Выбрать главу

I need scarcely say that I would never have gone to Jerusalem if I had shared these views. I held and hold the opinion that this trial had to take place in the interests of justice and nothing else. I also think the judges were quite right when they stressed in their verdict that “the State of Israel was established and recognized as the State of the Jews,” and therefore had jurisdiction over a crime committed against the Jewish people; and in view of the current confusion in legal circles about the meaning and usefulness of punishment, I was glad that the judgment quoted Grotius, who, for his part, citing an older author, explained that punishment is necessary “to defend the honor or the authority of him who was hurt by the offence so that the failure to punish may not cause his degradation.”

There is of course no doubt that the defendant and the nature of his acts as well as the trial itself raise problems of a general nature which go far beyond the matters considered in Jerusalem. I have attempted to go into some of these problems in the Epilogue, which ceases to be simple reporting. I would not have been surprised if people had found my treatment inadequate, and I would have welcomed a discussion of the general significance of the entire body of facts, which could have been all the more meaningful the more directly it referred to the concrete events. I also can well imagine that 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 inherit his post. He merely, to put the matter colloquially, never realized what he was doing. It was precisely this lack of imagination which enabled him to sit for months on end facing a German Jew who was conducting the police interrogation, pouring out his heart to the man and explaining again and again how it was that he reached only the rank of lieutenant colonel in the S.S. and that it had not been his fault that he was not promoted. In principle he knew quite well what it was all about, and in his final statement to the court he spoke of the “revaluation of values prescribed by the [Nazi] government.” He was not stupid. It was sheer thoughtlessness—something by no means identical with stupidity—that predisposed him to become one of the greatest criminals of that period. And if this is “banal” and even funny, if with the best will in the world one cannot extract any diabolical or demonic profundity from Eichmann, that is still far from calling it commonplace. It surely cannot be so common that a man facing death, and, moreover, standing beneath the gallows, should be able to think of nothing but what he has heard at funerals all his life, and that these “lofty words” should completely becloud the reality of his own death. 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. But it was a lesson, neither an explanation of the phenomenon nor a theory about it.

Seemingly more complicated, but in reality far simpler than examining the strange interdependence of thoughtlessness and evil, is the question of what kind of crime is actually involved here—a crime, moreover, which all agree is unprecedented. For the concept of genocide, introduced explicitly to cover a crime unknown before, although applicable up to a point is not fully adequate, for the simple reason that massacres of whole peoples are not unprecedented. They were the order of the day in antiquity, and the centuries of colonization and imperialism provide plenty of examples of more or less successful attempts of that sort. The expression “administrative massacres” seems better to fill the bill. The term arose in connection with British imperialism; the English deliberately rejected such procedures as a means of maintaining their rule over India. The phrase has the virtue of dispelling the prejudice that such monstrous acts can be committed only against a foreign nation or a different race. There is the well-known fact that Hitler began his mass murders by granting “mercy deaths” to the “incurably ill,” and that he intended to wind up his extermination program by doing away with “genetically damaged” Germans (heart and lung patients). But quite aside from that, it is apparent that this sort of killing can be directed against any given group, that is, that the principle of selection is dependent only upon circumstantial factors. It is quite conceivable that in the automated economy of a not-too-distant future men may be tempted to exterminate all those whose intelligence quotient is below a certain level.

In Jerusalem this matter was inadequately discussed because it is actually very difficult to grasp juridically. 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. In its judgment the court naturally conceded that such a crime could be committed only by a giant bureaucracy using the resources of government. But insofar as it remains a crime—and that, of course, is the premise for a trial—all the cogs in the machinery, no matter how insignificant, are in court forthwith transformed back into perpetrators, that is to say, into human beings. If the defendant excuses himself on the ground that he acted not as a man but as a mere functionary whose functions could just as easily have been carried out by anyone else, 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.

Of course it is important to the political and social sciences that 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. And one can debate long and profitably on the rule of Nobody, which is what the political form known as bureaucracy truly is. Only 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 without excusing the theft, let alone wiping it off the slate. True, we have become very much accustomed by modern psychology and sociology, not to speak of modern bureaucracy, to explaining away the responsibility of the doer for his deed in terms of this or that kind of determinism. Whether such seemingly deeper explanations of human actions are right or wrong is debatable. But what is not debatable is that no judicial procedure would be possible on the basis of them, and that the administration of justice, measured by such theories, is an extremely unmodern, not to say outmoded, institution. 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.