been drawn. The well-known historico-sociological construct of a "ghetto mentality" (which in Israel has taken its place in history textbooks and in this country has been espoused chiefly by the psychologist Bruno Bettelheim - against the furious protest of official American Judaism) has been repeatedly dragged in to explain behavior which was not at all confined to the Jewish people and which therefore cannot be explained by specifically Jewish factors. The suggestions proliferated until someone who evidently found the whole discussion too dull had the brilliant idea of evoking Freudian theories and attributing to the whole Jewish people a "death wish" - unconscious, of course. This was the unexpected conclusion certain reviewers chose to draw from the "image" of a book, created by certain interest groups, in which I allegedly had claimed that the Jews had murdered themselves. And why had I told such a monstrously implausible lie? Out of "self-hatred," of course.

Since the role of the Jewish leadership had come up at the trial, and since I had reported and commented on it, it was inevitable that it too should be discussed. This, in my opinion, is a serious question, but the debate has contributed little to its clarification. As can be seen from the recent trial in Israel at which a certain Hirsch Birnblat, a former chief of the Jewish police in a Polish town and now a conductor at the Israeli Opera, first was sentenced by a district court to five years' imprisonment, and then was exonerated by the Supreme Court in Jerusalem, whose unanimous opinion indirectly exonerated the Jewish Councils in general, the Jewish Establishment is bitterly divided on this issue. In the debate, however, the most vocal participants were those who either identified the Jewish people with its leadership - in striking contrast to the clear distinction made in almost all the reports of survivors, which may be summed up in the words of a former inmate of Theresienstadt: "The Jewish people as a whole behaved magnificently. Only the leadership failed" - or justified the Jewish functionaries by citing all the commendable services they had rendered before the war, and above all before the era of the Final Solution, as though there were no difference between helping Jews to emigrate and helping the Nazis to deport them.

While these issues had indeed some connection with this book, although they were inflated out of all proportion, there were others which had no relation to it whatsoever. There was, for instance, a hot discussion of the German resistance movement from the beginning of the Hitler regime on, which I naturally did not discuss, since the question of Eichmann's conscience, and that of the situation around him, relates only to the period of the war and the Final Solution. But there were more fantastic items. Quite a number of people began to debate the question of whether the victims of persecution may not always be "uglier" than their murderers; or whether anyone who was not present is entitled "to sit in judgment" over the past; or whether the defendant or the victim holds the center of the stage in a trial. On the latter point, some went so far as to assert not only that I was wrong in being interested in what kind of person Eichmann was, but that he should not have been allowed to speak at all - that is, presumably, that the trial should have been conducted without any defense.

As is frequently the case in discussions that are conducted with a great show of emotion, the down-to-earth interests of certain groups, whose excitement is entirely concerned with factual matters and who therefore try to distort the facts, become quickly and inextricably involved with the untrammeled inspirations of intellectuals who, on the contrary, are not in the least interested in facts but treat them merely as a springboard for "ideas." But even in these sham battles, there could often be detected a certain seriousness, a degree of authentic concern, and this even in the contributions by people who boasted that they had not read the book and promised that they never would read it.

Compared with these debates, which wandered so far afield, the book itself dealt with a sadly limited subject. The report of a trial can discuss only the matters which were treated in the course of the trial, or which in the interests of justice should have been treated. If the general situation of a country in which the trial takes place happens to be important to the conduct of the trial, it too must be taken into account. This book, then, does not deal with the history of the greatest disaster that ever befell the Jewish people, nor is it an account of totalitarianism, or a history of the German people in the time of the Third Reich, nor is it, finally and least of all, a theoretical treatise on the nature of evil. The focus of every trial is upon the person of the defendant, a man of flesh and blood with an individual history, with an always unique set of qualities, peculiarities, behavior patterns, and circumstances. All the things that go beyond that, such as the history of the Jewish people in the dispersion, and of anti-Semitism, or the conduct of the German people and other peoples, or the ideologies of the time and the governmental apparatus of the Third Reich, affect the trial only insofar as they form the background and the conditions under which the defendant committed his acts. All the things that the defendant did not come into contact with, or that did not influence him, must be omitted from the proceedings of the trial and consequently from the report on it.

