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[dramatic music]
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[emotional music]
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I carry with me the
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burden of having seen
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man's inhumanity to man in ways
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which are incredible
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to a rational mind,
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and that will always
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remain with me.
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I am Ben Ferencz.
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70 years ago, I was
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a prosecutor at the
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Nuremberg Trials,
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in what was certainly
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the biggest murder
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trial in history.
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Ben Ferencz is an icon, really
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in international
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criminal justice.
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We're talking about
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a man whose career
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spans seven decades.
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[Ben] This trial, well what
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was most significant about it
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was it gave us an insight
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into the mentality
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of mass murderers.
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They had murdered
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over a million people,
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including hundreds of thousands
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of children in cold blood.
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Ben is the personification
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of the international do-gooder.
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Somebody who has no goal in life
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other than to bring
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justice to an unjust world.
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My Dad used to ask
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us, and I kid you not,
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around the dinner
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table every night,
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"What have you done
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for mankind today?"
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[Ben] War can make murderers
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out of otherwise decent people.
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That may come as a shock
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to some of the viewers
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who perceive these mass
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murderers as horrible beasts.
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Not so.
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At such a young age,
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in such a critical moment
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in modern history
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to be in the thick of things,
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to do the right thing with
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conviction and courage,
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and to have witnessed
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what he had witnessed
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and turned that into a
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positive contribution
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for a better humanity.
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It's really something to
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admire and try to emulate.
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[Ben] The impact of
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war itself on people
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affected me so that I
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wanted to stop war-making,
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and have in fact devoted most
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of my life in that effort
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to try and create a
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more humane world.
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His humanity
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and his compassion
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and his fearless commitment
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to justice all of these years
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make him one of the most
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important figures of our time.
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[emotional music]
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I'm mindful of the
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fact that the world
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has always been torn apart
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by the type of horror
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which is featured on TV,
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but I'm also always
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mindful of the fact
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that we are, believe it or not,
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making very significant progress
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toward creating a more
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humane and peaceful world.
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Okay, Ben Ferencz
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welcome it says.
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Ben is someone
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who is very driven,
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who is extremely passionate,
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and has an absolutely
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unshakeable belief
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in the rule of law
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and in international law
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that's what drives him.
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He is somebody who
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thrives on this passion
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and thrives on the effort to
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try to move things forward
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that seem impossible.
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When I was a boy or a student,
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there was no such
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thing as human rights.
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There was no such thing
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as international courts.
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No one heard of the word
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genocide for one thing,
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and I was the first I
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believe to use that word
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in the opening paragraph
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of an indictment
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where I was the chief
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prosecutor at Nuremberg.
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Benjamin Ferencz
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is the titan
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of international
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criminal prosecutions.
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He really established
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an incredible
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mandate for international
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criminal responsibility
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for the commission of crimes
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against humanity and war crimes.
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He laid out a legal
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process that has become
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a very important one, taking
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us into the 21st Century.
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I'd never tried a case.
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I'd never been in a
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criminal court in my life.
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I was 27 years old.
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But I knew at the beginning
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that if this trial
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is going to have any
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significance at all,
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it has to set a model of what
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you should and shouldn't do.
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This is a
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"Order National
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De La Legion d'Honneur,
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Presidente de la
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Republique Francaise"
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Names me a "Chevalier
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de la Legion d'Honneur"
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That gold medal you
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see hanging there
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is the Medal of
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Freedom which I was
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particularly glad to receive
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because the previous
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recipient of that
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had been Nelson Mandela, and
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I was a strong admirer of his.
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[gentle piano music]
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I was told that I'd make a
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good lawyer or a good crook,
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and I didn't quite understand it
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'cause I didn't know
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what a lawyer was,
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but I knew what the crook was
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and I didn't care
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for it at any time,
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so I think that
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may have tilted me
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toward wanting to be a
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lawyer, whatever that meant.
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My sister was born in the
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same bed I was later born in.
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When she was born,
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she was a Hungarian.
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When I was born about 18
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months later, I was a Romanian.
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It doesn't really matter
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what you call the country.
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What matters is how you treat
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the people in the country,
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and in both Hungary and Romania,
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they persecuted the Jews.
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So it was prudent for my parents
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to get out if they could.
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We traveled third class because
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there was no fourth class.
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Sleeping on an open deck in
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midwinter in 1920 was not easy.
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I was crying all the time
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because my mother had no milk.
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My father was being driven
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crazy with this noise.
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He couldn't sleep.
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He was very tempted
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to throw me overboard.
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And there's been some
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indication that he would've
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had he not been
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interrupted by my uncle
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who was traveling with us.
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My father was trained as
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an apprentice shoemaker.
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He thought when he
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gets to New York,
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he'll be able to make
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boots for the people.
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No one told him there were
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no cowboys in New York
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and no cows.
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So he found himself
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unemployable,
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no money, no friends.
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It was a tough life,
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but they didn't know it
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because where they'd
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come from it was tougher,
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so it was an improvement
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no matter what.
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This was an area known
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as Hell's Kitchen.
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It got that name because it
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was a high crime density area.
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When I became a criminologist
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I found that out
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by seeing maps of where
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the most crime was
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in parts of the world.
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It was right at home.
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It was a tough neighborhood,
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Irish and Italian.
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With a lot of gang
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warfare going on,
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but it was no guns, no knives.
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It was just you know
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beating each other up
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or playing craps
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on the sidewalk.
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I didn't speak English at all.
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I spoke Yiddish was
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the mother tongue.
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My father took me to school,
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public school to enroll me.
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They wouldn't take me
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because I was too small,
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I couldn't speak English, and
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they said come back next year.
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Next year they said
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the same thing,
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so I finally ended up when
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my parents were divorced
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and I went to live with
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an aunt in Brooklyn,
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that's where I started
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my educational career.
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[gentle piano music]
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My eighth grade teacher in
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public school 80 in the Bronx,
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I was then living back again
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with my mother
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and my stepfather.
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She asked me to bring
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my father and mother in.
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She wanted to talk to them
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and we had a little conference.
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The teacher explained
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that this is a gifted boy,
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and he should go to college.
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Well certainly she didn't
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know and I didn't know
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what a gifted boy meant,
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'cause we never got any gifts
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and I didn't know anybody
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who ever went to college.
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This was beyond our
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knowledge range,
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and my mother said well
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whatever you want to do,
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you know she would
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accommodate that.
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The Townsend Harris High School
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which was the only one of
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its kind in the country
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where if you
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graduated from there
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you were automatically
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admitted to City College.
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I never had to study before.
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I heard something and I knew it,
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and it was just you know it
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seemed to be quite automatic,
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but when I got to this
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advanced high school,
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I flunked the two subjects
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of French and algebra.
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So I found out there
295
00:10:27,459 --> 00:10:32,209
was a movie house
296
00:10:32,250 --> 00:10:35,250
featuring foreign films
297
00:10:32,250 --> 00:10:35,250
right near where we live
298
00:10:35,292 --> 00:10:37,667
and I went there,
299
00:10:35,292 --> 00:10:37,667
and fell in love
300
00:10:37,709 --> 00:10:40,876
with the French actress
301
00:10:37,709 --> 00:10:40,876
Danielle Darrieux,
302
00:10:40,918 --> 00:10:42,959
and she was being
303
00:10:40,918 --> 00:10:42,959
wooed by Charles Boyer
304
00:10:43,918 --> 00:10:45,334
and I could hear
305
00:10:43,918 --> 00:10:45,334
them and I could
306
00:10:45,375 --> 00:10:47,500
read in English what
307
00:10:45,375 --> 00:10:47,500
they were saying.
308
00:10:47,542 --> 00:10:49,542
That was a wonderful
309
00:10:47,542 --> 00:10:49,542
teaching tool,
310
00:10:49,584 --> 00:10:51,876
except I came out speaking
311
00:10:49,584 --> 00:10:51,876
like Charles Boyer.
312
00:10:51,918 --> 00:10:56,250
[speaks French language]
313
00:10:56,292 --> 00:10:59,751
And all that, and that
314
00:10:56,292 --> 00:10:59,751
was very good in French.
315
00:10:59,792 --> 00:11:00,959
Spoke like a Frenchman.
316
00:11:05,417 --> 00:11:06,876
City College.
317
00:11:06,918 --> 00:11:09,000
It was known as the poor
318
00:11:06,918 --> 00:11:09,000
man's Harvard actually.
319
00:11:09,042 --> 00:11:10,876
I didn't know that at the time,
320
00:11:10,918 --> 00:11:13,459
but it was a very tough school
321
00:11:10,918 --> 00:11:13,459
for a lot of tough kids,
322
00:11:13,500 --> 00:11:18,500
mostly Jewish kids who couldn't
323
00:11:13,500 --> 00:11:18,500
afford a college education.
324
00:11:19,334 --> 00:11:20,918
It was a very good school.
325
00:11:20,959 --> 00:11:24,626
Taught me there first
326
00:11:20,959 --> 00:11:24,626
of all, I have to study.
327
00:11:24,667 --> 00:11:26,250
Secondly there's a
328
00:11:24,667 --> 00:11:26,250
lot I have to learn
329
00:11:26,292 --> 00:11:27,876
and I think I did.
330
00:11:31,751 --> 00:11:33,500
You had to decide
331
00:11:31,751 --> 00:11:33,500
what you wanted to do
332
00:11:33,542 --> 00:11:35,626
while you were still in college,
333
00:11:35,667 --> 00:11:37,876
and most of my friends were
334
00:11:35,667 --> 00:11:37,876
going into civil service
335
00:11:37,918 --> 00:11:39,918
or something like that.
336
00:11:39,959 --> 00:11:41,834
I wanted to go into
337
00:11:39,959 --> 00:11:41,834
crime prevention
338
00:11:41,876 --> 00:11:46,500
because I'd seen enough crime
339
00:11:41,876 --> 00:11:46,500
and I've seen juvenile crime
340
00:11:46,542 --> 00:11:49,000
so I was focusing on
341
00:11:46,542 --> 00:11:49,000
juvenile delinquency.
342
00:11:53,834 --> 00:11:58,083
I didn't know anything about
343
00:11:53,834 --> 00:11:58,083
college, about law schools
344
00:11:58,125 --> 00:12:01,876
and I inquired "What's
345
00:11:58,125 --> 00:12:01,876
the best school?"
346
00:12:01,918 --> 00:12:04,792
And I heard that Harvard is
347
00:12:01,918 --> 00:12:04,792
the best school, not Brooklyn.
348
00:12:05,792 --> 00:12:07,751
All right, so I sent a
349
00:12:05,792 --> 00:12:07,751
letter to Harvard applying
350
00:12:07,792 --> 00:12:11,083
and lo and behold,
351
00:12:07,792 --> 00:12:11,083
I was accepted.
352
00:12:12,626 --> 00:12:16,542
I had done so well on
353
00:12:12,626 --> 00:12:16,542
my criminal law exam
354
00:12:16,584 --> 00:12:19,250
that they gave me a
355
00:12:16,584 --> 00:12:19,250
scholarship based on that.
356
00:12:19,292 --> 00:12:21,209
Otherwise I could
357
00:12:19,292 --> 00:12:21,209
never ever afford to.
358
00:12:22,751 --> 00:12:25,667
I realized that there were
359
00:12:22,751 --> 00:12:25,667
different classes of people
360
00:12:25,709 --> 00:12:27,918
and the students who
361
00:12:25,709 --> 00:12:27,918
got up and said "Sir"
362
00:12:27,959 --> 00:12:29,834
every time they
363
00:12:27,959 --> 00:12:29,834
asked him a question,
364
00:12:29,876 --> 00:12:31,584
which seemed to me very strange,
365
00:12:31,626 --> 00:12:37,167
and who wore loafers and
366
00:12:31,626 --> 00:12:37,167
no socks or argyle socks
367
00:12:37,209 --> 00:12:39,751
and went punting on
368
00:12:37,209 --> 00:12:39,751
the Charles on the weekend.
369
00:12:39,792 --> 00:12:41,250
This was another world,
370
00:12:41,292 --> 00:12:43,083
and they had fraternities
371
00:12:41,292 --> 00:12:43,083
and things like that.
372
00:12:44,334 --> 00:12:46,125
I had a few friends
373
00:12:44,334 --> 00:12:46,125
from City College
374
00:12:46,167 --> 00:12:50,792
who also went to Harvard,
375
00:12:46,167 --> 00:12:50,792
and I palled around with them,
376
00:12:50,834 --> 00:12:53,834
but that was another social
377
00:12:50,834 --> 00:12:53,834
world at Harvard itself.
378
00:12:56,167 --> 00:12:58,542
I found a program
379
00:12:56,167 --> 00:12:58,542
in the government
380
00:12:58,584 --> 00:12:59,959
where if you were
381
00:12:58,584 --> 00:12:59,959
working for a professor
382
00:13:00,000 --> 00:13:01,334
they gave you a stipend.
383
00:13:01,375 --> 00:13:03,876
I had no money, I
384
00:13:01,375 --> 00:13:03,876
had no money at all.
385
00:13:03,918 --> 00:13:05,918
Roscoe Pound I
386
00:13:03,918 --> 00:13:05,918
particularly admired.
387
00:13:05,959 --> 00:13:08,751
He was known for
388
00:13:05,959 --> 00:13:08,751
his jurisprudence.
389
00:13:08,792 --> 00:13:10,209
He was an old man.
390
00:13:10,250 --> 00:13:12,042
He could hardly see,
391
00:13:10,250 --> 00:13:12,042
he had an eye shade
392
00:13:12,083 --> 00:13:14,667
and I wanted to work for him.
393
00:13:15,584 --> 00:13:17,000
He said "No,
394
00:13:15,584 --> 00:13:17,000
I can't accept that."
395
00:13:17,042 --> 00:13:19,709
"It has to go through my
396
00:13:17,042 --> 00:13:19,709
brain," he said, his brain.
397
00:13:19,751 --> 00:13:21,792
"I can't get it go through
398
00:13:19,751 --> 00:13:21,792
somebody else's brain."
399
00:13:21,834 --> 00:13:23,626
So he turned me down.
400
00:13:23,667 --> 00:13:25,751
So I went to see
401
00:13:23,667 --> 00:13:25,751
the next professor
402
00:13:25,792 --> 00:13:28,500
that I was interested
403
00:13:25,792 --> 00:13:28,500
in was Sheldon Glueck.
404
00:13:28,542 --> 00:13:30,918
He was the only one
405
00:13:28,542 --> 00:13:30,918
who taught criminology
406
00:13:30,959 --> 00:13:33,083
and his first question
407
00:13:30,959 --> 00:13:33,083
"How much is it gonna cost?"
408
00:13:33,125 --> 00:13:34,459
I said it's free.
409
00:13:34,500 --> 00:13:35,834
He said "I'll take it."
410
00:13:36,834 --> 00:13:39,542
So I became an assistant to him
411
00:13:39,584 --> 00:13:41,834
and when the war had broken out,
412
00:13:41,876 --> 00:13:44,626
he began to study war crimes.
413
00:13:44,667 --> 00:13:46,209
So his first assignment
414
00:13:44,667 --> 00:13:46,209
was get me everything
415
00:13:46,250 --> 00:13:49,667
in the Harvard law library
416
00:13:46,250 --> 00:13:49,667
that relates to war crimes.
417
00:13:49,709 --> 00:13:52,125
That became more relevant
418
00:13:49,709 --> 00:13:52,125
because I suspect,
419
00:13:52,167 --> 00:13:55,375
I don't know that when
420
00:13:52,167 --> 00:13:55,375
the army turned to him
421
00:13:55,417 --> 00:13:56,709
he was consulting
422
00:13:55,417 --> 00:13:56,709
with the Pentagon.
423
00:13:56,751 --> 00:13:58,292
They turned to him
424
00:13:56,751 --> 00:13:58,292
because he'd written
425
00:13:58,334 --> 00:13:59,876
these books on war crimes.
426
00:14:01,209 --> 00:14:03,209
That he said go find Benny,
427
00:14:01,209 --> 00:14:03,209
he's out there somewhere
428
00:14:03,250 --> 00:14:08,083
and they tapped me and they
429
00:14:03,250 --> 00:14:08,083
sent me to Patton's headquarters
430
00:14:08,125 --> 00:14:10,751
and they said your name has
431
00:14:08,125 --> 00:14:10,751
been forwarded from Washington.
432
00:14:10,792 --> 00:14:13,584
So I can only imagine that
433
00:14:10,792 --> 00:14:13,584
it came from Sheldon Glueck.
434
00:14:13,626 --> 00:14:16,667
[somber music]
435
00:14:24,792 --> 00:14:27,918
What opened my eyes was
436
00:14:24,792 --> 00:14:27,918
of course the headlines.
437
00:14:27,959 --> 00:14:29,918
Newspapers they were
438
00:14:27,959 --> 00:14:29,918
murdering all the Jews.
439
00:14:29,959 --> 00:14:33,709
I said how can I sabotage
440
00:14:29,959 --> 00:14:33,709
the German government?
441
00:14:33,751 --> 00:14:37,083
And so what I did was I
442
00:14:33,751 --> 00:14:37,083
wrote to the local consulate
443
00:14:37,125 --> 00:14:40,167
and I said please, I'd
444
00:14:37,125 --> 00:14:40,167
like to disseminate
445
00:14:40,209 --> 00:14:43,209
some of your literature to
446
00:14:40,209 --> 00:14:43,209
justify Hitler and so on
447
00:14:43,250 --> 00:14:45,250
and they sent me piles and piles
448
00:14:45,292 --> 00:14:48,292
of propaganda,
449
00:14:45,292 --> 00:14:48,292
absolute propaganda.
450
00:14:48,334 --> 00:14:50,542
I took them and threw
451
00:14:48,334 --> 00:14:50,542
them in the garbage.
452
00:14:50,584 --> 00:14:53,584
That was my form of sabotage
453
00:14:50,584 --> 00:14:53,584
against the German government.
454
00:15:01,000 --> 00:15:04,000
The war broke out, and I
455
00:15:01,000 --> 00:15:04,000
went with everybody I knew
456
00:15:04,042 --> 00:15:05,292
to try and volunteer at the
457
00:15:05,334 --> 00:15:07,459
different branches
458
00:15:05,334 --> 00:15:07,459
of the service,
459
00:15:07,500 --> 00:15:09,667
and most of them they
460
00:15:07,500 --> 00:15:09,667
wouldn't take me at all.
461
00:15:11,167 --> 00:15:14,709
As an Air Force pilot they said
462
00:15:11,167 --> 00:15:14,709
I couldn't reach the pedals.
463
00:15:14,751 --> 00:15:17,834
A navigator they said if
464
00:15:14,751 --> 00:15:17,834
I'd been told to bomb Berlin
465
00:15:17,876 --> 00:15:19,334
I'd end up in Tokyo.
466
00:15:19,375 --> 00:15:22,125
As a paratrooper they said
467
00:15:19,375 --> 00:15:22,125
you'll go up instead of down.
468
00:15:24,000 --> 00:15:26,042
'Cause there was a desperate
469
00:15:24,000 --> 00:15:26,042
need for my skills,
470
00:15:26,083 --> 00:15:28,876
I was furious,
471
00:15:26,083 --> 00:15:28,876
absolutely furious
472
00:15:28,918 --> 00:15:30,292
because they wouldn't take me.
473
00:15:30,334 --> 00:15:34,918
I asked myself what can
474
00:15:30,334 --> 00:15:34,918
I do to be of most help?
475
00:15:34,959 --> 00:15:38,584
And because I could speak
476
00:15:34,959 --> 00:15:38,584
French like a Frenchman,
477
00:15:38,626 --> 00:15:40,918
I thought if they can
478
00:15:38,626 --> 00:15:40,918
drop me behind the lines
479
00:15:40,959 --> 00:15:44,417
in occupied France and teach
480
00:15:40,959 --> 00:15:44,417
me how to use dynamite,
481
00:15:44,459 --> 00:15:46,876
I'll be able to blow up
482
00:15:44,459 --> 00:15:46,876
all the German trains
483
00:15:46,918 --> 00:15:48,125
and communication lines.
484
00:15:48,167 --> 00:15:49,918
They'll wish they
485
00:15:48,167 --> 00:15:49,918
were back in Berlin.
486
00:15:49,959 --> 00:15:54,417
And ended up finally as a
487
00:15:49,959 --> 00:15:54,417
buck private in the artillery
488
00:15:54,459 --> 00:15:56,334
about which I knew
489
00:15:54,459 --> 00:15:56,334
absolutely nothing.
490
00:15:56,375 --> 00:15:58,125
As a typist in a supply room.
491
00:15:58,167 --> 00:16:01,000
I couldn't even type and they
492
00:15:58,167 --> 00:16:01,000
never taught me how to type.
493
00:16:01,042 --> 00:16:03,876
So the dumbest things
494
00:16:01,042 --> 00:16:03,876
you could possibly do
495
00:16:03,918 --> 00:16:06,876
with a guy who's eager
496
00:16:03,918 --> 00:16:06,876
to serve, they did to me.
497
00:16:08,209 --> 00:16:09,792
And I've never forgiven them.
498
00:16:13,417 --> 00:16:17,876
We were trained to shoot down
499
00:16:17,918 --> 00:16:19,334
high flying planes.
500
00:16:19,375 --> 00:16:21,167
That was going to
501
00:16:19,375 --> 00:16:21,167
be our mission.
