While Eichmann may never have encountered an “inner emigrant,” he must have been well acquainted with many of those numerous civil servants who today assert that they stayed in their jobs for no other reason than to “mitigate” matters and to prevent “real Nazis” from taking over their posts. We mentioned the famous case of Dr. Hans Globke, Undersecretary of State and from 1953 to 1963 chief of the personnel division in the West German Chancellery. Since he was the only civil servant in this category to be mentioned during the trial, it may be worth while to look into his mitigating activities. Dr. Globke had been employed in the Prussian Ministry of the Interior before Hitler's rise to power, and had shown there a rather premature interest in the Jewish question. He formulated the first of the directives in which “proof of Aryan descent” was demanded, in this case of persons who applied for permission to change their names. This circular letter of December, 1932—issued at a time when Hitler's rise to power was not yet a certainty, but a strong probability—oddly anticipated the “top secret decrees,” that is, the typically totalitarian rule by means of laws that are not brought to the attention of the public, which the Hitler regime introduced much later, in notifying the recipients that “these directives are not for publication.” Dr. Globke, as I have mentioned, kept his interest in names, and since it is true that his Commentary on the Nuremberg Laws of 1935 was considerably harsher than the earlier interpretation of Rassenschande by the Ministry of the Interior's expert on Jewish affairs, Dr. Bernhard Lösener, an old member of the Party, one could even accuse him of having made things worse than they were under “real Nazis.” But even if we were to grant him all his good intentions, it is hard indeed to see what he could have done under the circumstances to make things better than they would otherwise have been. Recently, however, a German newspaper, after much searching, came up with an answer to this puzzling question. They found a document, duly signed by Dr. Globke, which decreed that Czech brides of German soldiers had to furnish photographs of themselves in bathing suits in order to obtain a marriage license. And Dr. Globke explained: “With this confidential ordinance a three-year-old scandal was somewhat mitigated”; for until his intervention, Czech brides had to furnish snapshots that showed them stark naked.
Dr. Globke, as he explained at Nuremberg, was fortunate in that he worked under the orders of another “mitigator,” Staatssekretär (Undersecretary of State) Wilhelm Stuckart, whom we met as one of the eager members of the Wannsee Conference. Stuckart's attenuation activities concerned half-Jews, whom he proposed to sterilize. (The Nuremberg court, in possession of the minutes of the Wannsee Conference, may not have believed that he had known nothing of the extermination program, but it sentenced him to time served on account of ill health. A German denazification court fined him five hundred marks and declared him a “nominal member of the Party”—a Mitläufer— although they must have known at least that Stuckart belonged to the “old guard” of the Party and had joined the S.S. early, as an honorary member.) Clearly, the story of the “mitigators” in Hitler's offices belongs among the postwar fairy tales, and we can dismiss them, too, as voices that might possibly have reached Eichmann's conscience.
The question of these voices became serious, in Jerusalem, with the appearance in court of Propst Heinrich Grüber, a Protestant minister, who had come to the trial as the only German (and, incidentally, except for Judge Michael Musmanno from the United States, the only non-Jewish) witness for the prosecution. (German witnesses for the defense were excluded from the outset, since they would have exposed themselves to arrest and prosecution in Israel under the same law as that under which Eichmann was tried.) Propst Grüber had belonged to the numerically small and politically irrelevant group of persons who were opposed to Hitler on principle, and not out of nationalist considerations, and whose stand on the Jewish question had been without equivocation. He promised to be a splendid witness, since Eichmann had negotiated with him several times, and his mere appearance in the courtroom created a kind of sensation. Unfortunately, his testimony was vague; he did not remember, after so many years, when he had spoken with Eichmann, or, and this was more serious, on what subjects. All he recalled clearly was that he had once asked for unleavened bread to be shipped to Hungary for Passover, and that he had traveled to Switzerland during the war to tell his Christian friends how dangerous the situation was and to urge that more opportunities for emigration be provided. (The negotiations must have taken place prior to the implementing of the Final Solution, which coincided with Himmler's decree forbidding all emigration; they probably occurred before the invasion of Russia.) He got his unleavened bread, and he got safely to Switzerland and back again. His troubles started later, when the deportations had begun. Propst Grüber and his group of Protestant clergymen first