It may be argued that all the general questions we involuntarily raise as soon as we begin to speak of these matters - why did it have to be the Germans? why did it have to be the Jews?

what is the nature of totalitarian rule? - are far more important than the question of the kind of crime for which a man is being tried, and the nature of the defendant upon whom justice must be pronounced; more important, too, than the question of how well our present system of justice is capable of dealing with this special type of crime and criminal it has had repeatedly to cope with since the Second World War. It can be held that the issue is no longer a particular human being, a single distinct individual in the dock, but rather the German people in general, or anti-Semitism in all its forms, or the whole of modern history, or the nature of man and original sin - so that ultimately the entire human race sits invisibly beside the defendant in the dock. All this has often been argued, and especially by those who will not rest until they have discovered an "Eichmann in every one of us." If the defendant is taken as a symbol and the trial as a pretext to bring up matters which are apparently more interesting than the guilt or innocence of one person, then consistency demands that we bow to the assertion made by Eichmann and his lawyer: that he was brought to book because a scapegoat was needed, not only for the German Federal Republic, but also for the events as a whole and for what made them possible - that is, for anti-Semitism and totalitarian government as well as for the human race and original sin.

I need scarcely say that I would never have gone to Jerusalem if I had shared these views. I held and hold the opinion that this trial had to take place in the interests of justice and nothing else. I also think the judges were quite right when they stressed in their verdict that "the State of Israel was established and recognized as the State of the Jews," and therefore had jurisdiction over a crime committed against the Jewish people; and in view of the current confusion in legal circles about the meaning and usefulness of punishment, I was glad that the judgment quoted Grotius, who, for his part, citing an older author, explained that punishment is necessary "to defend the honor or the authority of him who was hurt by the offence so that the failure to punish may not cause his degradation."

There is of course no doubt that the defendant and the nature of his acts as well as the trial itself raise problems of a general nature which go far beyond the matters considered in Jerusalem. I have attempted to go into some of these problems in the Epilogue, which ceases to be simple reporting. I would not have been surprised if people had found my treatment inadequate, and I would have welcomed a discussion of the general significance of the entire body of facts, which could have been all the more meaningful the more directly it referred to the concrete events. I also can well imagine that an authentic controversy might have arisen over the subtitle of the book; for when I speak of the banality of evil, I do so only on the strictly factual level, pointing to a phenomenon which stared one in the face at the trial. Eichmann was not lago and not Macbeth, and nothing would have been farther from his mind than to determine with Richard III "to prove a villain." Except for an extraordinary diligence in looking out for his personal advancement, he had no motives at all. And this diligence in itself was in no way criminal; he certainly would never have murdered his superior in order to inherit his post. He merely, to put the matter colloquially, never realized what he was doing. It was precisely this lack of imagination which enabled him to sit for months on end facing a German Jew who was conducting the police interrogation, pouring out his heart to the man and explaining again and again how it was that he reached only the rank of lieutenant colonel in the S.S. and that it had not been his fault that he was not promoted. In principle he knew quite well what it was all about, and in his final statement to the court he spoke of the "revaluation of values prescribed by the [Nazi] government." He was not stupid. It was sheer thoughtlessness - something by no means identical with stupidity - that predisposed him to become one of the greatest criminals of that period. And if this is "banal" and even funny, if with the best will in the world one cannot extract any diabolical or demonic profundity from Eichmann, that is still far from calling it commonplace. It surely cannot be so common that a man facing death, and, moreover, standing beneath the gallows, should be able to think of nothing but what he has heard at funerals all his life, and that these "lofty words" should completely becloud the reality - of his own death. That such remoteness from reality and such thoughtlessness can wreak more havoc than all the evil instincts taken together which, perhaps, are inherent in man - that was, in fact, the lesson one could learn in Jerusalem. But it was a lesson, neither an explanation of the phenomenon nor a theory about it,

Seemingly more complicated, but in reality far simpler than examining the strange interdependence of thoughtlessness and evil, is the question of what kind of crime is actually involved here - a crime, moreover, which all agree is unprecedented. For the concept of genocide, introduced explicitly to cover a crime unknown before, although applicable up to a point is not fully adequate, for the simple reason that massacres of whole peoples are not unprecedented. They were the order of the day in antiquity, and the centuries of colonization and imperialism provide plenty of examples of more or less successful attempts of that sort. The expression "administrative massacres" seems better to fill' the bill. The term arose in connection with British imperialism; the English deliberately rejected such procedures as a means of maintaining their rule over India. The phrase has the virtue of dispelling the prejudice that such monstrous acts can be committed only against a foreign nation or a different race. There is the well-known fact that Hitler began his mass murders by granting "mercy deaths" to the "incurably ill," and that he intended to wind up his extermination program by doing away with "genetically damaged" Germans (heart and lung patients). But quite aside from that, it is apparent that this sort of killing can be directed against any given group, that is, that the principle of selection is dependent only upon circumstantial factors. It is quite conceivable that in the automated economy of a not-too-distant future men may be tempted to exterminate all those whose intelligence quotient is below a certain level.