502
00:16:24,000 --> 00:16:27,626
I am of the firm
503
00:16:24,000 --> 00:16:27,626
opinion today still
504
00:16:27,667 --> 00:16:29,751
that we shot down more American
505
00:16:29,792 --> 00:16:32,375
and British planes
506
00:16:29,792 --> 00:16:32,375
than German planes.
507
00:16:33,959 --> 00:16:36,042
I had an assignment,
508
00:16:33,959 --> 00:16:36,042
we all did,
509
00:16:37,459 --> 00:16:39,626
and when we see an
510
00:16:37,459 --> 00:16:39,626
American plane coming over
511
00:16:39,667 --> 00:16:41,500
and he doesn't give
512
00:16:39,667 --> 00:16:41,500
us the correct signal,
513
00:16:41,542 --> 00:16:43,709
friend or foe, bum bum bum
514
00:16:43,751 --> 00:16:45,542
you hit the plane
515
00:16:43,751 --> 00:16:45,542
and it explodes.
516
00:16:45,584 --> 00:16:47,334
I never go to see fireworks.
517
00:16:47,375 --> 00:16:48,542
I've seen 'em.
518
00:16:48,584 --> 00:16:51,834
The whole sky is
519
00:16:48,584 --> 00:16:51,834
brightened, and then we go
520
00:16:51,876 --> 00:16:54,918
each one of us soldiers
521
00:16:51,876 --> 00:16:54,918
carrying a little cardboard box,
522
00:16:54,959 --> 00:16:57,667
walking hip to
523
00:16:54,959 --> 00:16:57,667
hip trying to find
524
00:16:57,709 --> 00:16:59,792
a piece of finger to
525
00:16:57,709 --> 00:16:59,792
identify the body.
526
00:17:01,459 --> 00:17:02,834
Find out who the hell is what.
527
00:17:02,876 --> 00:17:05,751
We knew it was an American
528
00:17:02,876 --> 00:17:05,751
plane by that time,
529
00:17:05,792 --> 00:17:09,209
but you gotta report to next
530
00:17:05,792 --> 00:17:09,209
of kin that the guy's dead.
531
00:17:10,834 --> 00:17:13,000
Smashed to smithereens.
532
00:17:13,042 --> 00:17:15,792
The engine would still be,
533
00:17:13,042 --> 00:17:15,792
you know, partly intact
534
00:17:15,834 --> 00:17:19,751
but to find a finger was
535
00:17:15,834 --> 00:17:19,751
already a great discovery.
536
00:17:19,792 --> 00:17:22,459
I found several fingers or
537
00:17:19,792 --> 00:17:22,459
you find a clump of hair.
538
00:17:22,500 --> 00:17:23,751
You put it in the box,
539
00:17:23,792 --> 00:17:25,000
you send it back to
540
00:17:23,792 --> 00:17:25,000
the adjutant general
541
00:17:25,042 --> 00:17:27,834
let 'em work it over and
542
00:17:25,042 --> 00:17:27,834
notify the next of kin.
543
00:17:27,876 --> 00:17:29,000
It's war.
544
00:17:29,042 --> 00:17:32,709
[gentle piano music]
545
00:17:33,918 --> 00:17:35,250
I tell ya', I didn't stop
546
00:17:35,292 --> 00:17:37,834
and ask myself what's
547
00:17:35,292 --> 00:17:37,834
my emotional state?
548
00:17:37,876 --> 00:17:39,792
I asked myself what's next?
549
00:17:39,834 --> 00:17:42,000
Move move, you know?
550
00:17:46,292 --> 00:17:47,876
There's no time for emotion.
551
00:17:47,918 --> 00:17:51,834
No time for being shocked for
552
00:17:47,918 --> 00:17:51,834
tears or anything like that.
553
00:17:51,876 --> 00:17:54,751
[gentle piano music]
554
00:17:57,834 --> 00:18:00,500
My final assignment
555
00:17:57,834 --> 00:18:00,500
in the army
556
00:18:00,542 --> 00:18:03,000
was to be a war
557
00:18:00,542 --> 00:18:03,000
crimes investigator
558
00:18:03,042 --> 00:18:06,751
entering the concentration
559
00:18:03,042 --> 00:18:06,751
camps as they were liberated
560
00:18:06,792 --> 00:18:09,417
in order to collect
561
00:18:06,792 --> 00:18:09,417
evidence for the crimes.
562
00:18:13,042 --> 00:18:15,667
We get a report
563
00:18:13,042 --> 00:18:15,667
into headquarters.
564
00:18:15,709 --> 00:18:19,792
Attack battalion so and
565
00:18:15,709 --> 00:18:19,792
so has come upon a scene
566
00:18:19,834 --> 00:18:22,751
where there are
567
00:18:19,834 --> 00:18:22,751
people walking out of
568
00:18:22,792 --> 00:18:25,042
looks like a work
569
00:18:22,792 --> 00:18:25,042
camp of some kind.
570
00:18:25,083 --> 00:18:27,709
They're all dressed in
571
00:18:25,083 --> 00:18:27,709
something like pajamas
572
00:18:27,751 --> 00:18:29,792
and looks like
573
00:18:27,751 --> 00:18:29,792
they're all starving.
574
00:18:29,834 --> 00:18:31,751
That was about the
575
00:18:29,834 --> 00:18:31,751
gist of the report.
576
00:18:33,250 --> 00:18:35,792
Get to the colonel, the
577
00:18:33,250 --> 00:18:35,792
colonel hands it to Ferencz,
578
00:18:35,834 --> 00:18:37,209
or to captain to Ferencz.
579
00:18:37,250 --> 00:18:39,584
I get in a Jeep and off I go.
580
00:18:39,626 --> 00:18:42,709
[gentle piano music]
581
00:18:45,167 --> 00:18:48,751
My dad is a guy who has been
582
00:18:45,167 --> 00:18:48,751
traumatized by what he saw,
583
00:18:48,792 --> 00:18:50,834
smelled, heard,
584
00:18:48,792 --> 00:18:50,834
and felt you know
585
00:18:50,876 --> 00:18:52,584
with his own eyes, ears, hands.
586
00:18:54,334 --> 00:18:57,167
I read quite a number
587
00:18:54,334 --> 00:18:57,167
of letters that he wrote
588
00:18:57,209 --> 00:18:59,918
while he was there
589
00:18:57,209 --> 00:18:59,918
liberating the camps.
590
00:18:59,959 --> 00:19:03,876
What he saw, what he felt
591
00:18:59,959 --> 00:19:03,876
while this was going on.
592
00:19:03,918 --> 00:19:07,250
This has fueled a nuclear
593
00:19:03,918 --> 00:19:07,250
reactor inside this man,
594
00:19:07,292 --> 00:19:11,000
and it's still, still, still
595
00:19:07,292 --> 00:19:11,000
what he does every day.
596
00:19:11,042 --> 00:19:14,626
[gentle piano music]
597
00:19:14,667 --> 00:19:16,292
I would first find
598
00:19:14,667 --> 00:19:16,292
the commanding officer
599
00:19:16,334 --> 00:19:18,584
of the tank battalion.
600
00:19:18,626 --> 00:19:22,375
I'd go to him and say I'm here
601
00:19:18,626 --> 00:19:22,375
on orders of General Patton.
602
00:19:22,417 --> 00:19:24,626
War crimes investigator.
603
00:19:24,667 --> 00:19:26,751
I want 10 men
604
00:19:24,667 --> 00:19:26,751
immediately surround
605
00:19:26,792 --> 00:19:28,000
the [speaks German] office,
606
00:19:28,042 --> 00:19:29,834
nobody goes in or out
607
00:19:28,042 --> 00:19:29,834
without my permission.
608
00:19:33,542 --> 00:19:35,375
And look back on it, you know
609
00:19:35,417 --> 00:19:38,209
I built a screen,
610
00:19:35,417 --> 00:19:38,209
some sort of a screen
611
00:19:38,250 --> 00:19:40,792
before my mind to
612
00:19:38,250 --> 00:19:40,792
say this is not real.
613
00:19:40,834 --> 00:19:43,751
This is you know, just
614
00:19:40,834 --> 00:19:43,751
go ahead you know?
615
00:19:47,626 --> 00:19:51,209
It's incomprehensible to
616
00:19:47,626 --> 00:19:51,209
a rational human mind.
617
00:19:53,918 --> 00:19:56,292
People lying dead on the floor.
618
00:19:56,334 --> 00:19:57,626
You don't know if
619
00:19:56,334 --> 00:19:57,626
they're dead or alive.
620
00:19:57,667 --> 00:19:59,751
The floor is covered
621
00:19:57,667 --> 00:19:59,751
with dead people.
622
00:20:01,584 --> 00:20:02,959
Some of them are moving.
623
00:20:03,000 --> 00:20:05,918
They're pleading with their
624
00:20:03,000 --> 00:20:05,918
eyes, help me, you know?
625
00:20:05,959 --> 00:20:09,417
They're dressed in rags.
626
00:20:05,959 --> 00:20:09,417
They don't-- Complete rags.
627
00:20:09,459 --> 00:20:12,459
The SS is fleeing, trying
628
00:20:09,459 --> 00:20:12,459
to run out the other end.
629
00:20:12,500 --> 00:20:14,751
Some inmates who were
630
00:20:12,500 --> 00:20:14,751
alive catching SS men
631
00:20:14,792 --> 00:20:17,000
and beat 'em to death
632
00:20:14,792 --> 00:20:17,000
or burn 'em alive.
633
00:20:17,042 --> 00:20:18,292
I've seen that too.
634
00:20:19,918 --> 00:20:22,876
And the medics
635
00:20:19,918 --> 00:20:22,876
are not yet there.
636
00:20:22,918 --> 00:20:25,834
You know they'll
637
00:20:22,918 --> 00:20:25,834
be coming in soon,
638
00:20:25,876 --> 00:20:29,125
and the crematorium going.
639
00:20:29,167 --> 00:20:33,167
Stacks of bodies, looks like
640
00:20:29,167 --> 00:20:33,167
skeletons, all of 'em bones
641
00:20:33,209 --> 00:20:35,918
piled up like cord wood in
642
00:20:33,209 --> 00:20:35,918
front of the crematorium.
643
00:20:37,667 --> 00:20:39,375
The stench in the air,
644
00:20:39,417 --> 00:20:43,000
the human beings behaving
645
00:20:39,417 --> 00:20:43,000
like rats in the garbage pile
646
00:20:43,042 --> 00:20:45,042
digging, crawling
647
00:20:43,042 --> 00:20:45,042
for a bite to eat.
648
00:20:58,667 --> 00:21:01,542
I can't go on describing it.
649
00:21:04,918 --> 00:21:09,209
It becomes vivid again,
650
00:21:04,918 --> 00:21:09,209
and I was ice cold.
651
00:21:09,250 --> 00:21:12,626
I didn't shed a tear,
652
00:21:09,250 --> 00:21:12,626
I didn't hesitate.
653
00:21:12,667 --> 00:21:16,584
I did my job, because
654
00:21:12,667 --> 00:21:16,584
that was my job
655
00:21:16,626 --> 00:21:19,667
and to get out as
656
00:21:16,626 --> 00:21:19,667
fast as you can.
657
00:21:31,792 --> 00:21:35,834
The war was over, and I joined
658
00:21:31,792 --> 00:21:35,834
the army to help win the war.
659
00:21:35,876 --> 00:21:37,375
We had won.
660
00:21:37,417 --> 00:21:40,209
My primary goal after
661
00:21:37,417 --> 00:21:40,209
that was to get home
662
00:21:40,250 --> 00:21:43,417
as soon as possible, try
663
00:21:40,250 --> 00:21:43,417
to resume a normal life.
664
00:21:44,834 --> 00:21:46,709
Not in the wildest imagination
665
00:21:46,751 --> 00:21:49,042
would I have dreamt that
666
00:21:46,751 --> 00:21:49,042
I would've turned around
667
00:21:49,083 --> 00:21:50,667
and gone back to Germany.
668
00:21:50,709 --> 00:21:52,876
That was the furthest
669
00:21:50,709 --> 00:21:52,876
thing from my mind.
670
00:21:52,918 --> 00:21:55,792
I was with 10 million
671
00:21:52,918 --> 00:21:55,792
other GIs coming home,
672
00:21:55,834 --> 00:21:57,042
looking for a job.
673
00:21:58,876 --> 00:22:01,709
And when the cable
674
00:21:58,876 --> 00:22:01,709
came from the Pentagon
675
00:22:01,751 --> 00:22:04,000
saying "Dear sir," they'd
676
00:22:01,751 --> 00:22:04,000
never called me sir before,
677
00:22:04,042 --> 00:22:06,500
"will you please
678
00:22:04,042 --> 00:22:06,500
come to Washington?
679
00:22:06,542 --> 00:22:08,626
"We want to talk to you,"
680
00:22:06,542 --> 00:22:08,626
I assumed that was
681
00:22:08,667 --> 00:22:10,542
in connection with
682
00:22:08,667 --> 00:22:10,542
job application
683
00:22:10,584 --> 00:22:13,500
and off I went to Washington,
684
00:22:13,542 --> 00:22:15,876
and then my life took
685
00:22:13,542 --> 00:22:15,876
a different turn.
686
00:22:17,250 --> 00:22:19,751
[somber music]
687
00:22:27,584 --> 00:22:29,918
Richard Dicker: The end
688
00:22:27,584 --> 00:22:29,918
of the second World War,
689
00:22:29,959 --> 00:22:34,959
where Europe, parts of
690
00:22:29,959 --> 00:22:34,959
Asia, just devastated.
691
00:22:36,167 --> 00:22:39,751
How many millions
692
00:22:36,167 --> 00:22:39,751
of people dead?
693
00:22:44,167 --> 00:22:51,083
And not just deaths, but crimes
694
00:22:44,167 --> 00:22:51,083
committed on unimaginable,
695
00:22:51,125 --> 00:22:57,083
industrial scale by the
696
00:22:51,125 --> 00:22:57,083
Third Reich in Germany.
697
00:23:02,250 --> 00:23:07,250
The pictures from the
698
00:23:02,250 --> 00:23:07,250
liberated concentration camps
699
00:23:09,083 --> 00:23:11,709
did horrify people.
700
00:23:16,834 --> 00:23:18,083
They were so atrocious
701
00:23:18,125 --> 00:23:20,209
that they couldn't
702
00:23:18,125 --> 00:23:20,209
be left unanswered.
703
00:23:20,250 --> 00:23:21,918
Something had to happen.
704
00:23:21,959 --> 00:23:23,751
You couldn't just
705
00:23:21,959 --> 00:23:23,751
have a settlement
706
00:23:23,792 --> 00:23:25,584
and go back to normal.
707
00:23:27,709 --> 00:23:31,375
The Allied powers
708
00:23:27,709 --> 00:23:31,375
decided that you had to
709
00:23:31,417 --> 00:23:34,250
stigmatize what happened.
710
00:23:34,292 --> 00:23:36,334
That this had to
711
00:23:34,292 --> 00:23:36,334
have consequences.
712
00:23:39,334 --> 00:23:41,709
We know there are some people
713
00:23:39,334 --> 00:23:41,709
who said "Just take out
714
00:23:41,751 --> 00:23:44,792
the Nazi murderers
715
00:23:41,751 --> 00:23:44,792
and shoot them."
716
00:23:44,834 --> 00:23:47,876
There are others who
717
00:23:44,834 --> 00:23:47,876
said "Just let it alone.
718
00:23:47,918 --> 00:23:49,751
What's past is past."
719
00:23:49,792 --> 00:23:52,959
To its credit, the
720
00:23:49,792 --> 00:23:52,959
US administration
721
00:23:53,000 --> 00:23:55,834
insisted on a trial.
722
00:23:57,792 --> 00:24:02,876
And to see the 22 top
723
00:23:57,792 --> 00:24:02,876
Nazi leaders still alive
724
00:24:05,959 --> 00:24:10,542
in the dock in that
725
00:24:05,959 --> 00:24:10,542
courtroom in Nuremberg,
726
00:24:10,584 --> 00:24:13,209
I think sent a signal
727
00:24:13,250 --> 00:24:15,709
that these kinds of crimes
728
00:24:15,751 --> 00:24:19,876
could be prosecuted fairly
729
00:24:19,918 --> 00:24:23,876
and those responsible
730
00:24:19,918 --> 00:24:23,876
held to account.
731
00:24:23,918 --> 00:24:27,500
[dramatic music]
732
00:24:29,709 --> 00:24:31,792
Attention, tribunal.
733
00:24:31,834 --> 00:24:33,751
Narrator: Judges from
734
00:24:31,834 --> 00:24:33,751
Britain, America, Russia,
735
00:24:33,792 --> 00:24:36,334
and France assemble in
736
00:24:33,792 --> 00:24:36,334
Nuremberg's courthouse.
737
00:24:37,542 --> 00:24:39,042
Empowered to impose
738
00:24:37,542 --> 00:24:39,042
sentence of death
739
00:24:39,083 --> 00:24:41,751
or such punishment as
740
00:24:39,083 --> 00:24:41,751
it may consider just,
741
00:24:41,792 --> 00:24:43,334
the tribunal sits in judgment
742
00:24:43,375 --> 00:24:45,042
upon 20 leaders
743
00:24:43,375 --> 00:24:45,042
of the Nazi party.
744
00:24:46,709 --> 00:24:49,250
Henrike: To think of the
745
00:24:46,709 --> 00:24:49,250
situation in summer 1945,
746
00:24:49,292 --> 00:24:52,459
what a lot of German
747
00:24:49,292 --> 00:24:52,459
cities looked like,
748
00:24:52,500 --> 00:24:55,626
it was really challenging
749
00:24:52,500 --> 00:24:55,626
to find a place
750
00:24:55,667 --> 00:24:57,626
where you could
751
00:24:55,667 --> 00:24:57,626
hold such a trial.
752
00:24:57,667 --> 00:25:00,626
You would need the building,
753
00:24:57,667 --> 00:25:00,626
you would need the prison.
754
00:25:00,667 --> 00:25:02,959
You know just infrastructure,
755
00:25:00,667 --> 00:25:02,959
you would need an airport,
756
00:25:03,000 --> 00:25:05,417
something where you
757
00:25:03,000 --> 00:25:05,417
could fly in people
758
00:25:05,459 --> 00:25:07,834
and they ended up
759
00:25:05,459 --> 00:25:07,834
here in Nuremberg
760
00:25:07,876 --> 00:25:11,918
because the palace of
761
00:25:07,876 --> 00:25:11,918
justice had survived the war
762
00:25:11,959 --> 00:25:13,918
more or less undestroyed,
763
00:25:13,959 --> 00:25:17,709
and of course there also
764
00:25:13,959 --> 00:25:17,709
was the symbolic aspect.
765
00:25:17,751 --> 00:25:22,083
[speaks German]
766
00:25:23,876 --> 00:25:26,500
Nuremberg was the
767
00:25:23,876 --> 00:25:26,500
place where the Nazis
768
00:25:26,542 --> 00:25:28,876
held their annual party rallies,
769
00:25:28,918 --> 00:25:33,209
so it's more than an
770
00:25:28,918 --> 00:25:33,209
infrastructural question.
771
00:25:33,250 --> 00:25:35,709
The symbolism was
772
00:25:33,250 --> 00:25:35,709
very much in the heads
773
00:25:35,751 --> 00:25:40,500
of those planning the
774
00:25:35,751 --> 00:25:40,500
Nuremberg Trials in July 1945.
775
00:25:41,918 --> 00:25:43,792
If you go back and
776
00:25:41,918 --> 00:25:43,792
read the transcript
777
00:25:43,834 --> 00:25:46,792
of the original IMT, the
778
00:25:43,834 --> 00:25:46,792
International Military Tribunal,
779
00:25:46,834 --> 00:25:49,292
the way Robert Jackson
780
00:25:46,834 --> 00:25:49,292
addressed the court,
781
00:25:49,334 --> 00:25:52,292
I mean this is not your
782
00:25:49,334 --> 00:25:52,292
classic opening statement.
783
00:25:52,334 --> 00:25:54,417
This is poetry in motion.
784
00:25:56,167 --> 00:26:00,375
The privilege of opening
785
00:25:56,167 --> 00:26:00,375
the first trial in history
786
00:26:01,792 --> 00:26:04,542
for crimes against
787
00:26:01,792 --> 00:26:04,542
the peace of the world
788
00:26:06,375 --> 00:26:08,542
imposes a grave responsibility.
789
00:26:09,792 --> 00:26:13,834
The wrongs which we seek
790
00:26:09,792 --> 00:26:13,834
to condemn and punish
791
00:26:14,834 --> 00:26:19,751
have been so calculated, so
792
00:26:14,834 --> 00:26:19,751
malignant, and so devastating
793
00:26:21,000 --> 00:26:24,542
that civilization cannot
794
00:26:21,000 --> 00:26:24,542
tolerate their being ignored
795
00:26:24,584 --> 00:26:28,209
because it cannot survive
796
00:26:24,584 --> 00:26:28,209
their being repeated.
797
00:26:29,042 --> 00:26:31,209
I do think that he had a sense
798
00:26:31,250 --> 00:26:34,459
that the world, when
799
00:26:31,250 --> 00:26:34,459
that trial has ended,
800
00:26:34,500 --> 00:26:36,876
would not be the same
801
00:26:34,500 --> 00:26:36,876
in international law.
