Eichmann in Jerusalem

The end of the world began, of course, in the German Reich, which at the time embraced not only Germany but Austria, Moravia and Bohemia, the Czech Protectorate, and the annexed Polish Western Regions. In the last of these, the so-called Warthegau, Jews, together with Poles, had been deported eastward after the beginning of the war, in the first huge resettlement project in the East—“an organized wandering of nations,” as the judgment of the District Court in Jerusalem called it—while Poles of German origin (Volksdeutsche) were shipped westward “back into the Reich.” Himmler, in his capacity as Reich Commissioner for the Strengthening of German Folkdom, had entrusted Heydrich with this “emigration and evacuation,” and in January, 1940, Eichmann's first official department in the R.S.H.A., Bureau IV-D-4, was set up. Though this position proved administratively to be the stepping-stone to his later job in Bureau IV-B-4, Eichmann's work here was no more than a kind of apprenticeship, the transition between his old job of making people emigrate and his future task of deporting them. His first deportation jobs did not belong to the Final Solution; they occurred before the official Hitler order. In view of what happened later, they can be regarded as test cases, as an experiment in catastrophe. The first was the deportation of thirteen hundred Jews from Stettin, which was carried out in a single night, on February 13, 1940. This was the first deportation of German Jews, and Heydrich had ordered it under the pretext that “their apartments were urgently required for reasons connected with the war economy.” They were taken, under unusually atrocious conditions, to the Lublin area of Poland. The second deportation took place in the fall of the same year: all the Jews in Baden and the Saarpfalz—about seventy-five hundred men, women, and children—were shipped, as I mentioned earlier, to Unoccupied France, which was at that moment quite a trick, since nothing in the Franco-German Armistice agreement stipulated that Vichy France could become a dumping ground for Jews. Eichmann had to accompany the train himself in order to convince the French stationmaster at the border that this was a German “military transport.”

These two operations entirely lacked the later elaborate “legal” preparations. No laws had yet been passed depriving Jews of their nationality the moment they were deported from the Reich, and instead of the many forms Jews eventually had to fill out in arranging for the confiscation of their property, the Stettin Jews simply signed a general waiver, covering everything they owned. Clearly, it was not the administrative apparatus that these first operations were supposed to test. The objective seems to have been a test of general political conditions—whether Jews could be made to walk to their doom on their own feet, carrying their own little valises, in the middle of the night, without any previous notification; what the reaction of their neighbors would be when they discovered the empty apartments in the morning; and, last but not least, in the case of the Jews from Baden, how a foreign government would react to being suddenly presented with thousands of Jewish “refugees.” As far as the Nazis could see, everything turned out very satisfactorily. In Germany, there were a number of interventions for “special cases”—for the poet Alfred Mombert, for instance, a member of the Stefan George circle, who was permitted to depart to Switzerland—but the population at large obviously could not have cared less. (It was probably at this moment that Heydrich realized how important it would be to separate Jews with connections from the anonymous masses, and decided, with Hitler's agreement, to establish Theresienstadt and Bergen-Belsen.) In France, something even better happened: the Vichy government put all seventy-five hundred Jews from Baden in the notorious concentration camp at Gurs, at the foot of the Pyrenees, which had originally been built for the Spanish Republican Army and had been used since May of 1940 for the so-called “réfugiés provenant d'Allemagne,” the large majority of whom were, of course, Jewish. (When the Final Solution was put into effect in France, the inmates of the Gurs camp were all shipped to Auschwitz.) The Nazis, always eager to generalize, thought they had demonstrated that Jews were “undesirables” everywhere and that every non-Jew was an actual or potential anti-Semite. Why, then, should anybody be bothered if they tackled this problem “radically”? Still under the spell of these generalizations, Eichmann complained over and over in Jerusalem that no country had been ready to accept Jews, that this, and only this, had caused the great catastrophe. (As though those tightly organized European nation-states would have reacted any differently if any other group of foreigners had suddenly descended upon them in hordes—penniless, passportless, unable to speak the language of the country!) However, to the never-ending surprise of the Nazi officials, even the convinced anti-Semites in foreign lands were not willing to be “consistent,” and showed a deplorable tendency to shy away from “radical” measures. Few of them put it as bluntly as a member of the Spanish Embassy in Berlin—“If only one could be sure they wouldn't be liquidated,” he said of some six hundred Jews of Spanish descent who had been given Spanish passports, though they had never been in Spain, and whom the Franco Government wished very much to transfer to German jurisdiction—but most of them thought precisely along these lines.

After these first experiments, there followed a lull in deportations, and we have seen how Eichmannn used his enforced inactivity to play around with Madagascar. But in March, 1941, during the preparation for the war against Russia, Eichmann was suddenly put in charge of a new subsection, or rather, the name of his subsection was changed from Emigration and Evacuation to Jewish Affairs, Evacuation. From then on, though he was not yet informed of the Final Solution, he should have been aware not only that emigration had definitely come to an end, but that deportation was to take its place. But Eichmann was not a man to take hints, and since no one had yet told him differently, he continued to think in terms of emigration. Thus at a meeting with representatives of the Foreign Office in October, 1940, during which it had been proposed that the citizenship of all German Jews abroad be canceled, Eichmann protested vigorously that “such a step light influence other countries which to date were still ready to open their gates to Jewish immigrants and to grant entry permits.” He always thought within the narrow limits of whatever laws and decrees were valid at a given moment, and the shower of new anti-Jewish legislation descended upon the Reich's Jews only after Hitler's order for the Final Solution had been officially handed down to those who were to implement it. At the same time, it had been decided that the Reich was to be given top priority, its territories made judenrein with all speed; it is surprising that it still took almost two years to do the job. The preparatory regulations, which were soon to serve as models for all other countries, consisted, first, of the introduction of the yellow badge (September 1, 1941); second, of a change in the nationality law, providing that a Jew could not be considered a German national if he lived outside the borders of the Reich (whence, of course, he was to be deported); third, of a decree that all property of German Jews who had lost their nationality was to be confiscated by the Reich (November 25, 1941). The preparations culminated in an agreement between Otto Thierack, the Minister of Justice, and Himmler whereby the former relinquished jurisdiction over “Poles, Russians, Jews, and Gypsies” in favor of the S.S., since “the Ministry of Justice can make only a small contribution to the extermination [sic] of these peoples.” (This open language, in a letter dated October, 1942, from the Minister of Justice to Martin Bormann, head of the Party Chancellery, is noteworthy.) Slightly different directives had to be issued to cover those who were deported to Theresienstadt because, Theresienstadt being on Reich territory, the Jews deported there did not automatically become stateless. In the case of these “privileged categories,” an old law of 1933 permitted the government to confiscate property that had been used for activities “hostile to the nation and the State.” This kind of confiscation had been customary in the case of political prisoners in the concentration camps, and though Jews did not belong in this category—all concentration camps in Germany and Austria had become judenrein by the fall of 1942—it took only one more regulation, issued in March, 1942, to establish that all deported Jews were “hostile to the nation and the State.” The Nazis took their own legislation quite seriously, and though they talked among themselves of “the Theresienstadt ghetto” or “the ghetto for old people,” Theresienstadt was officially classified as a concentration camp, and the only people who did not know this—one did not want to hurt their feelings, since this “place of residence” was reserved for “special cases”—were the inmates. And to make sure that the Jews sent there would not become suspicious, the Jewish Association in Berlin (the Reichsvereinigung) was directed to draw up an agreement with each deportee for “the acquisition of residence” in Theresienstadt. The candidate transferred all his property to the Jewish Association, in consideration whereof the Association guaranteed him housing, food, clothing, and medical care for life. When, finally, the last officials of the Reichsvereinigung were themselves sent to Theresienstadt, the Reich simply confiscated the considerable amount of money then in the Association's treasury.

All deportations from West to East were organized and coordinated by Eichmann and his associates in Section IV-B-4 of the R.S.H.A.—a fact that was never disputed during the trial. But to put the Jews on the trains he needed the help of ordinary police units; in Germany the Order Police guarded the trains and posted escorts, and in the East the Security Police (not to be confused with Himmler's Security Service, or S.D.) stood ready at the places of destination to receive the trains and hand their inmates over to the authorities in the killing centers. The Jerusalem court followed the definitions of “criminal organizations” established at Nuremberg; this meant that neither the Order Police nor the Security Police were ever mentioned, although their active involvement in the implementation of the Final Solution had by this time been amply substantiated. But even if all the police units had been added to the four organizations recognized as “criminal”—the leadership corps of the Nazi Party, the Gestapo, the S.D., and the S.S.—the Nuremberg distinctions would have remained inadequate and inapplicable to the reality of the Third Reich. For the truth of the matter is that there existed not a single organization or public institution in Germany, at least during the war years, that did not become involved in criminal actions and transactions.

After the troublesome issue of personal interventions had been resolved through the establishment of Theresienstadt, two things still stood in the way of a “radical” and “final” solution. One was the problem of half-Jews, whom the “radicals” wanted to deport along with the full Jews and whom the “moderates” wished to sterilize—because if you permitted the half-Jews to be killed, it meant that you abandoned “that half of their blood which is German,” as Stuckart of the Ministry of the Interior phrased it at the Wannsee Conference. (Actually, nothing was ever done about the Mischlinge, or about Jews who had made mixed marriages; a forest of difficulties, in Eichmann's words, surrounded and protected them—their non-Jewish relatives, for one, and, for another, the disappointing fact that the Nazi physicians, despite all their promises, never discovered a quick means of mass sterilization.) The second problem was the presence in Germany of a few thousand foreign Jews, whom Germany could not deprive of their nationality through deportation. A few hundred American and English Jews were interned and held for exchange purposes, but the methods devised for dealing with nationals of neutral countries or those allied with Germany are interesting enough to be recorded, especially since they played a certain role in the trial. It was in reference to these people that Eichmann was accused of having shown inordinate zeal lest a single Jew escape him. This zeal he shared, as Reitlinger says, with the “professional bureaucrats of the Foreign Office, [to whom] the flight of a few Jews from torture and slow death was a matter of the gravest concern, and whom he had to consult on all such cases. As far as Eichmann was concerned, the simplest and most logical solution was to deport all Jews regardless of their nationality. According to the directives of the Wannsee Conference, which was held in the heyday of Hitler's victories, the Final Solution was to be applied to all European Jews, whose number was estimated at eleven million, and such things as nationality or the rights of allied or neutral countries with respect to their citizens were not even mentioned. But since Germany, even in the brightest days of the war, depended upon local good will and cooperation everywhere, these little formalities could not be sneezed at. It was the task of the experienced diplomats of the Foreign Service to find ways out of this particular “forest of difficulties,” and the most ingenious of these consisted in the use of foreign Jews in German territory to test the general atmosphere in their home countries. The method by which this was done, though simple, was somewhat subtle, and was certainly quite beyond Eichmann's mental grasp and political apprehension. (This was borne out by the documentary evidence; letters that his department addressed to the Foreign Office in these matters were signed by Kaltenbrunner or Müller.) The Foreign Office wrote to the authorities in other countries, saying that the German Reich was in the process of becoming judenrein and that it was therefore imperative that foreign Jews be called home if they were not to be included in the anti-Jewish measures. There was more in this ultimatum than meets the eye. These foreign Jews, as a rule, either were naturalized citizens of their respective countries, or, worse, were in fact stateless but had obtained passports by some highly dubious method that worked well enough as long as their bearers stayed abroad. This was especially true of Latin American countries, whose consuls abroad sold passports to Jews quite openly; the fortunate holders of such passports had every right, including some consular protection, except the right ever to enter their “homeland.” Hence, the ultimatum of the Foreign Office was aimed at getting foreign governments to agree to the application of the Final Solution at least to those Jews who were only nominally their nationals. Was it not logical to believe that a government that had shown itself unwilling to offer asylum to a few hundred or a few thousand Jews, who in any case were in no position to establish permanent residence there, would be unlikely to raise many objections on the day when its whole Jewish population was to be expelled and exterminated? Perhaps it was logical, but it was not reasonable, as we shall see shortly.

On June 30, 1943, considerably later than Hitler had hoped, the Reich—Germany, Austria, and the Protektorat—was declared judenrein. There are no definite figures as to how many Jews were actually deported from this area, but we know that of the two hundred and sixty-five thousand people who, according to German statistics, were either deported or were eligible for deportation by January, 1942, very few escaped; perhaps a few hundred, at the most a few thousand, succeeded in hiding and surviving the war. How easy it was to set the conscience of the Jews’ neighbors at rest is best illustrated by the official explanation of the deportations given in a circular issued by the Party Chancellery in the fall of 1942: “It is the nature of things that these, in some respects, very difficult problems can be solved in the interests of the permanent security of our people only with ruthless toughness” —rücksichtsloser Härte (my italics).

X: Deportations from Western Europe—France, Belgium, Holland, Denmark, Italy

“Ruthless toughness,” a quality held in the highest esteem by the rulers of the Third Reich, is frequently characterized in postwar Germany, which has developed a veritable genius for understatement with respect to her Nazi past, as being ungut—lacking goodness—as though nothing had been wrong with those endowed with this quality but a deplorable failure to act according to the exacting standards of Christian charity. In any case, men sent by Eichmann's office to other countries as “advisers on Jewish affairs”—to be attached to the regular diplomatic missions, or to the military staff, or to the local command of the Security Police—were all chosen because they possessed this virtue to the highest degree. In the beginning, during the fall and winter of 1941–42, their main job seems to have been to establish satisfactory relations with the other German officials in the countries concerned, especially with the German embassies in nominally independent countries and with the Reich commissioners in occupied territories; in either case, there was perpetual conflict over jurisdiction in Jewish matters.

In June, 1942, Eichmann recalled his advisers in France, Belgium, and Holland in order to lay plans for deportations from these countries. Himmler had ordered that FRANCE be given top priority in “combing Europe from West to East,” partly because of the inherent importance of the nation par excellence, and partly because the Vichy government had shown a truly amazing “understanding” of the Jewish problem and had introduced, on its own initiative, a great deal of anti-Jewish legislation; it had even established a special Department for Jewish Affairs, headed first by Xavier Vallant and somewhat later by Darquier de Pellepoix, both well-known anti-Semites. As a concession to the French brand of anti-Semitism, which was intimately connected with a strong, generally chauvinistic xenophobia in all strata of the population, the operation was to start with foreign Jews, and since in 1942 more than half of France's foreign Jews were stateless—refugees and émigrés from Russia, Germany, Austria, Poland, Rumania, Hungary—that is, from areas that either were under German domination or had passed anti-Jewish legislation before the outbreak of war—it was decided to begin by deporting an estimated hundred thousand stateless Jews. (The total Jewish population of the country was now well over three hundred thousand; in 1939, before the influx of refugees from Belgium and Holland in the spring of 1940, there had been about two hundred and seventy thousand Jews, of whom at least a hundred and seventy thousand were foreign or foreign-born.) Fifty thousand each were to be evacuated from the Occupied Zone and from Vichy France with all speed. This was a considerable undertaking, which needed not only the agreement of the Vichy government but the active help of the French police, who were to do the work done in Germany by the Order Police. At first, there were no difficulties whatever, since, as Pierre Laval, Premier under Marshal Pétain, pointed out, “these foreign Jews had always been a problem in France,” so that the “French government was glad that a change in the German attitude toward them gave France an opportunity to get rid of them.” It must be added that Laval and Pétain thought in terms of these Jews’ being resettled in the East; they did not yet know what “resettlement” meant.

Two incidents, in particular, attracted the attention of the Jerusalem court, both of which occurred in the summer of 1942, a few weeks after the operation had started. The first concerned a train due to leave Bordeaux on July 15, which had to be canceled because only a hundred and fifty stateless Jews could be found in Bordeaux—not enough to fill the train, which Eichmann had obtained with great difficulty. Whether or not Eichmann recognized this as the first indication that things might not be quite as easy as everybody felt entitled to believe, he became very excited, telling his subordinates that this was “a matter of prestige”—not in the eyes of the French but in those of the Ministry of Transport, which might get wrong ideas about the efficiency of his apparatus—and that he would “have to consider whether France should not be dropped altogether as far as evacuation was concerned” if such an incident was repeated. In Jerusalem, this threat was taken very seriously, as proof of Eichmann's power; if he wished, he could “drop France.” Actually, it was one of Eichmann's ridiculous boasts, proof of his “driving power” but hardly “evidence of… his status in the eyes of his subordinates,” except insofar as he had plainly threatened them with losing their very cozy war jobs. But if the Bordeaux incident was a farce, the second was the basis for one of the most horrible of the many hair-raising stories told at Jerusalem. This was the story of four thousand children, separated from their parents who were already on their way to Auschwitz. The children had been left behind at the French collection point, the concentration camp at Drancy, and on July 10 Eichmann's French representative, Hauptsturmführer Theodor Dannecker, phoned him to ask what was to be done with them. Eichmann took ten days to decide; then he called Dannecker back to tell him that “as soon as transports could again be dispatched to the General Government area [of Poland], transports of children could roll.” Dr. Servatius pointed out that the whole incident actually demonstrated that the “persons affected were determined neither by the accused nor by any members of his office.” But what, unfortunately, no one mentioned was that Dannecker had informed Eichmann that Laval himself had proposed that children under sixteen be included in the deportations; this meant that the whole gruesome episode was not even the result of “superior orders” but the outcome of an agreement between France and Germany, negotiated at the highest level.

During the summer and fall of 1942, twenty-seven thousand stateless Jews—eighteen thousand from Paris and nine thousand from Vichy Franc—were deported to Auschwitz. Then, when there were about seventy thousand stateless Jews left in all of France, the Germans made their first mistake. Confident that the French had by now become so accustomed to deporting Jews that they wouldn't mind, they asked for permission to include French Jews also—simply to facilitate administrative matters. This caused a complete turnabout; the French were adamant in their refusal to hand over their own Jews to the Germans. And Himmler, upon being informed of the situation —not by Eichmann or his men, incidentally, but by one of the Higher S.S. and Police Leaders—immediately gave in and promised to spare French Jews. But now it was too late. The first rumors about “resettlement” had reached France, and while French anti-Semites, and non-anti-Semites too, would have liked to see foreign Jews settle somewhere else, not even the anti-Semites wished to become accomplices in mass murder. Hence, the French now refused to take a step they had eagerly contemplated only a short time before, that is, to revoke naturalizations granted to Jews after 1927 (or after 1933), which would have made about fifty thousand more Jews eligible for deportation. They also started making such endless difficulties with regard to the deportation of stateless and other foreign Jews that all the ambitious plans for the evacuation of Jews from France did indeed have to be “dropped.” Tens of thousands of stateless persons went into hiding, while thousands more fled to the Italian-occupied French zone, the Côte d‘Azur, where Jews were safe, whatever their origin or nationality. In the summer of 1943, when Germany was declared judenrein and the Allies had just landed in Sicily, no more than fifty-two thousand Jews, certainly less than twenty per cent of the total, had been deported, and of these no more than six thousand possessed French nationality. Not even Jewish prisoners of war in the German internment camps for the French Army were singled out for “special treatment.” In April, 1944, two months before the Allies landed in France, there were still two hundred and fifty thousand Jews in the country, and they all survived the war. The Nazis, it turned out, possessed neither the manpower nor the will power to remain “tough” when they met determined opposition. The truth of the matter was, as we shall see, that even the members of the Gestapo and the S.S. combined ruthlessness with softness.

