A Problem from Hell

The Allies’ suppression of the truth about Hitler’s Final Solution has been the subject of a great deal of historical scholarship.13 Intelligence on Hitler’s extermination was plentiful in both classified and open sources. The United States maintained embassies in Berlin until December 1941, in Budapest and Bucharest until January 1942, and in Vichy France until late 1942.14 The British used sophisticated decryption technology to intercept German communications. The major Jewish organizations had representatives in Geneva who relayed vivid and numerous refugee reports through Stephen Wise, the president of the World Jewish Congress (WJC), and others. In July 1942, Gerhard Riegner, the WJC Geneva representative, informed the State Department of a well-placed German industrialist’s report that Hitler had ordered the extermination of European Jewry by gassing. In November 1942, Rabbi Wise, who knew President Roosevelt personally, told a Washington press conference that he and the State Department had reliable information that some 2 million Jews had already been murdered. The Polish government-in-exile was a goldmine of information. Already by the fall of 1942, for instance, Zygielbojm had begun meeting regularly with Arthur J. Goldberg, General Bill Donovan’s special assistant at the Office of Strategic Services (OSS), to discuss the death camps.

But the intelligence was often played down. In June 1942, for instance, the London Daily Telegraph published the Bund report’s claim that 700,000 Polish Jews and more than 1 million Jews throughout Europe had been killed. The New York Times picked up the Telegraph’s reports but buried them deep inside the paper.15When Riegner cabled word of Hitler’s plot the following month, British and U.S. officials and journalists were skeptical about the veracity of “unsubstantiated information.” In the words of one Swiss foreign editor, “We received no picture of photographic exactitude, only silhouettes.” 16 In 1944, when John Pehle, the director of Roosevelt’s War Refugee Board, wanted to publish the report of two Auschwitz escapees, Elmer Davis, the head of the U.S. Office of War Information, turned down his request. The American public would not believe such wild stories, he said, and Europeans would be so demoralized by them that their resistance would crumble. The U.S. ambassador to Sweden, Hershel Johnson, sent a cable in April 1943 detailing the extermination of Jews in Warsaw, but he ended his message by noting: “So fantastic is the story…that I hesitate to make it the subject of an official report.” 17 In the November 1943 Stalin-Roosevelt-Churchill declaration, reference to the gas chambers was deleted because the evidence was deemed untrustworthy. To paraphrase Walter Laqueur, a pioneer in the study of the Allies’ response to the Holocaust, although many people thought that the Jews were no longer alive, they did not necessarily believe they were dead.18

Why and how did people live in “a twilight between knowing and not knowing” ?19 For starters, the threat Hitler posed to all of civilization helped overshadow his specific targeting of the Jews. Widespread anti-Semitism also contributed. It was not that readers’ prejudice against Jews necessarily made them happy to hear reports of Hitler’s monstrosity. Rather, their indifference to the fate of Jews likely caused them to skim the stories and to focus on other aspects of the war. Others did not take the time to process the reports because they believed the Allies were doing all they could; there was no point in getting depressed about something they could not control. Such knowledge was inconvenient. Karski later recalled that Allied leaders “discarded their conscience” with the rationale that “the Jews were totally helpless. The war strategy was the military defeat of Germany.” 20 Winning the war was the most efficient way to stop Hitler’s murder of civilians. The Allied governments worked indirectly to help Jewish victims by attempting to defeat him, but they rejected the Jewish leaders’ request to declare as a war aim the rescue of Europe’s Jews.