802
00:26:36,918 --> 00:26:38,876
You know, he had this sentiment
803
00:26:38,918 --> 00:26:40,792
that this is world history,
804
00:26:40,834 --> 00:26:43,375
that he was, that he was part of
805
00:26:43,417 --> 00:26:45,792
or even the driving force of.
806
00:26:46,667 --> 00:26:48,167
That four great nations,
807
00:26:49,959 --> 00:26:53,834
fleshed with victory
808
00:26:49,959 --> 00:26:53,834
and stung with injury,
809
00:26:53,876 --> 00:26:58,375
stay the hand of vengeance
810
00:26:53,876 --> 00:26:58,375
and voluntarily submit
811
00:26:58,417 --> 00:27:01,751
their captive enemies to
812
00:26:58,417 --> 00:27:01,751
the judgment of the law
813
00:27:03,209 --> 00:27:05,709
is one of the most
814
00:27:03,209 --> 00:27:05,709
significant tributes
815
00:27:07,042 --> 00:27:09,834
that power has ever
816
00:27:07,042 --> 00:27:09,834
paid to reason.
817
00:27:12,167 --> 00:27:15,834
The Nuremberg Trials
818
00:27:12,167 --> 00:27:15,834
were the first time
819
00:27:15,876 --> 00:27:20,876
in modern times that we had
820
00:27:15,876 --> 00:27:20,876
defined crimes against humanity,
821
00:27:21,834 --> 00:27:25,709
genocide, war crimes,
822
00:27:21,834 --> 00:27:25,709
in such an explicit way
823
00:27:25,751 --> 00:27:29,834
and then held men accountable
824
00:27:25,751 --> 00:27:29,834
for violating them.
825
00:27:29,876 --> 00:27:33,375
I was interviewed by
826
00:27:29,876 --> 00:27:33,375
a colonel Mickey Marcus
827
00:27:33,417 --> 00:27:35,292
who was in the Pentagon,
828
00:27:35,334 --> 00:27:38,876
and his job was to
829
00:27:35,334 --> 00:27:38,876
try to recruit staff
830
00:27:38,918 --> 00:27:42,751
for subsequent
831
00:27:38,918 --> 00:27:42,751
proceedings after the
832
00:27:42,792 --> 00:27:45,000
International Military
833
00:27:42,792 --> 00:27:45,000
Trial was finished.
834
00:27:46,542 --> 00:27:48,709
And he said there's somebody
835
00:27:46,542 --> 00:27:48,709
else wants to talk to you
836
00:27:48,751 --> 00:27:53,667
and that was then
837
00:27:48,751 --> 00:27:53,667
colonel Telford Taylor.
838
00:27:54,792 --> 00:27:58,000
Telford Taylor had been
839
00:27:54,792 --> 00:27:58,000
assigned by president Truman
840
00:27:58,042 --> 00:28:00,167
to carry on the work of Jackson
841
00:28:00,209 --> 00:28:03,459
by being the chief of counsel
842
00:28:00,209 --> 00:28:03,459
for the 12 subsequent trials
843
00:28:03,500 --> 00:28:04,959
were being planned.
844
00:28:05,000 --> 00:28:08,792
So he said "I'm
845
00:28:05,000 --> 00:28:08,792
considering you know
846
00:28:08,834 --> 00:28:10,417
you going back
847
00:28:08,834 --> 00:28:10,417
with me," he said
848
00:28:10,459 --> 00:28:14,500
"but I have checked your army
849
00:28:10,459 --> 00:28:14,500
record and your background
850
00:28:14,542 --> 00:28:18,334
and I understand that you're
851
00:28:14,542 --> 00:28:18,334
occasionally insubordinate'"
852
00:28:18,375 --> 00:28:20,125
and I said "That's
853
00:28:18,375 --> 00:28:20,125
not correct, sir.
854
00:28:20,167 --> 00:28:22,292
I'm usually insubordinate.
855
00:28:22,334 --> 00:28:25,876
I do not obey any orders that
856
00:28:22,334 --> 00:28:25,876
I know are stupid or illegal,
857
00:28:25,918 --> 00:28:28,042
but I've been
858
00:28:25,918 --> 00:28:28,042
checking up on you too,"
859
00:28:28,083 --> 00:28:29,709
and I had in the interim,
860
00:28:29,751 --> 00:28:31,709
"and I don't think you'll
861
00:28:29,751 --> 00:28:31,709
give me that kind of order."
862
00:28:31,751 --> 00:28:33,584
He was also a Harvard graduate,
863
00:28:33,626 --> 00:28:35,542
and he'd checked my record.
864
00:28:35,584 --> 00:28:37,834
So he smiled and he said
865
00:28:35,584 --> 00:28:37,834
"You'll go with me."
866
00:28:42,918 --> 00:28:45,751
These were to be 12
867
00:28:42,918 --> 00:28:45,751
additional trials
868
00:28:45,792 --> 00:28:49,834
because it was recognized
869
00:28:45,792 --> 00:28:49,834
by just taking a snapshot
870
00:28:49,876 --> 00:28:54,125
of the International Military
871
00:28:49,876 --> 00:28:54,125
Tribunal top Nazi leaders,
872
00:28:54,167 --> 00:28:55,709
you still didn't
873
00:28:54,167 --> 00:28:55,709
quite understand
874
00:28:55,751 --> 00:28:56,959
how it would be possible
875
00:28:57,000 --> 00:28:59,792
for a civilized
876
00:28:57,000 --> 00:28:59,792
country like Germany
877
00:28:59,834 --> 00:29:01,792
to engage in the
878
00:28:59,834 --> 00:29:01,792
type of atrocities
879
00:29:01,834 --> 00:29:03,751
for which they
880
00:29:01,834 --> 00:29:03,751
were responsible.
881
00:29:03,792 --> 00:29:05,792
And the idea of these
882
00:29:03,792 --> 00:29:05,792
subsequent proceedings,
883
00:29:05,834 --> 00:29:09,334
as they were called, was to
884
00:29:05,834 --> 00:29:09,334
put the doctors on trial,
885
00:29:09,375 --> 00:29:12,709
a sampling who performed
886
00:29:09,375 --> 00:29:12,709
medical experiments
887
00:29:12,751 --> 00:29:14,834
on concentration camp inmates.
888
00:29:14,876 --> 00:29:17,125
The lawyers and judges
889
00:29:14,876 --> 00:29:17,125
who perverted the law
890
00:29:17,167 --> 00:29:20,459
which was the framework on
891
00:29:17,167 --> 00:29:20,459
which they built the film
892
00:29:20,500 --> 00:29:22,125
Judgment at Nuremberg.
893
00:29:22,167 --> 00:29:26,209
You had the industrialists
894
00:29:22,167 --> 00:29:26,209
like IG Farben
895
00:29:26,250 --> 00:29:29,042
who provided the money
896
00:29:26,250 --> 00:29:29,042
to build Auschwitz,
897
00:29:29,083 --> 00:29:32,542
and who were working people
898
00:29:29,083 --> 00:29:32,542
to death for their own profit
899
00:29:32,584 --> 00:29:33,792
in their own companies.
900
00:29:33,834 --> 00:29:36,250
Give them a chance
901
00:29:33,834 --> 00:29:36,250
to state their case.
902
00:29:36,292 --> 00:29:39,626
The foreign ministry people,
903
00:29:36,292 --> 00:29:39,626
and then the SS squads
904
00:29:39,667 --> 00:29:41,876
who were the real, the
905
00:29:39,667 --> 00:29:41,876
murderers on the scene.
906
00:29:41,918 --> 00:29:43,959
So the idea was
907
00:29:41,918 --> 00:29:43,959
to take a sampling
908
00:29:44,000 --> 00:29:47,459
for these 12 different
909
00:29:44,000 --> 00:29:47,459
categories and project that
910
00:29:47,500 --> 00:29:49,918
and through the form
911
00:29:47,500 --> 00:29:49,918
of these 12 trials
912
00:29:49,959 --> 00:29:51,709
to give a comprehensive picture,
913
00:29:51,751 --> 00:29:55,083
and Telford Taylor was to be
914
00:29:51,751 --> 00:29:55,083
chief of counsel for those 12.
915
00:29:57,042 --> 00:29:59,417
I can imagine no two
916
00:29:57,042 --> 00:29:59,417
more different people
917
00:29:59,459 --> 00:30:01,792
than Telford Taylor and Ben.
918
00:30:01,834 --> 00:30:07,083
Telford, this very tall,
919
00:30:01,834 --> 00:30:07,083
elegant, WASPy gentlemen
920
00:30:08,167 --> 00:30:12,500
who could not have been
921
00:30:08,167 --> 00:30:12,500
more polite and thoughtful,
922
00:30:12,542 --> 00:30:14,751
you never got a quick
923
00:30:12,542 --> 00:30:14,751
answer out of Telford.
924
00:30:14,792 --> 00:30:17,584
It was always let
925
00:30:14,792 --> 00:30:17,584
me think about that.
926
00:30:17,626 --> 00:30:22,375
And then this kind of dynamo
927
00:30:17,626 --> 00:30:22,375
of a tiny little Jewish guy
928
00:30:23,918 --> 00:30:27,792
with none of the kind
929
00:30:23,918 --> 00:30:27,792
of elegance of Telford.
930
00:30:27,834 --> 00:30:29,083
He had the same
931
00:30:27,834 --> 00:30:29,083
elegance of mind,
932
00:30:29,125 --> 00:30:32,626
but not elegance of
933
00:30:29,125 --> 00:30:32,626
physical appearance.
934
00:30:32,667 --> 00:30:35,083
I can easily see the attraction.
935
00:30:36,250 --> 00:30:39,792
He was brilliant,
936
00:30:36,250 --> 00:30:39,792
insightful, determined.
937
00:30:39,834 --> 00:30:42,792
He had all the qualities
938
00:30:39,834 --> 00:30:42,792
that one would look for
939
00:30:42,834 --> 00:30:44,250
if one were Telford Taylor.
940
00:30:48,792 --> 00:30:51,709
By the time we got
941
00:30:48,792 --> 00:30:51,709
there to that stage,
942
00:30:51,751 --> 00:30:54,876
he had already picked lawyers
943
00:30:51,751 --> 00:30:54,876
for most of his trials,
944
00:30:54,918 --> 00:30:57,876
and he said "Ben look, you have
945
00:30:54,918 --> 00:30:57,876
the experience in the field
946
00:30:57,918 --> 00:30:59,250
of going into the camps,
947
00:30:59,292 --> 00:31:02,834
collecting evidence
948
00:30:59,292 --> 00:31:02,834
for the army trials.
949
00:31:02,876 --> 00:31:05,167
We have a number of suspects,
950
00:31:05,209 --> 00:31:08,000
but if you have a suspect and
951
00:31:05,209 --> 00:31:08,000
no evidence you have nothing.
952
00:31:08,042 --> 00:31:11,250
Your job is to go
953
00:31:08,042 --> 00:31:11,250
find the evidence."
954
00:31:11,292 --> 00:31:13,417
So I took a staff
955
00:31:11,292 --> 00:31:13,417
of about 50 people
956
00:31:13,459 --> 00:31:16,375
and went to Berlin,
957
00:31:13,459 --> 00:31:16,375
set up the organization
958
00:31:16,417 --> 00:31:17,751
to start searching
959
00:31:16,417 --> 00:31:17,751
in the archives
960
00:31:17,792 --> 00:31:19,626
of the Foreign Ministry,
961
00:31:19,667 --> 00:31:24,125
the SS, the Gestapo, the
962
00:31:19,667 --> 00:31:24,125
army, and the industrialists
963
00:31:24,167 --> 00:31:26,209
to see what evidence we had
964
00:31:26,250 --> 00:31:29,167
that they had
965
00:31:26,250 --> 00:31:29,167
committed war crimes.
966
00:31:29,209 --> 00:31:33,667
It was in that capacity that
967
00:31:29,209 --> 00:31:33,667
one of my staff members,
968
00:31:33,709 --> 00:31:36,667
a boy from Switzerland came
969
00:31:33,709 --> 00:31:36,667
and he said look what I found
970
00:31:36,709 --> 00:31:38,959
in the offices of
971
00:31:36,709 --> 00:31:38,959
the Foreign Ministry,
972
00:31:39,000 --> 00:31:41,375
and it was a complete dossier,
973
00:31:41,417 --> 00:31:44,292
the daily reports
974
00:31:41,417 --> 00:31:44,292
coming in from the front
975
00:31:44,334 --> 00:31:47,292
saying how many Jews
976
00:31:44,334 --> 00:31:47,292
these units had murdered.
977
00:31:47,334 --> 00:31:50,083
Now these units were
978
00:31:47,334 --> 00:31:50,083
called Einsatzgruppe,
979
00:31:50,125 --> 00:31:52,292
and it was
980
00:31:50,125 --> 00:31:52,292
deliberately disguised
981
00:31:52,334 --> 00:31:55,584
so you couldn't tell from
982
00:31:52,334 --> 00:31:55,584
the name what it was,
983
00:31:55,626 --> 00:31:58,334
because their
984
00:31:55,626 --> 00:31:58,334
assignment was to go in
985
00:31:58,375 --> 00:32:01,626
behind the German
986
00:31:58,375 --> 00:32:01,626
lines and then murder,
987
00:32:01,667 --> 00:32:03,167
they never used the word murder,
988
00:32:03,209 --> 00:32:05,292
they said eliminate,
989
00:32:03,209 --> 00:32:05,292
exterminate,
990
00:32:05,334 --> 00:32:08,250
every single Jewish man, woman,
991
00:32:05,334 --> 00:32:08,250
and child they could lay
992
00:32:08,292 --> 00:32:10,292
their hands on and do the same
993
00:32:08,292 --> 00:32:10,292
thing for the Gypsies
994
00:32:10,334 --> 00:32:14,042
and do the same thing
995
00:32:10,334 --> 00:32:14,042
for any suspected
996
00:32:14,083 --> 00:32:15,876
possible enemies of the Reich.
997
00:32:15,918 --> 00:32:17,876
That was their job.
998
00:32:17,918 --> 00:32:20,751
They had these daily
999
00:32:17,918 --> 00:32:20,751
reports sent back to Berlin
1000
00:32:20,792 --> 00:32:24,375
where they were consolidated
1001
00:32:20,792 --> 00:32:24,375
and put together in a folder
1002
00:32:24,417 --> 00:32:26,918
and then each of those
1003
00:32:24,417 --> 00:32:26,918
reports was sent down
1004
00:32:26,959 --> 00:32:28,792
and I had the distribution list,
1005
00:32:28,834 --> 00:32:32,167
to 99 different branches
1006
00:32:28,834 --> 00:32:32,167
of the German government.
1007
00:32:32,209 --> 00:32:33,834
To people like the army who said
1008
00:32:33,876 --> 00:32:35,250
I never heard
1009
00:32:33,876 --> 00:32:35,250
anything about that
1010
00:32:35,292 --> 00:32:37,375
down in my area and so on.
1011
00:32:37,417 --> 00:32:40,334
That was baloney, they are
1012
00:32:37,417 --> 00:32:40,334
under my distribution list
1013
00:32:40,375 --> 00:32:43,500
so I took an adding machine
1014
00:32:40,375 --> 00:32:43,500
and began to add them up
1015
00:32:43,542 --> 00:32:46,918
and when I reached a
1016
00:32:43,542 --> 00:32:46,918
million people murdered,
1017
00:32:46,959 --> 00:32:48,417
I said that's enough.
1018
00:32:48,459 --> 00:32:51,751
I took a sampling, took
1019
00:32:48,459 --> 00:32:51,751
the next plane from Berlin
1020
00:32:51,792 --> 00:32:53,918
where I had the
1021
00:32:51,792 --> 00:32:53,918
headquarters for that,
1022
00:32:53,959 --> 00:32:56,375
went down to Nuremberg
1023
00:32:53,959 --> 00:32:56,375
and I said "General,"
1024
00:32:56,417 --> 00:32:58,375
by that time he
1025
00:32:56,417 --> 00:32:58,375
had been promoted,
1026
00:32:58,417 --> 00:33:00,959
"we got to put on a new trial."
1027
00:33:04,626 --> 00:33:08,459
The Einsatzgruppe
1028
00:33:04,626 --> 00:33:08,459
were task forces
1029
00:33:08,500 --> 00:33:10,125
moving behind the front lines
1030
00:33:10,167 --> 00:33:13,792
and their only
1031
00:33:10,167 --> 00:33:13,792
purpose was to kill
1032
00:33:13,834 --> 00:33:17,751
Jews, minorities,
1033
00:33:13,834 --> 00:33:17,751
and opposition.
1034
00:33:17,792 --> 00:33:21,709
So they were really
1035
00:33:17,792 --> 00:33:21,709
like killing squads.
1036
00:33:21,751 --> 00:33:25,918
These were the
1037
00:33:21,751 --> 00:33:25,918
forces that rode around
1038
00:33:25,959 --> 00:33:29,584
and machine gunned
1039
00:33:29,626 --> 00:33:34,667
whole villages and communities
1040
00:33:34,709 --> 00:33:39,667
lined up on the
1041
00:33:34,709 --> 00:33:39,667
edge of mass graves.
1042
00:33:45,792 --> 00:33:50,792
This was not the industrial
1043
00:33:45,792 --> 00:33:50,792
horror of Auschwitz.
1044
00:33:53,709 --> 00:33:56,459
This was a direct
1045
00:33:56,500 --> 00:34:01,459
human being to human
1046
00:33:56,500 --> 00:34:01,459
being atrocity.
1047
00:34:05,375 --> 00:34:09,876
It concentrated in
1048
00:34:05,375 --> 00:34:09,876
a very direct way
1049
00:34:09,918 --> 00:34:12,751
the ability of one human being
1050
00:34:12,792 --> 00:34:17,083
to savagely destroy another
1051
00:34:17,125 --> 00:34:20,500
in a way that is just
1052
00:34:17,125 --> 00:34:20,500
incomprehensible.
1053
00:34:28,417 --> 00:34:30,834
He said "I'm sorry,
1054
00:34:28,417 --> 00:34:30,834
we can't do it.
1055
00:34:30,876 --> 00:34:35,000
All the 12 trials have been
1056
00:34:30,876 --> 00:34:35,000
approved by the Pentagon.
1057
00:34:35,042 --> 00:34:38,876
We have, the staff has
1058
00:34:35,042 --> 00:34:38,876
already been assigned.
1059
00:34:38,918 --> 00:34:41,709
We don't have staff, we
1060
00:34:38,918 --> 00:34:41,709
probably can't get approval
1061
00:34:41,751 --> 00:34:43,125
for any more crimes anyway.
1062
00:34:43,167 --> 00:34:45,375
The Pentagon had already cooled
1063
00:34:45,417 --> 00:34:48,375
on the trials, so
1064
00:34:45,417 --> 00:34:48,375
we can't do it."
1065
00:34:48,417 --> 00:34:51,417
"Ah," I said, "you can't
1066
00:34:48,417 --> 00:34:51,417
let these guys go.
1067
00:34:51,459 --> 00:34:54,626
I have in my hand mass murder
1068
00:34:51,459 --> 00:34:54,626
on an incredible scale.
1069
00:34:54,667 --> 00:34:56,083
The evidence is all here.
1070
00:34:56,125 --> 00:34:58,667
You're not gonna let
1071
00:34:56,125 --> 00:34:58,667
these guys walk away."
1072
00:34:58,709 --> 00:35:01,042
He said, "Well can you do it in
1073
00:34:58,709 --> 00:35:01,042
addition to your other work?"
1074
00:35:01,083 --> 00:35:02,792
And I said, "Sure!"
1075
00:35:02,834 --> 00:35:04,751
And he said
1076
00:35:02,834 --> 00:35:04,751
"Okay, so you do it."
1077
00:35:04,792 --> 00:35:08,792
Okay, and so it happened that
1078
00:35:04,792 --> 00:35:08,792
I became the chief prosecutor
1079
00:35:08,834 --> 00:35:10,542
of what turned out to be
1080
00:35:10,584 --> 00:35:12,709
the biggest murder
1081
00:35:10,584 --> 00:35:12,709
trial in human history.
1082
00:35:12,751 --> 00:35:16,876
I have to say looking
1083
00:35:12,751 --> 00:35:16,876
back on myself at 27,
1084
00:35:16,918 --> 00:35:19,250
I don't know about you, I
1085
00:35:16,918 --> 00:35:19,250
can't think of very many people
1086
00:35:19,292 --> 00:35:23,626
who would've had the
1087
00:35:19,292 --> 00:35:23,626
confidence, the skill,
1088
00:35:23,667 --> 00:35:28,667
and the knowledge in
1089
00:35:23,667 --> 00:35:28,667
a new legal territory
1090
00:35:29,792 --> 00:35:32,876
to be so persuasive
1091
00:35:29,792 --> 00:35:32,876
in that role.
1092
00:35:39,876 --> 00:35:43,626
First of all, you only pick
1093
00:35:39,876 --> 00:35:43,626
a guy who's in captivity.
1094
00:35:43,667 --> 00:35:46,876
You don't name Adolf Hitler
1095
00:35:43,667 --> 00:35:46,876
'cause you know he's dead,
1096
00:35:46,918 --> 00:35:48,918
and there's no sense
1097
00:35:46,918 --> 00:35:48,918
putting him in.