In Jerusalem this matter was inadequately discussed because it is actually very difficult to grasp juridically. We heard the protestations of the defense that Eichmann was after all only a "tiny cog"

in the machinery of the Final Solution, and of the prosecution, which believed it had discovered in Eichmann the actual motor. I myself attributed no more importance to both theories than did the Jerusalem court, since the whole cog theory is legally pointless and therefore it does not matter at all what order of magnitude is assigned to the "cog" named Eichmann. In its judgment the court naturally conceded that such a crime could be committed only by a giant bureaucracy using the resources of government. But insofar as it remains a crime - and that, of course, is the premise for a trial - all the cogs in the machinery, no matter how insignificant, are in court forthwith transformed back into perpetrators, that is to say, into human beings. If the defendant excuses himself on the ground that he acted not as a man but as a mere functionary whose functions could just as easily have been carried out by an one else, it is as if a criminal pointed to the statistics on crime - which set forth that so-and-so many crimes per day are committed in such-and-such a place - and declared that he only did what was statistically expected, that it was mere accident that he did it and not somebody else, since after all somebody had to do it.

Of course it is important to the political and social sciences that the essence of totalitarian government, and perhaps the nature of every bureaucracy, is to make functionaries and mere cogs in the administrative machinery out of men, and thus to dehumanize them. And one can debate long and profitably on the rule of Nobody, which is what the political form known as bureau-cracy truly is. Only one must realize clearly that the administration of justice can consider these factors only to the extent that they are circumstances of the crime - just as, in a case of theft, the economic plight of the thief is taken into account without excusing the theft, let alone wiping it off the slate. True, we have become very much accustomed by modern psychology and sociology, not to speak of modern bureaucracy, to explaining away the responsibility of the doer for his deed in terms of this or that kind of determinism. Whether such seemingly deeper explanations of human actions are right or wrong is debatable. But what is not debatable is that no judicial procedure would be possible on the basis of them, and that the administration of justice, measured by such theories, is an extremely unmodern, not to say outmoded, institution.

When Hitler said that a day would come in Germany when it would be considered a "disgrace" to be a jurist, he was speaking with utter consistency of his dream of a perfect bureaucracy.

As far as I can see, jurisprudence has at its disposal for treating this whole battery of questions only two categories, both of which, to my mind, are quite inadequate to deal with the matter.

These are the concepts of "acts of state" and of acts "on superior orders." At any rate, these are the only categories in terms of which such matters are discussed in this kind of trial, usually on the motion of the defendant. The theory of the act of state is based on the argument that one sovereign state may not sit in judgment upon another, par in parem non habet jurisdictionem.

Practically speaking, this argument had already been disposed of at Nuremberg; it stood no chance from the start, since, if it were accepted, even Hitler, the only one who was really responsible in the full sense, could not have been brought to account - a state of affairs which would have violated the most elementary sense of justice. However, an argument that stands no chance on the practical plane has not necessarily been demolished on the theoretical one. The usual evasions - that Germany at the time of the Third Reich was dominated by a gang of criminals to whom sovereignty and parity cannot very well be ascribed - were hardly useful. For on the one hand everyone knows that the analogy with a gang of criminals is applicable only to such a limited extent that it is not really applicable at all, and on the other hand these crimes undeniably took place within a "legal" order. That, indeed, was their outstanding characteristic.

Perhaps we can approach somewhat closer to the matter if we realize that back of the concept of act of state stands the theory of raison d'état. According to that theory, the actions of the state, which is responsible for the life of the country and thus also for the laws obtaining in it, are not subject to the same rules as the acts of the citizens of the country. Just as the rule of law, although devised to eliminate violence and the war of all against all, always stands in need of the instruments of violence in order to assure its own existence, so a government may find itself compelled to commit actions that are generally regarded as crimes in order to assure its own survival and the survival of lawfulness. Wars are frequently justified on these grounds, but criminal acts of state do not occur only in the field of international relations, and the history of civilized nations knows many examples of them - from Napoleon's assassination of the Due d'Enghien, to the murder of the Socialist leader Matteotti, for which Mussolini himself was presumably responsible.

Raison d'état appeals - rightly or wrongly, as the case may be - to necessity, and the state crimes committed in its name (which are fully criminal in terms of the dominant legal system of the country where they occur) are considered emergency measures, concessions made to the stringencies of Realpolitik, in order to preserve power and thus assure the continuance of the existing legal order as a whole. In a normal political and legal system, such crimes occur as an exception to the rule and are not subject to legal penalty (are gerichtsfrei, as German legal theory expresses it) because the existence of the state itself is at stake, and no outside political entity has the right to deny a state its existence or prescribe how it is to preserve it. However - as we may have learned from the history of Jewish policy in the Third Reich - in a state founded upon criminal principles, the situation is reversed. Then a non-criminal act (such as, for example, Himmler's order in the late summer of 1944 to halt the deportation of Jews) becomes a concession to necessity imposed by reality, in this case the impending defeat. Here the question arises: what is the nature of the sovereignty of such an entity? Has it not violated the parity (par in parem non ha bet jurisdictionem) which international law accords it? Does the "par in parem"

signify no more than the paraphernalia of sovereignty? Or does it also imply a substantive equality or likeness? Can we apply the same principle that is applied to a governmental apparatus in which crime and violence are exceptions and borderline cases to a political order in which crime is legal and the rule?