At the June, 1942, meeting in Berlin, the figures set for immediate deportations from Belgium and the Netherlands had been rather low, probably because of the high figure set for France. No more than ten thousand Jews from Belgium and fifteen thousand from Holland were to be seized and deported in the immediate future. In both cases the figures were later significantly enlarged, probably because of the difficulties encountered in the French operation. The situation of BELGIUM was peculiar in some respects. The country was ruled exclusively by German military authorities, and the police, as a Belgian government report submitted to the court pointed out, “did not have the same influence upon the other German administration services that they enjoyed in other places.” (Belgium's governor, General Alexander von Falkenhausen, was later implicated in the July, 1944, conspiracy against Hitler.) Native collaborators were of importance only in Flanders; the Fascist movement among the French-speaking Walloons, headed by Degrelle, had little influence. The Belgian police did not cooperate with the Germans, and the Belgian railway men could not even be trusted to leave deportation trains alone. They contrived to leave doors unlocked or to arrange ambushes, so that Jews could escape. Most peculiar was the composition of the Jewish population. Before the outbreak of war, there were ninety thousand Jews, of whom about thirty thousand were German Jewish refugees, while another fifty thousand came from other European countries. By the end of 1940, nearly forty thousand Jews had fled the country, and among the fifty thousand who remained there were at the most five thousand native-born Belgian citizens. Moreover among those who had fled were all the more important Jewish leaders, most of whom had been foreigners anyway, so that the Jewish did not command any authority among native Jews. With this “lack of understanding” on all sides, it is not surprising that very few Belgian Jews were deported. But recently naturalized and stateless Jews—of Czech, Polish, Russian, and German origin, many of whom had only recently arrived were easily recognizable and most difficult to hide in the small, completely industrialized country. By the end of 1942, fifteen thousand had been shipped to Auschwitz, and by the fall of 1944, when the Allies liberated the country, a total of twenty-five thousand had been killed. Eichmann had his usual “adviser” in Belgium, but the adviser seems not to have been very active in these operations. They were carried out, finally, by the military administration, under increased pressure from the Foreign Office.

As in practically all other countries, the deportations from HOLLAND started with stateless Jews, who in this instance consisted almost entirely of refugees from Germany, whom the prewar Dutch government had officially declared to be “undesirable.” There were about thirty-five thousand foreign Jews altogether in a total Jewish population of a hundred and forty thousand. Unlike Belgium, Holland was placed under a civil administration, and, unlike France, the country had no government of its own, since the cabinet, together with the royal family, had fled to London. The small nation was utterly at the mercy of the Germans and of the S.S. Eichmann's “adviser” in Holland was a certain Willi Zöpf (recently arrested in Germany, while the much more efficient adviser in France, Mr. Dannecker, is still at large) but he apparently had very little to say and could hardly do more than keep the Berlin office posted. Deportations and everything connected with them were handled by the lawyer Erich Rajakowitsch, Eichmann's former legal adviser in Vienna and Prague, who was admitted to the S.S. upon Eichmann's recommendation. He had been sent to Holland by Heydrich in April, 1941, and was directly responsible not to the R.S.H.A. in Berlin but to the local head of the Security Service in The Hague, Dr. Wilhelm Harsten, who in turn was under the command of the Higher S.S. and Police Leader Obergruppenführer Hans Rauter and his assistant in Jewish affairs, Ferdinand aus der Fünten. (Rauter and Fünten were condemned to death by a Dutch court; Rauter was executed and Fünten's sentence, allegedly after special intervention from Adenauer, was commuted to life imprisonment. Harsten, too, was brought to trial in Holland, sentenced to twelve years’ imprisonment, and released in 1957, whereupon he entered the civil service of the Bavarian state government. The Dutch authorities are considering proceedings against Rajakowitsch, who seems to live in either Switzerland or Italy. All these details have become known in the last year through the publication of Dutch documents and the report by E. Jacob, Dutch correspondent for the Basler Nationalzeitung, a Swiss newspaper.) The prosecution in Jerusalem, partly because it wanted to build up Eichmann at all costs and partly because it got genuinely lost in the intricacies of German bureaucracy, claimed that all these officers had carried out Eichmann's orders. But the Higher S.S. and Police Leaders took orders only directly from Himmler, and that Rajakowitsch was still taking orders from Eichmann at this time is highly unlikely, especially in view of what was then going to happen in Holland. The judgment, without engaging in polemics, quietly corrected a great number of errors made by the prosecution—though probably not all—and showed the constant jockeying for position that went on between the R.S.H.A. and the Higher S.S. and Police Leaders and other offices—the “tenacious, eternal, everlasting negotiations,” as Eichmann called them.

Eichmann had been especially upset by the arrangements in Holland, because it was clearly Himmler himself who was cutting him down to size, quite apart from the fact that the zeal of the gentlemen in residence created great difficulties for him in the timing of his own transports and generally made a mockery of the importance of the “coordinating center” in Berlin. Thus, right at the beginning, twenty thousand instead of fifteen thousand Jews were deported, and Eichmann's Mr. Zöpf, who was far inferior in rank as well as in position to all others present, was almost forced to speed up deportations in 1943. Conflicts of jurisdiction in these matters were to plague Eichmann at all times, and it was in vain that he explained to anybody who would listen that “it would be contradictory to the order of the Reichsführer S.S. [i.e., Himmler] and illogical if at this stage other authorities again were to handle the Jewish problem.” The last clash in Holland came in 1944, and this time even Kaltenbrunner tried to intervene, for the sake of uniformity. In Holland, Sephardic Jews, of Spanish origin, had been exempted, although Jews of that origin had been sent to Auschwitz from Salonika. The judgment was in error when it ventured that the R.S.H.A. “had the upper hand in this dispute” —for God knows what reasons, some three hundred and seventy Sephardic Jews remained unmolested in Amsterdam.

The reason Himmler preferred to work in Holland through his Higher S.S. and Police Leaders was simple. These men knew their way around the country, and the problem posed by the Dutch population was by no means an easy one. Holland had been the only country in all Europe where students went on strike when Jewish professors were dismissed and where a wave of strikes broke out in response to the first deportation of Jews to German concentration camps—and that deportation, in contrast to those to extermination camps, was merely a punitive measure, taken long before the Final Solution had reached Holland. (The Germans, as de Jong points out, were taught a lesson. From now on, “the persecution was carried out not with the cudgels of the Nazi storm troops…, but by decrees published in Verordeningenblad…, which the Joodsche Weekblad was forced to carry. Police raids in the streets no longer occurred and there were no strikes on the part of the population.) However, the widespread hostility in Holland toward anti-Jewish measures and the relative immunity of the Dutch people to anti-Semitism were held in check by two factors, which eventually proved fatal to the Jews. First, there existed a very strong Nazi movement in Holland, which could be trusted to carry out such police measures as seizing Jews, ferreting out their hiding places, and so on; second, there existed an inordinately strong tendency among the native Jews to draw a line between themselves and the new arrivals, which was probably the result of the very unfriendly attitude of the Dutch government toward refugees from Germany, and probably also because anti-Semitism in Holland, just as in France, focused on foreign Jews. This made it relatively easy for the Nazis to form their Jewish Council, the Joodsche Raad, which remained for a long time under the impression that only German and other foreign Jews would be victims of the deportations, and it also enabled the S.S. to enlist, in addition to Dutch police units, the help of a Jewish police force. The result was a catastrophe unparalleled in any Western country; it can be compared only with the extinction, under vastly different and, from the beginning, completely desperate conditions, of Polish Jewry. Although, in contrast with Poland, the attitude of the Dutch people permitted a large number of Jews to go into hiding—twenty to twenty-five thousand, a very high figure for such a small country—yet an unusually large number of Jews living underground, at least half of them, were eventually found, no doubt through the efforts of professional and occasional informers. By July, 1944, a hundred and thirteen thousand Jews had been deported, most of them to Sobibor, a camp in the Lublin area of Poland, by the river Bug, where no selections of able-bodied workers ever took place. Three-fourths of all Jews living in Holland were killed, about two-thirds of these native-born Dutch Jews. The last shipments left in the fall of 1944, when Allied patrols were at the Dutch borders. Of the ten thousand Jews who survived in hiding, about seventy-five per cent were foreigners—a percentage that testifies to the unwillingness of Dutch Jews to face reality.

At the Wannsee Conference, Martin Luther, of the Foreign Office, warned of great difficulties in the Scandinavian countries, notably in Norway and Denmark. (Sweden was never occupied, and Finland, though in the war on the side of the Axis, was the one country the Nazis hardly ever even approached on the Jewish question. This surprising exception of Finland, with some two thousand Jews, may have been due to Hitler's great esteem for the Finns, whom perhaps he did not want to subject to threats and humiliating blackmail.) Luther proposed postponing evacuations from Scandinavia for the time being, and as far as Denmark was concerned, this really went without saying, since the country retained its independent government, and was respected as a neutral state, until the fall of 1943, although it, along with Norway, had been invaded by the German Army in April, 1940. There existed no Fascist or Nazi movement in Denmark worth mentioning, and therefore no collaborators. In NORWAY, however, the Germans had been able to find enthusiastic supporters; indeed, Vidkun Quisling, leader of the pro-Nazi and anti-Semitic Norwegian party, gave his name to what later became known as a “quisling government.” The bulk hundred Jews were stateless, refugees from Germany; they were seized and interned in a few lightning operations in October and November, 1942. When Eichmann's office ordered their deportation to Auschwitz, some of Quisling's own men resigned their government posts. This may not have come as a surprise to Mr. Luther and the Foreign Office, but what was much more serious, and certainly totally unexpected, was that Sweden immediately offered asylum, and sometimes even Swedish nationality, to all who were persecuted. Ernst von Weizsäcker, Undersecretary of State of the Foreign Office, who received the proposal, refused to discuss it, but the offer helped nevertheless. It is always relatively easy to get out of a country illegally, whereas it is nearly impossible to enter the place of refuge without permission and to dodge the immigration authorities. Hence, about nine hundred people, slightly more than half of the small Norwegian community, could be smuggled into Sweden.

It was in DENMARK, however, that the Germans found out how fully justified the Foreign Office's apprehensions had been. The story of the Danish Jews is sui generis, and the behavior of the Danish people and their government was unique among all the countries of Europe—whether occupied, or a partner of the Axis, or neutral and truly independent. One is tempted to recommend the story as required reading in political science for all students who wish to learn something about the enormous power potential inherent in non-violent action and in resistance to an opponent possessing vastly superior means of violence. To be sure, a few other countries in Europe lacked proper “understanding of the Jewish question,” and actually a majority of them were opposed to “radical” and “final” solutions. Like Denmark, Sweden, Italy, and Bulgaria proved to be nearly immune to anti-Semitism, but of the three that were in the German sphere of influence, only the Danes dared speak out on the subject to their German masters. Italy and Bulgaria sabotaged German orders and indulged in a complicated game of double-dealing and double-crossing, saving their Jews by a tour de force of sheer ingenuity, but they never contested the policy as such. That was totally different from what the Danes did. When the Germans approached them rather cautiously about introducing the yellow badge, they were simply told that the King would be the first to wear it, and the Danish government officials were careful to point out that anti-Jewish measures of any sort would cause their own immediate resignation. It was decisive in this whole matter that the Germans did not even succeed in introducing the vitally important distinction between native Danes of Jewish origin, of whom there were about sixty-four hundred, and the fourteen hundred German Jewish refugees who had found asylum in the country prior to the war and who now had been declared stateless by the German government. This refusal must have surprised the Germans no end, since it appeared so “illogical” for a government to protect people to whom it had categorically denied naturalization and even permission to work. (Legally, the prewar situation of refugees in Denmark was not unlike that in France, except that the general corruption in the Third Republic's civil services enabled a few of them to obtain naturalization papers, through bribes or “connections,” and most refugees in France could work illegally, without a permit. But Denmark, like Switzerland, was no country pour se débrouiller.) The Danes, however, explained to the German officials that because the stateless refugees were no longer German citizens, the Nazis could not claim them without Danish assent. This was one of the few cases in which statelessness turned out to be an asset, although it was of course not statelessness per se that saved the Jews but, on the contrary, the fact that the Danish government had decided to protect them. Thus, none of the preparatory moves, so important for the bureaucracy of murder, could be carried out, and operations were postponed until the fall of 1943.

What happened then was truly amazing; compared with what took place in other European countries, everything went topsy-turvy. In August, 1943 after the German offensive in Russia had failed, the Afrika Korps had surrendered in Tunisia, and the Allies had invaded Italy the Swedish government canceled its 1940 agreement with Germany which had permitted German troops the right to pass through the country. Thereupon, the Danish workers decided that they could help a bit in hurrying things up; riots broke out in Danish shipyards, where the dock workers refused to repair German ships and then went on strike. The German military commander proclaimed a state of emergency and imposed martial law, and Himmler thought this was the right moment to tackle the Jewish question, whose “solution” was long overdue. What he did not reckon with was that—quite apart from Danish resistance the German officials who had been living in the country for years were no longer the same. Not only did General von Hannecken, the military commander, refuse to put troops at the disposal of the Reich plenipotentiary, Dr. Werner Best; the special S.S. units (Ein-satzkommandos) employed in Denmark very frequently objected to “the measures they were ordered to carry out by the central agencies”—according to Best's testimony at Nuremberg. And Best himself, an old Gestapo man and former legal adviser to Heydrich, author of a then famous book on the police, who had worked for the military government in Paris to the entire satisfaction of his superiors, could no longer be trusted, although it is doubtful that Berlin ever learned the extent of his unreliability. Still, it was clear from the beginning that things were not going well, and Eichmann's office sent one of its best men to Denmark—Rolf Günther, whom no one had ever accused of not possessing the required “ruthless toughness.” Günther made no impression on his colleagues in Copenhagen, and now von Hannecken refused even to issue a decree requiring all Jews to report for work.

Best went to Berlin and obtained a promise that all Jews from Denmark would be sent to Theresienstadt regardless of their category—a very important concession, from the Nazis' point of view. The night of October 1 was set for their seizure and immediate departure—ships were ready in the harbor— and since neither the Danes nor the Jews nor the German troops stationed in Denmark could be relied on to help, police units arrived from Germany for a door-to-door search. At the last moment, Best told them that they were not permitted to break into apartments, because the Danish police might then interfere, and they were not supposed to fight it out with the Danes. Hence they could seize only those Jews who voluntarily opened their doors. They found exactly 477 people, out of a total of more than 7,800, at home and willing to let them in. A few days before the date of doom, a German shipping agent, Georg F. Duckwitz, having probably been tipped off by Best himself, had revealed the whole plan to Danish government officials, who, in turn, had hurriedly informed the heads of the Jewish community. They, in marked contrast to Jewish leaders in other countries, had then communicated the news openly in the synagogues on the occasion of the New Year services. The Jews had just time enough to leave their apartments and go into hiding, which was very easy in Denmark, because, in the words of the judgment, “all sections of the Danish people, from the King down to simple citizens,” stood ready to receive them.

They might have remained in hiding until the end of the war if the Danes had not been blessed with Sweden as a neighbor. It seemed reasonable to ship the Jews to Sweden, and this was done with the help of the Danish fishing fleet. The cost of transportation for people without means—about a hundred dollars per person—was paid largely by wealthy Danish citizens, and that was perhaps the most astounding feat of all, since this was a time when Jews were paying for their own deportation, when the rich among them were paying fortunes for exit permits (in Holland, Slovakia, and, later, in Hungary) either by bribing the local authorities or by negotiating “legally” with the S.S., who accepted only hard currency and sold exit permits, in Holland, to the tune of five or ten thousand dollars per person. Even in places where Jews met with genuine sympathy and a sincere willingness to help, they had to pay for it, and the chances poor people had of escaping were nil.

It took the better part of October to ferry all the Jews across the five to fifteen miles of water that separates Denmark from Sweden. The Swedes received 5,919 refugees, of whom at least 1,000 were of German origin, 1,310 were half-Jews, and 686 were non-Jews married to Jews. (Almost half the Danish Jews seem to have remained in the country and survived the war in hiding.) The non-Danish Jews were better off than ever before, they all received permission to work. The few hundred Jews whom the German police had been able to arrest were shipped to Theresienstadt. They were old or poor people, who either had not received the news in time or had not been able to comprehend its meaning. In the ghetto, they enjoyed greater privileges than any other group because of the never-ending “fuss” made about them by Danish institutions and private persons. Forty-eight persons died, a figure that was not particularly high, in view of the average age of the group. When everything was over, it was the considered opinion of Eichmann that “for various reasons the action against the Jews in D whereas the curious Dr. Best declared that “the objective of the operation was not to seize a great number of Jews but to clean Denmark of Jews, and this objective has now been achieved.”

Politically and psychologically, the most interesting aspect of this incident is perhaps the role played by the German authorities in Denmark, their obvious sabotage of orders from Berlin. It is the only case we know of in which the Nazis met with open native resistance, and the result seems to have been that those exposed to it changed their minds. They themselves apparently no longer looked upon the extermination of a whole people as a matter of course. They had met resistance based on principle, and their “toughness” had melted like butter in the sun, they had even been able to show a few timid beginnings of genuine courage. That the ideal of “toughness,” except, perhaps, for a few half-demented brutes, was nothing but a myth of self-deception, concealing a ruthless desire for conformity at any price, was clearly revealed at the Nuremberg Trials, where the defendants accused and betrayed each other and asssured the world that they “had always been against it” or claimed, as Eichmann was to do, that their best qualities had been “abused” by their superiors. (In Jerusalem, he accused “those in power” of having abused his “obedience.” “The subject of a good government is lucky, the subject of a bad government is unlucky. I had no luck.”) The atmosphere had changed, and although most of them must have known that they were doomed, not a single one of them had the guts to defend the Nazi ideology. Werner Best claimed at Nuremberg that he had played a complicated double role and that it was thanks to him that the Danish officials had been warned of the impending catastrophe; documentary evidence showed, on the contrary, that he himself had proposed the Danish operation in Berlin, but he explained that this was all part of the game. He was extradited to Denmark and there condemned to death, but he appealed the sentence, with surprising results; because of “new evidence,” his sentence was commuted to five years in prison, from which he was released soon afterward. He must have been able to prove to the satisfaction of the Danish court that he really had done his best.

ITALY was Germany's only real ally in Europe, treated as an equal and respected as a sovereign independent state. The alliance presumably rested on the very highest kind of common interest, binding together two similar, if not identical, new forms of government, and it is true that Mussolini had once been greatly admired in German Nazi circles. But by the time war broke out and Italy, after some hesitation, joined in the German enterprise, this was a thing of the past. The Nazis knew well enough that they had more in common with Stalin's version of Communism than with Italian Fascism, and Mussolini on his part had neither much confidence in Germany nor much admiration for Hitler. All this, however, belonged among the secrets of the higher-ups, especially in Germany, and the deep, decisive differences between the totalitarian and the Fascist forms of government were never entirely understood by the world at large. Nowhere did they come more conspicuously into the open than in the treatment of the Jewish question.