intervened merely “on behalf of people who had been wounded in the course of the First World War and of those who had been awarded high military decorations; on behalf of the old and on behalf of the widows of those killed in World War I.” These categories corresponded to those that had originally been exempted by the Nazis themselves. Now Grüber was told that what he was doing “ran counter to the policy of the government,” but nothing serious happened to him. But shortly after this, Propst Grüber did something really extraordinary: he tried to reach the concentration camp of Gurs, in southern France, where Vichy France had interned, together with German Jewish refugees, some seventy-five hundred Jews from Baden and the Saarpfalz whom Eichmann had smuggled across the German-French border in the fall of 1940, and who, according to Propst Griiber's information, were even worse off than the Jews deported to Poland. The result of this attempt was that he was arrested and put in a concentration camp—first in Sachsenhausen and then in Dachau. (A similar fate befell the Catholic priest Dompropst Bernard Lichtenberg, of St. Hedwig's Cathedral in Berlin; he not only had dared to pray publicly for all Jews, baptized or not—which was considerably more dangerous than to intervene for “special cases”—but he had also demanded that he be allowed to join the Jews on their journey to the East. He died on his way to a concentration camp.)
Apart from testifying to the existence of “another Germany,” Propst Grübber did not contribute much to either the legal or the historical significance of the trial. He was full of pat judgments about Eichmann—he was like “a block of ice,” like “marble,” a “Landsknechtsnatur,” a “bicycle rider” (a current German idiom for someone who kowtows to his superiors and kicks his subordinates)—none of which showed him as a particularly good psychologist, quite apart from the fact that the “bicycle rider” charge was contradicted by evidence which showed Eichmann to have been rather decent toward his subordinates. Anyway, these were interpretations and conclusions that would normally have been stricken from any court record— though in Jerusalem they even found their way into the judgment. Without them Propst Grüber's testimony could have strengthened the case for the defense, for Eichmann had never given Grüber a direct answer, he had always told him to come back, as he had to ask for further instructions. More important, Dr. Servatius for once took the initiative and asked the witness a highly pertinent question: “Did you try to influence him? Did you, as a clergyman, try to appeal to his feelings, preach to him, and tell him that his conduct was contrary to morality?” Of course, the very courageous Propst had done nothing of the sort, and his answers now were highly embarrassing. He said that “deeds are more effective than words,” and that “words would have been useless”; he spoke in clichés that had nothing to do with the reality of the situation, where “mere words” would have been deeds, and where it had perhaps been the duty of a clergyman to test the “uselessness of words.”
Even more pertinent than Dr. Servatius’ question was what Eichmann said about this episode in his last statement: “Nobody,” he repeated, “came to me and reproached me for anything in the performance of my duties. Not even Pastor Grüber claims to have done so.” He then added: “He came to me and sought alleviation of suffering, but did not actually objec
t to the very performance of my duties as such.” From Propst Grüber's own testimony, it appeared that he sought not so much “alleviation of suffering” as exemptions from it, in accordance with well-established categories recognized earlier by the Nazis. The categories had been accepted without protest by German Jewry from the very beginning. And the acceptance of privileged categories—German Jews as against Polish Jews, war veterans and decorated Jews as against ordinary Jews, families whose ancestors were German-born as against recently naturalized citizens, etc.—had been the beginning of the moral collapse of respectable Jewish society. (In view of the fact that today such matters are often treated as though there existed a law of human nature compelling everybody to lose his dignity in the face of disaster, we may recall the attitude of the French Jewish war veterans who were offered the same privileges by their government, and replied: “We solemnly declare that we renounce any exceptional benefits we may derive from our status as ex-servicemen” [American Jewish Yearbook, 1945].) Needless to say, the Nazis themselves never took these distinctions seriously, for them a Jew was a Jew, but the categories played a certain role up to the very end; since they helped put to rest a certain uneasiness among the German population: only Polish Jews were deported, only people who had shirked military service, and so on. For those who did not want to close their eyes it must have been clear from the beginning that it “was a general practice to allow certain exceptions in order to be able to maintain the general rule all the more easily” (in the words of Louis de Jong in an illuminating article on “Jews and Non-Jews in Nazi-Occupied Holland”).
