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February 5 - August 24, 2022
No punishment has ever possessed enough power of deterrence to prevent the commission of crimes. On the contrary, whatever the punishment, once a specific crime has appeared for the first time, its reappearance is more likely than its initial emergence could ever have been.
the failure of the Jerusalem court consisted in its not coming to grips with three fundamental issues, all of which have been sufficiently well known and widely discussed since the establishment of the Nuremberg Tribunal: the problem of impaired justice in the court of the victors; a valid definition of the “crime against humanity”; and a clear recognition of the new criminal who commits this crime.
justice was more seriously impaired in Jerusalem than it was at Nuremberg, because the court did not admit witnesses for the defense.
At no point, however, either in the proceedings or in the judgment, did the Jerusalem trial ever mention even the possibility that extermination of whole ethnic groups—the Jews, or the Poles, or the Gypsies—might be more than a crime against the Jewish or the Polish or the Gypsy people, that the international order, and mankind in its entirety, might have been grievously hurt and endangered.
The trouble with Eichmann was precisely that so many were like him, and that the many were neither perverted nor sadistic, that they were, and still are, terribly and terrifyingly normal.
From the viewpoint of our legal institutions and of our moral standards of judgment, this normality was much more terrifying than all the atrocities put together, for it implied—as had been said at Nuremberg over and over again by the defendants and their counsels—that this new type of criminal, who is in actual fact hostis generis humani, commits his crimes under circumstances that make it well-nigh impossible for him to know or to feel that he is doing wrong.
Would any one of them have suffered from a guilty conscience if they had won?
politics is not like the nursery; in politics obedience and support are the same.
As is frequently the case in discussions that are conducted with a great show of emotion, the down-to-earth interests of certain groups, whose excitement is entirely concerned with factual matters and who therefore try to distort the facts, become quickly and inextricably involved with the untrammeled inspirations of intellectuals who, on the contrary, are not in the least interested in facts but treat them merely as a springboard for “ideas.”
This book, then, does not deal with the history of the greatest disaster that ever befell the Jewish people, nor is it an account of totalitarianism, or a history of the German people in the time of the Third Reich, nor is it, finally and least of all, a theoretical treatise on the nature of evil. The focus of every trial is upon the person of the defendant,
All this has often been argued, and especially by those who will not rest until they have discovered an “Eichmann in every one of us.” If the defendant is taken as a symbol and the trial as a pretext to bring up matters which are apparently more interesting than the guilt or innocence of one person, then consistency demands that we bow to the assertion made by Eichmann and his lawyer: that he was brought to book because a scapegoat was needed, not only for the German Federal Republic, but also for the events as a whole and for what made them possible—that is, for anti-Semitism and totalitarian
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I held and hold the opinion that this trial had to take place in the interests of justice and nothing else.
an authentic controversy might have arisen over the subtitle of the book; for when I speak of the banality of evil, I do so only on the strictly factual level, pointing to a phenomenon which stared one in the face at the trial. Eichmann was not Iago and not Macbeth, and nothing would have been farther from his mind than to determine with Richard III “to prove a villain.” Except for an extraordinary diligence in looking out for his personal advancement, he had no motives at all. And this diligence in itself was in no way criminal; he certainly would never have murdered his superior in order to
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That such remoteness from reality and such thoughtlessness can wreak more havoc than all the evil instincts taken together which, perhaps, are inherent in man—that was, in fact, the lesson one could learn in Jerusalem.
We heard the protestations of the defense that Eichmann was after all only a “tiny cog” in the machinery of the Final Solution, and of the prosecution, which believed it had discovered in Eichmann the actual motor. I myself attributed no more importance to both theories than did the Jerusalem court, since the whole cog theory is legally pointless and therefore it does not matter at all what order of magnitude is assigned to the “cog” named Eichmann.
it is as if a criminal pointed to the statistics on crime—which set forth that so-and-so many crimes per day are committed in such-and-such a place—and declared that he only did what was statistically expected, that it was mere accident that he did it and not somebody else, since after all somebody had to do it.
the essence of totalitarian government, and perhaps the nature of every bureaucracy, is to make functionaries and mere cogs in the administrative machinery out of men, and thus to dehumanize them.
the rule of Nobody, which is what the political form known as bureaucracy truly is.
one must realize clearly that the administration of justice can consider these factors only to the extent that they are circumstances of the crime—just as, in a case of theft, the economic plight of the thief is taken into account ...
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When Hitler said that a day would come in Germany when it would be considered a “disgrace” to be a jurist, he was speaking with utter consistency of his dream of a perfect bureaucracy.
What we have demanded in these trials, where the defendants had committed “legal” crimes, is that human beings be capable of telling right from wrong even when all they have to guide them is their own judgment, which, moreover, happens to be completely at odds with what they must regard as the unanimous opinion of all those around them.
They had to decide each instance as it arose, because no rules existed for the unprecedented.
The argument that we cannot judge if we were not present and involved ourselves seems to convince everyone everywhere, although it seems obvious that if it were true, neither the administration of justice nor the writing of history would ever be possible.