Prior to the Badoglio coup d'état in the summer of 1943, and the German occupation of Rome and northern Italy, Eichmann and his men were not permitted to be active in the country. They were, however, confronted with the Italian way of not solving anything in the Italian-occupied areas of France, Greece, and Yugoslavia, because the persecuted Jews kept escaping into these zones, where they could be sure of temporary asylum. On levels much higher than Eichmann's, Italy's sabotage of the Final Solution had assumed serious proportions, chiefly because of Mussolini's influence on other Fascist governments in Europe —on Pétain's in France, on Horthy's in Hungary, on Antonescu's in Rumania, and even on Franco's in Spain. If Italy could get away with not murdering her Jews, German satellite countries might try to do the same. Thus, Dome Sztojai, the Hungarian Prime Minister whom the Germans had forced upon Horthy, always wanted to know, when it came to anti-Jewish measures, if the same regulations applied to Italy. Eichmann's chief, Gruppenführer Müller, wrote a long letter on the subject to the Foreign Office pointing all this out, but the gentlemen of the Foreign Office could not do much about it, because they always met the same subtly veiled resistance, the same promises and the same failures to fulfill them. The sabotage was all the more infuriating as it was carried out openly, in an almost mocking manner. The promises were given by Mussolini himself or other high-ranking officials, and if the generals simply failed to fulfill them, Mussolini would make excuses for them on the ground of their “different intellectual formation.” Only occasionally would the Nazis be met with a flat refusal, as when General Roatta declared that it was “incompatible with the honor of the Italian Army” to deliver the Jews from Italian-occupied territory in Yugoslavia to the appropriate German authorities.

It could be considerably worse when Italians seemed to be fulfilling their promises. One instance of this took place after the Allied landing in French North Africa, when all of France was occupied by the Germans except the Italian Zone in the south, where about fifty thousand Jews had found safety. Under considerable German pressure, an Italian “Commissariat for Jewish Affairs” was established, whose sole function was to register all Jews in this region and expel them from the Mediterranean coast. Twenty-two thousand Jews were indeed seized and removed to the interior of the Italian Zone, with the result, according to Reitlinger, that “a thousand Jews of the poorest class were living in the best hotels of Isère and Savoie.” Eichmann thereupon sent Alois Brunner, one of his toughest men, down to Nice and Marseilles, but by the time he arrived, the French police had destroyed all the lists of the registered Jews. In the fall of 1943, when Italy declared war on Germany, the German army could finally move into Nice, and Eichmann himself hastened to the Côte d‘Azur. There he was told— believed that between ten and fifteen thousand Jews were living in hiding in Monaco (that tiny principality, with some twenty-five thousand residents altogether, whose territory, the New York Times Magazine noted, “could fit comfortably inside Central Park”), which caused the R.S.H.A. to start a kind of research program. It sounds like a typically Italian joke. The Jews, in any event, were no longer there; they had fled to Italy proper, and those who were still hiding in the surrounding mountains found their way to Switzerland or to Spain. The same thing happened when the Italians had to abandon their zone in Yugoslavia; the Jews left with the Italian Army and found refuge in Fiume.

An element of farce had never been lacking even in Italy's most serious efforts to adjust to its powerful friend and ally. When Mussolini, under German pressure, introduced anti-Jewish legislation in the late thirties he stipulated the usual exemptions—war veterans, Jews with high decorations, and the like—but he added one more category, namely, former members of the Fascist Party, together with their parents and grandparents, their wives and children and grandchildren. I know of no statistics relating to this matter, but the result must have been that the great majority of Italian Jews were exempted. There can hardly have been a Jewish family without at least one member in the Fascist Party, for this happened at a time when Jews, like other Italians, had been flocking for almost twenty years into the Fascist movement, since positions in the Civil Service were open only to members. And the few Jews who had objected to Fascism on principle, Socialists and Communists chiefly, were no longer in the country. Even convinced Italian anti-Semites seemed unable to take the thing seriously, and Roberto Farinacci, head of the Italian anti-Semitic movement, had a Jewish secretary in his employ. To be sure, such things had happened in Germany too; Eichmann mentioned, and there is no reason not to believe him, that there were Jews even among ordinary S.S. men, but the Jewish origin of people like Heydrich, Milch, and others was a highly confidential matter, known only to a handful of people, whereas in Italy these things were done openly and, as it were, innocently. The key to the riddle was, of course, that Italy actually was one of the few countries in Europe where all anti-Jewish measures were decidedly unpopular, since, in the words of Ciano, they “raised a problem which fortunately did not exist.”

Assimilation, that much abused word, was a sober fact in Italy, which had a community of not more than fifty thousand native Jews, whose history reached back into the centuries of the Roman Empire. It was not an ideology, something one was supposed to believe in, as in all German-speaking countries, or a myth and an obvious self-deception, as notably in France. Italian Fascism, not to be outdone in “ruthless toughness,” had tried to rid the country of foreign and stateless Jews prior to the outbreak of the war. This had never been much of a success, because of the general unwillingness of the minor Italian officials to get “tough,” and when things had become a matter of life and death, they refused, under the pretext of maintaining their sovereignty, to abandon this part of their Jewish population; they put them instead into Italian camps, where they were quite safe until the Germans occupied the country. This conduct can hardly be explained by objective conditions alone— the absence of a “Jewish question”—for these foreigners naturally created a problem in Italy, as they did in every European nation-state based upon the ethnic and cultural homogeneity of its population. What in Denmark was the result of an authentically political sense, an inbred comprehension of the requirements and responsibilities of citizenship and independence—“for the Danes… the Jewish question was a political and not a humanitarian question” (Leni Yahil)— was in Italy the outcome of the almost automatic general humanity of an old and civilized people.

Italian humanity, moreover, withstood the test of the terror that descended upon the people during the last year and a half of the war. In December, 1943, the German Foreign Office addressed a formal request for help to Eichmann's boss, Müller: “In view of the lack of zeal shown over the last months by Italian officials in the implementation of anti-Jewish measures recommended by the Duce, we of the Foreign Office deem it urgent and necessary that the implementation… be supervised by German officials.” Whereupon famous Jew-killers from Poland, such as Odilo Globocnik from the death camps in the Lublin area, were dispatched to Italy; even the head of the military administration was not an Army man but a former governor of Polish Galicia, Gruppenführer Otto Wachter. This put an end to practical jokes. Eichmann's office sent out a circular advising its branches that “Jews of Italian nationality” would at once become subject to “the necessary measures,” and the first blow was to fall upon eight thousand Jews in Rome, who were to be arrested by German police regiments, since the Italian police were not reliable. They were warned in time, frequently by old Fascists, and seven thousand escaped. The Germans, yielding, as usual, when they met resistance, now agreed that Italian Jews, even if they did not belong to exempted categories, should not be subject to deportation but should merely be concentrated in Italian camps; this “solution” should be “final” enough for Italy. Approximately thirty-five thousand Jews in northern Italy were caught and put into concentration camps near the Austrian border. In the spring of 1944, when the Red Army had occupied Rumania and the Allies were about to enter Rome, the Germans broke their promise and began shipping Jews from Italy to Auschwitz—about seventy-five hundred people, of whom no more than six hundred returned. Still, this came to considerably less than ten per cent of all Jews then living in Italy.

XI: Deportations from the Balkans—Yugoslavia, Bulgaria, Greece, Rumania

To those who followed the case for the prosecution and read the judgment, which reorganized its confused and confusing “general picture,” it came as a surprise that the line sharply distinguishing the Nazi-controlled territories to the east and southeast from the system of nation-states in Central and Western Europe was never mentioned. The belt of mixed population that stretches from the Baltic Sea in the north to the Adriatic in the south, the whole area most of which today lies behind the Iron Curtain, then consisted of the so-called Successor States, established by the victorious powers after the First World War. A new political order was granted to the numerous ethnic groups that had lived for centuries under the domination of empires—the Russian Empire in the north, the Austro-Hungarian Empire in the south, and the Turkish Empire in the southeast. Of the nation-states that resulted, none possessed anything even approaching the ethnic homogeneity of the old European nations that had served as models for their political constitutions. The result was that each of these countries contained large ethnic groups that were violently hostile to the ruling government because their own national aspirations had been frustrated in favor of their only slightly more numerous neighbors. If any proof of the political instability of these recently founded states had been needed, the case of Czechoslovakia amply provided it. When Hitler marched into Prague, in March, 1939, he was enthusiastically welcomed not only by the Sudetendeutschen, the German minority, but also by the Slovaks, whom he “liberated” by offering them an “independent” state. Exactly the same thing happened later in Yugoslavia, where the Serbian majority, the former rulers of the country, was treated as the enemy, and the Croatian minority was given its own national government. Moreoever, because the populations in these regions fluctuated, there existed no natural or historical boundaries, and those that had been established by the Treaties of Trianon and St. Germain were quite arbitrary. Hence, Hungary, Rumania, and Bulgaria could be won as Axis partners by generous enlargements of their territories, and the Jews in these newly annexed areas were always denied the status of nationals; they automatically became stateless and therefore suffered the same fate as the refugees in Western Europe—they were invariably the first to be deported and liquidated.

What also came crashing down during these years was the elaborate system of minority treaties whereby the Allies had vainly hoped to solve a problem that, within the political framework of the nation-state, is insoluble. The Jews were an officially recognized minority in all Successor States, and this status had not been forced upon them but had been the outcome of claims entered and negotiations conducted by their own delegates to the Versailles Peace Conference. This had marked an important turning point in Jewish history, because it was the first time that Western, or assimilated, Jews had not been recognized as the spokesmen for the whole Jewish people. To the surprise, and also sometimes to the dismay, of the Western-educated Jewish “notables” it had turned out that the large majority of the people desired some sort of social and cultural, though not political, autonomy. Legally, the status of the Eastern European Jews was just like that of any other minority, but politically—and this was to be decisive—they were the only ethnic group in the region without a “homeland,” that is, without a territory in which they formed the majority of the population. Still, they did not live in the same kind of dispersion as their brethren in Western and Central Europe, and whereas there, prior to Hitler, it had been a sign of anti-Semitism to call a Jew a Jew, Eastern European Jews were recognized by friend and foe alike as a distinct people. This was of great consequence for the status of those Jews in the East who were assimilated, making it utterly different from that in the West, where assimilation in one form or another had been the rule. The great body of middle-class Jews, so characteristic of Western and Central Europe, did not exist in the East; in its stead we find a thin layer of upper-middle-class families who actually belonged to the ruling classes and the degree of whose assimilation—through money, through baptism, through intermarriage—to Gentile society was infinitely greater than that of most Jews in the West.

Among the first countries in which the executors of the Final Solution were confronted with these conditions was the puppet state of CROATIA, in Yugoslavia, whose capital was Zagreb. The Croat government, headed by Dr. Ante Pavelic, very obligingly introduced anti-Jewish legislation three weeks after its establishment, and when asked what was to be done with the few dozen Croat Jews in Germany, it sent word that they “would appreciate deportation to the East.” The Reich Minister of the Interior demanded that the country be judenrein by February, 1942, and Eichmann sent Hauptsturmführer Franz Abromeit to work with the German police attaché in Zagreb. The deportations were carried out by the Croats themselves, notably by members of the strong Fascist movement, the Ustashe, and the Croats paid the Nazis thirty marks for each Jew deported. In exchange, they received all the property of the deportees. This was in accordance with the Germans' official “territorial principle,” all European countries, whereby the state inherited the property of every murdered Jew who had resided within its boundaries, regardless of his nationality. (The Nazis did not by any means always respect the “territorial principle”; there were many ways to get around it if it seemed worth the trouble. German businessmen could buy directly from the Jews before they were deported, and the Einsatzstab Rosenberg, initially empowered to confiscate all Hebraica and Judaica for German anti-Semitic research centers, soon enlarged its activities to include valuable furnishings and art works.) The original deadline of February, 1942, could not be met, because Jews were able to escape from Croatia to Italian-occupied territory, but after the Badoglio coup Hermann Krumey, another of Eichmann's men, arrived in Zagreb, and by the fall of 1943 thirty thousand Jews had been deported to the killing centers.

Only then did the Germans realize that the country was still not judenrein. In the initial anti-Jewish legislation, they had noted a curious paragraph that transformed into “honorary Aryans” all Jews who made contributions to “the Croat cause.” The number of these Jews had of course greatly increased during the intervening years. The very rich, in other words, who parted voluntarily with their property were exempted. Even more interesting was the fact that the S.S. Intelligence service (under Sturmbannfühhrer Wilhelm Höttl, who was first called as a defense witness in Jerusalem, but whose affidavit was then used by the prosecution) had discovered that nearly all members of the ruling clique in Croatia, from the head of the government to the leader of the Ustashe, were married to Jewish women. The fifteen hundred survivors among the Jews in this area five per cent, according to a Yugoslav government report—were clearly all members of this highly assimilated, and extraordinarily rich, Jewish group. And since the percentage of assimilated Jews among the masses in the East has often been estimated at about five per cent, it is tempting to conclude that assimilation in the East, when it was at all possible, offered a much better chance for survival than it did in the rest of Europe.

Matters were very different in the adjoining territory of SERBIA, where the German occupation army, almost from its first day there, had to contend with a kind of partisan warfare that can be compared only with what went on in Russia behind the front. I mentioned earlier the single incident that connected Eichmann with the liquidation of Jews in Serbia. The judgment admitted that “the ordinary lines of command in dealing with the Jews of Serbia did not become quite clear to us,” and the explanation is that Eichmann's office was not involved at all in that area because no Jews were deported. The “problem” was all taken care of on the spot. On the pretext of executing hostages taken in partisan warfare, the Army killed the male Jewish population by shooting; women and children were handed over to the commander of the Security Police, a certain Dr. Emanuel Schäer, a special protégé of Heydrich, who killed them in gas vans. In August, 1942, Staatsrat Harald Turner, head of the civilian branch of the military government, reported proudly that Serbia was “the only country in which the problems of both Jews and Gypsies were solved,” and returned the gas vans to Berli. An estimated five thousand Jews joined the partisans, and this was the only avenue of escape.

Schäfer had to stand trial in a German criminal court after the war. For the gassing of 6,280 women and children, he was sentenced to six years and six months in prison. The military governor of the region, General Franz Böhme, committed suicide, but Staatsrat Turner was handed over to the Yugoslav government and condemned to death. It is the same story repeated over and over again: those who escaped the Nuremberg Trials and were not extradited to the countries where they had committed their crimes either were never brought to justice, or found in the German courts the greatest possible “understanding.” One is unhappily reminded of the Weimar Republic, whose specialty it was to condone political murder if the killer belonged to one of the violently anti-republican groups of the Right.

BULGARIA had more cause than any other of the Balkan countries to be grateful to Nazi Germany, because of the considerable territorial aggrandizement she received at the expense of Rumania, Yugoslavia, and Greece. And yet Bulgaria was not grateful, neither her government nor her people were soft enough to make a policy of “ruthless toughness” workable. This showed not only on the Jewish question. The Bulgarian monarchy had no reason to be worried about the native Fascist movement, the Ratnizi, because it was numerically small and politically without influence, and the Parliament remained a highly respected body, which worked smoothly with the King. Hence, they dared refuse to declare war on Russia and never even sent a token expeditionary force of “volunteers” to the Eastern front. But most surprising of all, in the belt of mixed populations where anti-Semitism was rampant among all ethnic groups and had become official governmental policy long before Hitler's arrival, the Bulgarians had no “understanding of the Jewish problem” whatever. It is true that the Bulgarian Army had agreed to have all the Jews—they numbered about fifteen thousand—deported from the newly annexed territories, which were under military government and whose population was anti-Semitic; but it is doubtful that they knew what “resettlement in the East” actually signified. Somewhat earlier, in January, 1941, the government had also agreed to introduce some anti-Jewish legislation, but that, from the Nazi viewpoint, was simply ridiculous: some six thousand able-bodied men were mobilized for work; all baptized Jews, regardless of the date of their conversion, were exempted, with the result that an epidemic of conversions broke out; five thousand more Jews—out of a total of approximately fifty thousand—received special privileges; and for Jewish physicians and businessmen a numerus clausus was introduced that was rather high, since it was based on the percentage of Jews in the cities, rather than in the country at large. When these measures had been put into effect, Bulgarian government officials declared publicly that things were now stabilized to everybody's satisfaction. Clearly, the Nazis would not only have to enlighten them about the requirements for a “solution of the Jewish problem,” but also to teach them that legal stability and a totalitarian movement could not be reconciled.

The German authorities must have had some suspicion of the difficulties that lay ahead. In January, 1942, Eichmann wrote a letter to the Foreign Office in which he declared that “sufficient possibilities exist for the reception of Jews from Bulgaria”; he proposed that the Bulgarian government be approached, and assured the Foreign Office that the police attaché in Sofia would “take care of the technical implementation of the deportation.” (This police attaché seems not to have been very enthusiastic about his work either, for shortly thereafter Eichmann sent one of his own men, Theodor Dannecker, from Paris to Sofia as “adviser.”) It is quite interesting to note that this letter ran directly contrary to the notification Eichmann had sent to Serbia only a few months earlier, stating that no facilities for the reception of Jews were yet available and that even Jews from the Reich could not be deported. The high priority given to the task of making Bulgaria judenrein can be explained only by Berlin's having received accurate information that great speed was necessary then in order to achieve anything at all. Well, the Bulgarians were approached by the German embassy, but not until about six months later did they take the first step in the direction of “radical” measures—the introduction of the Jewish badge. For the Nazis, even this turned out to be a great disappointment. In the first place, as they dutifully reported, the badge was only a “very little star”; second, most Jews simply did not wear it; and, third, those who did wear it received “so many manifestations of sympathy from the misled population that they actually are proud of their sign”—as Walter Schellenberg, Chief of Counterintelligence in the R.S.H.A., wrote in an S.D. report transmitted to the Foreign Office in November, 1942. Whereupon the Bulgarian government revoked the decree. Under great German pressure, the Bulgarian government finally decided to expel all Jews from Sofia to rural areas, but this measure was definitely not what the Germans demanded, since it dispersed the Jews instead of concentrating them.

This expulsion actually marked an important turning point in the whole situation, because the population of Sofia tried to stop Jews from going to the railroad station and subsequently demonstrated before the King's palace. The Germans were under the illusion that King Boris was primarily responsible for keeping Bulgaria's Jews safe, and it is reasonably certain that German Intelligence agents murdered him. But neither the death of the monarch nor the arrival of Dannecker, early in 1943, changed the situation in the slightest, because both Parliament and the population remained clearly on the side of the Jews. Dannecker succeeded in arriving at an agreement with the Bulgarian Commissar for Jewish Affairs to deport six thousand “leading Jews” to Treblinka, but none of these Jews ever left the country. The agreement itself is noteworthy because it shows that the Nazis had no hope of enlisting the Jewish leadership for their own purposes. The Chief Rabbi of Sofia was unavailable, having been hidden by Metropolitan Stephan of Sofia, who had declared publicly that “God had determined the Jewish fate, and men had no right to torture Jews, and to persecute them” (Hilberg)—which was considerably more than the Vatican had ever done. Finally, the same thing happened in Bulgaria as was to happen in Denmark a few months later—the local German officials became unsure of themselves and were no longer reliable. This was true of both the police attaché, a member of the S.S., who was supposed to round up and arrest the Jews, and the German Ambassador in Sofia, Adolf Beckerle, who in June, 1943, had advised the Foreign Office that the situation was hopeless, because “the Bulgarians had lived for too long with peoples like Armenians, Greeks, and Gypsies to appreciate the Jewish problem”—which, of course, was sheer nonsense, since the same could be said mutatis mutandis for all countries of Eastern and Southeastern Europe. It was Beckerle too who informed the R.S.H.A., in a clearly irritated tone, that nothing more could be done. And the result was that not a single Bulgarian Jew had been deported or had died an unnatural death when, in August, 1944, with the approach of the Red Army, the anti-Jewish laws were revoked

I know of no attempt to explain the conduct of the Bulgarian people, which is unique in the belt of mixed populations. But one is reminded of Georgi Dimitrov, a Bulgarian Communist who happened to be in Germany when the Nazis came to power, and whom they chose to accuse of the Reichstagsbrand, the mysterious fire in the Berlin Parliament of February 27, 1933. He was tried by the German Supreme Court and confronted with Goring, whom he questioned as though he were in charge of the proceedings; and it was thanks to him that all those accused, except van der Lubbe, had to be acquitted. His conduct was such that it won him the admiration of the whole world, Germany not excluded. “There is one man left in Germany,” people used to say, “and he is a Bulgarian.”