What was morally so disastrous in the acceptance of these privileged categories was that everyone who demanded to have an “exception” made in his case implicitly recognized the rule, but this point, apparently, was never grasped by these “good men,” Jewish and Gentile, who busied themselves about all those “special cases” for which preferential treatment could be asked. The extent to which even the Jewish victims had accepted the standards of the Final Solution is perhaps nowhere more glaringly evident than in the so-called Kastner Report (available in German, Der Kastner-Bericht über Eichmanns Menschenhandel in Ungarn, 1961). Even after the end of the war, Kastner was proud of his success in saving “prominent Jews,” a category officially introduced by the Nazis in 1942, as though in his view, too, it went without saying that a famous Jew had more right to stay alive than an ordinary one; to take upon himself such “responsibilities”—to help the Nazis in their efforts to pick out “famous” people from the anonymous mass, for this is what it amounted to—“required more courage than to face death.” But if the Jewish and Gentile pleaders of “special cases” were unaware of their involuntary complicity, this implicit recognition of the rule, which spelled death for all non-special cases, must have been very obvious to those who were engaged in the business of murder. They must have felt, at least, that by being asked to make exceptions, and by occasionally granting them, and thus earning gratitude, they had convinced their opponents of the lawfulness of what they were doing.
Moreover, Propst Grüber and the Jerusalem court were quite mistaken in assuming that requests for exemptions originated only with opponents of the regime. On the contrary, as Heydrich explicitly stated during the Wannsee Conference, the establishment of Theresienstadt as a ghetto for privileged categories was prompted by the great number of such interventions from all sides. Theresienstadt later became a showplace for visitors from abroad and served to deceive the outside world, but this was not its original raison d’être. The horrible thinning-out process that regularly occurred in this “paradise” — “distinguished from other camps as day is from night,” as Eichmann necessary because there was never enough room to provide for all who were privileged, and we know from a directive issued by Ernst Kaltenbrunner, head of the R.S.H.A., that “special care was taken not to deport Jews with connections and important acquaintances in the outside world.” In other words, the less “prominent” Jews were constantly sacrificed to those whose disappearance in the East would create unpleasant inquiries. The “acquaintances in the outside world” did not necessarily live outside Germany; according to Himmler, there were “eighty million good Germans, each of whom has his decent Jew. It is clear, the others are pigs, but this particular Jew is first-rate” (Hilberg). Hitler himself is said to have known three hundred and forty “first-rate Jews,” whom he had either altogether assimilated to the status of Germans or granted the privileges of half-Jews. Thousands of half-Jews had been exempted from all restrictions, which might explain Heydrich's role in the S.S. and Generalfeldmarschall Erhard Milch's role in Göring's Air Force, for it was generally known that Heydrich and Milch were half-Jews. (Among the major war criminals, only two repented in the face of death: Heydrich, during the nine days it took him to die from the wounds inflicted by Czech patriots, and Hans Frank in his death cell at Nuremberg. It is an uncomfortable fact, for it is difficult not to suspect that what Heydrich at least repented of was not murder but that he had betrayed his own people.) If interventions on behalf of “prominent” Jews came from “prominent” people, they often were quite successful. Thus Sven Hedin, one of Hitler's most ardent admirers, intervened for a well-known geographer, a Professor Philippsohn of Bonn, who was “living under undignified conditions at Theresienstadt”; in a letter to Hitler, Hedin threatened that “his attitude to Germany would be dependent upon Philippsohn's fate,” whereupon (according to H. G. Adler's book on Theresienstadt) Mr. Philippsohn was promptly provided with better quarters.