The vast majority of people simply did not believe what they read; the notion of getting attacked for being (rather than for doing) was too discomfiting and too foreign to process readily. A plot for outright annihilation had never been seen and therefore could not be imagined. The tales of German cremation factories and gas chambers sounded far-fetched. The deportations could be explained: Hitler needed Jewish slave labor for the war effort. During the Turkish campaign against the Armenians, this same propensity for incredulity was evident, but it was even more pronounced in the 1940s because of a backlash against the hyped-up “Belgian atrocities” of World War I.21 During that war, journalists had faithfully relayed tales of bloodthirsty “Huns” mutilating and raping nuns and dismembering Belgian babies. Indeed, they reported claims that the Germans had erected a “corpse-conversion factory” where they boiled human fat and bones into lubricants and glycerine.22 In the 1920s and 1930s, the press had debunked many of the Allies’ wartime reports of German savagery, yielding a “hangover of skepticism.” Although many of these stories were confirmed years later, they were still being discredited at the outbreak of World War II.23When tales of Nazi gas vans and extermination plots emerged, many people believed that such stories were being manufactured or embellished as part of an Allied propaganda effort. Just as military strategists are apt to “fight the last war”—to employ tactics tailored for prior battlefield foes—political leaders and ordinary citizens tend to overapply the “lessons of history” to new and distinct challenges.

In his campaign to convey the horror of Nazi atrocities, Zygielbojm tried to overcome people’s instinctive mistrust of accounts of gratuitous violence. But he began to despair of doing so. In 1943 he learned that his wife and child had died in the Warsaw ghetto. In April 1943, at the Bermuda conference, after twelve days of secretive and ineffectual meetings, the Allies rejected most of the modest proposals to expand refugee admissions, continuing to severely limit the number of Jews who would be granted temporary refuge in the United States and unoccupied Europe.24 On May 10, over dinner in London, Arthur Goldberg of the OSS informed Zygielbojm that the United States had rejected his requests to bomb Auschwitz and the Warsaw ghetto. “With understandable pain and anguish,” Goldberg remembered later, “I told him that our government was not prepared to do what he requested because in the view of our high command, aircraft were not available for this purpose.” 25

Zygielbojm could take it no more. He typed up a letter, addressed it to the president and prime minister of the Polish government-in-exile, and explained his imminent act:

The responsibility for this crime of murdering the entire Jewish population of Poland falls in the first instance on the perpetrators, but indirectly also it weighs on the whole of humanity, the peoples and governments of the Allied States, which so far have made no effort toward a concrete action for the purpose of curtailing this crime.

By passive observation of this murder of defenseless millions and of the maltreatment of children, women, and old men, these countries have become the criminals’ accomplices…

I can not be silent and I can not live while the remnants of the Jewish people of Poland, of whom I am a representative, are perishing…

By my death I wish to express my strongest protest against the inactivity with which the world is looking on and permitting the extermination of Jewish people. I know how little human life is worth, especially today. But as I was unable to do anything during my life, perhaps by my death I shall contribute to destroying the indifference of those who are able and should act.26

Szmul Zygielbojm took an overdose of sleeping pills in his Paddington flat on May 12, 1943. News that the Nazis had crushed the Warsaw ghetto uprising and liquidated its inhabitants reached London and Washington the day of his memorial service.27

The New York Times published Zygielbojm’s suicide letter on June 4, 1943, under the headline “Pole’s Suicide Note Pleads for Jews” with the further headline “He Denounced Apathy.” The last line of the Times piece suggested that Zygielbojm “may have achieved more in his death than in his life.” In fact, he failed to alter Allied policy in either state.28

In Their Own Words

Back in Washington, Raphael Lemkin, too, thought of taking his own life but concluded he was too “peculiarly placed” to bow out. After all, while others were mulling atrocity prevention for the first time, he had been thinking about it for more than a decade. He identified himself with the cause and quickly began to personify it. When he read the chilling reports from his homeland, he did what Zyegielbojm had done initially—he placed faith in information. Lemkin also played to his strengths: law and language.

In November 1944 the Carnegie Endowment for International Peace published Lemkin’s Axis Rule in Occupied Europe, by then a 712-page book of the rules and decrees imposed by the Axis powers and their client states in nineteen Nazioccupied countries and territories in Europe. Having begun gathering these laws while in Sweden, Lemkin had continued the compilation as part of his service to the U.S. government. Whatever Lemkin’s stated aspirations to appeal to a popular audience, Axis Rule was a dry and staunchly legalistic reference book.29 It included proposals for postwar restitution of property to the dispossessed and for the reimbursement of millions to foreign workers who had been forced into labor in Germany. It also restated his 1933 Madrid proposal to outlaw the targeted destruction of groups and urged the creation of an international treaty that could be used as a basis for trying and punishing perpetrators.