GREECE, being occupied in the north by the Germans and in the south by the Italians, offered no special problems and could therefore be left waiting her turn to become judenrein. In February, 1943, two of Eichmann's specialists, Hauptsturmführers Dieter Wisliceny and Alois Brunner, arrived to prepare everything for the deportation of the Jews from Salonika, where two-thirds of Greek Jewry, approximately fifty-five thousand people, were concentrated. This was according to plan “within the framework of the Final Solution of the Jewish problem in Europe,” as their letter of appointment from IV-B-4 had it. Working closely with a certain Kriegsverwaltungsrat Dr. Max Merten, who represented the military government of the region, they immediately set up the usual Jewish Council, with Chief Rabbi Koretz at its head. Wisliceny, who headed the Sonderkommando für Judenan-gelegenheiten in Salonika, introduced the yellow badge, and promptly made it known that no exemptions would be tolerated. Dr. Merten moved the whole Jewish population into a ghetto, from which they could easily be removed, since it was near the railroad station. The only privileged categories were Jews with foreign passports and, as usual, the personnel of the Judenrat— not more than a few hundred persons all told, who were eventually shipped to the exchange camp of Bergen-Belsen. There was no avenue of escape except flight to the south, where the Italians, as elsewhere, refused to hand Jews over to the Germans, and the safety in the Italian Zone was short-lived. The Greek population was indifferent at best, and even some of the partisan groups looked upon the operations “with approval.” Within two months, the whole community had been deported, trains for Auschwitz leaving almost daily, carrying from two thousand to twenty-five hundred Jews each, in freight cars. In the fall of the same year, when the Italian Army had collapsed, evacuation of some thirteen thousand Jews from the southern part of Greece, including Athens and the Greek islands, was swiftly completed.

In Auschwitz, many Greek Jews were employed in the so-called death commandos, which operated the gas chambers and the crematoria, and they were still alive in 1944, when the Hungarian Jews were exterminated and the Lódz ghetto was liquidated. At the end of that summer, when rumor had it that the gassing would soon be terminated and the installations dismantled, one of the very few revolts in any of the camps broke out; the death commandos were certain that now they, too, would be killed. The revolt was a complete disaster—only one survivor remained to tell the story.

It would seem that the indifference of the Greeks to the fate of their Jews has somehow survived their liberation. Dr. Merten, a witness for the defense in Eichmann's trial, today, somewhat inonsistently, claims both to have known nothing and to have saved the Jews from the fate of which he was ignorant. He quietly returned to Greece after the war as a representative of a travel agency; he was arrested, but was soon released and allowed to return to Germany. His case is perhaps unique, since trials for war crimes in countries other than Germany have always resulted in severe punishment. And his testimony for the defense, which he gave in Berlin in the presence of representatives of both the defense and the prosecution, was certainly unique. He claimed that Eichmann had been very helpful in an attempt to save some twenty thousand women and children in Salonika, and that all the evil had come from Wisliceny. However, he eventually stated that before testifying he had been approached by Eichmann's brother, a lawyer in Linz, and by a German organization of former members of the S.S. Eichmann himself denied everything—he had never been in Salonika, and he had never seen the helpful Dr. Merten.

Eichmann claimed more than once that his organizational gifts, the coordination of evacuations and deportations achieved by his office, had in fact helped his victims; it had made their fate easier. If this thing had to be done at all, he argued, it was better that it be done in good order. During the trial no one, not even counsel for the defense, paid any attention to this claim, which was obviously in the same category as his foolish and stubborn contention that he had saved the lives of hundreds of thousands of Jews through “forced emigration.” And yet, in the light of what took place in RUMANIA, one begins to wonder. Here, too, everything was topsy-turvy, but not as in Denmark, where even the men of the Gestapo began sabotaging orders from Berlin; in Rumania even the S.S. were taken aback, and occasionally frightened, by the horrors of old-fashioned, spontaneous pogroms on a gigantic scale; they often intervened to save Jews from sheer butchery, so that the killing could be done in what, according to them, was a civilized way.

It is hardly an exaggeration to say that Rumania was the most anti-Semitic country in prewar Europe. Even in the nineteenth century, Rumanian anti-Semitism was a well-established fact; in 1878, the great powers had tried to intervene, through the Treaty of Berlin, and to get the Rumanian government to recognize its Jewish inhabitants as Rumanian nationals—though they would have remained second-class citizens. They did not succeed, and at the end of the First World War all Rumanian Jews—with the exception of a few hundred Sephardic families and some Jews of German origin—were still resident aliens. It took the whole might of the Allies, during the peace-treaty negotiations, to “persuade” the Rumanian government to accept a minority treaty and to grant the Jewish minority citizenship. This concession to world opinion was withdrawn in 1937 and 1938, when, trusting in the power of Hitler Germany, the Rumanians felt they could risk denouncing the minority treaties as an imposition upon their ‘sovereignty,’ and could deprive several hundred thousand Jews, roughly a quarter of the total Jewish population, of their citizenship. Two years later, in August, 1940, some months prior to Rumania's entry into the war on the side of Hitler Germany, Marshal Ion Antonescu, head of the new Iron Guard dictatorship, declared all Rumanian Jews to be stateless, with the exception of the few hundred families who had been Rumanian citizens before the peace treaties. That same month, he also instituted anti-Jewish legislation that was the severest in Europe, Germany not excluded. The privileged categories, war veterans and Jews who had been Rumanians prior to 1918, comprised no more than ten thousand people, hardly more than one per cent of the whole group. Hitler himself was aware that Germany was in danger of being outdone by Rumania, and he complained to Goebbels in August, 1941, a few weeks after he had given the order for the Final Solution, that “a man like Antonescu proceeds in these matters in a far more radical fashion than we have done up to the present.”

Rumania entered the war in February, 1941, and the Rumanian Legion became a military force to be reckoned with in the coming invasion of Russia. In Odessa alone, Rumanian soldiers were responsible for the massacre of sixty thousand people. In contrast to the governments of other Balkan countries, the Rumanian government had very exact information from the very beginning about the massacres of Jews in the East, and Rumanian soldiers, even after the Iron Guard had been ousted from the government, in the summer of 1941, embarked upon a program of massacres and deportations that even “dwarfed the Bucharest outburst of the Iron Guard” in January of the same year—a program that for sheer horror is unparalleled in the whole atrocity-stricken record (Hilberg). Deportation Rumanian style consisted in herding five thousand people into freight cars and letting them die there of suffocation while the train traveled through the countryside without plan or aim for days on end; a favorite follow-up to these killing operations was to expose the corpses in Jewish butcher shops. Also, the horrors of Rumanian concentration camps, which were established and run by the Rumanians themselves because deportation to the East was not feasible, were more elaborate and more atrocious than anything we know of in Germany. When Eichmann sent the customary adviser on Jewish affairs, Hauptsturmführer Gustav Richter, to Bucharest, Richter reported that Antonescu now wished to ship a hundred and ten thousand Jews into “two forests across the river Bug,” that is, into German-held Russian territory, for liquidation. The Germans were horrified, and everybody intervened: the Army commanders, Rosenberg's Ministry for Occupied Eastern Territories, the Foreign Office in Berlin, the Minister to Bucharest, Freiherr Manfred von Killinger—the last, a former high S.A. officer, a personal friend of Röhm's and therefore suspect in the eyes of the S.S., was probably spied upon by Richter, who “advised” him on Jewish affairs. On this matter, however, they were all in agreement. Eichmann himself implored the Foreign Office, in a letter dated April, 1942, to stop these unorganized and premature Rumanian efforts “to get rid of the Jews” at this stage; the Rumanians must be made to understand that “the evacuation of German Jews, which is already in full swing,” had priority, and he concluded by threatening to “bring the Security Police into action.”

However reluctant the Germans were to give Rumania a higher priority in the Final Solution that had originally been planned for any Balkan country, they had to come around if they did not want the situation to deteriorate into bloody chaos, and, much as Eichmann may have enjoyed his threat to use the Security Police, the saving of Jews was not exactly what they had been trained for. Hence, in the middle of August—by which time the Rumanians had killed close to three hundred thousand of their Jews mostly without any German help—the Foreign Office concluded an agreement with Antonescu “for the evacuation of Jews from Rumania, to be carried out by German units,” and Eichmann began negotiations with the German railroads for enough cars to transport two hundred thousand Jews to the Lublin death camps. But now, when everything was ready and these great concessions had been granted, the Rumanians suddenly did an about-face. Like a bolt from the blue, a letter arrived in Berlin from the trusted Mr. Richter—Marshal Antonescu had changed his mind; as Ambassador Killinger reported, the Marshal now wanted to get rid of Jews “in a comfortable manner.” What the Germans had not taken into account was that this was not only a country with an inordinately high percentage of plain murderers, but that Rumania was also the most corrupt country in the Balkans. Side by side with the massacres, there had sprung up a flourishing business in exemption sales, in which every branch of the bureaucracy, national or municipal, had happily engaged. The government's own specialty was huge taxes, which were levied haphazardly upon certain groups or whole communities of Jews. Now it had discovered that one could sell Jews abroad for hard currency, so the Rumanians became the most fervent adherents of Jewish emigration—at thirteen hundred dollars a head. This is how Rumania came to be one of the few outlets for Jewish emigration to Palestine during the war. And as the Red Army drew nearer, Antonescu became even more “moderate, he now was willing to let Jews go without any compensation.

It is a curious fact that Antonescu, from beginning to end, was not more “radical” than the Nazis (as Hitler thought), but simply always a step ahead of German developments. He had been the first to deprive all Jews of nationality, and he had started large-scale massacres openly and unashamedly at a time when the Nazis were still busy trying out their first experiments. He had hit upon the sales idea more than a year before Himmler offered “blood for trucks,” and he ended, as Himmler finally did, by calling the whole thing off as though it had been a joke. In August, 1944, Rumania surrendered to the Red Army, and Eichmann, specialist in evacuation, was sent pell-mell to the area in order to save some “ethnic Germans,” without success. About half of Rumania's eight hundred and fifty thousand Jews survived, a great number of whom—several hundred thousand —found their way to Israel. Nobody knows how many Jews are left in the country today. The Rumanian murderers were all duly executed, and Killinger committed suicide before the Russians could lay their hands on him; only Hauptsturmführer a.D. Richter, who, it is true, had never had a chance to get into the act, lived peacefully in Germany until 1961, when he became a belated victim of the Eichmann trial.

XII: Deportations from Central Europe—Hungary and Slovakia

HUNGARY, mentioned earlier in connection with the troublesome question of Eichmann's conscience, was constitutionally a kingdom without a king. The country, though without access to the sea and possessing neither navy nor merchant fleet, was ruled— or, rather, held in trust for the nonexistent king—by an admiral, Regent or Reichsverweser Nikolaus von Horthy. The only visible sign of royalty was an abundance of Hofräte, councilors to the nonexistent court. Once upon a time, the Holy Roman Emperor had been King of Hungary, and more recently, after 1806, the kaiserlichkönigliche Monarchie on the Danube had been precariously held together by the Hapsburgs, who were emperors (Kaiser) of Austria and kings of Hungary. In 1918, the Hapsburg Empire had been dissolved into Successor States, and Austria was now a republic, hoping for Anschluss, for union with Germany. Otto von Hapsburg was in exile, and he would never have been accepted as King of Hungary by the fiercely nationalistic Magyars; an authentically Hungarian royalty, on the other hand, did not even exist as a historical memory. So what Hungary was, in terms of recognized forms of government, only Admiral Horthy knew.

Behind the delusions of royal grandeur was an inherited feudal structure, with greater misery among the landless peasants and greater luxury among the few aristocratic families who literally owned the country than anywhere else in these poverty-stricken territories, the homeland of Europe's stepchildren. It was this background of unsolved social questions and general backwardness that gave Budapest society its specific flavor, as though Hungarians were a group of illusionists who had fed so long on self-deception that they had lost any sense of incongruity. Early in the thirties, under the influence of Italian Fascism, they had produced a strong Fascist movement, the so-called Arrow Cross men, and in 1938 they followed Italy by passing their first anti-Jewish legislation; despite the strong influence of the Catholic Church in the country, the rulings applied to baptized Jews who had been converted after 1919, and even those converted before that date were included three years later. And yet, when an all-inclusive anti-Semitism, based on race, had become official government policy, eleven Jews continued to sit in the upper chamber of the Parliament, and Hungary was the only Axis country to send Jewish troops—a hundred and thirty thousand of them, in auxiliary service, but in Hungarian uniform—to the Eastern front. The explanation of these inconsistencies is that the Hungarians, their official policy notwithstanding, were even more emphatic than other countries in distinguishing between native Jews and Ostjuden, between the “Magyarized” Jews of “Trianon Hungary” (established, like the other Successor States, by the Treaty of Trianon) and those of recently annexed territories. Hungary's sovereignty was respected by the Nazi government until March, 1944, with the result that for Jews the country became an island of safety in “an ocean of destruction.” While it is understandable enough that—with the Red Army approaching through the Carpathian Mountains and the Hungarian government desperately trying to follow the example of Italy and conclude a separate armistice—the German government should have decided to occupy the country, it is almost incredible that at this stage of the game it should still have been “the order of the day to come to grips with the Jewish problem,” the “liquidation” of which was “a prerequisite for involving Hungary in the war,” as Veesenmayer put it in a report to the Foreign Office in December, 1943. For the “liquidation” of this “problem” involved the evacuation of eight hundred thousand Jews, plus an estimated hundred or hundred and fifty thousand converted Jews.

Be that as it may, as I have said earlier, because of the greatness and the urgency of the task Eichmann arrived in Budapest in March, 1944, with his whole staff, which he could easily assemble, since the job had been finished everywhere else. He called Wisliceny and Brunner from Slovakia and Greece, Abromeit from Yugoslavia, Dannecker from Paris and Bulgaria, Siegfried Seidl from his post as Commander of Theresienstadt, and, from Vienna, Hermann Krumey, who became his deputy in Hungary. From Berlin, he brought all the more important members of his office staff: Rolf Günther, who had been his chief deputy; Franz Novak, his deportation officer; and Otto Hunsche, his legal expert. Thus, the Sondereinsatzkommando Eichmann (Eichmann Special Operation Unit) consisted of about ten men, plus some clerical assistants, when it set up its head-quarters in Budapest. On the very evening of their arrival, Eichmann and his men invited the Jewish leaders to a conference, to persuade them to form a Jewish Council, through which they could issue their orders and to which they would give, in return, absolute jurisdiction over all Jews in Hungary. This was no easy trick at this moment and in that place. It was a time when, in the words of the Papal Nuncio, “the whole world knew what deportation meant in practice”; in Budapest, moreover, the Jews had “had a unique opportunity to follow the fate of European Jewry. We knew very well about the work of the Einsatzgruppen. We knew more than was necessary about Auschwitz,” as Dr. Kastner was to testify at Nuremberg. Clearly, more than Eichmann's allegedly “hypnotic powers” was needed to convince anyone that the Nazis would recognize the sacred distinction between “Magyarized” and Eastern Jews; self-deception had to have been developed to a high art to allow Hungarian Jewish leaders to believe at this moment that “it can't happen here” —“How can they send the Jews of Hungary outside Hungary?”—and to keep believing it even when the realities contradicted this belief every day of the week. How this was achieved came to light in one of the most remarkable non sequiturs uttered on the witness stand: the future members of the Central Jewish Committee (as the Jewish Council was called in Hungary) had heard from neighboring Slovakia that Wisliceny, who was now negotiating with them, accepted money readily, and they also knew that despite all bribes he “had deported all the Jews in Slovakia….” From which Mr. Freudiger concluded: “I understood that it was necessary to find ways and means to establish relationships with Wisliceny.”

Eichmann's cleverest trick in these difficult negotiations was to see to it that he and his men acted as though they were corrupt. The president of the Jewish community, Hofrat Samuel Stern, a member of Horthy's Privy Council, was treated with exquisite courtesy and agreed to be head of the Jewish Council. He and the other members of the Council felt reassured when they were asked to supply typewriters and mirrors, women's lingerie and eau de cologne, original Watteaus and eight pianos—even though seven of these were gracefully returned by Hauptsturmführer Novak, who remarked, “But, gentlemen, I don't want to open a piano store. I only want to play the piano.” Eichmann himself visited the Jewish Library and the Jewish Museum, and assured everybody that all measures would be temporary. And corruption, first simulated as a trick, soon turned out to be real enough, though it did not take the form the Jews had hoped. Nowhere else did Jews spend so much money without any results whatever. In the words of the strange Mr. Kastner, “A Jew who trembles for his life and that of his family loses all sense of money.” (Sic!) This was confirmed during the trial through testimony given by Philip von Freudiger, mentioned above, as well as through the testimony of Joel Brand, who had represented a rival Jewish body in Hungary, the Zionist Relief and Rescue Committee. Krumey received no less than two hundred and fifty thousand dollars from Freudiger in April, 1944, and the Rescue Committee paid twenty thousand dollars merely for the privilege of meeting with Wisliceny and some men of the S.S. Counterin service. At this meeting, each of those present received an additional tip of a thousand dollars, and Wisliceny brought up again the so-called Europe Plan, which he had proposed in vain in 1942 and according to which Himmler supposedly would be prepared to spare all Jews except those in Poland for a ransom of two or three million dollars. On the strength of this proposal, which had been shelved long before, the Jews now started paying installments to Wisliceny. Even Eichmann's “idealism” broke down in this land of unheard-of abundance. The prosecution, though it could not prove that Eichmann had profited financially while on the job, stressed rightly his high standard of living in Budapest, where he could afford to stay at one of the best hotels, was driven around by a chauffeur in an amphibious car, an unforgettable gift from his later enemy Kurt Becher, went hunting and horseback riding, and enjoyed all sorts of previously unknown luxuries under the tutelage of his new friends in the Hungarian government.

