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These are the user uploaded subtitles that are being translated: 1 00:00:01,042 --> 00:00:04,584 [dramatic music] 2 00:00:22,375 --> 00:00:25,083 [emotional music] 3 00:00:25,125 --> 00:00:27,876 I carry with me the 4 00:00:25,125 --> 00:00:27,876 burden of having seen 5 00:00:27,918 --> 00:00:30,584 man's inhumanity to man in ways 6 00:00:30,626 --> 00:00:33,459 which are incredible 7 00:00:30,626 --> 00:00:33,459 to a rational mind, 8 00:00:33,500 --> 00:00:35,792 and that will always 9 00:00:33,500 --> 00:00:35,792 remain with me. 10 00:00:39,542 --> 00:00:40,876 I am Ben Ferencz. 11 00:00:43,209 --> 00:00:48,000 70 years ago, I was 12 00:00:43,209 --> 00:00:48,000 a prosecutor at the 13 00:00:43,209 --> 00:00:48,000 Nuremberg Trials, 14 00:00:48,042 --> 00:00:52,000 in what was certainly 15 00:00:48,042 --> 00:00:52,000 the biggest murder 16 00:00:48,042 --> 00:00:52,000 trial in history. 17 00:00:53,000 --> 00:00:56,876 Ben Ferencz is an icon, really 18 00:00:56,918 --> 00:00:59,667 in international 19 00:00:56,918 --> 00:00:59,667 criminal justice. 20 00:00:59,709 --> 00:01:02,751 We're talking about 21 00:00:59,709 --> 00:01:02,751 a man whose career 22 00:01:02,792 --> 00:01:04,667 spans seven decades. 23 00:01:06,792 --> 00:01:10,918 [Ben] This trial, well what 24 00:01:06,792 --> 00:01:10,918 was most significant about it 25 00:01:10,959 --> 00:01:12,876 was it gave us an insight 26 00:01:12,918 --> 00:01:16,000 into the mentality 27 00:01:12,918 --> 00:01:16,000 of mass murderers. 28 00:01:16,042 --> 00:01:17,751 They had murdered 29 00:01:16,042 --> 00:01:17,751 over a million people, 30 00:01:17,792 --> 00:01:21,209 including hundreds of thousands 31 00:01:17,792 --> 00:01:21,209 of children in cold blood. 32 00:01:23,292 --> 00:01:28,042 Ben is the personification 33 00:01:23,292 --> 00:01:28,042 of the international do-gooder. 34 00:01:28,083 --> 00:01:30,834 Somebody who has no goal in life 35 00:01:30,876 --> 00:01:35,584 other than to bring 36 00:01:30,876 --> 00:01:35,584 justice to an unjust world. 37 00:01:35,626 --> 00:01:39,125 My Dad used to ask 38 00:01:35,626 --> 00:01:39,125 us, and I kid you not, 39 00:01:39,167 --> 00:01:42,417 around the dinner 40 00:01:39,167 --> 00:01:42,417 table every night, 41 00:01:42,459 --> 00:01:45,334 "What have you done 42 00:01:42,459 --> 00:01:45,334 for mankind today?" 43 00:01:47,292 --> 00:01:49,250 [Ben] War can make murderers 44 00:01:49,292 --> 00:01:51,792 out of otherwise decent people. 45 00:01:52,959 --> 00:01:55,209 That may come as a shock 46 00:01:52,959 --> 00:01:55,209 to some of the viewers 47 00:01:55,250 --> 00:01:58,667 who perceive these mass 48 00:01:55,250 --> 00:01:58,667 murderers as horrible beasts. 49 00:01:59,751 --> 00:02:00,751 Not so. 50 00:02:03,250 --> 00:02:04,751 At such a young age, 51 00:02:04,792 --> 00:02:07,876 in such a critical moment 52 00:02:04,792 --> 00:02:07,876 in modern history 53 00:02:07,918 --> 00:02:09,250 to be in the thick of things, 54 00:02:09,292 --> 00:02:12,125 to do the right thing with 55 00:02:09,292 --> 00:02:12,125 conviction and courage, 56 00:02:12,167 --> 00:02:14,626 and to have witnessed 57 00:02:12,167 --> 00:02:14,626 what he had witnessed 58 00:02:14,667 --> 00:02:17,042 and turned that into a 59 00:02:14,667 --> 00:02:17,042 positive contribution 60 00:02:17,083 --> 00:02:19,000 for a better humanity. 