1098
00:35:48,959 --> 00:35:53,042
So I first said is he dead
1099
00:35:48,959 --> 00:35:53,042
or alive, and do we have him?
1100
00:35:53,083 --> 00:35:54,959
If we haven't got him, you know
1101
00:35:55,000 --> 00:35:57,167
Mengele and people
1102
00:35:55,000 --> 00:35:57,167
like that, forget it.
1103
00:35:57,209 --> 00:35:59,209
They may be the top,
1104
00:35:57,209 --> 00:35:59,209
but we haven't got 'em.
1105
00:35:59,250 --> 00:36:01,500
So you have to know
1106
00:35:59,250 --> 00:36:01,500
he's in captivity.
1107
00:36:01,542 --> 00:36:04,042
[somber music]
1108
00:36:06,500 --> 00:36:10,626
Now, and what evidence
1109
00:36:06,500 --> 00:36:10,626
do we have against him?
1110
00:36:10,667 --> 00:36:11,709
The Einsatzgruppe was easy.
1111
00:36:11,751 --> 00:36:13,125
I had their daily reports.
1112
00:36:15,250 --> 00:36:18,334
I had the roster of all the
1113
00:36:15,250 --> 00:36:18,334
members of the Einsatzgruppe.
1114
00:36:18,375 --> 00:36:20,042
So I just went through
1115
00:36:18,375 --> 00:36:20,042
them and picked me out
1116
00:36:20,083 --> 00:36:22,042
the highest ranking ones,
1117
00:36:22,083 --> 00:36:25,209
and so they had about
1118
00:36:22,083 --> 00:36:25,209
five or six generals.
1119
00:36:25,250 --> 00:36:26,918
I had no enlisted
1120
00:36:25,250 --> 00:36:26,918
men in my dock.
1121
00:36:26,959 --> 00:36:29,417
Having been an enlisted man
1122
00:36:26,959 --> 00:36:29,417
in the United States Army
1123
00:36:29,459 --> 00:36:30,959
maybe I was biased.
1124
00:36:31,000 --> 00:36:33,167
No enlisted men in my dock.
1125
00:36:33,209 --> 00:36:35,751
Give me the highest rank
1126
00:36:33,209 --> 00:36:35,751
and the best educated.
1127
00:36:35,792 --> 00:36:38,042
Those are the two criteria.
1128
00:36:40,667 --> 00:36:43,292
Many of them with
1129
00:36:40,667 --> 00:36:43,292
doctor degrees,
1130
00:36:43,334 --> 00:36:45,834
doctor, Dr. Rasch had
1131
00:36:43,334 --> 00:36:45,834
a double doctorate
1132
00:36:45,876 --> 00:36:47,918
and I never had
1133
00:36:45,876 --> 00:36:47,918
heard that before.
1134
00:36:47,959 --> 00:36:50,125
I was surprised at doctor
1135
00:36:47,959 --> 00:36:50,125
doctor, two doctorates.
1136
00:36:50,167 --> 00:36:54,209
He killed 33,721
1137
00:36:50,167 --> 00:36:54,209
Jews in two days.
1138
00:36:54,250 --> 00:36:56,375
29, 30 September, 1941.
1139
00:36:59,959 --> 00:37:01,167
I got the bastard.
1140
00:37:01,209 --> 00:37:02,709
[laughs]
1141
00:37:02,751 --> 00:37:05,500
[somber music]
1142
00:37:10,417 --> 00:37:12,876
Ben: I was the first
1143
00:37:10,417 --> 00:37:12,876
one in the courtroom.
1144
00:37:16,834 --> 00:37:19,375
I went in, I sat down,
1145
00:37:16,834 --> 00:37:19,375
there was nobody but me.
1146
00:37:23,792 --> 00:37:26,042
I was thinking over my statement
1147
00:37:26,083 --> 00:37:28,751
which I had written
1148
00:37:26,083 --> 00:37:28,751
the day before.
1149
00:37:28,792 --> 00:37:30,792
I was seeing if I
1150
00:37:28,792 --> 00:37:30,792
could improve it,
1151
00:37:30,834 --> 00:37:32,667
and I was waiting for
1152
00:37:30,834 --> 00:37:32,667
the trial to begin.
1153
00:37:36,667 --> 00:37:37,792
I was calm.
1154
00:37:38,959 --> 00:37:40,751
I was determined.
1155
00:37:42,834 --> 00:37:45,042
I didn't realize I
1156
00:37:42,834 --> 00:37:45,042
would be making history.
1157
00:37:53,918 --> 00:37:56,417
We are now ready to hear
1158
00:37:56,459 --> 00:37:58,792
the presentation
1159
00:37:56,459 --> 00:37:58,792
by the prosecution.
1160
00:37:58,834 --> 00:38:02,250
I made the opening statement,
1161
00:37:58,834 --> 00:38:02,250
which stated the case.
1162
00:38:02,292 --> 00:38:04,250
It did not appear on the film,
1163
00:38:04,292 --> 00:38:06,459
because the film
1164
00:38:04,292 --> 00:38:06,459
didn't start rolling
1165
00:38:06,500 --> 00:38:08,876
until after the first
1166
00:38:06,500 --> 00:38:08,876
paragraph had been done,
1167
00:38:08,918 --> 00:38:11,584
and what it left out was
1168
00:38:08,918 --> 00:38:11,584
the important beginning.
1169
00:38:11,626 --> 00:38:13,626
It was, "May it
1170
00:38:11,626 --> 00:38:13,626
please your honors,
1171
00:38:13,667 --> 00:38:15,876
it is with sorrow and with hope
1172
00:38:15,918 --> 00:38:18,250
that we here disclose
1173
00:38:15,918 --> 00:38:18,250
the massive murder
1174
00:38:18,292 --> 00:38:20,167
of a million people et cetera."
1175
00:38:21,792 --> 00:38:23,667
This was the tragic fulfillment
1176
00:38:25,042 --> 00:38:28,751
of a program of
1177
00:38:25,042 --> 00:38:28,751
intolerance and arrogance.
1178
00:38:28,792 --> 00:38:30,292
But I was very specific.
1179
00:38:30,334 --> 00:38:32,459
Vengeance is not our goal.
1180
00:38:33,667 --> 00:38:37,167
Nor do we seek merely
1181
00:38:33,667 --> 00:38:37,167
a just retribution.
1182
00:38:38,334 --> 00:38:42,918
We ask this court to affirm
1183
00:38:38,334 --> 00:38:42,918
by international penal action
1184
00:38:44,834 --> 00:38:48,125
man's right to live
1185
00:38:44,834 --> 00:38:48,125
in peace and dignity
1186
00:38:49,167 --> 00:38:51,334
regardless of his race or creed.
1187
00:38:53,500 --> 00:38:58,500
The case we present is a
1188
00:38:53,500 --> 00:38:58,500
plea of humanity to law.
1189
00:39:00,167 --> 00:39:02,709
So here at 27, I
1190
00:39:00,167 --> 00:39:02,709
don't know about you,
1191
00:39:02,751 --> 00:39:05,334
27 is just the beginning
1192
00:39:02,751 --> 00:39:05,334
of being a grownup
1193
00:39:05,375 --> 00:39:07,876
and he was in
1194
00:39:05,375 --> 00:39:07,876
front of the world.
1195
00:39:07,918 --> 00:39:11,083
He wasn't just in front of these
1196
00:39:07,918 --> 00:39:11,083
judges and these defendants.
1197
00:39:11,125 --> 00:39:12,834
He was in front of the world
1198
00:39:12,876 --> 00:39:14,751
making a case as a prosecutor.
1199
00:39:14,792 --> 00:39:16,918
Looking at the
1200
00:39:14,792 --> 00:39:16,918
judges and saying
1201
00:39:16,959 --> 00:39:21,709
the case we present is a
1202
00:39:16,959 --> 00:39:21,709
plea of humanity to law,
1203
00:39:21,751 --> 00:39:22,709
beautiful stuff.
1204
00:39:22,751 --> 00:39:25,584
Honestly, it was years for me
1205
00:39:25,626 --> 00:39:28,417
before I wouldn't get literally
1206
00:39:25,626 --> 00:39:28,417
teary eyed and emotional
1207
00:39:28,459 --> 00:39:29,918
just saying those words
1208
00:39:28,459 --> 00:39:29,918
because I think they're
1209
00:39:29,959 --> 00:39:32,876
so powerful, so
1210
00:39:29,959 --> 00:39:32,876
beautiful, so applicable,
1211
00:39:32,918 --> 00:39:34,375
so apropos to what's
1212
00:39:32,918 --> 00:39:34,375
happening today.
1213
00:39:34,417 --> 00:39:39,834
We shall show that these
1214
00:39:34,417 --> 00:39:39,834
deeds of men in uniform
1215
00:39:39,876 --> 00:39:44,834
for the methodical execution
1216
00:39:39,876 --> 00:39:44,834
of long range plans
1217
00:39:44,876 --> 00:39:50,292
to destroy ethnic, national,
1218
00:39:44,876 --> 00:39:50,292
political, and religious groups
1219
00:39:51,542 --> 00:39:54,250
which stood condemned
1220
00:39:51,542 --> 00:39:54,250
in the Nazi mind.
1221
00:39:55,876 --> 00:39:59,876
Here's Ben standing
1222
00:39:55,876 --> 00:39:59,876
on some books
1223
00:39:59,918 --> 00:40:03,834
so that he can be
1224
00:39:59,918 --> 00:40:03,834
taller than the lectern
1225
00:40:03,876 --> 00:40:07,042
that is immediately
1226
00:40:03,876 --> 00:40:07,042
in front of him.
1227
00:40:07,083 --> 00:40:10,375
I can only imagine what
1228
00:40:07,083 --> 00:40:10,375
he must have felt like here.
1229
00:40:10,417 --> 00:40:13,167
This little Jewish guy who,
1230
00:40:10,417 --> 00:40:13,167
had his parents not left,
1231
00:40:13,209 --> 00:40:15,959
would've been one of
1232
00:40:13,209 --> 00:40:15,959
those gassed and killed,
1233
00:40:16,000 --> 00:40:20,667
standing and looking at
1234
00:40:16,000 --> 00:40:20,667
these German supermen
1235
00:40:20,709 --> 00:40:23,626
and saying "I have
1236
00:40:20,709 --> 00:40:23,626
more power now,
1237
00:40:23,667 --> 00:40:25,125
but I'm just a kid."
1238
00:40:25,167 --> 00:40:27,417
It must have been
1239
00:40:25,167 --> 00:40:27,417
such a mixed feeling
1240
00:40:27,459 --> 00:40:32,250
of passion and determination,
1241
00:40:27,459 --> 00:40:32,250
"I have to do this,"
1242
00:40:32,292 --> 00:40:35,250
and nervousness
1243
00:40:32,292 --> 00:40:35,250
and a combination
1244
00:40:35,292 --> 00:40:37,292
of self-confidence
1245
00:40:35,292 --> 00:40:37,292
and self-doubt.
1246
00:40:39,500 --> 00:40:41,751
[Ben] I wasn't nervous at all.
1247
00:40:41,792 --> 00:40:42,959
I didn't kill anybody.
1248
00:40:43,000 --> 00:40:44,667
They were the ones
1249
00:40:43,000 --> 00:40:44,667
who were nervous,
1250
00:40:44,709 --> 00:40:47,542
and they should have been
1251
00:40:44,709 --> 00:40:47,542
'cause I had the evidence.
1252
00:40:48,918 --> 00:40:51,500
You know this was really
1253
00:40:48,918 --> 00:40:51,500
every prosecutor's dream.
1254
00:40:51,542 --> 00:40:52,751
You don't have to
1255
00:40:51,542 --> 00:40:52,751
call a witness.
1256
00:40:52,792 --> 00:40:55,292
All you have to do is
1257
00:40:52,792 --> 00:40:55,292
enter the documents,
1258
00:40:55,334 --> 00:40:58,792
primary documents saying when,
1259
00:40:55,334 --> 00:40:58,792
where, who did the killing.
1260
00:40:58,834 --> 00:41:02,250
[Safferling]
1261
00:40:58,834 --> 00:41:02,250
Because you had enough written
1262
00:40:58,834 --> 00:41:02,250
documentary material
1263
00:41:02,292 --> 00:41:04,792
that you could point
1264
00:41:02,292 --> 00:41:04,792
at saying, "Yeah."
1265
00:41:04,834 --> 00:41:07,209
Here you say, "Is
1266
00:41:04,834 --> 00:41:07,209
this your signature?"
1267
00:41:07,250 --> 00:41:09,125
And that's it.
1268
00:41:09,167 --> 00:41:12,709
You didn't need to have any
1269
00:41:09,167 --> 00:41:12,709
more proof by witnesses.
1270
00:41:13,500 --> 00:41:15,792
And of course the Germans
1271
00:41:13,500 --> 00:41:15,792
were cautious enough
1272
00:41:15,834 --> 00:41:18,792
to put everything into
1273
00:41:15,834 --> 00:41:18,792
the books that they did.
1274
00:41:20,584 --> 00:41:23,292
And offered as
1275
00:41:20,584 --> 00:41:23,292
prosecution exhibit 29,
1276
00:41:26,834 --> 00:41:28,751
I see there's another
1277
00:41:26,834 --> 00:41:28,751
objection coming.
1278
00:41:28,792 --> 00:41:29,792
I'll continue the quote.
1279
00:41:33,918 --> 00:41:38,167
[speaks foreign language]
1280
00:41:38,209 --> 00:41:41,375
The defense lawyers
1281
00:41:38,209 --> 00:41:41,375
who were generally German
1282
00:41:41,417 --> 00:41:45,042
were actually a highly
1283
00:41:41,417 --> 00:41:45,042
talented group of lawyers,
1284
00:41:45,083 --> 00:41:49,167
and they bore themselves
1285
00:41:45,083 --> 00:41:49,167
quite well in the courtroom
1286
00:41:49,209 --> 00:41:51,751
and they sometimes
1287
00:41:49,209 --> 00:41:51,751
were able to challenge
1288
00:41:51,792 --> 00:41:54,542
the prosecution
1289
00:41:51,792 --> 00:41:54,542
quite effectively.
1290
00:41:54,584 --> 00:41:57,792
They were very
1291
00:41:54,584 --> 00:41:57,792
much individualists,
1292
00:41:57,834 --> 00:42:02,000
and they didn't come up with
1293
00:41:57,834 --> 00:42:02,000
a sort of common strategy.
1294
00:42:02,042 --> 00:42:03,792
They all had their
1295
00:42:02,042 --> 00:42:03,792
own strategies.
1296
00:42:03,834 --> 00:42:08,292
They were paid by the tribunal,
1297
00:42:08,334 --> 00:42:10,709
and for the times then
1298
00:42:10,751 --> 00:42:12,584
it was a considerable
1299
00:42:10,751 --> 00:42:12,584
amount of money.
1300
00:42:12,626 --> 00:42:16,125
You know, in 1945 Germany
1301
00:42:12,626 --> 00:42:16,125
was totally destructed
1302
00:42:16,167 --> 00:42:19,334
and for a lawyer I think it
1303
00:42:16,167 --> 00:42:19,334
was quite a good thing to,
1304
00:42:19,375 --> 00:42:22,834
to work at the tribunal because
1305
00:42:19,375 --> 00:42:22,834
you were given money
1306
00:42:22,876 --> 00:42:24,083
on a regular basis.
1307
00:42:24,125 --> 00:42:28,918
It should be recognized
1308
00:42:24,125 --> 00:42:28,918
that in 1945 and '46,
1309
00:42:28,959 --> 00:42:32,751
the German people
1310
00:42:28,959 --> 00:42:32,751
were not necessarily
1311
00:42:32,792 --> 00:42:35,751
seeking to tarnish
1312
00:42:32,792 --> 00:42:35,751
the reputation
1313
00:42:35,792 --> 00:42:39,959
of their surviving
1314
00:42:35,792 --> 00:42:39,959
leaders at that time.
1315
00:42:40,000 --> 00:42:41,834
There was a lot of
1316
00:42:40,000 --> 00:42:41,834
opposition to Nuremberg
1317
00:42:41,876 --> 00:42:44,083
by the German
1318
00:42:41,876 --> 00:42:44,083
people, and so when
1319
00:42:44,125 --> 00:42:46,292
they saw their leaders
1320
00:42:44,125 --> 00:42:46,292
up on the stand
1321
00:42:46,334 --> 00:42:49,250
this was an assault
1322
00:42:46,334 --> 00:42:49,250
on German honor.
1323
00:42:49,292 --> 00:42:52,709
And so you know the
1324
00:42:49,292 --> 00:42:52,709
defense lawyers knew
1325
00:42:52,751 --> 00:42:56,834
that they sort of had the
1326
00:42:52,751 --> 00:42:56,834
German people behind them
1327
00:42:56,876 --> 00:43:01,584
in representing the Nazi
1328
00:42:56,876 --> 00:43:01,584
defendants on the stand.
1329
00:43:03,000 --> 00:43:05,000
Judge: Have you
1330
00:43:03,000 --> 00:43:05,000
read the indictment?
1331
00:43:05,042 --> 00:43:06,250
Yeah.
1332
00:43:06,292 --> 00:43:08,209
Judge: How do you plead
1333
00:43:06,292 --> 00:43:08,209
to this indictment?
1334
00:43:08,250 --> 00:43:09,667
Guilty or not guilty?
1335
00:43:11,417 --> 00:43:13,792
[speaks foreign language]
1336
00:43:13,834 --> 00:43:15,751
"Not guilty in the
1337
00:43:13,834 --> 00:43:15,751
sense of the indictment"
1338
00:43:15,792 --> 00:43:18,709
is what they said, but
1339
00:43:15,792 --> 00:43:18,709
what did that mean?
1340
00:43:18,751 --> 00:43:19,918
The judge said correctly,
1341
00:43:18,751 --> 00:43:19,918
"We'll take that
1342
00:43:19,959 --> 00:43:21,584
as a plea of not guilty."
1343
00:43:21,626 --> 00:43:24,876
I think the defendants
1344
00:43:21,626 --> 00:43:24,876
honestly believed
1345
00:43:24,918 --> 00:43:27,083
they were not guilty.
1346
00:43:27,125 --> 00:43:32,292
They had persuaded themselves
1347
00:43:27,125 --> 00:43:32,292
that they did the right thing.
1348
00:43:32,334 --> 00:43:35,876
These were people who were
1349
00:43:35,918 --> 00:43:40,209
not necessarily born to
1350
00:43:35,918 --> 00:43:40,209
become mass murderers.
1351
00:43:40,250 --> 00:43:43,626
They were susceptible
1352
00:43:40,250 --> 00:43:43,626
to the pressures
1353
00:43:43,667 --> 00:43:47,709
that made them mass
1354
00:43:43,667 --> 00:43:47,709
murderers in the Nazi regime.
1355
00:43:47,751 --> 00:43:50,000
That doesn't mean that
1356
00:43:47,751 --> 00:43:50,000
I could ever do that.
1357
00:43:50,042 --> 00:43:51,250
I could never do that, no matter
1358
00:43:51,292 --> 00:43:52,918
what the circumstances were.
1359
00:43:52,959 --> 00:43:56,751
There are certain people who
1360
00:43:52,959 --> 00:43:56,751
could never, ever become Nazis
1361
00:43:56,792 --> 00:43:59,083
and there are others who
1362
00:43:56,792 --> 00:43:59,083
could've gone either way
1363
00:43:59,125 --> 00:44:01,626
and I think many of the
1364
00:43:59,125 --> 00:44:01,626
defendants at Nuremberg
1365
00:44:01,667 --> 00:44:04,626
could have gone either way.
1366
00:44:06,125 --> 00:44:09,751
[speaks foreign language]
1367
00:44:18,334 --> 00:44:23,083
Dr. Otto Ohlendorf,
1368
00:44:18,334 --> 00:44:23,083
General of the SS.
1369
00:44:23,125 --> 00:44:24,709
I knew him quite well.
1370
00:44:24,751 --> 00:44:27,876
Now, would I call him an animal?
1371
00:44:27,918 --> 00:44:29,876
He was rational.
1372
00:44:29,918 --> 00:44:32,709
He was I'm sure good
1373
00:44:29,918 --> 00:44:32,709
to his cats and dogs.
1374
00:44:32,751 --> 00:44:34,167
He was the father
1375
00:44:32,751 --> 00:44:34,167
of five children.
1376
00:44:34,209 --> 00:44:36,918
He made a sensible argument.
1377
00:44:36,959 --> 00:44:40,626
He was reasonably
1378
00:44:36,959 --> 00:44:40,626
honest in his answers.
1379
00:44:40,667 --> 00:44:42,792
He said he would do it again,
1380
00:44:42,834 --> 00:44:45,751
even if they ordered him
1381
00:44:42,834 --> 00:44:45,751
to kill his own sister
1382
00:44:45,792 --> 00:44:49,876
and the reason was Hitler
1383
00:44:45,792 --> 00:44:49,876
knew that the Germans
1384
00:44:49,918 --> 00:44:52,709
were going to be
1385
00:44:49,918 --> 00:44:52,709
attacked by the Russians
1386
00:44:52,751 --> 00:44:54,918
and Hitler had more
1387
00:44:52,751 --> 00:44:54,918
knowledge than he did,
1388
00:44:54,959 --> 00:44:57,751
therefore he was in no
1389
00:44:54,959 --> 00:44:57,751
position to challenge that.