There existed, however, a sizable group of Jews in the country whose leaders, at least, indulged less in self-deception. The Zionist movement had always been particularly strong in Hungary, and it now had its own representation in the recently formed Relief and Rescue Committee (the Vaadat Ezra va Hazalah), which, maintaining close contact with the Palestine Office, had helped refugees from Poland and Slovakia, from Yugoslavia and Rumania; the committee was in constant communication with the American Joint Distribution Committee, which financed their work, and they had also been able to get a few Jews into Palestine, legally or illegally. Now that catastrophe had come to their own country, they turned to forging “Christian papers,” certificates of baptism, whose bearers found it easier to go underground. Whatever else they might have been, the Zionist leaders knew they were outlaws, and they acted accordingly. Joel Brand, the unlucky emissary who was to present to the Allies, in the midst of the war, Himmler's proposal to give them a million Jewish lives in exchange for ten thousand trucks, was one of the leading officials of the Relief and Rescue Committee, and he came to Jerusalem to testify about his dealings with Eichmann, as did his former rival in Hungary, Philip von Freudiger. While Freudiger, whom Eichmann, incidentally, did not remember at all, recalled the rudeness with which he had been treated at these interviews, Brand's testimony actually substantiated much of Eichmann's own account of how he had negotiated with the Zionists. Brand had been told that “an idealistic German” was now talking to him, “an idealistic Jew”—two honorable enemies meeting as equals during a lull in the battle. Eichmann had said to him: “Tomorrow perhaps we shall again be on the battlefield.” It was, of course, a horrible comedy, but it did go to show that Eichmann's weakness for uplifting phrases with no real meaning was not a pose fabricated expressly for the Jerusalem trial. What is more interesting, one cannot fail to note that in meeting with the Zionists neither Eichmann nor any other member of the Sondereinsatzkommando employed the tactics of sheer lying that they had used for the benefit of the gentlemen of the Jewish Council. Even “language rules” were suspended, and most of the time a spade was called a spade. Moreoever, when it was a question of serious negotiations— over the amount of money that might buy an exit permit, over the Europe Plan, over the exchange of lives for trucks—not only Eichmann but everybody concerned: Wisliceny, Becher, the gentlemen of the Counterintelligence service whom Joel Brand used to meet every morning in a coffee house, turned to the Zionists as a matter of course. The reason for this was that the Relief and Rescue Committee possessed the required international connections and could more easily produce foreign currency, whereas the members of the Jewish Council had nothing behind them but the more than dubious protection of Regent Horthy. It also became clear that the Zionist functionaries in Hungary had received greater privileges than the usual temporary immunity to arrest and deportation granted the members of the Jewish Council. The Zionists were free to come and go practically as they pleased, they were exempt from wearing the yellow star, they received permits to visit concentration camps in Hungary, and, somewhat later, Dr. Kastner, the original founder of the Relief and Rescue Committee, could even travel about Nazi Germany without any identification papers showing he was a Jew.

The organization of a Jewish Council was for Eichmann, with all his experience in Vienna, Prague, and Berlin, a routine matter that took no more than two weeks. The question now was whether he himself would be able to enlist the help of Hungarian officials for an operation of this magnitude. For him this was something new. In the ordinary course of events, it would have been handled for him by the Foreign Office and its representatives, in this instance, by the newly appointed Reich plenipotentiary, Dr. Edmund Veesenmayer, to whom Eichmann would have sent a “Jewish adviser.” Eichmann himself clearly had no inclination for playing the role of adviser, a post that had nowhere carried a rank higher than Hauptsturmführer, or captain, whereas he was an Obersturmbannführer, or lieutenant colonel, two ranks higher. His greatest triumph in Hungary was that he could establish his own contacts. Three men were primarily concerned—Lászlo Endre, who because of an anti-Semitism that even Horthy had called “insane” had recently been appointed State Secretary in Charge of Political (Jewish) Affairs in the Ministry of the Interior; Lászlo Baky, also an undersecretary in the Ministry of the Interior, who was in charge of the Gendarmerie, the Hungarian police; and the police officer Lieutenant Colonel Ferenczy, who was directly in charge of deportations. With their help, Eichmann could be sure that everything, the issuance of the necessary decrees and the concentration of the Jews in the provinces, would proceed with “lightning speed.” In Vienna, a special conference was held with the German State Railroad officials, since this matter involved the transportation of nearly half a million people. Höss, at Auschwitz, was informed of the plans through his own superior, General Richard Glücks of the W.V.H.A., and ordered a new branch line of the railway built, to bring the cars within a few yards of the crematoria; the number of death commandos manning the gas chambers was increased from 224 to 860, so that everything was ready for killing between six thousand and twelve thousand people a day. When the trains began arriving, in May, 1944, very few “able-bodied men” were selected for labor, and these few worked in Krupp's fuse factory at Auschwitz. (Krupp's newly built factory near Breslau, in Germany, the Berthawerk, collected Jewish manpower wherever it could find it and kept those men in conditions that were unsurpassed even among the labor gangs in the death camps.)

The whole operation in Hungary lasted less than two months and came to a sudden stop at the beginning of July. Thanks chiefly to the Zionists, it had been better publicized than any other phase of the Jewish catastrophe, and Horthy had been deluged with protests from neutral countries and from the Vatican. The Papal Nuncio, though, deemed it appropriate to explain that the Vatican's protest did not spring “from a false sense of compassion”—a phrase that is likely to be a lasting monument to what the continued dealings with, and the desire to compromise with, the men who preached the gospel of “ruthless toughness” had done to the mentality of the highest dignitaries of the Church. Sweden once more led the way with regard to practical measures, by distributing entry permits, and Switzerland, Spain, and Portugal followed her example, so that finally about thirty-three thousand Jews were living in special houses in Budapest under the protection of neutral countries. The Allies had received and made public a list of seventy men whom they knew to be the chief culprits, and Roosevelt had sent an ultimatum threatening that “Hungary's fate will not be like any other civilized nation… unless the deportations are stopped.” The point was driven home by an unusually heavy air raid on Budapest on July 2. Thus pressed from all sides, Horthy gave the order to stop the deportations, and one of the most damning pieces of evidence against Eichmann was the rather obvious fact that he had not obeyed “the old fool's” order but, in mid-July, deported another fifteen hundred Jews who were at hand in a concentration camp near Budapest. To prevent the Jewish officials from informing Horthy, he assembled the members of the two representative bodies in his office, where Dr. Hunsche detained them, on various pretexts, until he learned that the train had left Hungarian territory. Eichmann remembered nothing of this episode, in Jerusalem, and although the judges were “convinced that the accused remembers his victory over Horthy very well,” this is doubtful, since to Eichmann Horthy was not such a great personage.

This seems to have been the last train that left Hungary for Auschwitz. In August, 1944, the Red Army was in Rumania, and Eichmann was sent there on his wild-goose chase. When he came back, the Horthy regime had gathered sufficient courage to demand the withdrawal of the Eichmann commando, and Eichmann himself asked Berlin to let him and his men return, since they “had become superfluous.” But Berlin did nothing of the sort, and was proved right, for in mid-October the situation once more changed abruptly. With the Russians no more than a hundred miles from Budapest, the Nazis succeeded in overthrowing the Horthy government and in appointing the leader of the Arrow Cross men, Ferenc Szalasi, head of state. No more transports could be sent to Auschwitz, since the extermination facilities were about to be dismantled, while at the same time the German shortage of labor had grown even more desperate. Now it was Veesenmayer, the Reich plenipotentiary, who negotiated with the Hungarian Ministry of the Interior for permission to ship fifty thousand Jews—men between sixteen and sixty, and women under forty—to the Reich; he added in his report that Eichmann hoped to send fifty thousand more. Since railroad facilities no longer existed, this led to the foot marches of November, 1944, which were stopped only by an order from Himmler. The Jews who were sent on the marches had been arrested at random by the Hungarian police, regardless of exemptions, to which by now many were entitled, regardless also of the age limits specified in the original directives. The marchers were escorted by Arrow Cross men, who robbed them and treated them with the utmost brutality. And that was the end. Of an original Jewish population of eight hundred thousand, some hundred and sixty thousand must still have remained in the Budapest ghetto—the countryside was judenrein—and of these tens of thousands became victims of spontaneous pogroms. On February 13, 1945, the country surrendered to the Red Army.

The chief Hungarian culprits in the massacre were all put on trial, condemned to death, and executed. None of the German initiators, except Eichmann, paid with more than a few years in prison.

SLOVAKIA, like Croatia, was an invention of the German Foreign Office. The Slovaks had come to Berlin to negotiate their “independence” even before the Germans occupied Czechoslovakia, in March, 1939, and at that time they had promised Goring that they would follow Germany faithfully in their handling of the Jewish question. But this had been in the winter of 1938–39, when no one had yet heard of such a thing as the Final Solution. The tiny country, with a poor peasant population of about two and a half million and with ninety thousand Jews, was primitive, backward, and deeply Catholic. It was ruled at the time by a Catholic priest, Father Josef Tiso. Even its Fascist movement, the Hlinka Guard, was Catholic in outlook, and the vehement anti-Semitism of these clerical Fascists or Fascist clerics differed in both style and content from the ultramodern racism of their German masters. There was only one modern anti-Semite in the Slovak government, and that was Eichmann's good friend Sano Mach, Minister of the Interior. All the others were Christians, or thought they were, whereas the Nazis were in principle, of course, as anti-Christian as they were anti-Jewish. The Slovaks' being Christians meant not only that they felt obliged to emphasize what the Nazis considered an “obsolete” distinction between baptized and nonbaptized Jews, but also that they thought of the whole issue in medieval terms. For them a “solution” consisted in expelling the Jews and inheriting their property but not in systematic “exterminating,” although they did not mind occasional killing. The greatest “sin” of the Jews was not that they belonged to an alien “race” but that they were rich. The Jews in Slovakia were not very rich by Western standards, but when fifty-two thousand of them had to declare their possessions because they owned more than two hundred dollars' worth, and it turned out that their total property amounted to a hundred million dollars, every single one of them must have looked to the Slovaks like an incarnation of Croesus.

During their first year and a half of “independence,” the Slo-aks were busy trying to solve the Jewish question according to their own lights. They transferred the larger Jewish enterprises to non-Jews, enacted some anti-Jewish legislation, which, according to the Germans, had the “basic defect” of exempting baptized Jews who had been converted prior to 1918, planned to set up ghettos “following the example of the General Government,” and mobilized Jews for forced labor. Very early, in September, 1940, they had been given a Jewish adviser; Haupt-sturmfiihrer Dieter Wisliceny, once Eichmann's greatly admired superior and friend in the Security Service (his eldest son was named Dieter) and now his equal in rank, was attached to the German legation in Bratislava. Wisliceny did not marry and, therefore, could not be promoted further, so a year later he was outranked by Eichmann and became his subordinate. Eichmann thought that this must have rankled with him, and that it helped explain why he had given such damning evidence against him as witness in the Nuremberg Trials, and had even offered to find out his hiding place. But this is doubtful. Wisliceny probably was interested only in saving his own skin, he was utterly unlike Eichmann. He belonged to the educated stratum of the S.S., lived among books and records, had himself addressed as “Baron” by the Jews in Hungary, and, generally, was much more concerned with money than worried about his career; consequently, he was one of the very first in the S.S. to develop “moderate” tendencies.

Nothing much happened in Slovakia during these early years, until March, 1942, when Eichmann appeared in Bratislava to negotiate the evacuation of twenty thousand “young and strong labor Jews.” Four weeks later, Heydrich himself came to see the Prime Minister, Vojtek Tuka, and persuaded him to let all Jews be resettled in the East, including the converted Jews who had thus far been exempted. The government, with a priest at its head, did not at all mind correcting the “basic defect” of distinguishing between Christians and Jews on the grounds of religion when it learned that “no claim was put forward by the Germans in regard to the property of these Jews except the payment of five hundred Reichsmarks in exchange for each Jew received”; on the contrary, the government demanded an additional guaranty from the German Foreign Office that “Jews removed from Slovakia and received by [the Germans] would stay in the Eastern areas forever, and would not be given an opportunity of returning to Slovakia.” To follow up these negotiations on the highest level, Eichmann paid a second visit to Bratislava, the one that coincided with Heydrich's assassination, and by June, 1942, fifty-two thousand Jews had been deported by the Slovak police to the killing centers in Poland.

There were still some thirty-five thousand Jews left in the country, and they all belonged to the originally exempted categories—converted Jews and their parents, members of certain professions, young men in forced labor battalions, a few businessmen. It was at this moment, when most of the Jews had already been “resettled,” that the Bratislava Jewish Relief and Rescue Committee, a sister body of the Hungarian Zionist group, succeeded in bribing Wisliceny, who promised to help to slow down the pace of the deportations, and who also proposed the so-called Europe Plan, which he was to bring up again later in Budapest. It is very unlikely that Wisliceny ever did anything except read books and listen to music, and, of course, accept whatever he could get. But it was just at this moment that the Vatican informed the Catholic clergy of the true meaning of the word “resettlement.” From then on, as the German Ambassador, Hans Elard Ludin, reported to the Foreign Office in Berlin, the deportations became very unpopular, and the Slovak government began pressing the Germans for permission to visit the “resettlement” centers—which, of course, neither Wisliceny nor Eichmann could grant, since the “resettled” Jews were no longer among the living. In December, 1943, Dr. Edmund Veesenmayer came to Bratislava to see Father Tiso himself; he had been sent by Hitler and his orders specified that he should tell Tiso “to come down to earth” (Fraktur mit ihm reden). Tiso promised to put between sixteen and eighteen thousand unconverted Jews in concentration camps and to establish a special camp for about ten thousand baptized Jews, but he did not agree to deportations. In June, 1944, Veesenmayer, now Reich plenipotentiary in Hungary, appeared again, and demanded that the remaining Jews in the country be included in the Hungarian operations. Tiso refused again.

In August, 1944, as the Red Army drew near, a full-fledged revolt broke out in Slovakia, and the Germans occupied the country. By this time, Wisliceny was in Hungary, and he probably was no longer trusted anyway. The R.S.H.A. sent Alois Brunner to Bratislava to arrest and deport the remaining Jews. Brunner first arrested and deported the officials of the Relief and Rescue Committee, and then, this time with the help of German S.S. units, deported another twelve or fourteen thousand people. On April 4, 1945, when the Russians arrived in Bratislava, there were perhaps twenty thousand Jews left who had survived the catastrophe.

XIII: The Killing Centers in the East

When the Nazis spoke of the East, they meant a huge area that embraced Poland, the Baltic States, and occupied Russian territory. It was divided into four administrative units: the Warthegau, consisting of the Polish Western Regions annexed to the Reich, under Gauleiter Artur Greiser; the Ostland, including Lithuania, Latvia, and Estonia, and the rather indefinite area of White Russia, with Riga as the seat of the occupation authorities; the General Government of central Poland, under Hans Frank; and the Ukraine, under Alfred Rosenberg's Ministry for the Occupied Eastern Territories. These were the first countries on which testimony was presented in the case for the prosecution, and they were the last to be dealt with in the judgment.

No doubt both the prosecution and the judges had excellent reasons for their opposite decisions. The East was the central scene of Jewish suffering, the gruesome terminal of all deportations, the place from which there was hardly ever any escape and where the number of survivors rarely reached more than five per cent. The East, moreover, had been the center of the prewar Jewish population in Europe; more than three million Jews had lived in Poland, two hundred and sixty thousand in the Baltic states, and more than half of the estimated three million Russian Jews in White Russia, the Ukraine, and the Crimea. Since the prosecution was interested primarily in the suffering of the Jewish people and “the dimensions of the genocide” attempted upon it, it was logical to start here, and then see how much specific responsibility for this unmitigated hell could be blamed upon the accused. The trouble was that the evidence relating Eichmann to the East was and this was blamed on the fact that the Gestapo files, and particularly the files of Eichmann's section, had been destroyed by the Nazis. This scarcity of documentary evidence gave the prosecution a probably welcome pretext for calling an endless procession of witnesses to testify to events in the East, though this was hardly its only reason for doing so. The prosecution—as had been hinted during the trial but was fully described later (in the special Bulletin issued in April, 1962, by Yad Vashem, the Israeli archive on the Nazi period) —had been under considerable pressure from Israeli survivors, who constitute about twenty per cent of the present population of the country. They had flocked spontaneously to the trial authorities and also to Yad Vashem, which had been officially commissioned to prepare some of the documentary evidence, to offer themselves as witnesses. The worst cases of “strong imagination,” people who had “seen Eichmann at various places where he had never been, were weeded out, but fifty-six “sufferings-of-the-Jewish-people witnesses,” as the trial authorities called them, were finally put on the stand, instead of some fifteen or twenty “background witnesses,” as originally planned; twenty-three sessions, out of a total of a hundred and twenty-one, were entirely devoted to “background,” which meant they had no apparent bearing upon the case. Though the witnesses for the prosecution were hardly ever cross-examined by either the defense or the judges, the judgment did not accept evidence that had bearing on Eichmann unless it was given some other corroboration. (Thus, the judges refused to charge Eichmann with the murder of the Jewish boy in Hungary; or with having instigated the Kristallnacht in Germany and Austria, of which he certainly knew nothing at the time and, even in Jerusalem, knew considerably less than the least well-informed student of the period; or with the murder of ninety-three children of Lidice, who, after Heydrich's assassination, were deported to Lódz, since “it has not been proved beyond reasonable doubt, according to the evidence before us, that they were murdered”; or with responsibility for the hideous operations of Unit 1005, “amongst the most horrifying parts of all the evidence submitted by the prosecution, which had had the task of opening the mass graves in the East and disposing of the corpses in order to efface all traces of slaughter, and was commanded by Standartenführer Paul Blobel, who, according to his own testimony at Nuremberg, took orders from Müller, the head of Section IV of the R.S.H.A.; or with the dreadful conditions under which Jews left alive in the extermination camps were evacuated to German concentration camps, especially to Bergen-Belsen, during the last months of the war.) The gist of the background witnesses' testimony about conditions in the Polish ghettos, about procedures in the various death camps, about forced labor and, generally, the attempt to exterminate through labor, was never in dispute; on the contrary, there was hardly anything in what they told that had not been known before. If Eichmann's name was mentioned at all, it obviously was hearsay evidence, “rumors testified to,” hence without legal validity. The testimony of all witnesses who had “seen him with their own eyes” collapsed the moment a question was addressed to them, and the judgment found “that the center of gravity of his activities was within the Reich itself, the Protectorate, and in the countries of Europe to the west, north, south, southeast and Central Europe”—that is, everywhere except in the East. Why, then, did the court not waive these hearings, which lasted for weeks and months on end? In discussing this question, the judgment was somewhat apologetic, and finally gave an explanation that was curiously inconsistent: “Since the accused denied all the counts in the indictment,” the judges could not dismiss “evidence on the factual background.” The accused, however, had never denied these facts in the indictment, he had only denied that he was responsible for them “in the sense of the indictment.”

Actually, the judges were faced with a highly unpleasant dilemma. At the very beginning of the trial, Dr. Servatius had impugned the impartiality of the judges; no Jew, in his opinion, was qualified to sit in judgment on the implementers of the Final Solution, and the presiding judge had replied: “We are professional judges, used and accustomed to weighing evidence brought before us and to doing our work in the public eye and subject to public criticism…. When a court sits in judgment, the judges who compose it are human beings, are flesh and blood, with feelings and senses, but they are obliged by the law to restrain those feelings and senses. Otherwise, no judge could ever be found to try a criminal case where his abhorrence might be aroused…. It cannot be denied that the memory of the Nazi holocaust stirs every Jew, but while this case is being tried before us it will be our duty to restrain these feelings, and this duty we shall honor.” Which was good and fair enough, unless Dr. Servatius meant to imply that Jews might lack a proper understanding of the problem their presence caused in the midst of the nations of the world, and hence would fail to appreciate a “final solution” of it. But the irony of the situation was that in case he had felt inclined to make this argument, he could have been answered that the accused, according to his own, emphatically repeated testimony, had learned all he knew about the Jewish question from Jewish-Zionist authors, from the “basic books” of Theodor Herzl and Adolf Böhm. Who, then, could be better qualified to try him than these three men, who had all been Zionists since their early youth?