However useful the book’s recommendations, Lemkin believed his real contribution lay in reproducing the stark collection of decrees (which accounted for some 360 of the book’s pages). These, he was certain, would do wonders to combat widespread disbelief and despondency, especially in the Anglo-American reader, who, he wrote, “with his innate respect for human rights and human personality may be inclined to believe that the Axis regime could not possibly have been as cruel and ruthless as it has been hitherto described.” By presenting documents authored by Hitler and his advisers, he was ensuring that nobody in the United States could say he was exaggerating or propagandizing.

A few scholars still rejected atrocity reports and tried to relativize German responsibility. The harshest review of Axis Rule appeared in the American Journal of Sociology in 1946. The reviewer, Melchior Palyi, blamed Lemkin for his failure to explore the “extenuating circumstances” for Nazi behavior. According to Palyi, Lemkin had written a “prosecutor’s brief” rather than an “impartial” inquiry. The reviewer claimed that almost every one of the nine charges Lemkin made against the Nazis could be made against the Allies. “Of course,” the reviewer wrote, “there is this substantial difference: that the Nazis shamelessly displayed their intentionally planned misdeeds, while the western Allies stumble into illegal practices and cover them with humanitarian or other formulas.” 30

But most reviews were favorable and did not dabble in such false equivalency. The American Journal of International Law described Lemkin’s collection of Nazi legislation as a “tour de force.” 31 Another reviewer wrote, “The terrorism of the German police is well enough known, but to see matters described in cold legal terminology creates in one perhaps an even greater sense of indignation.” 32 At this time Lemkin was somewhat conflicted about the roots of responsibility and the relative role of individual and collective guilt, theories of accountability that continue to compete today. On the one hand, Lemkin urged the punishment of those individuals responsible for Nazi horrors. On the other, he espoused an early version of the theory, put forth again recently by Daniel Jonah Goldhagen in his book Hitler’s Willing Executioners, that ascribed guilt not only to the perpetrators of the crimes but to their fellow citizens who failed to stop them and often appeared actively supportive.33 In Axis Rule Lemkin wrote, “The present destruction of Europe would not be complete and thorough had the German people not accepted freely [the Nazi] plan, participated voluntarily in its execution, and up to this point profited greatly therefrom.” He refused to accept the line that all but the most senior German authorities were just “obeying orders,” insisting that “all important classes and groups of the population have voluntarily assisted Hitler in the scheme of world domination.” 34

In January 1945 the New York Times Book Review devoted its cover to Axis Rule. “Out of its dry legalism,” the reviewer wrote, “there emerge the contours of the monster that now bestrides the earth.” This monster “gorges itself on blood, bestializes its servants and perverts some of the noblest human emotions to base ends, all with the semblance of authority and spurious legality which leave the individual helpless.” The reviewer credited Lemkin with capturing “what Axis rule in occupied Europe means and what it would have meant to us had it ever spread to our shores.” But he faulted Lemkin’s sweeping ascription of blame. By finding “innate viciousness” in the German people, Lemkin was feeding “nazism-in-reverse.” “Surely,” the reviewer wrote, “just because he is a Pole Dr. Lemkin would not want to be held personally responsible for all the acts of the Pilsudski regime.” 35

A Word Is a Word Is a Word

Axis Rule is not remembered for stirring this once and future debate about the nature of individual and collective guilt. Instead, it is known because it was in this rather arcane, legalistic tome that Lemkin followed through on his pledge to himself and to his imagined co-conspirator, Winston Churchill. Ever since Lemkin had heard Churchill’s 1941 radio address, he had been determined to find a new word to replace “barbarity” and “vandalism,” which had failed him at the 1933 Madrid conference. Lemkin had hunted for a term that would describe assaults on all aspects of nation-hood—physical, biological, political, social, cultural, economic, and religious. He wanted to connote not only full-scale extermination but also Hitler’s other means of destruction: mass deportation, the lowering of the birthrate by separating men from women, economic exploitation, progressive starvation, and the suppression of the intelligentsia who served as national leaders.