1390
00:44:57,792 --> 00:45:01,000
And it was lawful,
1391
00:44:57,792 --> 00:45:01,000
therefore to act
1392
00:45:01,042 --> 00:45:05,751
in anticipatory self-defense
1393
00:45:01,042 --> 00:45:05,751
to prevent that from happening
1394
00:45:05,792 --> 00:45:07,334
and that's what he was doing.
1395
00:45:07,375 --> 00:45:11,709
He made an argument which the
1396
00:45:07,375 --> 00:45:11,709
Pentagon would make today.
1397
00:45:13,000 --> 00:45:15,209
Self-defense was his plea.
1398
00:45:17,167 --> 00:45:20,918
Man: Very well, we'll leave
1399
00:45:17,167 --> 00:45:20,918
this after one more question.
1400
00:45:20,959 --> 00:45:25,292
The figure of 90,000 is the
1401
00:45:20,959 --> 00:45:25,292
best estimate you can give
1402
00:45:27,959 --> 00:45:28,709
at this moment.
1403
00:45:29,918 --> 00:45:32,375
I take it we must
1404
00:45:29,918 --> 00:45:32,375
continue to read that
1405
00:45:32,417 --> 00:45:37,125
with the qualification which
1406
00:45:32,417 --> 00:45:37,125
you gave in direct testimony
1407
00:45:37,167 --> 00:45:41,667
that you think there's a great
1408
00:45:37,167 --> 00:45:41,667
deal of exaggeration in it.
1409
00:45:42,876 --> 00:45:44,959
He made the point,
1410
00:45:42,876 --> 00:45:44,959
some of the commanders
1411
00:45:45,000 --> 00:45:48,626
would take the infants
1412
00:45:45,000 --> 00:45:48,626
and just hold 'em by a leg
1413
00:45:48,667 --> 00:45:50,751
and smash their
1414
00:45:48,667 --> 00:45:50,751
head against a tree
1415
00:45:50,792 --> 00:45:52,918
and he said I didn't
1416
00:45:50,792 --> 00:45:52,918
believe in that.
1417
00:45:52,959 --> 00:45:56,709
He said, "I told my men
1418
00:45:52,959 --> 00:45:56,709
when a mother has an infant
1419
00:45:56,751 --> 00:45:58,751
and of course the
1420
00:45:56,751 --> 00:45:58,751
infant is crying
1421
00:45:58,792 --> 00:46:00,250
and the mother is crying
1422
00:46:00,292 --> 00:46:03,584
and she's holding the
1423
00:46:00,292 --> 00:46:03,584
infant to her breast,
1424
00:46:03,626 --> 00:46:06,626
aim for the infant because
1425
00:46:03,626 --> 00:46:06,626
you'll kill both of them
1426
00:46:06,667 --> 00:46:08,709
with one shot, you'll
1427
00:46:06,667 --> 00:46:08,709
quiet the mother,
1428
00:46:08,751 --> 00:46:11,792
you'll save ammunition
1429
00:46:08,751 --> 00:46:11,792
and it's much more humane."
1430
00:46:13,751 --> 00:46:14,709
"And there were other things.
1431
00:46:14,751 --> 00:46:16,792
For example, we had gas vans.
1432
00:46:16,834 --> 00:46:19,709
They were ordinary, you
1433
00:46:16,834 --> 00:46:19,709
know, like trailers here
1434
00:46:19,751 --> 00:46:23,542
except that they attached
1435
00:46:19,751 --> 00:46:23,542
the hose from the engine
1436
00:46:23,584 --> 00:46:25,876
to the inside so the fumes would
1437
00:46:25,918 --> 00:46:28,918
asphyxiate the people
1438
00:46:25,918 --> 00:46:28,918
inside the van,
1439
00:46:28,959 --> 00:46:31,000
and they'd pack 'em
1440
00:46:28,959 --> 00:46:31,000
in solid, lock 'em in,
1441
00:46:31,042 --> 00:46:32,918
and about 20 minutes
1442
00:46:31,042 --> 00:46:32,918
they get to the place
1443
00:46:32,959 --> 00:46:35,125
where they're going to
1444
00:46:32,959 --> 00:46:35,125
dump 'em, open the van
1445
00:46:35,167 --> 00:46:36,459
and dump 'em all
1446
00:46:35,167 --> 00:46:36,459
into the ditch."
1447
00:46:36,500 --> 00:46:39,250
But Ohlendorf said,
1448
00:46:36,500 --> 00:46:39,250
"I didn't like the gas vans
1449
00:46:39,292 --> 00:46:42,083
because some of
1450
00:46:39,292 --> 00:46:42,083
them were not dead,
1451
00:46:42,125 --> 00:46:43,959
and then you had to
1452
00:46:42,125 --> 00:46:43,959
sort 'em out by hand
1453
00:46:44,000 --> 00:46:46,876
and they were screaming
1454
00:46:44,000 --> 00:46:46,876
and they were bloody
1455
00:46:46,918 --> 00:46:49,709
and they were messy,"
1456
00:46:46,918 --> 00:46:49,709
and he said, "it was bad
1457
00:46:49,751 --> 00:46:52,167
for the morale of the
1458
00:46:49,751 --> 00:46:52,167
men to have to do that.
1459
00:46:52,209 --> 00:46:55,292
So I told 'em I didn't want
1460
00:46:52,209 --> 00:46:55,292
any more of the gas vans."
1461
00:46:55,334 --> 00:46:58,751
So Ohlendorf was really
1462
00:46:55,334 --> 00:46:58,751
quite a decent chap,
1463
00:46:58,792 --> 00:47:00,334
you might say,
1464
00:46:58,792 --> 00:47:00,334
aside from the fact
1465
00:47:00,375 --> 00:47:02,125
that he killed 90,000 Jews,
1466
00:47:02,167 --> 00:47:03,918
I'm sure he was
1467
00:47:02,167 --> 00:47:03,918
quite a gentleman.
1468
00:47:03,959 --> 00:47:07,000
[somber music]
1469
00:47:15,250 --> 00:47:17,042
These million
1470
00:47:15,250 --> 00:47:17,042
people were murdered
1471
00:47:17,083 --> 00:47:20,500
because they didn't share
1472
00:47:17,083 --> 00:47:20,500
the race, the religion,
1473
00:47:20,542 --> 00:47:23,375
or the ideology of
1474
00:47:20,542 --> 00:47:23,375
their executioners,
1475
00:47:23,417 --> 00:47:24,876
and I said, "That's
1476
00:47:23,417 --> 00:47:24,876
a terrible crime
1477
00:47:24,918 --> 00:47:27,500
and it's a crime
1478
00:47:24,918 --> 00:47:27,500
against humanity."
1479
00:47:27,542 --> 00:47:29,834
And I called it a
1480
00:47:27,542 --> 00:47:29,834
crime against humanity.
1481
00:47:32,918 --> 00:47:35,125
And I said, "If we can
1482
00:47:32,918 --> 00:47:35,125
prevent that in future
1483
00:47:35,167 --> 00:47:37,792
by condemning crimes
1484
00:47:35,167 --> 00:47:37,792
against humanity,
1485
00:47:37,834 --> 00:47:40,792
we will reassert the
1486
00:47:37,834 --> 00:47:40,792
legal right of all people
1487
00:47:40,834 --> 00:47:42,876
to be protected."
1488
00:47:46,250 --> 00:47:48,334
If we could establish
1489
00:47:46,250 --> 00:47:48,334
a principle rule
1490
00:47:48,375 --> 00:47:51,626
which would protect
1491
00:47:48,375 --> 00:47:51,626
humanity in the future,
1492
00:47:51,667 --> 00:47:54,083
then this trial
1493
00:47:51,667 --> 00:47:54,083
would be significant.
1494
00:47:59,918 --> 00:48:03,000
For the first time, the
1495
00:47:59,918 --> 00:48:03,000
international community
1496
00:48:03,042 --> 00:48:07,542
tried to put law as an answer
1497
00:48:07,584 --> 00:48:09,959
to these most horrible crimes
1498
00:48:10,000 --> 00:48:12,834
that originated
1499
00:48:10,000 --> 00:48:12,834
from Nazi Germany.
1500
00:48:12,876 --> 00:48:14,751
And this was a revolution.
1501
00:48:14,792 --> 00:48:17,250
It started the
1502
00:48:14,792 --> 00:48:17,250
way we think about
1503
00:48:17,292 --> 00:48:19,250
international criminal law.
1504
00:48:19,292 --> 00:48:21,042
About international
1505
00:48:19,292 --> 00:48:21,042
law generally.
1506
00:48:23,209 --> 00:48:27,375
I had a list I made
1507
00:48:23,209 --> 00:48:27,375
myself on a yellow page
1508
00:48:27,417 --> 00:48:28,876
in which I listed
1509
00:48:27,417 --> 00:48:28,876
all the defendants
1510
00:48:28,918 --> 00:48:32,083
and I listed what I thought
1511
00:48:28,918 --> 00:48:32,083
the sentence should be.
1512
00:48:33,250 --> 00:48:36,042
The actual sentences
1513
00:48:33,250 --> 00:48:36,042
were more severe
1514
00:48:36,083 --> 00:48:37,751
than what I would have listed.
1515
00:48:40,584 --> 00:48:41,584
I was numb.
1516
00:48:43,000 --> 00:48:46,125
They're all imprisoned
1517
00:48:43,000 --> 00:48:46,125
below the courthouse.
1518
00:48:46,167 --> 00:48:48,500
There is a lift, Black
1519
00:48:46,167 --> 00:48:48,500
Maria they called
1520
00:48:48,542 --> 00:48:51,042
which keeps going around
1521
00:48:48,542 --> 00:48:51,042
into the courthouse
1522
00:48:51,083 --> 00:48:53,292
and a sliding door which opens.
1523
00:48:53,334 --> 00:48:56,125
As each defendant came up,
1524
00:48:56,167 --> 00:48:58,792
they would hear the judge,
1525
00:48:58,834 --> 00:49:01,042
"For the crimes of which
1526
00:48:58,834 --> 00:49:01,042
you are convicted,
1527
00:49:01,083 --> 00:49:04,167
this tribunal sentenced
1528
00:49:01,083 --> 00:49:04,167
you to death by hanging."
1529
00:49:05,626 --> 00:49:08,834
Put the earphones
1530
00:49:05,626 --> 00:49:08,834
back, take it off.
1531
00:49:08,876 --> 00:49:10,918
Bow, step back a
1532
00:49:08,876 --> 00:49:10,918
step into the lift,
1533
00:49:10,959 --> 00:49:14,375
the door closes, and he
1534
00:49:10,959 --> 00:49:14,375
drops down into hell.
1535
00:49:14,417 --> 00:49:15,792
That's what I saw.
1536
00:49:17,125 --> 00:49:19,626
One after the other,
1537
00:49:17,125 --> 00:49:19,626
for the crimes of which
1538
00:49:19,667 --> 00:49:21,626
you are convicted, this tribunal
1539
00:49:21,667 --> 00:49:24,042
sentences you death by
1540
00:49:21,667 --> 00:49:24,042
hanging, death by hanging,
1541
00:49:24,083 --> 00:49:25,500
death by hanging.
1542
00:49:25,542 --> 00:49:27,292
I thought my head
1543
00:49:25,542 --> 00:49:27,292
was gonna bust.
1544
00:49:28,918 --> 00:49:31,626
It was customary for
1545
00:49:28,918 --> 00:49:31,626
the chief prosecutor
1546
00:49:31,667 --> 00:49:34,792
to invite his staff for a party
1547
00:49:31,667 --> 00:49:34,792
when every trial was ended.
1548
00:49:34,834 --> 00:49:36,500
I had a party
1549
00:49:34,834 --> 00:49:36,500
arranged for my house.
1550
00:49:36,542 --> 00:49:38,375
I couldn't go to my own party.
1551
00:49:38,417 --> 00:49:40,167
I went home, went to bed.
1552
00:49:40,209 --> 00:49:42,792
My head was pounding with it.
1553
00:49:44,042 --> 00:49:47,709
So how do you describe
1554
00:49:44,042 --> 00:49:47,709
that emotion, that feeling?
1555
00:49:47,751 --> 00:49:49,626
I didn't say I'm sorry for them.
1556
00:49:49,667 --> 00:49:50,959
I didn't say hooray for me.
1557
00:49:52,542 --> 00:49:57,584
It was a very tense, very
1558
00:49:52,542 --> 00:49:57,584
severe emotional reaction
1559
00:49:58,667 --> 00:50:00,876
knowing that you're responsible
1560
00:49:58,667 --> 00:50:00,876
for killing this guy.
1561
00:50:02,792 --> 00:50:05,918
Otto Ohlendorf, he
1562
00:50:02,792 --> 00:50:05,918
was the only defendant
1563
00:50:05,959 --> 00:50:08,709
that I ever talked to
1564
00:50:08,751 --> 00:50:10,709
man to man
1565
00:50:10,751 --> 00:50:12,542
after he was sentenced to death.
1566
00:50:13,792 --> 00:50:17,459
I felt, look, this guy
1567
00:50:13,792 --> 00:50:17,459
is gonna hang for sure.
1568
00:50:18,626 --> 00:50:22,209
He's the father of five
1569
00:50:18,626 --> 00:50:22,209
kids, he has a wife,
1570
00:50:22,250 --> 00:50:24,083
he was honest on the trial.
1571
00:50:24,125 --> 00:50:25,792
Maybe he'll tell me something,
1572
00:50:25,834 --> 00:50:27,918
you know tell my
1573
00:50:25,834 --> 00:50:27,918
children I love them,
1574
00:50:27,959 --> 00:50:29,709
tell my wife I'm sorry.
1575
00:50:29,751 --> 00:50:32,792
Nobody ever said
1576
00:50:29,751 --> 00:50:32,792
they were sorry.
1577
00:50:32,834 --> 00:50:35,417
So I went down to talk to him,
1578
00:50:35,459 --> 00:50:37,876
and he's locked up in a cell
1579
00:50:37,918 --> 00:50:40,584
behind bars under the courthouse
1580
00:50:40,626 --> 00:50:43,792
and a little window opens up,
1581
00:50:43,834 --> 00:50:45,876
and I said to him
1582
00:50:45,918 --> 00:50:47,918
[speaks foreign language]
1583
00:50:47,959 --> 00:50:50,209
in German and I said:
1584
00:50:47,959 --> 00:50:50,209
"Can I do something for you?"
1585
00:50:50,250 --> 00:50:54,584
And then he began:
1586
00:50:50,250 --> 00:50:54,584
"You'll see I was right.
1587
00:50:54,626 --> 00:50:57,959
The Russians are gonna
1588
00:50:54,626 --> 00:50:57,959
take over the Jews.
1589
00:50:58,000 --> 00:51:00,042
The Jews in America
1590
00:50:58,000 --> 00:51:00,042
will suffer."
1591
00:51:00,083 --> 00:51:02,000
and he just goes repeating
1592
00:51:02,042 --> 00:51:03,792
the argument he
1593
00:51:02,042 --> 00:51:03,792
read on the trial.
1594
00:51:03,834 --> 00:51:06,459
I let him go for about a minute,
1595
00:51:06,500 --> 00:51:09,751
and then I said, "Goodbye
1596
00:51:06,500 --> 00:51:09,751
Mr. Ohlendorf" in English,
1597
00:51:09,792 --> 00:51:11,292
closed the door and left.
1598
00:51:11,334 --> 00:51:14,709
The next thing I saw I was
1599
00:51:11,334 --> 00:51:14,709
invited to come to the hanging.
1600
00:51:14,751 --> 00:51:17,584
I refused to go, but they
1601
00:51:14,751 --> 00:51:17,584
sent me the tape anyway
1602
00:51:17,626 --> 00:51:19,918
so I have a picture of
1603
00:51:17,626 --> 00:51:19,918
him hanging by the neck
1604
00:51:19,959 --> 00:51:22,626
for eight minutes and
1605
00:51:19,959 --> 00:51:22,626
then pronounced dead.
1606
00:51:22,667 --> 00:51:25,792
[gentle piano music]
1607
00:51:33,375 --> 00:51:38,083
I wanted to go home, but then
1608
00:51:33,375 --> 00:51:38,083
something terrible happened.
1609
00:51:38,125 --> 00:51:39,751
[laughs]
1610
00:51:39,792 --> 00:51:41,667
I was approached by
1611
00:51:39,792 --> 00:51:41,667
Jewish organizations
1612
00:51:41,709 --> 00:51:43,042
and they said, "Hey boy,
1613
00:51:45,626 --> 00:51:46,751
there's something
1614
00:51:45,626 --> 00:51:46,751
else to be done here.
1615
00:51:46,792 --> 00:51:47,959
What about the victims?"
1616
00:51:48,042 --> 00:51:50,209
And it didn't take
1617
00:51:48,042 --> 00:51:50,209
long to convince me
1618
00:51:50,250 --> 00:51:54,834
they had managed to get a
1619
00:51:50,250 --> 00:51:54,834
military government law enacted
1620
00:51:54,876 --> 00:51:57,334
saying that the property
1621
00:51:54,876 --> 00:51:57,334
of murdered Jews
1622
00:51:57,375 --> 00:52:00,250
would go not to
1623
00:51:57,375 --> 00:52:00,250
the German state,
1624
00:52:00,292 --> 00:52:03,292
but to a consortium of
1625
00:52:00,292 --> 00:52:03,292
Jewish organizations
1626
00:52:03,334 --> 00:52:06,876
which would use it for charity
1627
00:52:03,334 --> 00:52:06,876
purposes of the survivors
1628
00:52:06,918 --> 00:52:09,792
and that sounded like
1629
00:52:06,918 --> 00:52:09,792
a very good idea,
1630
00:52:09,834 --> 00:52:11,709
except they wanted
1631
00:52:09,834 --> 00:52:11,709
me to take it over
1632
00:52:11,751 --> 00:52:13,083
and to do the job.
1633
00:52:13,125 --> 00:52:16,500
I said, "How long do
1634
00:52:13,125 --> 00:52:16,500
they think it'll take?"
1635
00:52:16,542 --> 00:52:19,626
They said, "Well, we'd like
1636
00:52:16,542 --> 00:52:19,626
a commitment of two years."
1637
00:52:19,667 --> 00:52:21,792
Well I went back
1638
00:52:19,667 --> 00:52:21,792
to my dear wife,
1639
00:52:21,834 --> 00:52:25,459
and she said, "Well the
1640
00:52:21,834 --> 00:52:25,459
cause seems good enough,
1641
00:52:25,500 --> 00:52:27,542
but they said two
1642
00:52:25,500 --> 00:52:27,542
years but if I know you
1643
00:52:27,584 --> 00:52:29,792
it'll only take one year.
1644
00:52:29,834 --> 00:52:31,334
So take the job."
1645
00:52:31,375 --> 00:52:34,542
Whereupon, being
1646
00:52:31,375 --> 00:52:34,542
the sole employee,
1647
00:52:34,584 --> 00:52:36,542
I declared myself
1648
00:52:34,584 --> 00:52:36,542
the director general
1649
00:52:36,584 --> 00:52:39,542
and set about to recover
1650
00:52:39,584 --> 00:52:41,709
the heirless unclaimed
1651
00:52:39,584 --> 00:52:41,709
Jewish property.
1652
00:52:41,751 --> 00:52:44,584
Naturally, the
1653
00:52:41,751 --> 00:52:44,584
cemeteries were unclaimed
1654
00:52:44,626 --> 00:52:46,667
because the Jewish
1655
00:52:44,626 --> 00:52:46,667
congregations which had
1656
00:52:46,709 --> 00:52:49,542
built up these cemeteries
1657
00:52:46,709 --> 00:52:49,542
for centuries were gone.
1658
00:52:49,584 --> 00:52:51,792
They were abolished,
1659
00:52:49,584 --> 00:52:51,792
and the cemeteries
1660
00:52:51,834 --> 00:52:54,042
became property of the Reich.
1661
00:52:54,083 --> 00:52:56,751
So I immediately
1662
00:52:54,083 --> 00:52:56,751
asserted ownership
1663
00:52:56,792 --> 00:52:59,000
of all these cemeteries
1664
00:52:59,042 --> 00:53:01,417
on behalf of the
1665
00:52:59,042 --> 00:53:01,417
successor organization.
1666
00:53:02,834 --> 00:53:06,584
All well and good,
1667
00:53:02,834 --> 00:53:06,584
except the question arose
1668
00:53:06,626 --> 00:53:10,209
who pays the course of the
1669
00:53:06,626 --> 00:53:10,209
maintenance of the cemeteries?
1670
00:53:10,250 --> 00:53:12,417
Hundreds of cemeteries.
1671
00:53:15,834 --> 00:53:18,209
The Polish government
1672
00:53:15,834 --> 00:53:18,209
and the Polish Red Cross
1673
00:53:18,250 --> 00:53:20,751
invited me to come to Poland
1674
00:53:20,792 --> 00:53:23,959
and be their guest for a week.