It was not with respect to the accused, then, but with respect to the background witnesses that the fact of the Jewishness of the judges, of their living in a country where every fifth person was a survivor, became acute and troublesome. Mr. Hausner had gathered together a “tragic multitude” of sufferers, each of them eager not to miss this unique opportunity, each of them convinced of his right to his day in court. The judges might, and did, quarrel with the prosecutor about the wisdom and even the appropriateness of using the occasion for “painting general pictures,” but once a witness had taken the stand, it was difficult indeed to interrupt him, to cut short such testimony, “because of the honor of the witness and because of the matters about which he speaks,” as Judge Landau put it. Who were they, humanly speaking, to deny any of these people their day in court? And who would have dared, humanly speaking, to question their veracity as to detail when they “poured out their hearts as they stood in the witness box,” even though what they had to tell could only “be regarded as by-products of the trial”?

There was an additional difficulty. In Israel, as in most other countries, a person appearing in court is deemed innocent until proved guilty. But in the case of Eichmann this was an obvious fiction. If he had not been found guilty before he appeared in Jerusalem, guilty beyond any reasonable doubt, the Israelis would never have dared, or wanted, to kidnap him; Prime Minister BenGurion, explaining to the President of Argentina, in a letter dated June 3, 1960, why Israel had committed a “formal violation of Argentine law,” wrote that “it was Eichmann who organized the mass murder [of six million of our people], on a the mass murder [of six million of our people], on a gigantic and unprecedented scale, throughout Europe.” In contrast to normal arrests in ordinary criminal cases, where suspicion of guilt must be proved to be substantial and reasonable but not beyond reasonable doubt—that is the task of the ensuing trial—Eichmann's illegal arrest could be justified, and was justified in the eyes of the world, only by the fact that the outcome of the trial could be safely anticipated. His role in the Final Solution, it now turned out, had been wildly exaggerated —partly because of his own boasting, partly because the defendants at Nuremberg and in other postwar trials had tried to exculpate themselves at his expense, and chiefly because he had been in close contact with Jewish functionaries, since he was the one German official who was an “expert in Jewish affairs” and in nothing else. The prosecution, basing its case upon sufferings that were not a bit exaggerated, had exaggerated the exaggeration beyond rhyme or reason—or so one thought until the judgment of the Court of Appeal was handed down, in which one could read: “It was a fact that the appellant had received no ‘superior orders’ at all. He was his own superior, and he gave all orders in matters that concerned Jewish affairs.” That had been precisely the argument of the prosecution, which the judges in the District Court had not accepted, but, dangerous nonsense though it was, the Court of Appeal fully endorsed it. (It was supported chiefly by the testimony of Justice Michael A. Musmanno, author of Ten Days to Die [1950], and a former judge at Nuremberg, who had come from America to testify for the prosecution. Mr. Musmanno had sat on the trials of the administrators of the concentration camps, and of the members of the mobile killing units in the East; and while Eichmann's name had come up in the proceedings, he had mentioned it only once in his judgments. He had, however, interviewed the Nuremberg defendants in their prison. And there Ribbentrop had told him that Hitler would have been all right if he had not fallen under Eichmann's influence. Well, Mr. Musmanno did not believe all he was told, but he did believe that Eichmann had been given his commission by Hitler himself and that his power “came by speaking through Himmler and through Heydrich.” A few sessions later, Mr. Gustave M. Gilbert, professor of psychology at Long Island University and author of Nuremberg Diary [1947], appeared as a witness for the prosecution. He was more cautious than Justice Musmanno, whom he had introduced to the defendants at Nuremberg. Gilbert testified that “Eichmann… wasn't thought of very much by the major Nazi war criminals… at that time,” and also that Eichmann, whom they both assumed dead, had not been mentioned in discussions of the war crimes between Gilbert and Musmanno.) The District Court judges, then, because they saw through the exaggerations of the prosecution and had no wish to make Eichmann the superior of Himmler and the inspirer of Hitler, were put in the position of having to defend the accused. The task, apart from its un-pleasantness, was of no consequence for either judgment or sentence, as “the legal and moral responsibility of him who de-livers the victim to his death is, in our opinion, no smaller and may even be greater than the liability of him who does the victim to death.”

The judges' way out of all these difficulties was through compromise. The judgment falls into two parts, and the by far larger part consists of a rewriting of the prosecution's case. The judges indicated their fundamentally different approach by starting with Germany and ending with the East, for this meant that they intended to concentrate on what had been done instead of on what the Jews had suffered. In an obvious rebuff to the prosecution, they said explicitly that sufferings on so gigantic a scale were “beyond human understanding,” a matter for “great authors and poets,” and did not belong in a courtroom, whereas the deeds and motives that had caused them were neither beyond understanding nor beyond judgment. They even went so far as to state that they would base their findings upon their own presentation, and, indeed, they would have been lost if they had not gone to the enormous amount of work that this implied. They got a firm grasp on the intricate bureaucratic setup of the Nazi machinery of destruction, so that the position of the accused could be understood. In contrast to the introductory speech of Mr. Hausner, which has already been published as a book, the judgment can be studied with profit by those with a historical interest in this period. But the judgment, so pleasantly devoid of cheap oratory, would have destroyed the case for the prosecution altogether if the judges had not found reason to charge Eichmann with some responsibility for crimes in the East, in addition to the main crime, to which he had confessed, namely, that he had shipped people to their death in full awareness of what he was doing.

Four points were chiefly in dispute. There was, first, the question of Eichmann's participation in the mass slaughter carried out in the East by the Einsatzgruppen, which had been set up by Heydrich at a meeting, held in March, 1941, at which Eichmann was present. However, since the commanders of the Einsatzgruppen were members of the intellectual élite of the S.S., while their troops were either criminals or ordinary soldiers drafted for punitive duty—nobody could volunteer—Eichmann was connected with this important phase of the Final Solution only in that he received the reports of the killers, which he then had to summarize for his superiors. These reports, though “top secret,” were mimeographed and went to between fifty and seventy other offices in the Reich, in each of which there sat, of course, some Oberregierungsrat who summarized them for the higher-ups. There was, in addition to this, the testimony of Justice Musmanno, who claimed that Walter Schellenberg, who had drawn up the draft agreement between Heydrich and General Walter von Brauchitsch, of the military command, specifying that the Einsatzgruppen were to enjoy full freedom in “the execution of their plans as regards the civil population,” that is, in the killing of civilians, had told him in a conversation at Nuremberg that Eichmann had “controlled these operations” and had even “personally supervised” them. The judges “for reasons of caution” were unwilling to rely on an uncorroborated statement of Schellenberg's, and threw out this evidence. Schellenberg must have had a remarkably low opinion of the Nuremberg judges and their ability to find their way through the labyrinthine administrative structure of the Third Reich. Hence, all that was left was evidence that Eichmann was well informed of what was going on in the East, which had never been in dispute, and the judgment, surprisingly, concluded that this evidence was sufficient to constitute proof of actual participation.

The second point, dealing with the deportation of Jews from Polish ghettos to the nearby killing centers, had more to recommend it. It was indeed “logical” to assume that the transportation expert would have been active in the territory under the General Government. However, we know from many other sources that the Higher S.S. and Police Leaders were in charge of transportation for this whole area—to the great grief of Governor General Hans Frank, who in his diary complained endlessly about interference in this matter without ever mentioning Eichmann's name. Franz Novak, Eichmann's transportation officer, testifying for the defense, corroborated Eichmann's version: occasionally, of course, they had had to negotiate with the manager of the Ostbahn, the Eastern Railways, because shipments from the western parts of Europe had to be coordinated with local operations. (Of these transactions, Wisliceny had given a good account at Nuremberg. Novak used to contact the Ministry of Transport, which, in turn, had to obtain clearance from the Army if the trains entered a theater of war. The Army could veto transports. What Wisliceny did not tell, and what is perhaps more interesting, is that the Army used its right of veto only in the initial years, when German troops were on the offensive; in 1944, when the deportations from Hungary clogged the lines of retreat for whole German armies in desperate flight, no vetoes were forthcoming.) But when, for instance, the Warsaw ghetto was evacuated in 1942, at the rate of five thousand people a day, Himmler himself conducted the negotiations with the railway authorities, and Eichmann and his outfit had nothing whatever to do with them. The judgment finally fell back on testimony given by a witness at the Höss trial that some Jews from the General Government area had arrived in Auschwitz together with Jews from Bialystok, a Polish city that had been incorporated into the German province of East Prussia, and hence fell within Eichmann's jurisdiction. Yet even in the Warthegau, which was Reich territory, it was not the R.S.H.A. but Gauleiter Greiser who was in charge of extermination and deportation. And although in January, 1944, Eichmann visited the Lódz ghetto—the largest in the East and the last to be liquidated—again it was Himmler himself who, a month later, came to see Greiser and ordered the liquidation of Lódz. Unless one accepted the prosecution's preposterous claim that Eichmann had been able to inspire Himmler's orders, the mere fact that Eichmann shipped Jews to Auschwitz could not possibly prove that all Jews who arrived there had been shipped by him. In view of Eichmann's strenuous denials and the utter lack of corroborative evidence, the conclusions of the judgment on this point appeared, unhappily, to constitute a case of in dubio contra reum.

The third point to be considered was Eichmann's liability for what went on in the extermination camps, in which, according to the prosecution, he had enjoyed great authority. It spoke for the high degree of independence and fairness of the judges that they threw out all the accumulated testimony of the witnesses on these matters. Their argument here was foolproof and showed their true understanding of the whole situation. They started by explaining that there had existed two categories of Jews in the camps, the so-called “transport Jews” (Transportjuden), who made up the bulk of the population and who had never committed an offense, even in the eyes of the Nazis, and the Jews “in protective custody” (Schutzhaftjuden), who had been sent to German concentration camps for some transgression and who, under the totalitarian principle of directing the full terror of the regime against the “innocents,” were considerably better off than the others, even when they were shipped to the East in order to make the concentration camps in the Reich judenrein. (In the words of Mrs. Raja Kagan, an excellent witness on Auschwitz, it was “the great paradox of Auschwitz. Those caught committing a criminal offense were treated better than the others.” They were not subject to the selection and, as a rule, they survived.) Eichmann had nothing to do with Schutzhaftjuden; but Transportjuden, his speciality, were, by definition, condemned to death, except for the twenty-five per cent of especially strong individuals, who might be selected for labor in some camps. In the version presented by the judgment, however, that question was no longer at issue. Eichmann knew, of course, that the overwhelming majority of his victims were condemned to death; but since the selection for labor was made by the S.S. physicians on the spot, and since the lists of deportees were usually made up by the Jewish Councils in the home countries or by the Order Police, but never by Eichmann or his men, the truth was that he had no authority to say who would die and who would live; he could not even know. The question was whether Eichmann had lied when he said: “I never killed a Jew or, for that matter, I never killed a non-Jew…. I never gave an order to kill a Jew nor an order to kill a non-Jew.” The prosecution, unable to understand a mass murderer who had never killed (and who in this particular instance probably did not even have the guts to kill), was constantly trying to prove individual murder.

This brings us to the fourth, and last, question concerning Eichmann's general authority in the Eastern territories—the question of his responsibility for living conditions in the ghettos, for the unspeakable misery endured in them, and for their final liquidation, which had been the subject of testimony by most witnesses. Again, Eichmann had been fully informed, but none of this had anything to do with his job. The prosecution made a laborious effort to prove that it had, on the ground that Eichmann had freely admitted that every once in a while he had to decide, according to ever-changing directives on this matter, what to do with the Jews of foreign nationality who were trapped in Poland. This, he said, was a question of “national importance,” involving the Foreign Office, and was “beyond the horizon” of the local authorities. With respect to such Jews, there existed two different trends in all German offices, the “radical” trend, which would have ignored all distinctions—a Jew was a Jew, period—and the “moderate” trend, which thought it better to put these Jews “on ice” for exchange purposes. (The notion of exchange Jews seems to have been Himmler's idea. After America's entry into the war, he wrote to Müller, in December, 1942, that “all Jews with influential relatives in the United States should be put into a special camp… and stay alive,” adding, “Such Jews are for us precious hostages. I have a figure of ten thousand in mind.”) Needless to say, Eichmann belonged to the “radicals,” he was against making exceptions, for administrative as well as “idealistic” reasons. But when in April, 1942, he wrote to the Foreign Office that “in the future foreign nationals would be included in the measures taken by the Security Police within the Warsaw Ghetto,” where Jews with foreign passports had previously been carefully weeded out, he was hardly acting as “a decision-maker on behalf of the R.S.H.A.” in the East, and he certainly did not possess “executive powers” there. Still less could such powers or authority be derived from his having been used occasionally by Heydrich or Himmler to transmit certain orders to local commanders.

In a sense, the truth of the matter was even worse than the court in Jerusalem assumed. Heydrich, the judgment argued, had been given central authority over the implementation of the Final Solution, without any territorial limitations, hence Eichmann, his chief deputy in this field, was everywhere equally responsible. This was quite true for the framework of the Final Solution, but although Heydrich, for purposes of coordination, had called a representative of Hans Frank's General Government, Undersecretary of State Dr. Josef Bühler, to the Wannsee Conference, the Final Solution did not really apply to the Eastern occupied territories, for the simple reason that the fate of the Jews there had never been in the balance. The massacre of Polish Jewry had been decided on by Hitler not in May or June, 1941, the date of the order for the Final Solution, but in September, 1939, as the judges knew from testimony given at Nuremberg by Erwin Lahousen of the German Counterintelligence: “As early as September, 1939, Hitler had decided the murder of Polish Jews.” (Hence, the Jewish star was introduced into the General Government immediately after the occupation of the territory, in November, 1939, while it was introduced into the German Reich only in 1941, at the time of the Final Solution.) The judges had before them also the minutes of two conferences at the beginning of the war, one of which Heydrich had called on September 21, 1939, as a meeting of “department heads and commanders of the mobile killing units” at which Eichmann, then still a mere Hauptsturmführer, had represented the Berlin Center for Jewish Emigration; the other took place on January 30, 1940, and dealt with “questions of evacuation and resettlement.” At both meetings, the fate of the entire native population in the occupied territories was discussed—that is, the “solution” of the Polish as well as the “Jewish question.”

Even at this early date, the “solution of the Polish problem” was well advanced: of the “political leadership,” it was reported, no more than three per cent was left; in order to “render this three per cent harmless,” they would have “to be sent into concentration camps.” The middle strata of the Polish intelligentsia were to be registered and arrested—“teachers, clergy, nobility, legionaries, returning officers, etc.”—while the “primitive Poles” were to be added to German manpower as “migratory laborers” and to be “evacuated” from their homes. “The goal is: The Pole has to become the eternal seasonal and migratory laborer, his permanent residence should be in the region of Cracow.” The Jews were to be gathered into urban centers and “assembled in ghettos where they can be easily controlled and conveniently evacuated later on.” Those Eastern territories that had been incorporated into the Reich—the so-called Warthegau, West Prussia, Danzig, the province of Poznan, and Upper Silesia—had to be immediately cleared of all Jews; together with 30,000 Gypsies they were sent in freight trains into the General Government. Himmler finally, in his capacity as “Reich Commissioner for the Strengthening of German Folkdom,” gave orders for the evacuation of large portions of the Polish population from these territories recently annexed to the Reich. The implementation of this “organized migration of peoples,” as the judgment called it, was assigned to Eichmann as chief of Subsection IV-D-4 in the R.S.H.A., whose task consisted in “emigration, evacuation.” (It is important to remember that this “negative demographic policy” was by no means improvised as a result of German victories in the East. It had been outlined, as early as November, 1937, in the secret speech addressed by Hitler to members of the German High Command—see the so-called Hössbach Protocol. Hitler had pointed out that he rejected all notions of conquering foreign nations, that what he demanded was an “empty space” [volkloser Raum] in the East for the settlement of Germans. His audience—Blomberg, Fritsch, and Räder, among others—knew quite well that no such “empty space” existed, hence they must have known that a German victory in the East would automatically result in the “evacuation” of the entire native population. The measures against Eastern Jews were not only the result of anti-Semitism, they were part and parcel of an all-embracing demographic policy, in the course of which, had the Germans won the war, the Poles would have suffered the same fate as the Jews— genocide. This is no mere conjecture: the Poles in Germany were already being forced to wear a distinguishing badge in which the “P” replaced the Jewish star, and this, as we have seen, was always the first measure to be taken by the police in instituting the process of destruction.)

An express letter, sent to the commanders of the mobile killing units after the September meeting, was among the documents submitted at the trial and was of special interest. It refers only to “the Jewish question in occupied territories” and distinguishes between the “final goal,” which must be kept secret, and “preliminary measures” for reaching it. Among the latter, the document mentions expressly the concentration of Jews in the vicinity of railroad tracks. It is characteristic that the phrase “Final Solution of the Jewish question” does not occur; the “final goal” probably was the destruction of Polish Jews, clearly nothing new to those present at the meeting; what was new was only that those Jews who lived in newly annexed provinces of the Reich should be evacuated to Poland, for this was indeed a first step toward making Germany judenrein, hence toward the Final Solution.

As far as Eichmann was concerned the documents clearly showed that even at this stage he had next to nothing to do with what happened in the East. Here, too, his role was that of an expert for “transportation” and “emigration”; in the East, no “Jewish expert” was needed, no special “directives” were required, and there existed no privileged categories. Even the members of the Jewish Councils were invariably exterminated when the ghettos were finally liquidated. There were no exceptions, for the fate accorded the slave laborers was only a different, slower kind of death. Hence the Jewish bureaucracy, whose role in these administrative massacres was felt to be so essential that the institution of “Jewish Councils of Elders” was immediately established, played no part in the seizure and the concentration of the Jews. The whole episode signals the end of the initial wild mass shootings in the rear of the armies. It seems that the Army commanders had protested against the massacres of civilians, and that Heydrich had come to an agreement with the German High Command establishing the principle of a complete “cleanup once and for all” of Jews, the Polish intelligentsia, the Catholic clergy, and the nobility, but determining that, because of the magnitude of an operation in which two million Jews would have to be “cleaned up,” the Jews should first be concentrated in ghettos.

If the judges had cleared Eichmann completely on these counts connected with the hair-raising stories told over and over by witnesses at the trial, they would not have arrived at a different judgment of guilt, and Eichmann would not have escaped capital punishment. The result would have been the same. But they would have destroyed utterly, and without compromise, the case as the prosecution presented it.