Lemkin, the former philology student, knew that his word choice mattered a great deal. He weighed a number of candidates. “Mass murder” was inadequate because it failed to incorporate the singular motive behind the perpetration of the crime he had in mind. “Denationalization,” a word that had been used to describe attempts to destroy a nation and wipe out its cultural personality, failed because it had come to mean depriving citizens of citizenship. And “Germanization,” “Magyarization,” and other specified words connoting forced assimilation of culture came up short because they could not be applied universally and because they did not convey biological destruction.36

Lemkin read widely in linguistic and semantic theory, modeling his own process on that of individuals responsible for coinages he admired. Of particular interest to Lemkin were the reflections of George Eastman, who said he had settled upon “Kodak” as the name for his new camera because: “First. It is short. Second. It is not capable of mispronunciation. Third. It does not resemble anything in the art and cannot be associated with anything in the art except the Kodak.”

Lemkin saw he needed a word that could not be used in other contexts (as “barbarity” and “vandalism” could). He self-consciously sought one that would bring with it “a color of freshness and novelty” while describing something “as shortly and as poignantly as possible.” 37

But Lemkin’s coinage had to achieve something Eastman’s did not. Somehow it had to chill listeners and invite immediate condemnation. On an otherwise undecipherable page of one of his surviving notebooks, Lemkin scribbled and circled “THE WORD” and drew a line connecting the circle to the phrase, penned firmly, “MORAL JUDGEMENT.” His word would do it all. It would be the rare term that carried in it society’s revulsion and indignation. It would be what he called an “index of civilization.” 38

The word that Lemkin settled upon was a hybrid that combined the Greek derivative geno, meaning “race” or “tribe,” together with the Latin derivative cide, from caedere, meaning “killing.” “Genocide” was short, it was novel, and it was not likely to be mispronounced. Because of the word’s lasting association with Hitler’s horrors, it would also send shudders down the spines of those who heard it.

Lemkin was unusual in the trust he placed in language. Many of his Jewish contemporaries despaired of it, deeming silence preferable to the necessarily inadequate verbal and written attempts to approximate the Holocaust. Austrian writer and philosopher Jean Améry was one of many Holocaust survivors estranged from words:

Was it “like a red-hot iron in my shoulders” and was this “like a blunt wooden stake driven into the base of my head?”—a simile would only stand for something else, and in the end we would be led around by the nose in a hopeless carousel of comparisons. Pain was what it was. There’s nothing further to say about it. Qualities of feeling are as incomparable as they are indescribable. They mark the limits of language’s ability to communicate.39

The suffering inflicted by Hitler fell outside the realm of expression.

But Lemkin was prepared to reinvest in language. New to the United States and wracked by anxiety about his family, he viewed the preparation of Axis Rule and the coinage of a new word as a constructive distraction. At the same time, he did not intend for “genocide” to capture or communicate Hitler’s Final Solution. The word derived from Lemkin’s original interpretations of barbarity and vandalism. In Axis Rule he wrote that “genocide” meant “a coordinated plan of different actions aiming at the destruction of essential foundations of the life of national groups, with the aim of annihilating the groups themselves.” 40The perpetrators of genocide would attempt to destroy the political and social institutions, the culture, language, national feelings, religion, and economic existence of national groups. They would hope to eradicate the personal security, liberty, health, dignity, and lives of individual members of the targeted group. He continued:

Genocide has two phases: one, destruction of the national pattern of the oppressed group; the other, the imposition of the national pattern of the oppressor. This imposition, in turn, may be made upon the oppressed population which is allowed to remain, or upon the territory alone, after removal of the population and colonization of the area by the oppressor’s own nationals.41

A group did not have to be physically exterminated to suffer genocide. They could be stripped of all cultural traces of their identity. “It takes centuries and sometimes thousands of years to create a natural culture,” Lemkin wrote, “but Genocide can destroy a culture instantly, like fire can destroy a building in an hour.” 42