1675
00:53:24,000 --> 00:53:25,334
I said, "The only thing I really
1676
00:53:25,375 --> 00:53:26,751
wanted to see in
1677
00:53:25,375 --> 00:53:26,751
Poland was Auschwitz
1678
00:53:26,792 --> 00:53:28,751
because I'd never been there
1679
00:53:28,792 --> 00:53:30,459
and it had been liberated
1680
00:53:28,792 --> 00:53:30,459
by the Russians."
1681
00:53:33,083 --> 00:53:38,083
The field behind Auschwitz
1682
00:53:33,083 --> 00:53:38,083
is covered with wild grass.
1683
00:53:40,751 --> 00:53:42,792
And under the grass,
1684
00:53:40,751 --> 00:53:42,792
there was the fertilizer
1685
00:53:42,834 --> 00:53:47,167
taken from the
1686
00:53:42,834 --> 00:53:47,167
crematorium, and I noticed
1687
00:53:47,209 --> 00:53:49,292
there were some black bones.
1688
00:53:49,334 --> 00:53:51,209
There were little
1689
00:53:49,334 --> 00:53:51,209
bones of some kind.
1690
00:53:51,250 --> 00:53:53,918
They may have been the bones
1691
00:53:51,250 --> 00:53:53,918
of a child or of a hand,
1692
00:53:53,959 --> 00:53:57,042
and I picked them up and
1693
00:53:53,959 --> 00:53:57,042
I put them in my pocket.
1694
00:53:57,083 --> 00:53:59,834
Somebody asked me
1695
00:53:57,083 --> 00:53:59,834
why am I doing that?
1696
00:53:59,876 --> 00:54:01,459
I said, "I want to be reminded
1697
00:54:01,500 --> 00:54:03,209
what the hell I'm
1698
00:54:01,500 --> 00:54:03,209
doing in Germany."
1699
00:54:04,792 --> 00:54:06,500
Anyway, the question comes up
1700
00:54:06,542 --> 00:54:07,918
who's gonna maintain
1701
00:54:06,542 --> 00:54:07,918
those cemeteries,
1702
00:54:07,959 --> 00:54:09,584
and at whose expense?
1703
00:54:11,918 --> 00:54:15,083
The Germans assure us that
1704
00:54:11,918 --> 00:54:15,083
they will take care of it
1705
00:54:15,125 --> 00:54:17,918
as they would their own
1706
00:54:15,125 --> 00:54:17,918
cemeteries for 20 years.
1707
00:54:17,959 --> 00:54:19,250
I said, "Wait a minute,
1708
00:54:19,292 --> 00:54:21,918
you take care of your own
1709
00:54:19,292 --> 00:54:21,918
cemeteries for 20 years,
1710
00:54:21,959 --> 00:54:25,834
but in Jewish tradition once
1711
00:54:21,959 --> 00:54:25,834
a cemetery, always a cemetery."
1712
00:54:26,792 --> 00:54:29,792
One of them says,
1713
00:54:26,792 --> 00:54:29,792
"Mr. Ferencz you know,
1714
00:54:29,834 --> 00:54:33,125
be reasonable I mean, do
1715
00:54:29,834 --> 00:54:33,125
you expect us to give them
1716
00:54:33,167 --> 00:54:36,834
more rights than we give
1717
00:54:33,167 --> 00:54:36,834
to our own German citizens?"
1718
00:54:36,876 --> 00:54:38,792
At that point I exploded.
1719
00:54:41,584 --> 00:54:44,792
I really got mad and
1720
00:54:41,584 --> 00:54:44,792
I pulled the bones out
1721
00:54:44,834 --> 00:54:46,751
and I said, "If they were alive
1722
00:54:46,792 --> 00:54:49,250
they wouldn't ask you to
1723
00:54:46,792 --> 00:54:49,250
take care of the cemeteries.
1724
00:54:49,292 --> 00:54:51,334
You killed them, that's
1725
00:54:49,292 --> 00:54:51,334
why they have to ask you!"
1726
00:54:51,375 --> 00:54:54,459
And I pounded the
1727
00:54:51,375 --> 00:54:54,459
bones on the table
1728
00:54:54,500 --> 00:54:57,292
and I said, "You want them
1729
00:54:54,500 --> 00:54:57,292
to pay you, ask 'em."
1730
00:54:58,792 --> 00:55:02,209
And the high tension because
1731
00:54:58,792 --> 00:55:02,209
I very seldom get angry.
1732
00:55:03,959 --> 00:55:05,751
The chairman was very wise.
1733
00:55:05,792 --> 00:55:09,042
He said, "Meeting is
1734
00:55:05,792 --> 00:55:09,042
adjourned for 15 minutes."
1735
00:55:09,083 --> 00:55:11,792
And we all got up and
1736
00:55:09,083 --> 00:55:11,792
they all left me to...
1737
00:55:13,918 --> 00:55:15,584
We come back after 15 minutes
1738
00:55:15,626 --> 00:55:19,709
and the chairman says,
1739
00:55:15,626 --> 00:55:19,709
"We accept your terms."
1740
00:55:19,751 --> 00:55:20,959
Just like that.
1741
00:55:21,000 --> 00:55:22,792
"Thank you very much."
1742
00:55:22,834 --> 00:55:24,125
And I left as soon as I could.
1743
00:55:24,167 --> 00:55:26,209
That meant that the
1744
00:55:24,167 --> 00:55:26,209
German government
1745
00:55:26,250 --> 00:55:28,542
was legally responsible and
1746
00:55:26,250 --> 00:55:28,542
I assume they've done it
1747
00:55:28,584 --> 00:55:30,626
'cause they're
1748
00:55:28,584 --> 00:55:30,626
pretty good that way,
1749
00:55:30,667 --> 00:55:33,918
on maintaining all the Jewish
1750
00:55:30,667 --> 00:55:33,918
cemeteries in perpetuity.
1751
00:55:33,959 --> 00:55:35,500
That's a fortune.
1752
00:55:37,167 --> 00:55:40,042
Those bones clinched
1753
00:55:37,167 --> 00:55:40,042
the argument.
1754
00:55:40,083 --> 00:55:43,626
Without the bones, it would
1755
00:55:40,083 --> 00:55:43,626
not have happened, I'm sure.
1756
00:55:43,667 --> 00:55:47,000
So I thought these
1757
00:55:43,667 --> 00:55:47,000
were historic bones,
1758
00:55:47,042 --> 00:55:50,000
and I sent them to
1759
00:55:47,042 --> 00:55:50,000
the Holocaust Museum
1760
00:55:50,042 --> 00:55:51,792
and I told them the story.
1761
00:55:58,375 --> 00:56:00,459
My wife Gertrude
1762
00:55:58,375 --> 00:56:00,459
with whom I've been
1763
00:56:00,500 --> 00:56:02,918
happily wed for over 71 years,
1764
00:56:04,834 --> 00:56:07,542
she's also from
1765
00:56:04,834 --> 00:56:07,542
Transylvania as I am.
1766
00:56:08,792 --> 00:56:12,250
She came to America when
1767
00:56:08,792 --> 00:56:12,250
she was about 16 years old.
1768
00:56:12,292 --> 00:56:14,834
Also no language,
1769
00:56:12,292 --> 00:56:14,834
no money, no skills.
1770
00:56:14,876 --> 00:56:18,584
Immediately went to work
1771
00:56:14,876 --> 00:56:18,584
and went to night school
1772
00:56:18,626 --> 00:56:21,834
and got herself a Master's
1773
00:56:18,626 --> 00:56:21,834
Degree in due course
1774
00:56:21,876 --> 00:56:23,375
and became a health teacher.
1775
00:56:26,375 --> 00:56:27,792
I've been very fortunate
1776
00:56:27,834 --> 00:56:30,751
because she has believed
1777
00:56:27,834 --> 00:56:30,751
in what I was doing.
1778
00:56:30,792 --> 00:56:32,375
She tolerated my absences
1779
00:56:32,417 --> 00:56:35,709
when I was going on
1780
00:56:32,417 --> 00:56:35,709
trips around the world.
1781
00:56:37,584 --> 00:56:40,042
My dad used to
1782
00:56:37,584 --> 00:56:40,042
tuck us in at night.
1783
00:56:40,083 --> 00:56:42,709
He would tell us
1784
00:56:40,083 --> 00:56:42,709
stories every night.
1785
00:56:42,751 --> 00:56:44,292
He would take each of his kids
1786
00:56:44,334 --> 00:56:47,876
on what he called dates on
1787
00:56:44,334 --> 00:56:47,876
the weekend, one at a time.
1788
00:56:47,918 --> 00:56:51,792
He used to play King of the Hill
1789
00:56:47,918 --> 00:56:51,792
you know, Blind Man's Bluff
1790
00:56:51,834 --> 00:56:53,792
or whatever the games were.
1791
00:56:53,834 --> 00:56:56,334
He was very involved
1792
00:56:53,834 --> 00:56:56,334
with his kids,
1793
00:56:56,375 --> 00:56:58,417
particularly when we
1794
00:56:56,375 --> 00:56:58,417
were young growing up.
1795
00:56:58,459 --> 00:56:59,751
So he made time for his kids.
1796
00:57:03,542 --> 00:57:04,876
Ben: It was time to go home.
1797
00:57:06,459 --> 00:57:09,292
I have my wife, I have four
1798
00:57:06,459 --> 00:57:09,292
children born in Nuremberg.
1799
00:57:09,334 --> 00:57:10,751
I have to go home.
1800
00:57:12,918 --> 00:57:13,667
So I went home.
1801
00:57:15,292 --> 00:57:18,083
The big law firm said,
1802
00:57:15,292 --> 00:57:18,083
"Oh it's great.
1803
00:57:18,125 --> 00:57:20,417
If we have to hang
1804
00:57:18,125 --> 00:57:20,417
Nazis, we'll call you.
1805
00:57:20,459 --> 00:57:21,834
You got any clients?"
1806
00:57:21,876 --> 00:57:23,167
You know.
1807
00:57:23,209 --> 00:57:25,542
So I began to take your
1808
00:57:23,209 --> 00:57:25,542
typical New York cases.
1809
00:57:25,584 --> 00:57:26,792
Somebody fell down the subway
1810
00:57:26,834 --> 00:57:29,083
and broke a leg, okay you know?
1811
00:57:30,459 --> 00:57:32,834
Telford had a
1812
00:57:30,459 --> 00:57:32,834
similar experience.
1813
00:57:32,876 --> 00:57:34,876
He came back and he
1814
00:57:32,876 --> 00:57:34,876
went into partnership
1815
00:57:34,918 --> 00:57:38,375
with his brother-in-law
1816
00:57:34,918 --> 00:57:38,375
who happened to be
1817
00:57:38,417 --> 00:57:39,876
the dean of the
1818
00:57:38,417 --> 00:57:39,876
Harvard Law School
1819
00:57:39,918 --> 00:57:41,083
when he signed my diploma.
1820
00:57:41,125 --> 00:57:44,250
His name was Landis,
1821
00:57:41,125 --> 00:57:44,250
James Landis.
1822
00:57:44,292 --> 00:57:46,500
So he said, "Ben, why don't
1823
00:57:44,292 --> 00:57:46,500
you come in with us?"
1824
00:57:46,542 --> 00:57:48,709
It didn't bring us
1825
00:57:46,542 --> 00:57:48,709
any clients either.
1826
00:57:48,751 --> 00:57:50,918
But I was known as the lawyer
1827
00:57:50,959 --> 00:57:53,834
who takes hopeless cases
1828
00:57:50,959 --> 00:57:53,834
on a contingent fee.
1829
00:57:53,876 --> 00:57:58,584
And what I did was I would
1830
00:57:53,876 --> 00:57:58,584
find a moral situation
1831
00:57:58,626 --> 00:58:01,834
where the claimant didn't
1832
00:57:58,626 --> 00:58:01,834
seem to have a chance,
1833
00:58:01,876 --> 00:58:03,876
but I felt it was right.
1834
00:58:03,918 --> 00:58:05,667
I went after them
1835
00:58:03,918 --> 00:58:05,667
on a contingent fee
1836
00:58:05,709 --> 00:58:08,709
which was usually much less
1837
00:58:05,709 --> 00:58:08,709
than the normal contingent fee.
1838
00:58:08,751 --> 00:58:11,083
They practiced
1839
00:58:08,751 --> 00:58:11,083
human rights law
1840
00:58:11,125 --> 00:58:14,792
at a time when there
1841
00:58:11,125 --> 00:58:14,792
was no such thing.
1842
00:58:14,834 --> 00:58:17,375
They practiced
1843
00:58:14,834 --> 00:58:17,375
civil liberties law.
1844
00:58:17,417 --> 00:58:20,751
Every case they took
1845
00:58:17,417 --> 00:58:20,751
was a do-gooder case.
1846
00:58:20,792 --> 00:58:24,542
Free speech cases,
1847
00:58:20,792 --> 00:58:24,542
anti-McCarthyism cases,
1848
00:58:24,584 --> 00:58:27,209
every kind of case
1849
00:58:24,584 --> 00:58:27,209
that I wanted to take
1850
00:58:27,250 --> 00:58:29,918
when I was a lawyer,
1851
00:58:27,250 --> 00:58:29,918
and I think that
1852
00:58:29,959 --> 00:58:32,792
both Telford and Ben
1853
00:58:29,959 --> 00:58:32,792
had an enormous impact
1854
00:58:32,834 --> 00:58:35,584
on a generation
1855
00:58:32,834 --> 00:58:35,584
of lawyers my age.
1856
00:58:35,626 --> 00:58:39,626
I made enough money to
1857
00:58:35,626 --> 00:58:39,626
invest it wisely and carefully,
1858
00:58:39,667 --> 00:58:42,751
and so from being a poor
1859
00:58:39,667 --> 00:58:42,751
boy I got to be a rich boy.
1860
00:58:42,792 --> 00:58:44,334
And I gave away all my money.
1861
00:58:44,375 --> 00:58:46,751
I'm in the process
1862
00:58:44,375 --> 00:58:46,751
of doing it still,
1863
00:58:46,792 --> 00:58:51,125
including to Cardozo, Harvard
1864
00:58:46,792 --> 00:58:51,125
Law School, et cetera.
1865
00:58:54,083 --> 00:58:56,250
Taylor went to Vietnam
1866
00:58:54,083 --> 00:58:56,250
and he wrote a book,
1867
00:58:56,292 --> 00:58:59,209
Nuremberg in Vietnam in
1868
00:58:56,292 --> 00:58:59,209
which he made the point
1869
00:58:59,250 --> 00:59:01,626
that the United States
1870
00:58:59,250 --> 00:59:01,626
forgot the lessons
1871
00:59:01,667 --> 00:59:04,042
we tried to teach the
1872
00:59:01,667 --> 00:59:04,042
world in Nuremberg.
1873
00:59:04,083 --> 00:59:09,042
And he was an outspoken
1874
00:59:04,083 --> 00:59:09,042
critic of the McCarthy regime.
1875
00:59:09,083 --> 00:59:12,167
He was very courageous,
1876
00:59:09,083 --> 00:59:12,167
absolutely correct,
1877
00:59:12,209 --> 00:59:15,417
a good writer, high
1878
00:59:12,209 --> 00:59:15,417
moral standards.
1879
00:59:15,459 --> 00:59:18,709
He deserved much
1880
00:59:15,459 --> 00:59:18,709
more recognition
1881
00:59:18,751 --> 00:59:21,209
and responsibility than he had.
1882
00:59:22,751 --> 00:59:25,250
He was an excellent lawyer and
1883
00:59:22,751 --> 00:59:25,250
never properly appreciated.
1884
00:59:26,209 --> 00:59:29,334
[gentle piano music]
1885
00:59:40,626 --> 00:59:44,876
We are in a time
1886
00:59:40,626 --> 00:59:44,876
where we find the world
1887
00:59:44,918 --> 00:59:47,626
in many different areas
1888
00:59:47,667 --> 00:59:49,667
in heinous, horrible conflicts.
1889
00:59:51,709 --> 00:59:55,876
And the world after the
1890
00:59:51,709 --> 00:59:55,876
fall of the Berlin Wall
1891
00:59:55,918 --> 01:00:00,209
had the hope and
1892
00:59:55,918 --> 01:00:00,209
expectation that we'll
1893
01:00:00,250 --> 01:00:03,459
be in a more
1894
01:00:00,250 --> 01:00:03,459
peaceful environment
1895
01:00:03,500 --> 01:00:07,792
and this turned out to
1896
01:00:03,500 --> 01:00:07,792
be a horrible fallacy.
1897
01:00:08,792 --> 01:00:11,334
You know after the
1898
01:00:08,792 --> 01:00:11,334
Holocaust we said never again
1899
01:00:11,375 --> 01:00:15,417
and we've seen it again and
1900
01:00:11,375 --> 01:00:15,417
again and again and again
1901
01:00:15,459 --> 01:00:18,751
and there's no indication
1902
01:00:15,459 --> 01:00:18,751
that it's going to end.
1903
01:00:20,876 --> 01:00:22,751
[Ben] We are now spending
1904
01:00:20,876 --> 01:00:22,751
even more money
1905
01:00:22,792 --> 01:00:25,417
to be in an arms race.
1906
01:00:25,459 --> 01:00:28,751
Who can build the weapons
1907
01:00:25,459 --> 01:00:28,751
to kill more people?
1908
01:00:28,792 --> 01:00:30,834
That is the current
1909
01:00:28,792 --> 01:00:30,834
state of the world,
1910
01:00:30,876 --> 01:00:32,834
and we have to recognize that
1911
01:00:32,876 --> 01:00:36,083
the only way out of
1912
01:00:32,876 --> 01:00:36,083
this: law, not war.
1913
01:00:37,959 --> 01:00:41,250
[man] The world is
1914
01:00:37,959 --> 01:00:41,250
struggling for an answer.
1915
01:00:42,792 --> 01:00:44,083
And an answer could be
1916
01:00:44,125 --> 01:00:46,667
found in international
1917
01:00:44,125 --> 01:00:46,667
criminal law.
1918
01:00:48,000 --> 01:00:53,918
Law could be an answer to
1919
01:00:48,000 --> 01:00:53,918
conflicts with human suffering
1920
01:00:53,959 --> 01:00:57,000
of an almost unseen nature.
1921
01:01:01,209 --> 01:01:04,792
[Ben] The time has come, guys
1922
01:01:01,209 --> 01:01:04,792
to stop this killing.
1923
01:01:04,834 --> 01:01:08,209
Have a court settle your
1924
01:01:04,834 --> 01:01:08,209
disputes by peaceful means,
1925
01:01:08,250 --> 01:01:10,000
and until you do that,
1926
01:01:08,250 --> 01:01:10,000
you're going to
1927
01:01:10,042 --> 01:01:11,792
continue killing yourselves.
1928
01:01:13,542 --> 01:01:14,834
And it's just common sense.
1929
01:01:14,876 --> 01:01:15,751
We have international crimes,
1930
01:01:15,792 --> 01:01:17,709
you need an international court.
1931
01:01:17,751 --> 01:01:20,417
So I began to write on the
1932
01:01:17,751 --> 01:01:20,417
international criminal court.
1933
01:01:23,250 --> 01:01:24,584
[Scheffer] I remember as a young
1934
01:01:23,250 --> 01:01:24,584
lawyer
1935
01:01:24,626 --> 01:01:26,959
very interested in
1936
01:01:24,626 --> 01:01:26,959
international law
1937
01:01:27,000 --> 01:01:29,626
I was with an
1938
01:01:27,000 --> 01:01:29,626
international law firm.
1939
01:01:29,667 --> 01:01:32,083
I probably was the only
1940
01:01:29,667 --> 01:01:32,083
person in the law firm
1941
01:01:32,125 --> 01:01:35,500
that bought Ben's books
1942
01:01:35,542 --> 01:01:38,292
because I was so impressed
1943
01:01:35,542 --> 01:01:38,292
with what Ben Ferencz
1944
01:01:38,334 --> 01:01:41,083
had written in 1980
1945
01:01:38,334 --> 01:01:41,083
about you have to build
1946
01:01:41,125 --> 01:01:42,542
an international criminal court.
1947
01:01:42,584 --> 01:01:45,500
You have these individuals who
1948
01:01:45,542 --> 01:01:48,250
become part of
1949
01:01:45,542 --> 01:01:48,250
international law making
1950
01:01:48,292 --> 01:01:50,876
that have an enormous
1951
01:01:48,292 --> 01:01:50,876
individual impact
1952
01:01:50,918 --> 01:01:52,792
and Ben was that.
1953
01:01:52,834 --> 01:01:56,250
He worked for decades to
1954
01:01:52,834 --> 01:01:56,250
try and get a replacement
1955
01:01:56,292 --> 01:01:57,834
for the Nuremberg Tribunals
1956
01:01:57,876 --> 01:02:00,250
within the United
1957
01:01:57,876 --> 01:02:00,250
Nations General Assembly,
1958
01:02:00,292 --> 01:02:02,876
an international
1959
01:02:00,292 --> 01:02:02,876
criminal court.
1960
01:02:04,417 --> 01:02:06,751
I was the ambassador at
1961
01:02:04,417 --> 01:02:06,751
large for war crimes issues
1962
01:02:06,792 --> 01:02:10,000
during the second term of
1963
01:02:06,792 --> 01:02:10,000
the Clinton administration.
1964
01:02:10,042 --> 01:02:13,834
Ben Ferencz was one
1965
01:02:10,042 --> 01:02:13,834
hell of a lobbyist.
