East West Street: On the Origins of "Genocide" and "Crimes Against Humanity"

by Philippe Sands

Did you ever participate in the annihilation of Jews? Frank reflected, his face quizzical. He offered a carefully crafted response. “I say ‘yes,’ and the reason why I say ‘yes’ is because, having lived through the five months of this trial, and particularly after having heard the testimony of the witness Hoess, my conscience does not allow me to throw the responsibility solely on these minor people.” The words caused a commotion among the defendants, which he must have noticed. He wanted to be clear about what he was saying: he never personally installed an extermination camp or promoted their existence. Nevertheless, Hitler had laid a dreadful responsibility on his people, so it was his responsibility too. One step forward, one step back. “We have fought against Jewry for years.” These words he was bound to recognize. Yes, he’d made “the most horrible utterances”; the diaries bore witness against him, no escaping that. “Therefore, it is no more than my duty to answer your question in this connection with ‘yes.’ ” The courtroom was silent. Then he said, “A thousand years will pass and still this guilt of Germany will not have been erased.” This was too much for some defendants. Göring was seen to shake his head in disgust, whisper to a neighbor, pass a note along the dock. Another defendant expressed displeasure that Frank associated his individual guilt with that of the entire German people. There was a difference between the responsibility of the individual and that of t...