XIV: Evidence and Witnesses

During the last weeks of the war, the S.S. bureaucracy was occupied chiefly with forging identity papers and with destroying the paper mountains that testified to six years of systematic murder. Eichmann's department, more successful than others, had burned its files, which, of course, did not achieve much, since all its correspondence had been addressed to other State and Party offices, whose files fell into the hands of the Allies. There were more than enough documents left to tell the story of the Final Solution, most of them known already from the Nuremberg Trials and the successor trials. The story was confirmed by sworn and unsworn statements, usually given by witnesses and defendants in previous trials and frequently by persons who were no longer alive. (All this, as well as a certain amount of hearsay testimony, was admitted as evidence according to Section 15 of the law under which Eichmann was tried, which stipulates that the court “may deviate from the rules of evidence” provided it “places on record the reasons which prompted” such deviation.) The documentary evidence was supplemented by testimony taken abroad, in German, Austrian, and Italian courts, from sixteen witnesses who could not come to Jerusalem, because the Attorney General had announced that he “intended to put them on trial for crimes against the Jewish people.” Although during the first session he had declared, “And if the defense has people who are ready to come and be witnesses, I shall not block the way. I shall not put any obstacles,” he later refused to grant such people immunity. (Such immunity was entirely dependent upon the good will of the government; prosecution under the Nazis and Nazi Collaborators [Punishment] Law is not mandatory.) Since it was highly unlikely that any of the sixteen gentlemen would have come to Israel under any circumstances—seven of them were in prison—this was a technical point, but it was of considerable importance. It served to refute Israel's claim that an Israeli court was, at least technically, the “most suitable for a trial against the implementers of the Final Solution,” because documents and witnesses were “more abundant than in any other country”; and the claim with respect to documents was doubtful in any event, since the Israeli archive Yad Vashem was founded at a comparatively late date and is in no way superior to other archives. It quickly turned out that Israel was the only country in the world where defense witnesses could not be heard, and where certain witnesses for the prosecution, those who had given affidavits in previous trials, could not be cross-examined by the defense. And this was all the more serious as the accused and his lawyer were indeed not “in a position to obtain their own defense documents.” (Dr. Servatius had submitted a hundred and ten documents, as against fifteen hundred submitted by the prosecution, but of the former only about a dozen originated with the defense, and they consisted mostly of excerpts from books by Poliakov or Reitlinger; all the rest, with the exception of the seventeen charts drawn by Eichmann, had been picked out of the wealth of material gathered by the prosecution and the Israeli police. Obviously, the defense had received the crumbs from the rich man's table.) In fact, it had neither “the means nor the time” to conduct the affair properly, it did not have at its disposal “the archives of the world and the instruments of government.” The same reproach had been leveled against the Nuremberg Trials, where the inequality of status between prosecution and defense was even more glaring. The chief handicap of the defense, at Nuremberg as at Jerusalem, was that it lacked the staff of trained research assistants needed to go through the mass of documents and find whatever might be useful in the case. Even today, eighteen years after the war, our knowledge of the immense archival material of the Nazi regime rests to a large extent on the selection made for purposes of prosecution.

No one could have been more aware of this decisive disadvantage for the defense than Dr. Servatius, who was one of the defense counsels at Nuremberg. Which, obviously, makes the question of why he offered his services to begin with even more intriguing. His answer to this question was that for him this was “a mere business matter” and that he wished “to make money,” but he must have known, from his Nuremberg experience, that the sum paid him by the Israeli government— thousand dollars, as he himself had stipulated—was ridiculously inadequate, even though Eichmann's family in Linz had given him another fifteen thousand marks. He began complaining about being underpaid almost the first day of the trial, and soon thereafter he openly voiced the hope that he would be able to sell whatever “memoirs” Eichmann would write in prison “for future generations.” Leaving aside the question of whether such a business deal would have been proper, his hopes were disappointed because the Israeli government confiscated all papers written by Eichmann while in jail. (They have now been de-posited in the National Archives.) Eichmann had written a “book” in the time between the adjournment of the court in August and the pronouncement of judgment in December, and the defense offered it as “new factual evidence” in the revision proceedings before the Court of Appeal—which of course the newly written book was not.

As to the position of the defendant, the court could rely upon the detailed statement he had made to the Israeli police examiner, supplemented by many handwritten notes he had handed in during the eleven months needed for the preparation of the trial. No doubt was ever raised that these were voluntary statements; most of them had not even been elicited by questions. Eichmann had been confronted with sixteen hundred documents, some of which, it turned out, he must have seen before, because they had been shown to him in Argentina during his interview with Sassen, which Mr. Hausner with some justification called a “dress rehearsal.” But he had started working on them seriously only in Jerusalem, and when he was put on the stand, it soon became apparent that he had not wasted his time: now he knew how to read documents, something he had not known during the police examination, and he could do it better than his lawyer. Eichmann's testimony in court turned out to be the most important evidence in the case. His counsel put him on the stand on June 20, during the seventy-fifth session, and interrogated him almost uninterruptedly for fourteen sessions, until July 7. That same day, during the eighty-eighth session, the cross-ex-amination by the prosecution began, and it lasted for another seventeen sessions, up to the twentieth of July. There were a few incidents: Eichmann once threatened to “confess everything” Moscow style, and he once complained that he had been “grilled until the steak was done,” but he was usually quite calm and he was not serious when he threatened that he would refuse to answer any more questions. He told Judge Halevi how “pleased [he was] at this opportunity to sift the truth from the untruths that had been unloaded upon [him] for fifteen years,” and how proud of being the subject of a cross-examination that lasted longer than any known before. After a short re-examination by his lawyer, which took less than a session, he was examined by the three judges, and they got more out of him in two and a half short sessions than the prosecution had been able to elicit in seventeen.

Eichmann was on the stand from June 20 to July 24, or a total of thirty-three and a half sessions. Almost twice as many sessions, sixty-two out of a total of a hundred and twenty-one, were spent on a hundred prosecution witnesses who, country after country, told their tales of horrors. Their testimony lasted from April 24 to June 12, the entire intervening time being taken up with the submission of documents, most of which the Attorney General read into the record of the court's proceedings, which was handed out to the press each day. All but a mere handful of the witnesses were Israeli citizens, and they had been picked from hundreds and hundreds of applicants. (Ninety of them were survivors in the strict sense of the word, they had survived the war in one form or another of Nazi captivity.) How much wiser it would have been to resist these pressures altogether (it was done up to a point, for none of the potential witnesses mentioned in Minister of Death, written by Quentin Reynolds on the basis of material provided by two Israeli journalists, and published in 1960, was ever called to the stand) and to seek out those who had not volunteered! As though to prove the point, the prosecution called upon a writer, well known on both sides of the Atlantic under the name of K-Zetnik—a slang word for a concentration-camp inmate—as the author of several books on Auschwitz that dealt with brothels, homosexuals, and other “human interest stories.” He started off, as he had done at many of his public appearances, with an explanation of his adopted not a “pen-name,” he said. “I must carry this name as long as the world will not awaken after the crucifying of the nation… as humanity has risen after the crucifixion of one man.” He continued with a little excursion into astrology: the star “influencing our fate in the same way as the star of ashes at Auschwitz is there facing our planet, radiating toward our planet.” And when he had arrived at “the unnatural power above Nature” which had sustained him thus far, and now, for the first time, paused to catch his breath, even Mr. Hausner felt that something had to be done about this “testimony,” and, very timidly, very politely, interrupted: “Could I perhaps put a few questions to you if you will consent?” Whereupon the presiding judge saw his chance as well: “Mr. Dinoor, please, please, listen to Mr. Hausner and to me.” In response, the disappointed witness, probably deeply wounded, fainted and answered no more questions.

This, to be sure, was an exception, but if it was an exception that proved the rule of normality, it did not prove the rule of simplicity or of ability to tell a story, let alone of the rare capacity for distinguishing between things that had happened to the storyteller more than sixteen, and sometimes twenty, years ago, and what he had read and heard and imagined in the meantime. These difficulties could not be helped, but they were not improved by the predilection of the prosecution for witnesses of some prominence, many of whom had published books about their experiences, and who now told what they had previously written, or what they had told and retold many times. The procession started, in a futile attempt to proceed according to chronological order, with eight witnesses from Germany, all of them sober enough, but they were not “survivors”; they had been high-ranking Jewish officials in Germany and were now prominent in Israeli public life, and they had all left Germany prior to the outbreak of war. They were followed by five witnesses from Prague and then by just one witness from Austria, on which country the prosecution had submitted the valuable reports of the late Dr. Löwenherz, written during and shortly after the end of the war. There appeared one witness each from France, Holland, Denmark, Norway, Luxembourg, Italy, Greece, and Soviet Russia; two from Yugoslavia; three each from Rumania and Slovakia; and thirteen from Hungary. But the bulk of the witnesses, fifty-three, came from Poland and Lithuania, where Eichmann's competence and authority had been almost nil. (Belgium and Bulgaria were the only countries not covered by witnesses.) These were all ‘background witnesses,’ and so were the sixteen men and women who told the court about Auschwitz (ten) and Treblinka (four), about Chelmno and Majdanek. It was different with those who testified on Theresienstadt, the old-age ghetto on Reich territory, the only camp in which Eichmann's power had indeed been considerable; there were four witnesses for Theresienstadt and one for the exchange camp at Bergen-Belsen.

At the end of this procession, “the right of the witnesses to be irrelevant,” as Yad Vashem, summing up the testimony in its Bulletin, phrased it, was so firmly established that it was a mere formality when Mr. Hausner, during the seventy-third session, asked permission of the court “to complete his picture,” and Judge Landau, who some fifty sessions before had protested so strenuously against this “picture painting,” agreed immediately to the appearance of a former member of the Jewish Brigade, the fighting force of Palestine Jews that had been attached to the British Eighth Army during the war. This last witness for the prosecution, Mr. Aharon Hoter-Yishai, now an Israeli lawyer, had been assigned the task of coordinating all efforts to search for Jewish survivors in Europe, under the auspices of Aliyah Beth, the organization responsible for arranging for illegal immigration into Palestine. The surviving Jews were dispersed among some eight million displaced persons from all over Europe, a floating mass of humanity that the Allies wanted to repatriate as quickly as possible. The danger was that the Jews, too, would be returned to their former homes. Mr. Hoter-Yishai told how he and his comrades were greeted when they presented themselves as members of “the Jewish fighting nation,” and how it “was sufficient to draw a Star of David on a sheet in ink and pin it to a broomstick” to shake these people out of the dangerous apathy of near-starvation. He also told how some of them “had wandered home from the D.P. camps,” only to come back to another camp, for “home” was, for instance, a small Polish town where of six thousand former Jewish inhabitants fifteen had survived, and where four of these survivors had been murdered upon their return by the Poles. He described finally how he and the others had tried to forestall the repatriation attempts of the Allies and how they frequently arrived too late: “In Theresienstadt, there were thirty-two thousand survivors. After a few weeks we found only four thousand. About twenty-eight thousand had returned, or been returned. Those four thousand whom we found there—of them, of course, not one person returned to his place of origin, because in the meantime the road was pointed out to them”—that is, the road to what was then Palestine and was soon to become Israel. This testimony perhaps smacked more strongly of propaganda than anything heard previously, and the presentation of the facts was indeed misleading. In November, 1944, after the last shipment had left Theresienstadt for Auschwitz, there were only about ten thousand of the original inmates left. In February, 1945, there arrived another six to eight thousand people, the Jewish partners of mixed marriages, whom the Nazis shipped to Theresienstadt at a moment when the whole German transportation system was already in a state of collapse. All the others—roughly fifteen thousand—had poured in in open freight cars or on foot in April, 1945, after the camp had been taken over by the Red Cross. These were survivors of Auschwitz, members of the labor gangs, and they were chiefly from Poland and Hungary. When the Russians liberated the camp—on May 9, 1945—many Czech Jews, who had been in Theresienstadt since the beginning, left the camp immediately and started home; they were in their own country. When the quarantine ordered by the Russians because of the epidemics was lifted, the majority left on its own initiative. So that the remnant found by the Palestine emissaries probably consisted of people who could not return or be returned for various reasons—the ill, the aged, single lonely survivors of families who did not know where to turn. And yet Mr. Hoter-Yishai told the simple truth: those who had survived the ghettos and the camps, who had come out alive from the nightmare of absolute helplessness and abandonment—as though the whole world was a jungle and they its prey—had only one wish, to go where they would never see a non-Jew again. They needed the emissaries of the Jewish people in Palestine in order to learn that they could come, legally or illegally, by hook or by crook, and that they would be welcome; they did not need them in order to be convinced.

Thus, every once in a long while one was glad that Judge Landau had lost his battle, and the first such moment occurred even before the battle had started. For Mr. Hausner's first background witness did not look as though he had volunteered. He was an old man, wearing the traditional Jewish skullcap, small, very frail, with sparse white hair and beard, holding himself quite erect; in a sense, his name was “famous,” and one understood why the prosecution wanted to begin its picture with him. He was Zindel Grynszpan, father of Herschel Grynszpan, who, on November 7, 1938, at the age of seventeen, had walked up to the German embassy in Paris and shot to death its third secretary, the young Legationsrat Ernst vom Rath. The assassination had triggered the pogroms in Germany and Austria, the so-called Kristallnacht of November 9, which was indeed a prelude to the Final Solution, but with whose preparation Eichmann had nothing to do. The motives for Grynszpan's act have never been cleared up, and his brother, whom the prosecution also put on the stand, was remarkably reluctant to talk about it. The court took it for granted that it was an act of vengeance for the expulsion of some seventeen thousand Polish Jews, the Grynszpan family among them, from German territory during the last days of October, 1938, but it is generally known that this explanation is unlikely. Herschel Grynszpan was a psychopath, unable to finish school, who for years had knocked about Paris and Brussels, being expelled from both places. His lawyer in the French court that tried him introduced a confused story of homosexual relations, and the Germans, who later had him extradited, never put him on trial. (There are rumors that he survived the war—as though to substantiate the “paradox of Auschwitz” that those Jews who had committed a criminal offense were spared.) Vom Rath was a singularly inadequate victim, he had been shadowed by the Gestapo because of his openly anti-Nazi views and his sympathy for Jews; the story of his homosexuality was probably fabricated by the Gestapo. Grynszpan might have acted as an unwitting tool of Gestapo agents in Paris, who could have wanted to kill two birds with one stone—create a pretext for pogroms in Germany and get rid of an opponent to the Nazi regime—without realizing that they could not have it both ways, that is, could not slander vom Rath as a homosexual having illicit relations with Jewish boys and also make of him a martyr and a victim of “world Jewry.”

However that may have been, it is a fact that the Polish government in the fall of 1938 decreed that all Polish Jews residing in Germany would lose their nationality by October 29; it probably was in possession of information that the German government intended to expel these Jews to Poland and wanted to prevent this. It is more than doubtful that people like Mr. Zindel Grynszpan even knew that such a decree existed. He had come to Germany in 1911, a young man of twenty-five, to open a grocery store in Hanover, where, in due time, eight children were born to him. In 1938, when catastrophe overcame him, he had been living in Germany for twenty-seven years, and, like many such people, he had never bothered to change his papers and to ask for naturalization. Now he had come to tell his story, carefully answering questions put to him by the prosecutor; he spoke clearly and firmly, without embroidery, using a minimum of words.

“On the twenty-seventh of October, 1938, it was a Thursday night, at eight o'clock, a policeman came and told us to come to Region [police station] Eleven. He said: ‘You are going to come back immediately; don't take anything with you, only your passports.’” Grynszpan went, with his family, a son, a daughter, and his wife. When they arrived at the police station he saw “a large number of people, some sitting, some standing, people were crying. They [the police] were shouting, ‘Sign, sign, sign.’… I had to sign, all of them did. One of us did not, his name was, I believe, Gershon Silber, and he had to stand in the corner for twenty-four hours. They took us to the concert hall, and… there were people from all over town, about six hundred people. There we stayed until Friday night, about twenty-four hours, yes, until Friday night…. Then they took us in police trucks, in prisoners’ lorries, about twenty men in each truck, and they took us to the railroad station. The streets were black with people shouting: ‘Juden raus to Palestine!’… They took us by train to Neubenschen, on the German-Polish border. It was Shabbat morning when we arrived there, six o'clock in the morning. There came trains from all sorts of places, from Leipzig, Cologne, Dusseldorf, Essen, Biederfeld, Bremen. Together we were about twelve thousand people…. It was the Shabbat, the twenty-ninth of October…. When we reached the border we were searched to see if anybody had any money, and anybody who had more than ten marks—the balance was taken away. This was the German law, no more than ten marks could be taken out of Germany. The Germans said, ‘You didn't bring any more with you when you came, you can't take out any more.’” They had to walk a little over a mile to the Polish border, since the Germans intended to smuggle them into Polish territory. “The S.S. men were whipping us, those who lingered they hit, and blood was flowing on the road. They tore away our suitcases from us, they treated us in a most brutal way, this was the first time that I'd seen the wild brutality of the Germans. They shouted at us, ‘Run! Run!’ I was hit and fell into the ditch. My son helped me, and he said: ‘Run, Father, run, or you'll die!’ When we got to the open border… the women went in first. The Poles knew nothing. They called a Polish general and some officers who examined our papers, and they saw that we were Polish citizens, that we had special passports. It was decided to let us enter. They took us to a village of about six thousand people, and we were twelve thousand. The rain was driving hard, people were fainting—on all sides one saw old men and women. Our suffering was great. There was no food, since Thursday we had not eaten…” They were taken to a military camp and put into “stables, as there was no room elsewhere…. I think it was our second day [in Poland]. On the first day, a lorry with bread came from Poznan, that was on Sunday. And then I wrote a letter to France… to my son: ‘Don't write any more letters to Germany. We are now in Zbaszyn.’”

This story took no more than perhaps ten minutes to tell, and when it was over—the senseless, needless destruction of twenty-seven years in less than twenty-four hours—one thought foolishly: Everyone, everyone should have his day in court. Only to find out, in the endless sessions that followed, how difficult it was to tell the story, that—at least outside the transforming realm of poetry—it needed a purity of soul, an unmirrored, unreflected innocence of heart and mind that only the righteous possess. No one either before or after was to equal the shining honesty of Zindel Grynszpan.

No one could claim that Grynszpan's testimony created anything remotely resembling a “dramatic moment.” But such a moment came a few weeks later, and it came unexpectedly, just when Judge Landau was making an almost desperate attempt to bring the proceedings back under the control of normal criminal-court procedures. On the stand was Abba Kovner, “a poet and an autho,” who had not so much testified as addressed an audience with the ease of someone who is used to speaking in public and resents interruptions from the floor. He had been asked by the presiding judge to be brief, which he obviously disliked, and Mr. Hausner, who had defended his witness, had been told that he could not “complain about a lack of patience on the part of the court,” which of course he did not like either. At this slightly tense moment, the witness happened to mention the name of Anton Schmidt, a Feldwebel, or sergeant, in the German Army “a name that was not entirely unknown to this audience, for Yad Vashem had published Schmidt's story some years before in its Hebrew Bulletin, and a number of Yiddish papers in America had picked it up. Anton Schmidt was in charge of a patrol in Poland that collected stray German soldiers who were cut off from their units. In the course of doing this, he had run into members of the Jewish underground, including Mr. Kovner, a prominent member, and he had helped the Jewish partisans by supplying them with forged papers and military trucks. Most important of all: “He did not do it for money.” This had gone on for five months, from October, 1941, to March, 1942, when Anton Schmidt was arrested and executed. (The prosecution had elicited the story because Kovner declared that he had first heard the name of Eichmann from Schmidt, who had told him about rumors in the Army that it was Eichmann who “arranges everything.”)