1966
01:02:13,876 --> 01:02:17,042
He reminded me of
1967
01:02:13,876 --> 01:02:17,042
Raphael Lemkin who
1968
01:02:17,083 --> 01:02:19,250
you know was the father
1969
01:02:17,083 --> 01:02:19,250
of the Genocide Convention
1970
01:02:19,292 --> 01:02:21,959
and spent the 1950s going
1971
01:02:19,292 --> 01:02:21,959
up and down Capitol Hill
1972
01:02:22,000 --> 01:02:24,042
urging ratification of the
1973
01:02:24,083 --> 01:02:26,250
Genocide Convention
1974
01:02:24,083 --> 01:02:26,250
by the United States.
1975
01:02:26,292 --> 01:02:29,042
Well Ben Ferencz was
1976
01:02:26,292 --> 01:02:29,042
there in the 1990s
1977
01:02:29,083 --> 01:02:34,042
pressing hard and he kept at me.
1978
01:02:34,083 --> 01:02:36,125
And he was persistent.
1979
01:02:36,167 --> 01:02:39,918
He's knocking on
1980
01:02:36,167 --> 01:02:39,918
every delegate's door
1981
01:02:39,959 --> 01:02:41,918
to try and get them to support
1982
01:02:41,959 --> 01:02:44,834
a strong international
1983
01:02:41,959 --> 01:02:44,834
criminal court,
1984
01:02:44,876 --> 01:02:48,834
and the mantra that you hear
1985
01:02:44,876 --> 01:02:48,834
when you interview him today
1986
01:02:48,876 --> 01:02:51,417
is the mantra that
1987
01:02:48,876 --> 01:02:51,417
he had back then
1988
01:02:51,459 --> 01:02:54,834
about the importance of
1989
01:02:51,459 --> 01:02:54,834
justice and the rule of law.
1990
01:02:54,876 --> 01:02:56,500
It not only in
1991
01:02:54,876 --> 01:02:56,500
international affairs
1992
01:02:56,542 --> 01:02:58,417
but in the survival
1993
01:02:56,542 --> 01:02:58,417
of the human race.
1994
01:03:08,792 --> 01:03:12,292
It becomes reachable in Rome.
1995
01:03:24,209 --> 01:03:26,125
I made an opening
1996
01:03:24,209 --> 01:03:26,125
statement there.
1997
01:03:27,417 --> 01:03:28,918
They invited me
1998
01:03:27,417 --> 01:03:28,918
because they knew me.
1999
01:03:28,959 --> 01:03:31,751
I went to all the meetings,
2000
01:03:28,959 --> 01:03:31,751
and I wrote papers.
2001
01:03:31,792 --> 01:03:33,751
I wrote you know hundreds and
2002
01:03:31,792 --> 01:03:33,751
dozens of articles, speeches,
2003
01:03:33,792 --> 01:03:34,709
lectures, nagging and so on.
2004
01:03:40,292 --> 01:03:41,918
I said, "The place is
2005
01:03:40,292 --> 01:03:41,918
here, the time is now,"
2006
01:03:41,959 --> 01:03:46,250
and I began it by saying,
2007
01:03:41,959 --> 01:03:46,250
"I have come to speak
2008
01:03:46,292 --> 01:03:49,584
for those who cannot
2009
01:03:46,292 --> 01:03:49,584
speak, the victims."
2010
01:03:49,626 --> 01:03:51,876
[applause]
2011
01:03:57,667 --> 01:04:01,751
Well the time is fall of 2000.
2012
01:04:03,042 --> 01:04:05,792
We're coming towards the end
2013
01:04:03,042 --> 01:04:05,792
of the Clinton administration .
2014
01:04:07,083 --> 01:04:11,709
We have a deadline, which
2015
01:04:07,083 --> 01:04:11,709
is December 31, 2000.
2016
01:04:11,751 --> 01:04:14,751
The last opportunity
2017
01:04:11,751 --> 01:04:14,751
for any country
2018
01:04:14,792 --> 01:04:16,584
to sign the Rome Statute.
2019
01:04:18,000 --> 01:04:19,918
In the government I
2020
01:04:18,000 --> 01:04:19,918
was working feverishly
2021
01:04:19,959 --> 01:04:23,792
to get President Clinton
2022
01:04:19,959 --> 01:04:23,792
to that decision point.
2023
01:04:23,834 --> 01:04:25,167
But you know, it's a funny thing
2024
01:04:25,209 --> 01:04:27,542
about government and
2025
01:04:25,209 --> 01:04:27,542
about presidents.
2026
01:04:28,709 --> 01:04:30,709
You can do an enormous
2027
01:04:28,709 --> 01:04:30,709
amount internally
2028
01:04:30,751 --> 01:04:34,375
to get everything lined
2029
01:04:30,751 --> 01:04:34,375
up and to his desk,
2030
01:04:34,417 --> 01:04:36,000
you know in big
2031
01:04:34,417 --> 01:04:36,000
three ring binders
2032
01:04:36,042 --> 01:04:37,709
where he's going to sit down
2033
01:04:37,751 --> 01:04:40,417
and diligently
2034
01:04:37,751 --> 01:04:40,417
consider this issue,
2035
01:04:40,459 --> 01:04:44,209
but to really trigger
2036
01:04:40,459 --> 01:04:44,209
that man's interest
2037
01:04:45,792 --> 01:04:48,209
you have to have something
2038
01:04:45,792 --> 01:04:48,209
hit him from the outside.
2039
01:04:48,250 --> 01:04:50,334
You just have to have it.
2040
01:04:50,375 --> 01:04:53,834
Well, with respect to the
2041
01:04:50,375 --> 01:04:53,834
international criminal court,
2042
01:04:54,918 --> 01:04:58,125
that moment arrived not on TV.
2043
01:04:58,167 --> 01:05:00,918
It arrived on the op-ed
2044
01:04:58,167 --> 01:05:00,918
page of the Washington Post
2045
01:05:00,959 --> 01:05:05,417
by two men, Ben Ferencz
2046
01:05:00,959 --> 01:05:05,417
and Robert McNamara.
2047
01:05:05,459 --> 01:05:07,751
Narrator: Our 50 billion
2048
01:05:05,459 --> 01:05:07,751
dollar defense program
2049
01:05:07,792 --> 01:05:11,709
is explained by secretary
2050
01:05:07,792 --> 01:05:11,709
of defense McNamara.
2051
01:05:11,751 --> 01:05:13,792
In the past year,
2052
01:05:11,751 --> 01:05:13,792
we've doubled the rate
2053
01:05:13,834 --> 01:05:15,792
of building Polaris submarines.
2054
01:05:15,834 --> 01:05:19,209
One day, I had a call.
2055
01:05:19,250 --> 01:05:20,876
My wife took the message.
2056
01:05:20,918 --> 01:05:24,918
She's saying secretary
2057
01:05:20,918 --> 01:05:24,918
McNamara wanted to talk to you.
2058
01:05:26,125 --> 01:05:28,876
And he said I want you
2059
01:05:26,125 --> 01:05:28,876
to write an op-ed piece
2060
01:05:28,918 --> 01:05:31,918
for the New York Times,
2061
01:05:28,918 --> 01:05:31,918
which both of us can sign
2062
01:05:31,959 --> 01:05:34,042
calling on the United
2063
01:05:31,959 --> 01:05:34,042
States to sign on
2064
01:05:34,083 --> 01:05:35,667
to the international
2065
01:05:34,083 --> 01:05:35,667
criminal court.
2066
01:05:35,709 --> 01:05:38,500
Remember who these people are.
2067
01:05:38,542 --> 01:05:42,709
Ben Ferencz, prosecutor
2068
01:05:38,542 --> 01:05:42,709
from Nuremberg.
2069
01:05:42,751 --> 01:05:46,792
Unimpeachable credentials,
2070
01:05:42,751 --> 01:05:46,792
but who's the other guy?
2071
01:05:46,834 --> 01:05:51,500
Robert McNamara, the
2072
01:05:46,834 --> 01:05:51,500
architect of the Vietnam War.
2073
01:05:52,834 --> 01:05:54,751
My response to him in
2074
01:05:52,834 --> 01:05:54,751
practically these words
2075
01:05:54,792 --> 01:05:56,125
I'm sure,
2076
01:05:56,167 --> 01:05:58,918
"Mr. Secretary I
2077
01:05:56,167 --> 01:05:58,918
think you realize
2078
01:05:58,959 --> 01:06:00,876
that if we had such a court,
2079
01:06:00,918 --> 01:06:03,792
you might be one of
2080
01:06:00,918 --> 01:06:03,792
the first defendants."
2081
01:06:03,834 --> 01:06:05,626
He said I know that.
2082
01:06:05,667 --> 01:06:06,834
I said then why do you ask me
2083
01:06:06,876 --> 01:06:09,751
to get the United
2084
01:06:06,876 --> 01:06:09,751
States to sign on?
2085
01:06:09,792 --> 01:06:11,626
He said, "I didn't
2086
01:06:09,792 --> 01:06:11,626
know it was illegal."
2087
01:06:11,667 --> 01:06:13,292
we're talking the Vietnam War.
2088
01:06:13,334 --> 01:06:15,751
"If I had known, I
2089
01:06:13,334 --> 01:06:15,751
wouldn't have done it."
2090
01:06:15,792 --> 01:06:18,667
I said, "Okay."
2091
01:06:15,792 --> 01:06:18,667
I drafted the letter.
2092
01:06:18,709 --> 01:06:23,751
That was a very
2093
01:06:18,709 --> 01:06:23,751
powerful partnership
2094
01:06:23,792 --> 01:06:26,751
and you bet President
2095
01:06:23,792 --> 01:06:26,751
Bill Clinton
2096
01:06:26,792 --> 01:06:28,083
would read that op-ed.
2097
01:06:30,584 --> 01:06:32,459
And if there's anything
2098
01:06:30,584 --> 01:06:32,459
anyone should know
2099
01:06:32,500 --> 01:06:33,876
about president Clinton is
2100
01:06:33,918 --> 01:06:36,083
he actually makes decisions
2101
01:06:33,918 --> 01:06:36,083
at the last moment.
2102
01:06:36,125 --> 01:06:37,751
He makes good decisions,
2103
01:06:37,792 --> 01:06:40,250
but he does wait
2104
01:06:37,792 --> 01:06:40,250
until the last moment,
2105
01:06:40,292 --> 01:06:43,334
and so he did finally
2106
01:06:40,292 --> 01:06:43,334
reach that decision early
2107
01:06:43,375 --> 01:06:47,751
of December 31st and
2108
01:06:43,375 --> 01:06:47,751
I was authorized then
2109
01:06:47,792 --> 01:06:49,667
to go to New York
2110
01:06:47,792 --> 01:06:49,667
and sign the treaty.
2111
01:06:51,375 --> 01:06:53,792
Well on December
2112
01:06:51,375 --> 01:06:53,792
30th I receive a call
2113
01:06:53,834 --> 01:06:57,042
instructing me to
2114
01:06:53,834 --> 01:06:57,042
get a train ticket
2115
01:06:57,083 --> 01:07:00,459
for the next morning on Amtrak
2116
01:06:57,083 --> 01:07:00,459
so that I'm in New York,
2117
01:07:00,500 --> 01:07:02,292
and it happened to
2118
01:07:00,500 --> 01:07:02,292
be a huge snowstorm
2119
01:07:02,334 --> 01:07:05,459
but they said, "The President
2120
01:07:02,334 --> 01:07:05,459
has not made a decision yet,
2121
01:07:05,500 --> 01:07:07,000
but we want you on that train,"
2122
01:07:07,042 --> 01:07:08,000
because there were no flights.
2123
01:07:08,042 --> 01:07:10,250
The weather was preventing that.
2124
01:07:10,292 --> 01:07:14,167
"You'll receive instructions
2125
01:07:10,292 --> 01:07:14,167
when you arrive in New York,"
2126
01:07:14,209 --> 01:07:16,167
and I finally got
2127
01:07:14,209 --> 01:07:16,167
to Penn Station
2128
01:07:16,209 --> 01:07:20,250
and I still had not received
2129
01:07:16,209 --> 01:07:20,250
the final instruction.
2130
01:07:20,292 --> 01:07:24,542
I'm riding up the
2131
01:07:20,292 --> 01:07:24,542
escalator at Penn Station
2132
01:07:24,584 --> 01:07:27,959
and I receive a call from
2133
01:07:24,584 --> 01:07:27,959
the Secretary of State,
2134
01:07:28,000 --> 01:07:30,876
Madeleine Albright, my boss.
2135
01:07:30,918 --> 01:07:34,751
She informed me that the
2136
01:07:30,918 --> 01:07:34,751
president had made the decision
2137
01:07:34,792 --> 01:07:36,375
that the treaty would be signed
2138
01:07:36,417 --> 01:07:37,918
and that I had authority now
2139
01:07:37,959 --> 01:07:40,792
to proceed to the United
2140
01:07:37,959 --> 01:07:40,792
Nations to sign the document.
2141
01:07:40,834 --> 01:07:44,042
New York City was
2142
01:07:40,834 --> 01:07:44,042
completely covered by snow.
2143
01:07:44,083 --> 01:07:48,334
There were no taxis running,
2144
01:07:44,083 --> 01:07:48,334
and so I had my snow boots on
2145
01:07:48,375 --> 01:07:50,792
and I hiked from Penn Station
2146
01:07:48,375 --> 01:07:50,792
to the United Nations.
2147
01:07:50,834 --> 01:07:53,042
The UN had to open just for me
2148
01:07:53,083 --> 01:07:55,667
to walk in and sign the treaty,
2149
01:07:55,709 --> 01:07:56,792
because it was closed that day.
2150
01:07:56,834 --> 01:07:58,209
It was New Year's Eve.
2151
01:07:58,250 --> 01:07:59,959
They close at the UN.
2152
01:08:00,000 --> 01:08:04,876
And I walked in to the room
2153
01:08:00,000 --> 01:08:04,876
where treaties are signed,
2154
01:08:04,918 --> 01:08:08,459
and there was a very small
2155
01:08:04,918 --> 01:08:08,459
group of people to witness it.
2156
01:08:08,500 --> 01:08:11,209
Very interesting.
2157
01:08:11,250 --> 01:08:14,834
The last official act of the
2158
01:08:11,250 --> 01:08:14,834
President of the United States
2159
01:08:14,876 --> 01:08:17,083
when is everybody sound asleep
2160
01:08:17,125 --> 01:08:19,584
and he has his ambassador
2161
01:08:17,125 --> 01:08:19,584
go sneak in there
2162
01:08:19,626 --> 01:08:20,667
and sign the goddamn thing.
2163
01:08:22,584 --> 01:08:23,834
[cheering]
2164
01:08:23,876 --> 01:08:25,751
Unfortunately what
2165
01:08:23,876 --> 01:08:25,751
George W. Bush did
2166
01:08:25,792 --> 01:08:27,709
was that he said,
2167
01:08:25,792 --> 01:08:27,709
"with respect to that
2168
01:08:27,751 --> 01:08:30,500
signature on the
2169
01:08:27,751 --> 01:08:30,500
treaty, we're no longer
2170
01:08:30,542 --> 01:08:34,125
going to perform our obligation
2171
01:08:30,542 --> 01:08:34,125
as a signatory state."
2172
01:08:34,167 --> 01:08:36,626
So that was the
2173
01:08:34,167 --> 01:08:36,626
downslide after the
2174
01:08:36,667 --> 01:08:38,709
Clinton administration,
2175
01:08:36,667 --> 01:08:38,709
much to my regret.
2176
01:08:38,751 --> 01:08:41,500
And that's the
2177
01:08:38,751 --> 01:08:41,500
political process.
2178
01:08:41,542 --> 01:08:43,459
Or as Churchill's
2179
01:08:41,542 --> 01:08:43,459
reported to have said,
2180
01:08:43,500 --> 01:08:47,292
"It's a terrible system, but he
2181
01:08:43,500 --> 01:08:47,292
can't think of a better one."
2182
01:08:53,834 --> 01:08:56,834
[gentle piano music]
2183
01:09:13,751 --> 01:09:17,459
When we started this, every
2184
01:09:13,751 --> 01:09:17,459
time we met with a UN leader
2185
01:09:17,500 --> 01:09:19,292
or a government they said
2186
01:09:17,500 --> 01:09:19,292
"We'll work on this
2187
01:09:19,334 --> 01:09:21,584
but it'll never happen,
2188
01:09:19,334 --> 01:09:21,584
not in your lifetime,
2189
01:09:21,626 --> 01:09:23,459
not in your
2190
01:09:21,626 --> 01:09:23,459
children's lifetime,"
2191
01:09:23,500 --> 01:09:26,751
and less than four years
2192
01:09:23,500 --> 01:09:26,751
later we had a treaty.
2193
01:09:26,792 --> 01:09:30,375
Then we were told the treaty
2194
01:09:26,792 --> 01:09:30,375
would take 20, 25 years
2195
01:09:30,417 --> 01:09:33,000
like the law of the sea
2196
01:09:30,417 --> 01:09:33,000
to get 60 ratification.
2197
01:09:33,042 --> 01:09:34,792
Again, four years
2198
01:09:33,042 --> 01:09:34,792
later we had that.
2199
01:09:36,542 --> 01:09:40,292
It is simply not
2200
01:09:36,542 --> 01:09:40,292
plausible anymore to argue
2201
01:09:40,334 --> 01:09:44,167
that any political
2202
01:09:40,334 --> 01:09:44,167
or military leader
2203
01:09:44,209 --> 01:09:49,167
who is responsible for the
2204
01:09:44,209 --> 01:09:49,167
commission of atrocity crimes
2205
01:09:49,209 --> 01:09:51,375
has the right to
2206
01:09:49,209 --> 01:09:51,375
get away with it.
2207
01:09:51,417 --> 01:09:53,751
Nuremberg started that process.
2208
01:09:53,792 --> 01:09:56,459
We got detracted
2209
01:09:53,792 --> 01:09:56,459
by the Cold War.
2210
01:09:56,500 --> 01:09:59,792
The Cold War ended, we
2211
01:09:56,500 --> 01:09:59,792
regenerated the process
2212
01:09:59,834 --> 01:10:03,667
in order to hold these
2213
01:09:59,834 --> 01:10:03,667
individuals responsible
2214
01:10:03,709 --> 01:10:05,751
and to send a loud
2215
01:10:03,709 --> 01:10:05,751
and clear signal
2216
01:10:05,792 --> 01:10:09,500
you are subject to
2217
01:10:05,792 --> 01:10:09,500
criminal law, period
2218
01:10:09,542 --> 01:10:11,751
and you cannot negotiate
2219
01:10:09,542 --> 01:10:11,751
your way out of it.
2220
01:10:13,792 --> 01:10:15,292
May it please your honors,
2221
01:10:16,959 --> 01:10:20,209
this is a historic
2222
01:10:16,959 --> 01:10:20,209
moment in the evolution
2223
01:10:20,250 --> 01:10:22,500
of international criminal law.
2224
01:10:23,834 --> 01:10:27,542
For the first time a permanent
2225
01:10:23,834 --> 01:10:27,542
international criminal court
2226
01:10:27,584 --> 01:10:31,876
will hear the closing statement
2227
01:10:27,584 --> 01:10:31,876
for the prosecution
2228
01:10:31,918 --> 01:10:34,375
and it concludes its first case
2229
01:10:34,417 --> 01:10:38,542
against its first accused,
2230
01:10:34,417 --> 01:10:38,542
Mr. Thomas Lubanga Dyilo.
2231
01:10:39,792 --> 01:10:42,167
When the court finally
2232
01:10:39,792 --> 01:10:42,167
gets its first case,
2233
01:10:42,209 --> 01:10:45,125
they asked me to do the closing
2234
01:10:42,209 --> 01:10:45,125
statement I'm 92 years old.
2235
01:10:46,667 --> 01:10:49,167
This is against a guy who had
2236
01:10:46,667 --> 01:10:49,167
been using child soldiers.
2237
01:10:50,417 --> 01:10:52,250
They go and say, "You give
2238
01:10:50,417 --> 01:10:52,250
us food, give us money,"
2239
01:10:52,292 --> 01:10:54,500
and if you have no money
2240
01:10:52,292 --> 01:10:54,500
to give them and no food
2241
01:10:54,542 --> 01:10:56,709
they go, "Oh you got a couple
2242
01:10:54,542 --> 01:10:56,709
of kids, we'll take the kids,"
2243
01:10:56,751 --> 01:11:00,125
and they were taking kids 13, 14
2244
01:11:00,167 --> 01:11:01,959
and the boys they taught
2245
01:11:00,167 --> 01:11:01,959
'em how to use a gun.
2246
01:11:02,000 --> 01:11:04,250
The kids loved the
2247
01:11:02,000 --> 01:11:04,250
excitement of that,
2248
01:11:04,292 --> 01:11:05,542
and they taught 'em how to kill
2249
01:11:05,584 --> 01:11:07,500
and that happens
2250
01:11:05,584 --> 01:11:07,500
to be a war crime.
