Upheaval: Turning Points for Nations in Crisis

by Jared Diamond

Bauer’s prosecutions attracted wide attention within Germany. More than anything else, they revealed to Germans of the 1960’s what Germans of the 1930’s and 1940’s had been doing during the Nazi era. The Nazi defendants being prosecuted by Bauer all tended to offer the same set of excuses: I was merely following orders; I was conforming to the standards and laws of my society at the time; I was not the person who had responsibility for those people getting killed; I merely organized railroad transport of Jews being transported to extermination camps; I was just a pharmacist or a guard at Auschwitz; I didn’t personally kill anyone myself; I was blinded by belief in authority and ideology proclaimed by the Nazi government, and that made me incapable of recognizing that what I was doing was wrong. Bauer’s response, which he formulated again and again at the trials and in public, was as follows. Those Germans whom he was prosecuting were committing crimes against humanity. The laws of the Nazi state were illegitimate. One cannot defend one’s actions by saying that one was obeying those laws. There is no law that can justify a crime against humanity. Everybody must have his own sense of right and wrong and must obey it, independently of what a state government says. Anyone who takes part in what Bauer called a murder machine, such as the Auschwitz extermination apparatus, thereby becomes guilty of a crime. In addition, it became clear that many of the defendants whom he put on ...

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