This was by no means the first time that help from the outside, non-Jewish world had been mentioned. Judge Halevi had been asking the witnesses: “Did the Jews get any help?” with the same regularity as that with which the prosecution had asked: “Why did you not rebel?” The answers had been various and inconclusive —“We had the whole population against us,” Jews hidden by Christian families could “be counted on the fingers of one hand,” perhaps five or six out of a total of thirteen thousand—but on the whole the situation had, surprisingly, been better in Poland than in any other Eastern European country. (There was, I have said, no testimony on Bulgaria.) A Jew, now married to a Polish woman and living in Israel, testified how his wife had hidden him and twelve other Jews throughout the war; another had a Christian friend from before the war to whom he had escaped from a camp and who had helped him, and who was later executed because of the help he had given to Jews. One witness claimed that the Polish underground had supplied many Jews with weapons and had saved thousands of Jewish children by placing them with Polish families. The risks were prohibitive; there was the story of an entire Polish family who had been executed in the most brutal manner because they had adopted a six-year-old Jewish girl. But this mention of Schmidt was the first and the last time that any such story was told of a German, for the only other incident involving a German was mentioned only in a document: an Army officer had helped indirectly by sabotaging certain police orders; nothing happened to him, but the matter had been thought sufficiently serious to be mentioned in correspondence between Himmler and Bormann.

During the few minutes it took Kovner to tell of the help that had come from a German sergeant, a hush settled over the courtroom; it was as though the crowd had spontaneously decided to observe the usual two minutes of silence in honor of the man named Anton Schmidt. And in those two minutes, which were like a sudden burst of light in the midst of impenetrable, unfathomable darkness, a single thought stood out clearly, irrefutably, beyond question—how utterly different everything would be today in this courtroom, in Israel, in Germany, in all of Europe, and perhaps in all countries of the world, if only more such stories could have been told.

There are, of course, explanations of this devastating shortage, and they have been repeated many times. I shall give the gist of them in the words of one of the few subjectively sincere memoirs of the war published in Germany. Peter Bamm, a German Army physician who served at the Russian front, tells in Die Unsichtbare Flagge (1952) of the killing of Jews in Sevastopol. They were collected by “the others,” as he calls the S.S. mobile killing units, to distinguish them from ordinary soldiers, whose decency the book extols, and were put into a sealed-off part of the former G.P.U. prison that abutted on the officer's lodgings, where Bamm's own unit was quartered. They were then made to board a mobile gas van, in which they died after a few minutes, whereupon the driver transported the corpses outside the city and unloaded them into tank ditches. “We knew this. We did nothing. Anyone who had seriously protested or done anything against the killing unit would have been arrested within twenty-four hours and would have disappeared. It belongs among the refinements of totalitarian governments in our century that they don't permit their opponents to die a great, dramatic martyr's death for their convictions. A good many of us might have accepted such a death. The totalitarian state lets its opponents disappear in silent anonymity. It is certain that anyone who had dared to suffer death rather than silently tolerate the crime would have sacrificed his life in vain. This is not to say that such a sacrifice would have been morally meaningless. It would only have been practically useless. None of us had a conviction so deeply rooted that we could have taken upon ourselves a practically useless sacrifice for the sake of a higher moral meaning.” Needless to add, the writer remains unaware of the emptiness of his much emphasized “decency” in the absence of what he calls a “higher moral meaning.”

But the hollowness of respectability—for decency under such circumstances is no more than respectability—was not what became apparent in the example afforded by Sergeant Anton Schmidt. Rather it was the fatal flaw in the argument itself, which at first sounds so hopelessly plausible. It is true that totalitarian domination tried to establish these holes of oblivion into which all deeds, good and evil, would disappear, but just as the Nazis' feverish attempts, from June, 1942, on, to erase all traces of the massacres—through cremation, through burning in open pits, through the use of explosives and flame-throwers and bone-crushing machinery—were doomed to failure, so all efforts to let their opponents “disappear in silent anonymity” were in vain. The holes of oblivion do not exist. Nothing human is that perfect, and there are simply too many people in the world to make oblivion possible. One man will always be left alive to tell the story. Hence, nothing can ever be “practically useless,” at least, not in the long run. It would be of great practical usefulness for Germany today, not merely for her prestige abroad but for her sadly confused inner condition, if there were more such stories to be told. For the lesson of such stories is simple and within everybody's grasp. Politically speaking, it is that under conditions of terror most people will comply but some people will not, just as the lesson of the countries to which the Final Solution was proposed is that “it could happen” in most places but it did not happen everywhere. Humanly speaking, no more is required, and no more can reasonably be asked, for this planet to remain a place fit for human habitation.

XV: Judgment, Appeal, and Execution

Eichmann spent the last months of the war cooling his heels in Berlin, with nothing to do, cut by the other department heads in the R.S.H.A., who had lunch together every day in the building where he had his office but did not once ask him to join them. He kept himself busy with his defense installations, so as to be ready for “the last battle” for Berlin, and, as his only official duty, paid occasional visits to Theresienstadt, where he showed Red Cross delegates around. To them, of all people, he unburdened his soul about Himmler's new “humane line” in regard to the Jews, which included an avowed determination to have, “next time,” concentration camps after “the English model.” In April, 1945, Eichmann had the last of his rare interviews with Himmler, who ordered him to select “a hundred to two hundred prominent Jews in Theresienstadt,” transport them to Austria, and install them in hotels, so that Himmler could use them as “hostages” in his forthcoming negotiations with Eisenhower. The absurdity of this commission seems not to have dawned upon Eichmann; he went, “with grief in my heart, as I had to desert my defense installations,” but he never reached Theresienstadt, because all the roads were blocked by the approaching Russian armies. Instead, he ended up at Alt-Aussee, in Austria, where Kaltenbrunner had taken refuge. Kaltenbrunner had no interest in Himmler's “prominent Jews,” and told Eichmann to organize a commando for partisan war-fare in the Austrian mountains. Eichmann responded with the greatest enthusiasm: “This was again something worth doing, a task I enjoyed.” But just as he had collected some hundred more or less unfit men, most of whom had never seen a rifle, and had taken possession of an arsenal of abandoned weapons of all sorts, he received the latest Himmler order: “No fire is to be opened on English and Americans.” This was the end. He sent his men home and gave a small strongbox containing paper money and gold coins to his trusted legal adviser, Regierungsrat Hunsche: “Because, I said to myself, he is a man from the higher civil services, he will be correct in the management of funds, he will put down his expenses… for I still believed that accounts would be demanded some day.”

With these words Eichmann had to conclude the autobiography he had spontaneously given the police examiner. It had taken only a few days, and filled no more than 315 of the 3,564 pages copied off the tape-recorder. He would like to have gone on, and he obviously did tell the rest of the story to the police, but the trial authorities, for various reasons, had decided not to admit any testimony covering the time after the close of the war. However, from affidavits given at Nuremberg, and, more important, from a much discussed indiscretion on the part of a former Israeli civil servant, Moshe Pearlman, whose book The Capture of Adolf Eichmann appeared in London four weeks before the trial opened, it is possible to complete the story; Mr. Pearlman's account was obviously based upon material from Bureau 06, the police office that was in charge of the preparations for the trial. (Mr. Pearlman's own version was that since he had retired from government service three weeks before Eichmann was kidnaped, he had written the book as a “private individual,” which is not very convincing, because the Israeli police must have known of the impending capture several months before his retirement.) The book caused some embarrassment in Israel, not only because Mr. Pearlman had been able to divulge information about important prosecution documents prematurely and had stated that the trial authorities had already made up their minds about the untrustworthiness of Eichmann's testimony, but because a reliable account of how Eichmann was captured in Buenos Aires was of course the last thing they wanted to have published.

The story told by Mr. Pearlman was considerably less exciting than the various rumors upon which previous tales had been based. Eichmann had never been in the Near East or the Middle East, he had no connection with any Arab country, he had never returned to Germany from Argentina, he had never been to any other Latin American country, he had played no role in postwar Nazi activities or organizations. At the end of the war, he had tried to speak once more with Kaltenbrunner, who was still in Alt-Aussee, playing solitaire, but his former chief was in no mood to receive him, since “for this man he saw no chances any more.” (Kaltenbrunner's own chances were not so very good either, he was hanged at Nuremberg.) Almost immediately thereafter, Eichmann was caught by American soldiers and put in a camp for S.S. men, where numerous interrogations failed to uncover his identity, although it was known to some of his fellow-prisoners. He was cautious and did not write to his family, but let them believe he was dead; his wife tried to obtain a death certificate, but failed when it was discovered that the only “eyewitness” to her husband's death was her brother-in-law. She had been left penniless, but Eichmann's family in Linz supported her and the three children.

In November, 1945, the trials of the major war criminals opened in Nuremberg, and Eichmann's name began to appear with uncomfortable regularity. In January, 1946, Wisliceny appeared as a witness for the prosecution and gave his damning evidence, whereupon Eichmann decided that he had better disappear. He escaped from the camp, with the help of the inmates, and went to the Lüneburger Heide, a heath about fifty miles south of Hamburg, where the brother of one of his fellow-prisoners provided him with work as a lumberjack. He stayed there, under the name of Otto Heninger, for four years, and he was probably bored to death. Early in 1950, he succeeded in establishing contact with ODESSA, a clandestine organization of S.S. veterans, and in May of that year he was passed through Austria to Italy, where a Franciscan priest, fully informed of his identity, equipped him with a refugee passport in the name of Richard Klement and sent him on to Buenos Aires. He arrived in mid-July and, without any difficulty, obtained identification papers and a work permit as Ricardo Klement, Catholic, a bachelor, stateless, aged thirty-seven—seven years less than his real age.

He was still cautious, but he now wrote to his wife in his own handwriting and told her that “her children's uncle” was alive. He worked at a number of odd jobs—sales representative, laundry man, worker on a rabbit farm—all poorly paid, but in the summer of 1952 he had his wife and children join him. (Mrs. Eichmann obtained a German passport in Zurich, Switzerland, though she was a resident of Austria at the time, and under her real name, as a “divorcée” from a certain Eichmann. How this came about has remained a mystery, and the file containing her application has disappeared from the German consulate in Zurich.) Upon her arrival in Argentina, Eichmann got his first steady job, in the Mercedes-Benz factory in Suarez, a suburb of Buenos Aires, first as a mechanic and later as a foreman, and when a fourth son was born to him, he remarried his wife, supposedly under the name of Klement. This is not likely, however, for the infant was registered as Ricardo Francisco (presumably as a tribute to the Italian priest) Klement Eichmann, and this was only one of many hints that Eichmann dropped in regard to his identity as the years went by. It does seem to be true, however, that he told his children he was Adolf Eichmann's brother, though the children, being well acquainted with their grandparents and uncles in Linz, must have been rather dull to believe it; the oldest son, at least, who had been nine years old when he last saw his father, should have been able to recognize him seven years later in Argentina. Mrs. Eichmann's Argentine identity card, moreover, was never changed (it read “Veronika Liebl de Eichmann”), and in 1959, when Eichmann's stepmother died, and a year later, when his father died, the newspaper announcements in Linz carried Mrs. Eichmann's name among the survivors, contradicting all stories of divorce and remarriage. Early in 1960, a few months before his capture, Eichmann and his elder sons finished building a primitive brick house in one of the poor suburbs of Buenos Aires—no electricity, no running water— where the family settled down. They must have been very poor, and Eichmann must have led a dreary life, for which not even the children could compensate, for they showed “absolutely no interest in being educated and did not even try to develop their so-called talents.”

Eichmann's only compensation consisted in talking endlessly with members of the large Nazi colony, to whom he readily admitted his identity. In 1955, this finally led to the interview with the Dutch journalist Willem S. Sassen, a former member of the Armed S.S. who had exchanged his Dutch nationality for a German passport during the war and had later been condemned to death in absentia in Belgium as a war criminal. Eichmann made copious notes for the interview, which was tape-recorded and then rewritten by Sassen, with considerable embellishments; the notes in Eichmann's own handwriting were discovered and they were admitted as evidence at his trial, though the statement as a whole was not. Sassen's version appeared in abbreviated form first in the German illustrated magazine Der Stern, in July, 1960, and then, in November and December, as a series of articles in Life. But Sassen, obviously with Eichmann's consent, had offered the story four years before to a Time-Life correspondent in Buenos Aires, and even if it is true that Eichmann's name was withheld, the content of the material could have left no doubt about the original source of the information. The truth of the matter is that Eichmann had made many efforts to break out of his anonymity, and it is rather strange that it took the Israeli Secret Services several years—until August, 1959—to learn that Adolf Eichmann was living in Argentina under the name of Ricardo Klement. Israel has never divulged the source of her information, and today at least half a dozen persons claim they found Eichmann, while “well-informed circles” in Europe insist that it was the Russian Intelligence service that spilled the news. However that may have been, the puzzle is not how it was possible to discover Eichmann's hideout but, rather, how it was possible not to discover it earlier—provided, of course, that the Israelis had indeed pursued this search through the years. Which, in view of the facts, seems doubtful.

No doubt, however, exists about the identity of the captors. All talk of private “avengers” was contradicted at the outset by Ben-Gurion himself, who on May 23, 1960, announced to Israel's wildly cheering Knesset that Eichmann had been “found by the Israeli Secret Service.” Dr. Servatius, who tried strenuously and unsuccessfully both before the District Court and before the Court of Appeal to call Zvi Tohar, chief pilot of the El-Al plane that flew Eichmann out of the country, and Yad Shimoni, an official of the air line in Argentina, as witnesses, mentioned Ben-Gurion's statement; the Attorney General countered by saying that the Prime Minister had “admitted no more than that Eichmann was found out by the Secret Service,” not that he also had been kidnaped by government agents. Well, in actual fact, it seems that it was the other way round: Secret Service men had not “found” him but only picked him up, after making a few preliminary tests to assure themselves that the information they had received was true. And even this was not done very expertly, for Eichmann had been well aware that he was being shadowed: “I told you that months ago, I believe, when I was asked if I had known that I was found out, and I could give you then precise reasons [that is, in the part of the police examination that was not released to the press]…. I learned that people in my neighborhood had made inquiries about real-estate purchases and so on and so forth for the establishment of a factory for sewing machines—a thing that was quite impossible, since there existed neither electricity nor water in that area. Furthermore, I was informed that these people were Jews from North America. I could easily have disappeared, but I did not do it, I just went on as usual, and let things catch up with me. I could have found employment without any difficulty, with my papers and references. But I did not want that.”

There was more proof than was revealed in Jerusalem of his willingness to go to Israel and stand trial. Counsel for the defense, of course, had to stress the fact that, after all, the accused had been kidnaped and “brought to Israel in conflict with international law,” because this enabled the defense to challenge the right of the court to prosecute him, and though neither the prosecution nor the judges ever admitted that the kidnaping had been an “act of state,” they did not deny it either. They argued that the breach of international law concerned only the states of Argentina and Israel, not the rights of the defendant, and that this breach was “cured” through the joint declaration of the two governments, on August 3, 1960, that they “resolved to view as settled the incident which was caused in the wake of the action of citizens of Israel which violated the basic rights of the State of Argentina.” The court decided that it did not matter whether these Israelis were government agents or private citizens. What neither the defense nor the court mentioned was that Argentina would not have waived her rights so obligingly had Eichmann been an Argentine citizen. He had lived there under an assumed name, thereby denying himself the right to government protection, at least as Ricardo Klement (born on May 23, 1913, at Bolzano—in Southern Tyrol—as his Argentine identity card stated), although he had declared himself of “German nationality.” And he had never invoked the dubious right of asylum, which would not have helped him anyhow, since Argentina, although she has in fact offered asylum to many known Nazi criminals, had signed an International Convention declaring that the perpetrators of crimes against humanity “will not be deemed to be political criminals.” All this did not make Eichmann stateless, it did not legally deprive him of his German nationality, but it gave the West German republic a welcome pretext for withholding the customary protection due its citizens abroad. In other words, and despite pages and pages of legal argument, based on so many precedents that one finally got the impression that kidnaping was among the most frequent modes of arrest, it was Eichmann's de facto statelessness, and nothing else, that enabled the Jerusalem court to sit in judgment on him. Eichmann, though no legal expert, should have been able to appreciate that, for he knew from his own career that one could do as one pleased only with stateless people; the Jews had had to lose their nationality before they could be exterminated. But he was in no mood to ponder such niceties, for if it was a fiction that he had come voluntarily to Israel to stand trial, it was true that he had made fewer difficulties than anybody had expected. In fact, he had made none.

On May 11, 1960, at six-thirty in the evening, when Eichmann alighted, as usual, from the bus that brought him home from his place of work, he was seized by three men and, in less than a minute, bundled into a waiting car, which took him to a previously rented house in a remote suburb of Buenos Aires. No drugs, no ropes, no handcuffs were used, and Eichmann immediately recognized that this was professional work, as no unnecessary violence had been applied; he was not hurt. Asked who he was, he instantly said: “Ich bin Adolf Eichmann,” and, surprisingly, added: “I know I am in the hands of Israelis.” (He later explained that he had read in some newspaper of Ben-Gurion's order that he be found and caught.) For eight days, while the Israelis were waiting for the El-Al plane that was to carry them and their prisoner to Israel, Eichmann was tied to a bed, which was the only aspect of the whole affair that he complained about, and on the second day of his captivity he was asked to state in writing that he had no objection to being tried by an Israeli court. The statement was, of course, already prepared, and all he was supposed to do was to copy it. To everybody's surprise, however, he insisted on writing his own text, for which, as can be seen from the following lines, he probably used the first sentences of the prepared statement: “I, the undersigned, Adolf Eichmann, hereby declare out of my own free will that since now my true identity has been revealed, I see clearly that it is useless to try and escape judgment any longer. I hereby express my readiness to travel to Israel to face a court of judgment, an authorized court of law. It is clear and understood that I shall be given legal advice [thus far, he probably copied], and I shall try to write down the facts of my last years of public activities in Germany, without any embellishments, in order that future generations will have a true picture. This declaration I declare out of my own free will, not for promises given and not because of threats. I wish to be at peace with myself at last. Since I cannot remember all the details, and since I seem to mix up facts, I request assistance by putting at my disposal documents and affidavits to help me in my effort to seek the truth.” Signed: “Adolf Eichmann, Buenos Aires, May 1960.” (This document, though doubtless genuine, has one peculiarity: its date omits the day it was signed. The omission gives rise to the suspicion that the letter was written not in Argentina but in Jerusalem, where Eichmann arrived on May 22. The letter was needed less for the trial, during which the prosecution did submit it as evidence, but without attaching much importance to it, than for Israel's first explanatory official note to the Argentine government, to which it was duly attached. Servatius, who asked Eichmann about the letter in court, did not mention the peculiarity of the date, and Eichmann could not very well mention it himself since, upon being asked a leading question by his lawyer, he confirmed, though somewhat reluctantly, that he had given the statement under duress, while tied to the bed in the Buenos Aires suburb. The prosecutor, who may have known better, did not cross-examine him on this point; clearly, the less said about this matter the better.) Mrs. Eichmann had notified the Argentine police of her husband's disappearance, but without revealing his identity, so no check of railway stations, highways, and air-fields was made. The Israelis were lucky, they would never have been able to spirit Eichmann out of the country ten days after his capture if the police had been properly alerted.