2251
01:11:08,626 --> 01:11:10,334
When the statute
2252
01:11:08,626 --> 01:11:10,334
that binds this court
2253
01:11:10,375 --> 01:11:13,417
was overwhelmingly approved,
2254
01:11:14,584 --> 01:11:17,626
over 100 sovereign
2255
01:11:14,584 --> 01:11:17,626
states decided
2256
01:11:17,667 --> 01:11:20,792
that child recruitment
2257
01:11:17,667 --> 01:11:20,792
and forcing them
2258
01:11:20,834 --> 01:11:23,834
to participate in
2259
01:11:20,834 --> 01:11:23,834
hostilities were
2260
01:11:23,876 --> 01:11:25,709
and I'm quoting now
2261
01:11:23,876 --> 01:11:25,709
from the statute,
2262
01:11:25,751 --> 01:11:29,209
"among the most serious
2263
01:11:25,751 --> 01:11:29,209
crimes of concern
2264
01:11:29,250 --> 01:11:32,250
"for the international
2265
01:11:29,250 --> 01:11:32,250
community as a whole."
2266
01:11:32,292 --> 01:11:34,584
This was the first ICC case,
2267
01:11:34,626 --> 01:11:37,876
and I believe that
2268
01:11:34,626 --> 01:11:37,876
it was only fitting
2269
01:11:37,918 --> 01:11:42,167
that from Nuremberg, Ben
2270
01:11:37,918 --> 01:11:42,167
Ferencz, to the Hague,
2271
01:11:42,209 --> 01:11:44,751
it was only fitting
2272
01:11:42,209 --> 01:11:44,751
that he would be called
2273
01:11:44,792 --> 01:11:49,500
to do the closing remarks
2274
01:11:44,792 --> 01:11:49,500
of this historic case.
2275
01:11:50,792 --> 01:11:53,459
What makes this
2276
01:11:50,792 --> 01:11:53,459
court so distinctive
2277
01:11:54,751 --> 01:11:59,542
is its primary goal to deter
2278
01:11:54,751 --> 01:11:59,542
crimes before they take place
2279
01:11:59,584 --> 01:12:03,542
by letting wrongdoers
2280
01:11:59,584 --> 01:12:03,542
know in advance
2281
01:12:03,584 --> 01:12:06,626
that they will be
2282
01:12:03,584 --> 01:12:06,626
called to account
2283
01:12:06,667 --> 01:12:09,792
by an impartial
2284
01:12:06,667 --> 01:12:09,792
international criminal court.
2285
01:12:09,834 --> 01:12:13,250
It's not an easy feat to
2286
01:12:09,834 --> 01:12:13,250
create an institution like this.
2287
01:12:13,292 --> 01:12:15,542
It requires courage,
2288
01:12:13,292 --> 01:12:15,542
it requires leadership,
2289
01:12:15,584 --> 01:12:19,918
it requires the right moment
2290
01:12:15,584 --> 01:12:19,918
in historical perspective.
2291
01:12:19,959 --> 01:12:21,500
It requires political will.
2292
01:12:21,542 --> 01:12:25,709
Without Ben, his contribution
2293
01:12:21,542 --> 01:12:25,709
and people like him,
2294
01:12:25,751 --> 01:12:28,042
this field will not have
2295
01:12:25,751 --> 01:12:28,042
evolved the way it already has.
2296
01:12:28,083 --> 01:12:29,667
We still have a long way to go,
2297
01:12:29,709 --> 01:12:31,709
but it's still an
2298
01:12:29,709 --> 01:12:31,709
incredible achievement.
2299
01:12:31,751 --> 01:12:33,876
Ben has played a critical
2300
01:12:31,751 --> 01:12:33,876
role in the evolution
2301
01:12:33,918 --> 01:12:35,751
of international
2302
01:12:33,918 --> 01:12:35,751
criminal justice
2303
01:12:35,792 --> 01:12:37,167
and in the creation of the ICC.
2304
01:12:37,209 --> 01:12:39,751
Rome Statute for the
2305
01:12:37,209 --> 01:12:39,751
International Criminal Court
2306
01:12:39,792 --> 01:12:42,375
is one of the strongest
2307
01:12:39,792 --> 01:12:42,375
if not the strongest
2308
01:12:42,417 --> 01:12:46,626
international law treaty
2309
01:12:42,417 --> 01:12:46,626
since the end of World War II.
2310
01:12:46,667 --> 01:12:49,709
You now have an
2311
01:12:46,667 --> 01:12:49,709
institution in the Hague
2312
01:12:49,751 --> 01:12:52,751
to hold individuals,
2313
01:12:49,751 --> 01:12:52,751
no matter who they are,
2314
01:12:52,792 --> 01:12:54,876
responsible for committing
2315
01:12:52,792 --> 01:12:54,876
these worst crimes.
2316
01:12:54,918 --> 01:12:59,500
And that's something to continue
2317
01:12:54,918 --> 01:12:59,500
to be very positive about
2318
01:12:59,542 --> 01:13:01,959
and to do everything
2319
01:12:59,542 --> 01:13:01,959
you can to make it work.
2320
01:13:03,125 --> 01:13:05,167
But the job is not done.
2321
01:13:05,209 --> 01:13:09,709
Now we need to persuade
2322
01:13:05,209 --> 01:13:09,709
the other states
2323
01:13:09,751 --> 01:13:12,500
to be part of this, this ICC.
2324
01:13:15,500 --> 01:13:17,500
The United States has
2325
01:13:15,500 --> 01:13:17,500
signed the Rome Statute
2326
01:13:17,542 --> 01:13:19,709
and the signature
2327
01:13:17,542 --> 01:13:19,709
is still there.
2328
01:13:19,751 --> 01:13:24,542
The problem is, we are
2329
01:13:19,751 --> 01:13:24,542
not a ratified party
2330
01:13:24,584 --> 01:13:26,167
to the Rome Statute.
2331
01:13:26,209 --> 01:13:30,375
You know this is part of a
2332
01:13:26,209 --> 01:13:30,375
much larger picture in America.
2333
01:13:30,417 --> 01:13:34,125
We often describe ourselves
2334
01:13:30,417 --> 01:13:34,125
as the exceptional nation.
2335
01:13:34,167 --> 01:13:39,417
We discipline ourselves,
2336
01:13:34,167 --> 01:13:39,417
but we're not eager
2337
01:13:39,459 --> 01:13:41,292
to have any international regime
2338
01:13:41,334 --> 01:13:45,751
with supreme authority
2339
01:13:41,334 --> 01:13:45,751
discipline us.
2340
01:13:45,792 --> 01:13:48,959
The attitude is, "Well the
2341
01:13:45,792 --> 01:13:48,959
United States does this already,
2342
01:13:49,000 --> 01:13:50,626
or the United
2343
01:13:49,000 --> 01:13:50,626
States Constitution
2344
01:13:50,667 --> 01:13:51,959
already has these
2345
01:13:50,667 --> 01:13:51,959
protections in it.
2346
01:13:52,000 --> 01:13:54,542
Why should we
2347
01:13:52,000 --> 01:13:54,542
sacrifice any of that
2348
01:13:54,584 --> 01:13:57,751
to an international
2349
01:13:54,584 --> 01:13:57,751
regime of any character?"
2350
01:13:57,792 --> 01:14:00,042
Why, because we're the
2351
01:13:57,792 --> 01:14:00,042
exceptional nation.
2352
01:14:00,083 --> 01:14:01,667
We will meet all
2353
01:14:00,083 --> 01:14:01,667
of these standards,
2354
01:14:01,709 --> 01:14:04,876
but we meet them on our
2355
01:14:01,709 --> 01:14:04,876
terms, not on the terms
2356
01:14:04,918 --> 01:14:07,709
being dictated from
2357
01:14:04,918 --> 01:14:07,709
an international body.
2358
01:14:07,751 --> 01:14:11,751
From the outset, the United
2359
01:14:07,751 --> 01:14:11,751
States was concerned that
2360
01:14:11,792 --> 01:14:14,125
maybe it wouldn't
2361
01:14:11,792 --> 01:14:14,125
always be objective.
2362
01:14:14,167 --> 01:14:17,250
That since we were doing
2363
01:14:14,167 --> 01:14:17,250
a lot of the peacekeeping
2364
01:14:17,292 --> 01:14:20,250
and the intervening,
2365
01:14:17,292 --> 01:14:20,250
maybe we'd be held
2366
01:14:20,292 --> 01:14:23,000
specifically
2367
01:14:20,292 --> 01:14:23,000
specially accountable
2368
01:14:23,042 --> 01:14:28,042
by rival powers who
2369
01:14:23,042 --> 01:14:28,042
were on the other side,
2370
01:14:28,876 --> 01:14:31,918
either overtly or covertly.
2371
01:14:31,959 --> 01:14:33,876
And so we couldn't go along.
2372
01:14:33,918 --> 01:14:39,459
U.S. policy makers will say
2373
01:14:33,918 --> 01:14:39,459
it's fine for the Belgians
2374
01:14:39,500 --> 01:14:44,959
and the Brazilians, but we're
2375
01:14:39,500 --> 01:14:44,959
the greatest country on Earth.
2376
01:14:45,000 --> 01:14:50,000
We don't need to be subject
2377
01:14:45,000 --> 01:14:50,000
to the same law
2378
01:14:50,042 --> 01:14:51,918
that applies to everyone else.
2379
01:14:51,959 --> 01:14:54,417
And that's true for
2380
01:14:51,959 --> 01:14:54,417
Russia, it's true for China,
2381
01:14:54,459 --> 01:14:58,792
it's true for Pakistan and
2382
01:14:54,459 --> 01:14:58,792
India and Israel and Indonesia.
2383
01:14:58,834 --> 01:15:03,876
And most of the Arab world,
2384
01:14:58,834 --> 01:15:03,876
and we're just not there yet.
2385
01:15:03,918 --> 01:15:07,417
There are 124 countries
2386
01:15:03,918 --> 01:15:07,417
that have joined
2387
01:15:07,459 --> 01:15:09,375
the International
2388
01:15:07,459 --> 01:15:09,375
Criminal Court.
2389
01:15:09,417 --> 01:15:11,417
That's unfortunate.
2390
01:15:11,459 --> 01:15:14,918
It's a loss in credibility
2391
01:15:14,959 --> 01:15:19,709
in terms of US policy
2392
01:15:14,959 --> 01:15:19,709
when these crimes
2393
01:15:19,751 --> 01:15:21,751
arise anywhere in the world.
2394
01:15:24,125 --> 01:15:27,751
No country which
2395
01:15:24,125 --> 01:15:27,751
prefers to use its power
2396
01:15:27,792 --> 01:15:30,417
rather than the rule of law
2397
01:15:27,792 --> 01:15:30,417
would vote for the rule of law.
2398
01:15:30,459 --> 01:15:31,751
That's logical.
2399
01:15:31,792 --> 01:15:34,250
That's still the
2400
01:15:31,792 --> 01:15:34,250
situation today.
2401
01:15:34,292 --> 01:15:37,584
There are some people who do
2402
01:15:34,292 --> 01:15:37,584
not trust the rule of law,
2403
01:15:37,626 --> 01:15:41,250
and they prefer to use military
2404
01:15:37,626 --> 01:15:41,250
power to achieve their goals
2405
01:15:41,292 --> 01:15:43,834
as they decide and when
2406
01:15:41,292 --> 01:15:43,834
they decide they should.
2407
01:15:43,876 --> 01:15:45,626
That's led by the United States
2408
01:15:45,667 --> 01:15:48,959
to which China replies,
2409
01:15:45,667 --> 01:15:48,959
when you're ready to change
2410
01:15:49,000 --> 01:15:50,500
and give it up, come see me.
2411
01:15:50,542 --> 01:15:53,250
We'll talk about it then
2412
01:15:50,542 --> 01:15:53,250
and the Russians say
2413
01:15:53,292 --> 01:15:54,292
we're not trusting you.
2414
01:15:54,334 --> 01:15:55,417
We don't trust anybody.
2415
01:15:55,459 --> 01:15:57,751
So we have this
2416
01:15:55,459 --> 01:15:57,751
political tension
2417
01:15:57,792 --> 01:15:59,542
still exists in the world
2418
01:15:59,584 --> 01:16:01,792
and they're still talking
2419
01:15:59,584 --> 01:16:01,792
about using weaponry
2420
01:16:01,834 --> 01:16:05,292
to settle their disputes,
2421
01:16:01,834 --> 01:16:05,292
not seeming to realize
2422
01:16:05,334 --> 01:16:10,292
how very devastating and
2423
01:16:05,334 --> 01:16:10,292
dangerous that is to themselves
2424
01:16:10,334 --> 01:16:11,876
and to their people.
2425
01:16:14,167 --> 01:16:15,751
It's decisive.
2426
01:16:15,792 --> 01:16:19,876
War will make mass murderers
2427
01:16:15,792 --> 01:16:19,876
out of otherwise decent people
2428
01:16:19,918 --> 01:16:22,918
and I have seen it again
2429
01:16:19,918 --> 01:16:22,918
and again and again.
2430
01:16:22,959 --> 01:16:24,375
And it's inevitable.
2431
01:16:24,417 --> 01:16:27,209
They become mass murderers
2432
01:16:24,417 --> 01:16:27,209
whether they are Americans,
2433
01:16:27,250 --> 01:16:29,876
or they're Germans,
2434
01:16:27,250 --> 01:16:29,876
or anybody else.
2435
01:16:29,918 --> 01:16:31,751
That's the effect of war.
2436
01:16:31,792 --> 01:16:35,042
My answer to that
2437
01:16:31,792 --> 01:16:35,042
is stop war making.
2438
01:16:35,083 --> 01:16:36,584
Well, how are you
2439
01:16:35,083 --> 01:16:36,584
gonna stop war making?
2440
01:16:36,626 --> 01:16:38,500
It's been glorified
2441
01:16:36,626 --> 01:16:38,500
for centuries.
2442
01:16:38,542 --> 01:16:40,250
Yes, it has been glorified.
2443
01:16:40,292 --> 01:16:42,792
It's time to stop before
2444
01:16:40,292 --> 01:16:42,792
you kill everybody
2445
01:16:42,834 --> 01:16:46,709
and we're on that path too, so
2446
01:16:42,834 --> 01:16:46,709
you gotta make up your mind.
2447
01:16:46,751 --> 01:16:48,417
Either you're going
2448
01:16:46,751 --> 01:16:48,417
to try to behave
2449
01:16:48,459 --> 01:16:50,250
in a humane and rational way,
2450
01:16:50,292 --> 01:16:51,626
or you're going
2451
01:16:50,292 --> 01:16:51,626
to kill everybody.
2452
01:16:51,667 --> 01:16:54,417
Goodbye kids, I'm 95
2453
01:16:51,667 --> 01:16:54,417
years, 98 years old.
2454
01:16:54,459 --> 01:16:56,000
Not my world.
2455
01:16:56,042 --> 01:16:57,500
That's my message.
2456
01:16:59,500 --> 01:17:03,250
From the examples that
2457
01:16:59,500 --> 01:17:03,250
Ben has given all of us,
2458
01:17:03,292 --> 01:17:05,584
he has never wavered, never.
2459
01:17:06,792 --> 01:17:10,709
He believes that we can
2460
01:17:06,792 --> 01:17:10,709
achieve justice for humanity.
2461
01:17:10,751 --> 01:17:14,334
This is one person, you know.
2462
01:17:14,375 --> 01:17:18,334
One great man in history
2463
01:17:18,375 --> 01:17:22,209
who continues to give his best.
2464
01:17:22,250 --> 01:17:24,667
Who continues to
2465
01:17:22,250 --> 01:17:24,667
show his commitment.
2466
01:17:24,709 --> 01:17:27,667
Who continues to show that
2467
01:17:24,709 --> 01:17:27,667
this world can be better.
2468
01:17:28,959 --> 01:17:31,709
I don't think a personal
2469
01:17:28,959 --> 01:17:31,709
legacy is important to him.
2470
01:17:31,751 --> 01:17:35,500
I think it is important
2471
01:17:31,751 --> 01:17:35,500
to him that we advance
2472
01:17:35,542 --> 01:17:38,626
the rule of law, advance
2473
01:17:35,542 --> 01:17:38,626
the ball for all humankind
2474
01:17:38,667 --> 01:17:39,792
to diminish suffering.
2475
01:17:40,834 --> 01:17:42,417
Ben: Good
2476
01:17:40,834 --> 01:17:42,417
afternoon young lady.
2477
01:17:44,792 --> 01:17:48,375
Ben's presence
2478
01:17:48,417 --> 01:17:52,751
and his tireless
2479
01:17:48,417 --> 01:17:52,751
efforts are still needed
2480
01:17:52,792 --> 01:17:55,667
in reminding us of
2481
01:17:52,792 --> 01:17:55,667
Nuremberg and a good thing
2482
01:17:55,709 --> 01:17:58,042
that was started there
2483
01:17:55,709 --> 01:17:58,042
to be continued today
2484
01:17:58,083 --> 01:18:01,459
and to be brought into
2485
01:17:58,083 --> 01:18:01,459
these new institutions.
2486
01:18:04,125 --> 01:18:05,709
Think this is what keeps
2487
01:18:04,125 --> 01:18:05,709
him going, keeps him young.
2488
01:18:05,751 --> 01:18:07,959
You know he's very
2489
01:18:05,751 --> 01:18:07,959
committed to this idea
2490
01:18:08,000 --> 01:18:10,500
that law as you know
2491
01:18:08,000 --> 01:18:10,500
is better than war.
2492
01:18:13,918 --> 01:18:16,834
[Ben] I work incredible hours.
2493
01:18:16,876 --> 01:18:19,876
I work starting sometimes
2494
01:18:16,876 --> 01:18:19,876
seven o'clock in the morning
2495
01:18:19,918 --> 01:18:21,459
'til 10 o'clock at night.
2496
01:18:21,500 --> 01:18:22,792
I don't know what a holiday is.
2497
01:18:22,834 --> 01:18:25,000
I don't know what
2498
01:18:22,834 --> 01:18:25,000
retirement means.
2499
01:18:25,042 --> 01:18:27,167
I have no desire
2500
01:18:25,042 --> 01:18:27,167
to go play golf
2501
01:18:27,209 --> 01:18:30,709
or to go fishing, things
2502
01:18:27,209 --> 01:18:30,709
that normal people do
2503
01:18:30,751 --> 01:18:32,375
when they retire.
2504
01:18:34,459 --> 01:18:38,125
[Abella] I mean if all he had
2505
01:18:34,459 --> 01:18:38,125
done was argue at the age of 27
2506
01:18:38,167 --> 01:18:40,876
in front of the
2507
01:18:38,167 --> 01:18:40,876
Nuremberg Tribunal,
2508
01:18:40,918 --> 01:18:44,000
I would've said,
2509
01:18:40,918 --> 01:18:44,000
"That's a remarkable person."
2510
01:18:44,042 --> 01:18:48,751
To go on and use that as the
2511
01:18:44,042 --> 01:18:48,751
fire that ignites his soul
2512
01:18:48,792 --> 01:18:51,209
and his brain on
2513
01:18:48,792 --> 01:18:51,209
behalf of humanity
2514
01:18:51,250 --> 01:18:53,792
is what makes him
2515
01:18:51,250 --> 01:18:53,792
an iconic figure,
2516
01:18:53,834 --> 01:18:56,959
and the reason it's iconic
2517
01:18:53,834 --> 01:18:56,959
is because he never forgot
2518
01:18:57,000 --> 01:19:00,834
what he saw and heard, and
2519
01:18:57,000 --> 01:19:00,834
he's used it to make it better
2520
01:19:00,876 --> 01:19:03,334
not for him, for everybody else
2521
01:19:03,375 --> 01:19:04,751
so he's a conscience.
2522
01:19:04,792 --> 01:19:08,834
He's a roving conscience
2523
01:19:04,792 --> 01:19:08,834
that says to people,
2524
01:19:08,876 --> 01:19:10,459
"This isn't right.
2525
01:19:10,500 --> 01:19:11,876
You can't do this.
2526
01:19:11,918 --> 01:19:12,751
This is wrong."
2527
01:19:16,834 --> 01:19:21,792
[Ben] I consider myself very
2528
01:19:16,834 --> 01:19:21,792
fortunate to have been able to
2529
01:19:21,834 --> 01:19:24,042
go from rags to riches,
2530
01:19:24,083 --> 01:19:26,000
to have been married to a woman
2531
01:19:26,042 --> 01:19:28,125
with whom I have
2532
01:19:26,042 --> 01:19:28,125
never had a quarrel
2533
01:19:28,167 --> 01:19:29,876
and she's 98 years old.
2534
01:19:31,125 --> 01:19:33,626
We've been married
2535
01:19:31,125 --> 01:19:33,626
for over 71 years.
2536
01:19:36,459 --> 01:19:38,626
I have survived
2537
01:19:36,459 --> 01:19:38,626
the battles of war.
2538
01:19:42,500 --> 01:19:44,792
So life has been good to me.
2539
01:19:47,667 --> 01:19:49,042
And I have no
2540
01:19:50,667 --> 01:19:55,626
wish other than to serve the
2541
01:19:50,667 --> 01:19:55,626
United States and the world
2542
01:19:55,667 --> 01:20:00,626
by trying to make it a more
2543
01:19:55,667 --> 01:20:00,626
humane and peaceful world order.
2544
01:20:00,667 --> 01:20:02,876
That's my goal in life.
2545
01:20:02,918 --> 01:20:06,459
[gentle piano music]
168844
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