From the start, the meaning of “genocide” was controversial. Many people were receptive to the idea of coining a word that would connote a practice so horrid and so irreparable that the very utterance of the word would galvanize all who heard it. They also recognized that it would be unwise and undesirable to make Hitler’s crimes the future standard for moving outsiders to act. Statesmen and citizens needed to learn from the past without letting it paralyze them. They had to respond to mass atrocity long before the carnage had reached the scale of the Holocaust. But the link between Hitler’s Final Solution and Lemkin’s hybrid term would cause endless confusion for policymakers and ordinary people who assumed that genocide occurred only where the perpetrator of atrocity could be shown, like Hitler, to possess an intent to exterminate every last member of an ethnic, national, or religious group.

Others were critical not so much of Lemkin’s definition as his apparent naivete. His innovation was interesting, they said, but a word is a word is a word. Merely affixing the genocide label would not necessarily cause statesmen to put aside their other interests, fears, or constraints. Even if lawyers in Madrid had adopted Lemkin’s proposal, they noted, neither the existence of the label nor the application of it would have affected Hitler’s decisionmaking, his ideology, or the outside world’s lethargic response to his crimes. Lemkin met these criticisms with defensive bombast. He told a North Carolina audience that the rejection of his Madrid proposal was “one of the thousand reasons why…your boys are fighting and dying in different parts of the world at this very moment.” 43

Yet for all of the criticisms, the word took hold. Lemkin proudly bran-dished the letter from the Webster’s New International Dictionary that informed him that “genocide” had been admitted. Other lexicographers followed suit.44 In the book he began writing immediately after Axis Rule, Lemkin noted that the “individual creator” of a word would see his word absorbed only “if, and in so far as, it meets popular needs and tastes.” He insisted that the rapid acceptance of “genocide” by lexicographers and humanity served as “social testimony” to the world’s readiness to confront the crime.45

Certainly, current events seemed to ratify Lemkin’s assumption. The very week the Carnegie Endowment published his book, the Roosevelt administration’s War Refugee Board for the first time officially backed up European charges of mass executions by the Germans.46 “So revolting and diabolical are the German atrocities that the minds of civilized people find it difficult to believe that they have actually taken place,” the board stated. “But the governments of the United States and other countries have evidence which clearly substantiates the facts.” Many newspapers linked their coverage of the board report with Lemkin’s term. On December 3, 1944, for instance, after Lemkin persuaded Eugene Meyer, the publisher of the Washington Post, the paper’s editorial board hailed “genocide” as the only word befitting the revelation that between April 1942 and April 1944 some 1,765,000 Jews had been gassed and cremated at Auschwitz-Birkenau. “It is a mistake, perhaps, to call these killings ‘atrocities, ’” the editorial entitled “Genocide” read. “An atrocity is a wanton brutality…But the point about these killings is that they were systematic and purposeful. The gas chambers and furnaces were not improvisations; they were scientifically designed instruments for the extermination of an entire ethnic group.” 47

Lemkin made little secret of his desire to see "genocide" gain international fame. As he proselytized on behalf of the new concept, he studied the lingual inventions of science and literary greats.48 But fame for the word was just the beginning. The world had embraced the term “genocide.” Lemkin assumed this meant the major powers were ready both to apply the word and oppose the deed.

Chapter 4 Lemkin’s Law

“Only man has law…You must build the law!”

—Raphael Lemkin

The Nuremberg Beginning

With the end of war in Europe on May 8, 1945, and the Allied liberation of the Nazi death camps, the scale of Hitler’s madness had been revealed. Practically all that had sounded far-fetched proved real. Some 6 million Jews and 5 million Poles, Roma, Communists, and other “undesirables” had been exterminated. American and European leaders saw that a state’s treatment of its own citizens could be indicative of how it would behave toward its neighbors. And though sovereignty was still thought to be sacrosanct, a few scholars had begun gently urging that it not be defined so as to permit slaughter.1