In Germany today, this notion of “prominent” Jews has not yet been forgotten. While the veterans and other privileged groups are no longer mentioned, the fate of “famous” Jews is still deplored at the expense of all others. There are more than a few people, especially among the cultural élite, who still publicly regret the fact that Germany sent Einstein packing, without realizing that it was a much greater crime to kill little Hans Cohn from around the corner, even though he was no genius.
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VIII: Duties of a Law-Abiding Citizen
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So Eichmann's opportunities for feeling like Pontius Pilate were many, and as the months and the years went by, he lost the need to feel anything at all. This was the way things were, this was the new law of the land, based on the Führer's order; whatever he did he did, as far as he could see, as a law-abiding citizen. He did his duty, as he told the police and the court over and over again; he not only obeyed orders, he also obeyed the law. Eichmann had a muddled inkling that this could be an important distinction, but neither the defense nor the judges ever took him up on it. The well-worn coins of “superior orders” versus “acts of state” were handed back and forth; they had governed the whole discussion of these matters during the Nuremberg Trials, for no other reason than that they gave the illusion that the altogether unprecedented could be judged according to precedents and the standards that went with them. Eichmann, with his rather modest mental gifts, was certainly the last man in the courtroom to be expected to challenge these notions and to strike out on his own. Since, in addition to performing what he conceived to be the duties of a law-abiding citizen, he had also acted upon orders—always so careful to be “covered”—he became completely muddled, and ended by stressing alternately the virtues and the vices of blind obedience, or the “obedience of corpses,” Kadavergehorsam, as he himself called it.
The first indication of Eichmann's vague notion that there was more involved in this whole business than the question of the soldier's carrying out orders that are clearly criminal in nature and intent appeared during the police examination, when he suddenly declared with great emphasis that he had lived his whole life according to Kant's moral precepts, and especially according to a Kantian definition of duty. This was outrageous, on the face of it, and also incomprehensible, since Kant's moral philosophy is so closely bound up with man's faculty of judgment, which rules out blind obedience. The examining officer did not
press the point, but Judge Raveh, either out of curiosity or out of indignation at Eichmann's having dared to invoke Kant's name in connection with his crimes, decided to question the accused. And, to the surprise of everybody, Eichmann came up with an approximately correct definition of the categorical imperative: “I meant by my remark about Kant that the principle of my will must always be such that it can become the principle of general laws” (which is not the case with theft or murder, for instance, because the thief or the murderer cannot conceivably wish to live under a legal system that would give others the right to rob or murder him). Upon further questioning, he added that he had read Kant's Critique of Practical Reason. He then proceeded to explain that from the moment he was charged with carrying out the Final Solution he had ceased to live according to Kantian principles, that he had known it, and that he had consoled himself with the thought that he no longer “was master of his own deeds,” that he was unable “to change anything.” What he failed to point out in court was that in this “period of crimes legalized by the state,” as he himself now called it, he had not simply dismissed the Kantian formula as no longer applicable, he had distorted it to read: Act as if the principle of your actions were the same as that of the legislator or of the law of the land—or, in Hans Frank's formulation of “the categorical imperative in the Third Reich,” which Eichmann might have known: “Act in such a way that the Führer, if he knew your action, would approve it” (Die Technik des Staates, 1942, pp. 15–16). Kant, to be sure, had never intended to say anything of the sort; on the contrary, to him every man was a legislator the moment he started to act: by using his “practical reason” man found the principles that could and should be the principles of law. But it is true that Eichmann's unconscious distortion agrees with what he himself called the version of Kant “for the household use of the little man.” In this household use, all that is left of Kant's spirit is the demand that a man do more than obey the law, that he go beyond the mere call of obedience and identify his own will with the principle behind the law—the source from which the law sprang. In Kant's philosophy, that source was practical reason; in Eichmann's household use of him, it was the will of the Führer. Much of the horribly painstaking thoroughness in the execution of the Final Solution—a thoroughness that usually strikes the observer as typically German, or else as characteristic of the perfect bureaucrat—can be traced to the odd notion, indeed very common in Germany, that to be law-abiding means not merely to obey the laws but to act as though one were the legislator of the laws that one obeys. Hence the conviction that nothing less than going beyond the call of duty will do.