61 00:02:19,042 --> 00:02:21,792 It's really something to 62 00:02:19,042 --> 00:02:21,792 admire and try to emulate. 63 00:02:23,918 --> 00:02:26,292 [Ben] The impact of 64 00:02:23,918 --> 00:02:26,292 war itself on people 65 00:02:26,334 --> 00:02:30,751 affected me so that I 66 00:02:26,334 --> 00:02:30,751 wanted to stop war-making, 67 00:02:31,876 --> 00:02:35,751 and have in fact devoted most 68 00:02:31,876 --> 00:02:35,751 of my life in that effort 69 00:02:35,792 --> 00:02:38,083 to try and create a 70 00:02:35,792 --> 00:02:38,083 more humane world. 71 00:02:40,500 --> 00:02:42,626 His humanity 72 00:02:40,500 --> 00:02:42,626 and his compassion 73 00:02:42,667 --> 00:02:47,209 and his fearless commitment 74 00:02:42,667 --> 00:02:47,209 to justice all of these years 75 00:02:47,250 --> 00:02:50,626 make him one of the most 76 00:02:47,250 --> 00:02:50,626 important figures of our time. 77 00:02:50,667 --> 00:02:53,500 [emotional music] 78 00:03:32,292 --> 00:03:35,125 I'm mindful of the 79 00:03:32,292 --> 00:03:35,125 fact that the world 80 00:03:35,167 --> 00:03:38,918 has always been torn apart 81 00:03:35,167 --> 00:03:38,918 by the type of horror 82 00:03:38,959 --> 00:03:41,584 which is featured on TV, 83 00:03:41,626 --> 00:03:44,542 but I'm also always 84 00:03:41,626 --> 00:03:44,542 mindful of the fact 85 00:03:44,584 --> 00:03:46,250 that we are, believe it or not, 86 00:03:46,292 --> 00:03:48,667 making very significant progress 87 00:03:48,709 --> 00:03:51,209 toward creating a more 88 00:03:48,709 --> 00:03:51,209 humane and peaceful world. 89 00:03:57,209 --> 00:04:01,000 Okay, Ben Ferencz 90 00:03:57,209 --> 00:04:01,000 welcome it says. 91 00:04:05,125 --> 00:04:08,500 Ben is someone 92 00:04:05,125 --> 00:04:08,500 who is very driven, 93 00:04:08,542 --> 00:04:10,375 who is extremely passionate, 94 00:04:10,417 --> 00:04:13,042 and has an absolutely 95 00:04:10,417 --> 00:04:13,042 unshakeable belief 96 00:04:13,083 --> 00:04:14,375 in the rule of law 97 00:04:14,417 --> 00:04:17,751 and in international law 98 00:04:14,417 --> 00:04:17,751 that's what drives him. 99 00:04:17,792 --> 00:04:22,209 He is somebody who 100 00:04:17,792 --> 00:04:22,209 thrives on this passion 101 00:04:22,250 --> 00:04:24,792 and thrives on the effort to 102 00:04:24,834 --> 00:04:27,584 try to move things forward 103 00:04:24,834 --> 00:04:27,584 that seem impossible. 104 00:04:29,042 --> 00:04:32,751 When I was a boy or a student, 105 00:04:32,792 --> 00:04:35,042 there was no such 106 00:04:32,792 --> 00:04:35,042 thing as human rights. 107 00:04:35,083 --> 00:04:37,667 There was no such thing 108 00:04:35,083 --> 00:04:37,667 as international courts. 109 00:04:38,918 --> 00:04:41,876 No one heard of the word 110 00:04:38,918 --> 00:04:41,876 genocide for one thing, 111 00:04:41,918 --> 00:04:44,709 and I was the first I 112 00:04:41,918 --> 00:04:44,709 believe to use that word 113 00:04:44,751 --> 00:04:47,000 in the opening paragraph 114 00:04:44,751 --> 00:04:47,000 of an indictment 115 00:04:47,042 --> 00:04:48,918 where I was the chief 116 00:04:47,042 --> 00:04:48,918 prosecutor at Nuremberg. 117 00:04:50,667 --> 00:04:52,584 Benjamin Ferencz 118 00:04:50,667 --> 00:04:52,584 is the titan 119 00:04:52,626 --> 00:04:57,250 of international 120 00:04:52,626 --> 00:04:57,250 criminal prosecutions. 