Just how inadequate juristic concepts really are to deal with the criminal facts which were the subject matter of all these trials appears perhaps even more strikingly in the concept of acts performed on superior orders. The Jerusalem court countered the argument advanced by the defense with lengthy quotations from the penal and military lawbooks of civilized countries, particularly of Germany; for under Hitler the pertinent articles had by no means been repealed. All of them agree on one point: manifestly criminal orders must not be obeyed. The court, moreover, referred to a case that came up in Israel several years ago: soldiers were brought to trial for having massacred the civilian inhabitants of an Arab village on the border shortly before the beginning of the Sinai campaign. The villagers had been found outside their houses during a military curfew of which, it appeared, they were unaware. Unfortunately, on closer examination the comparison appears to be defective on two accounts. First of all, we must again consider that the relationship of exception and rule, which is of prime importance for recognizing the criminality of an order executed by a subordinate, was reversed in the case of Eichmann's actions. Thus, on the basis of this argument one could actually defend Eichmann's failure to obey certain of Himmler's orders, or his obeying them with hesitancy: they were manifest exceptions to the prevailing rule. The judgment found this to be especially incriminating to the defendant, which was certainly very understandable but not very consistent. This can easily be seen from the pertinent findings of Israeli military courts, which were cited in support by the judges. They ran as follows: the order to be disobeyed must be "manifestly unlawful"; unlawfulness "should fly like a black flag above [it], as a warning reading, `Prohibited.' " In other words, the order, to be recognized by the soldier as "manifestly unlawful," must violate by its unusualness the canons of the legal system to which he is accustomed. And Israeli jurisprudence in these matters coincides completely with that of other countries. No doubt in formulating these articles the legislators were thinking of cases in which an officer who suddenly goes mad, say, commands his subordinates to kill another officer. In any normal trial of such a case, it would at once become clear that the soldier was not being asked to consult the voice of conscience, or a "feeling of lawfulness that lies deep within every human 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 corrupt." Rather, the soldier would be expected to be able to distinguish between a rule and a striking exception to the rule. The German military code, at any rate, explicitly states that conscience is not enough. Paragraph 48

reads: "Punishability of an action or omission is not excluded on the ground that the person considered his behavior required by his conscience or the prescripts of his religion." A striking feature of the Israeli court's line of argument is that the concept of a sense of justice grounded in the depths of every man is presented solely as a substitute for familiarity with the law. Its plausibility rests on the assumption that the law expresses only what every man's conscience would tell him anyhow.

If we are to apply this whole reasoning to the Eichmann case in a meaningful way, we are forced to conclude that Eichmann acted fully within the framework of the kind of judgment required of him: he acted in accordance with the rule, examined the order issued to him for its "manifest"

legality, namely regularity; he did not have to fall back upon his "conscience," since he was not one of those who were unfamiliar with the laws of his country. The exact opposite was the case.

The second account on which the argument based on comparison proved to be defective concerns the practice of the courts of admitting the plea of "superior orders" as important extenuating circumstances, and this practice was mentioned explicitly by the judgment. The judgment cited the case I have mentioned above, that of the massacre of the Arab inhabitants at Kfar Kassem, as proof that Israeli jurisdiction does not clear a defendant of responsibility for the

"superior orders" he received. And it is true, the Israeli soldiers were indicted for murder, but

"superior orders" constituted so weighty an argument for mitigating circumstances that they were sentenced to relatively short prison terms. To be sure, this case concerned an isolated act, not -

as in Eichmann's case - an activity extending over years, in which crime followed crime. Still, it was undeniable that he had always acted upon "superior orders," and if the provisions of ordinary Israeli law had been applied to him, it would have been difficult indeed to impose the maximum penalty upon him. The truth of the matter is that Israeli law, in theory and practice, like the jurisdiction of other countries cannot but admit that the fact of "superior orders," even when their unlawfulness is "manifest," can severely disturb the normal working of a man's conscience.

This is only one example among many to demonstrate the inadequacy of the prevailing legal system and of current juridical concepts to deal with the facts of administrat