121 00:04:57,292 --> 00:05:00,792 He really established 122 00:04:57,292 --> 00:05:00,792 an incredible 123 00:05:02,167 --> 00:05:06,584 mandate for international 124 00:05:02,167 --> 00:05:06,584 criminal responsibility 125 00:05:06,626 --> 00:05:09,000 for the commission of crimes 126 00:05:09,042 --> 00:05:12,375 against humanity and war crimes. 127 00:05:12,417 --> 00:05:17,000 He laid out a legal 128 00:05:12,417 --> 00:05:17,000 process that has become 129 00:05:17,042 --> 00:05:22,042 a very important one, taking 130 00:05:17,042 --> 00:05:22,042 us into the 21st Century. 131 00:05:24,042 --> 00:05:25,542 I'd never tried a case. 132 00:05:25,584 --> 00:05:27,626 I'd never been in a 133 00:05:25,584 --> 00:05:27,626 criminal court in my life. 134 00:05:27,667 --> 00:05:29,334 I was 27 years old. 135 00:05:30,709 --> 00:05:33,250 But I knew at the beginning 136 00:05:30,709 --> 00:05:33,250 that if this trial 137 00:05:33,292 --> 00:05:35,584 is going to have any 138 00:05:33,292 --> 00:05:35,584 significance at all, 139 00:05:35,626 --> 00:05:39,751 it has to set a model of what 140 00:05:35,626 --> 00:05:39,751 you should and shouldn't do. 141 00:05:39,792 --> 00:05:41,500 This is a 142 00:05:41,542 --> 00:05:43,918 "Order National 143 00:05:41,542 --> 00:05:43,918 De La Legion d'Honneur, 144 00:05:43,959 --> 00:05:47,542 Presidente de la 145 00:05:43,959 --> 00:05:47,542 Republique Francaise" 146 00:05:47,584 --> 00:05:51,083 Names me a "Chevalier 147 00:05:47,584 --> 00:05:51,083 de la Legion d'Honneur" 148 00:05:51,125 --> 00:05:53,250 That gold medal you 149 00:05:51,125 --> 00:05:53,250 see hanging there 150 00:05:53,292 --> 00:05:55,751 is the Medal of 151 00:05:53,292 --> 00:05:55,751 Freedom which I was 152 00:05:55,792 --> 00:05:57,834 particularly glad to receive 153 00:05:57,876 --> 00:06:00,542 because the previous 154 00:05:57,876 --> 00:06:00,542 recipient of that 155 00:06:00,584 --> 00:06:03,959 had been Nelson Mandela, and 156 00:06:00,584 --> 00:06:03,959 I was a strong admirer of his. 157 00:06:04,000 --> 00:06:07,834 [gentle piano music] 158 00:06:07,876 --> 00:06:12,417 I was told that I'd make a 159 00:06:07,876 --> 00:06:12,417 good lawyer or a good crook, 160 00:06:13,542 --> 00:06:14,876 and I didn't quite understand it 161 00:06:14,918 --> 00:06:17,375 'cause I didn't know 162 00:06:14,918 --> 00:06:17,375 what a lawyer was, 163 00:06:17,417 --> 00:06:18,792 but I knew what the crook was 164 00:06:18,834 --> 00:06:21,334 and I didn't care 165 00:06:18,834 --> 00:06:21,334 for it at any time, 166 00:06:21,375 --> 00:06:23,167 so I think that 167 00:06:21,375 --> 00:06:23,167 may have tilted me 168 00:06:23,209 --> 00:06:25,918 toward wanting to be a 169 00:06:23,209 --> 00:06:25,918 lawyer, whatever that meant. 170 00:06:29,959 --> 00:06:34,459 My sister was born in the 171 00:06:29,959 --> 00:06:34,459 same bed I was later born in. 172 00:06:36,000 --> 00:06:39,542 When she was born, 173 00:06:36,000 --> 00:06:39,542 she was a Hungarian. 174 00:06:39,584 --> 00:06:42,834 When I was born about 18 175 00:06:39,584 --> 00:06:42,834 months later, I was a Romanian. 176 00:06:44,792 --> 00:06:47,292 It doesn't really matter 177 00:06:44,792 --> 00:06:47,292 what you call the country. 178 00:06:47,334 --> 00:06:50,751 What matters is how you treat 179 00:06:47,334 --> 00:06:50,751 the people in the country, 180 00:06:50,792 --> 00:06:53,000 and in both Hungary and Romania, 181 00:06:53,042 --> 00:06:54,751 they persecuted the Jews. 182 00:06:54,792 --> 00:06:58,584 So it was prudent for my parents 183 00:06:54,792 --> 00:06:58,584 to get out if they could. 184 00:07:01,834 --> 00:07:05,959 We traveled third class because 185 00:07:01,834 --> 00:07:05,959 there was no fourth class. 186 00:07:06,959 --> 00:07:12,000 Sleeping on an open deck in 187 00:07:06,959 --> 00:07:12,000 midwinter in 1920 was not easy. 188 00:07:14,792 --> 00:07:19,584 I was crying all the time 189 00:07:14,792 --> 00:07:19,584 because my mother had no milk. 190 00:07:19,626 --> 00:07:22,876 My father was being driven 191 00:07:19,626 --> 00:07:22,876 crazy with this noise. 192 00:07:22,918 --> 00:07:24,083 He couldn't sleep. 193 00:07:24,125 --> 00:07:26,918 He was very tempted 194 00:07:24,125 --> 00:07:26,918 to throw me overboard. 195 00:07:26,959 --> 00:07:29,751 And there's been some 196 00:07:26,959 --> 00:07:29,751 indication that he would've 197 00:07:29,792 --> 00:07:32,083 had he not been 198 00:07:29,792 --> 00:07:32,083 interrupted by my uncle 199 00:07:32,125 --> 00:07:33,709 who was traveling with us. 200 00:07:37,626 --> 00:07:40,584 My father was trained as 201 00:07:37,626 --> 00:07:40,584 an apprentice shoemaker. 202 00:07:40,626 --> 00:07:42,834 He thought when he 203 00:07:40,626 --> 00:07:42,834 gets to New York, 204 00:07:42,876 --> 00:07:44,834 he'll be able to make 205 00:07:42,876 --> 00:07:44,834 boots for the people. 206 00:07:44,876 --> 00:07:46,167 No one told him there were 207 00:07:46,209 --> 00:07:49,500 no cowboys in New York 208 00:07:46,209 --> 00:07:49,500 and no cows. 209 00:07:49,542 --> 00:07:51,751 So he found himself 210 00:07:49,542 --> 00:07:51,751 unemployable, 211 00:07:51,792 --> 00:07:54,042 no money, no friends. 212 00:07:56,792 --> 00:07:59,792 It was a tough life, 213 00:07:56,792 --> 00:07:59,792 but they didn't know it 214 00:07:59,834 --> 00:08:02,709 because where they'd 215 00:07:59,834 --> 00:08:02,709 come from it was tougher, 216 00:08:02,751 --> 00:08:04,959 so it was an improvement 217 00:08:02,751 --> 00:08:04,959 no matter what. 218 00:08:08,918 --> 00:08:12,417 This was an area known 219 00:08:08,918 --> 00:08:12,417 as Hell's Kitchen. 220 00:08:12,459 --> 00:08:16,918 It got that name because it 221 00:08:12,459 --> 00:08:16,918 was a high crime density area. 222 00:08:16,959 --> 00:08:19,626 When I became a criminologist 223 00:08:16,959 --> 00:08:19,626 I found that out 224 00:08:19,667 --> 00:08:22,417 by seeing maps of where 225 00:08:19,667 --> 00:08:22,417 the most crime was 226 00:08:22,459 --> 00:08:23,792 in parts of the world. 227 00:08:23,834 --> 00:08:24,918 It was right at home. 228 00:08:26,292 --> 00:08:30,584 It was a tough neighborhood, 229 00:08:26,292 --> 00:08:30,584 Irish and Italian. 230 00:08:31,751 --> 00:08:34,292 With a lot of gang 231 00:08:31,751 --> 00:08:34,292 warfare going on, 232 00:08:34,334 --> 00:08:37,626 but it was no guns, no knives. 233 00:08:37,667 --> 00:08:39,375 It was just you know 234 00:08:37,667 --> 00:08:39,375 beating each other up 235 00:08:39,417 --> 00:08:41,709 or playing craps 236 00:08:39,417 --> 00:08:41,709 on the sidewalk. 237 00:08:44,918 --> 00:08:46,751 I didn't speak English at all. 238 00:08:46,792 --> 00:08:50,125 I spoke Yiddish was 239 00:08:46,792 --> 00:08:50,125 the mother tongue. 240 00:08:50,167 --> 00:08:53,667 My father took me to school, 241 00:08:50,167 --> 00:08:53,667 public school to enroll me. 242 00:08:53,709 --> 00:08:55,792 They wouldn't take me 243 00:08:53,709 --> 00:08:55,792 because I was too small, 244 00:08:55,834 --> 00:09:00,209 I couldn't speak English, and 245 00:08:55,834 --> 00:09:00,209 they said come back next year. 246 00:09:00,250 --> 00:09:01,918 Next year they said 247 00:09:00,250 --> 00:09:01,918 the same thing, 248 00:09:01,959 --> 00:09:05,334 so I finally ended up when 249 00:09:01,959 --> 00:09:05,334 my parents were divorced 250 00:09:05,375 --> 00:09:07,918 and I went to live with 251 00:09:05,375 --> 00:09:07,918 an aunt in Brooklyn, 252 00:09:07,959 --> 00:09:11,334 that's where I started 253 00:09:07,959 --> 00:09:11,334 my educational career. 254 00:09:11,375 --> 00:09:14,876 [gentle piano music] 255 00:09:14,918 --> 00:09:19,334 My eighth grade teacher in 256 00:09:14,918 --> 00:09:19,334 public school 80 in the Bronx, 257 00:09:19,375 --> 00:09:20,918 I was then living back again 258 00:09:20,959 --> 00:09:23,042 with my mother 259 00:09:20,959 --> 00:09:23,042 and my stepfather. 260 00:09:23,083 --> 00:09:26,918 She asked me to bring 261 00:09:23,083 --> 00:09:26,918 my father and mother in. 262 00:09:26,959 --> 00:09:28,083 She wanted to talk to them 263 00:09:28,125 --> 00:09:30,626 and we had a little conference. 264 00:09:32,834 --> 00:09:37,292 The teacher explained 265 00:09:32,834 --> 00:09:37,292 that this is a gifted boy, 266 00:09:37,334 --> 00:09:39,292 and he should go to college. 267 00:09:39,334 --> 00:09:41,292 Well certainly she didn't 268 00:09:39,334 --> 00:09:41,292 know and I didn't know 269 00:09:41,334 --> 00:09:45,209 what a gifted boy meant, 270 00:09:41,334 --> 00:09:45,209 'cause we never got any gifts 271 00:09:45,250 --> 00:09:47,876 and I didn't know anybody 272 00:09:45,250 --> 00:09:47,876 who ever went to college. 273 00:09:47,918 --> 00:09:52,125 This was beyond our 274 00:09:47,918 --> 00:09:52,125 knowledge range, 275 00:09:52,167 --> 00:09:55,918 and my mother said well 276 00:09:52,167 --> 00:09:55,918 whatever you want to do, 277 00:09:55,959 --> 00:09:58,042 you know she would 278 00:09:55,959 --> 00:09:58,042 accommodate that. 279 00:10:02,167 --> 00:10:03,751 The Townsend Harris High School 280 00:10:03,792 --> 00:10:06,000 which was the only one of 281 00:10:03,792 --> 00:10:06,000 its kind in the country 282 00:10:06,042 --> 00:10:07,584 where if you 283 00:10:06,042 --> 00:10:07,584 graduated from there 284 00:10:07,626 --> 00:10:09,792 you were automatically 285 00:10:07,626 --> 00:10:09,792 admitted to City College. 286 00:10:12,959 --> 00:10:15,000 I never had to study before. 287 00:10:15,042 --> 00:10:16,834 I heard something and I knew it, 288 00:10:16,876 --> 00:10:20,125 and it was just you know it 289 00:10:16,876 --> 00:10:20,125 seemed to be quite automatic, 290 00:10:20,167 --> 00:10:22,876 but when I got to this 291 00:10:20,167 --> 00:10:22,876 advanced high school, 292 00:10:22,918 --> 00:10:27,417 I flunked the two subjects 293 00:10:22,918 --> 00:10:27,417 of French and algebra. 294 00:10:27,459 --> 00:10:32,209 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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