Is trying nonagenarians for Nazi War Crimes the best way to achieve justice?

If it wasn’t so serious, the idea of a 96-year-old going on the run to escape trial would be quite comical. But behind the image of an old lady hopping into a cab at her retirement home and fleeing for the subway station in the early hours is a quagmire of deeply complex and emotive issues.

Irmgard Furchner stands accused of having contributed to the murder of 11,412 people between 1943 and 1945 when she was an 18-year-old typist and former secretary to the SS commander of the Stutthof concentration camp in Poland. She is the latest of several nonagenarian Nazi war criminals to be brought to trial, some of them in youth courts because they weren’t adults at the time of their alleged crimes.

Irmgard Furchner being brought into court

The reason this particular case captured my attention is partly because it coincided with the seventy-fifth anniversary of the final day of the Nuremberg Trials that saw twelve senior members of the Nazi establishment sentenced to death by hanging. And partly because the hearing Furchner was due to attend was in Itzehoe, the same north German town that I have been going to all my life. I have been looking Nazism and the Second World War in the face for several decades now, but my countless happy memories visiting relatives there had completely insulated it from the chill of Germany’s wider history. 

Now it is in the spotlight as the face of retribution. So, is it a total no-brainer that even seventy-five years later, such people, nonagenarian or not, must pay for their part in some of the worst mass killings in history? Or is this more a rush by prosecutors to seize the final opportunity to redress the failures of the previous decades? Will sentencing these last Nazis to time in prison achieve justice for the victims? Or are these trials there to serve the broader objective of Never Forget? Is a ninety-year old even the same person as their eighteen-year-old self?

The last guilty verdict issued was to former SS guard Bruno Dey, who was handed a two-year suspended sentence in July 2020 at the age of 93. The 2019 trial against 95-year-old Johann Rehbogen for his service as a guard also in Stutthof Concentration Camp, had to be terminated as his organs were failing. The only successful conviction was of 96-year-old Oskar Gröning, the so-called ‘bookkeeper of Auschwitz,’ who was sentenced to four years in 2015 but died in hospital after his several appeals failed. I wrote about him at the time in my blog. In his case he had not tried to evade justice. Driven by a desire to counter Holocaust deniers and prevent something like Auschwitz from ever happening again, he had been openly talking about his time as an accountant in the death camp. His testimonies, however, were used against him in court with the unintended outcome that other low-level perpetrators and bystanders went silent. 

Oskar Gröning at his trial in 2015

For some people, the greatest justice to all victims of Nazi persecution that these trials can provide is to keep the crimes fresh in peoples’ minds and prevent them from being forgotten, denied or trivialised. They force Germans, including younger generations, to listen to the testimonies of survivors and to rake over the whole disturbing and uncomfortable past once again. 

It is so important that we never forget; that we all learn the lessons that Germany’s descent into barbarity and atrocity teaches us, not least about the vulnerability of democracy today. But survivors often declare that legal retribution is not the main outcome they are after. That they are more interested in shining light on unresolved or overlooked crimes and contributing to Holocaust remembrance and education. 

So, are we now at a time when imprisonment is a less effective response than a more direct dealing with the aftermath of the offence? Is there now another way that serves justice to the many victims of the Third Reich and their descendants AND sends a powerful message to would-be perpetrators of mass crimes that they will never get away with murder AND contributes to remembrance and education AND offers possibilities for healing and reconciliation? 

The past cannot be changed, but the present can. Might communication between those harmed by and those implicated in Nazi crimes, within the safe frameworks of Restorative Justice or mediation initiatives, offer the possibility to fulfil all the outcomes desired by the survivors? Could the excrutiating discomfort of acknowledgment of past wrongdoing be the punishment? Would talking together create an opportunity to resolve some of the harm and nurture the shoots of healing, forgiveness and reconciliation that can sprout from really listening and really being heard? 

Further reading:

Trial of 100-year-old man in Germany: why Nazi war crimes take so long to prosecute – The Conversation

Former Nazi death camp secretary, 96, remanded in custody after going on the run – Times of Israel

Nuremberg: The Trial of the Nazi War Criminals – Radio 4

Germans are right to pursue 100-year-old former Nazi war criminals – Irish Times

Actions may speak louder than words, but words can lead to actions…

This first month of 2020 offered a veritable feast of potential inspiration for January’s blog. It was hard to choose. On the theme of prisons, there was BBC Two’s The Choir in which Gareth Malone has just two episodes to get young men in Aylesbury Young Offenders Institute to sing and viewers to cry. I know from experience, the latter was definitely easier. 

In cinemas, Jojo Rabbit, a risky, irreverent, bitter-sweet comedy about Hitler, breaks through taboos and somehow gets you laughing at the Nazis in ways they would have hated. Less amusing is Sam Mendes’s 1917, which, through its close-up filming method, dumps its audiences into the putteed boots and helmeted heads of two young British soldiers and sends them off on an impossible mission through hell. Within minutes one has snagged his hand on rusty barbed wire, a wound that alone would send all of us racing to A&E. But that is a mere scratch compared to what awaits him.

Another extraordinary BBC two-episoder, Lost Home Movies of Nazi Germany, gives deeper and more nuanced insights into both the lives and the beliefs of individuals living through those times. While Channel 4’s moving My grandparents’ War follows Kristen Scott Thomas and three other esteemed British actors as they uncover the brave roles their grandfathers played in the Second World War. 

2020 will be a year of 75th anniversaries relating to WW2 with more such documentaries, films, books (oh I wish mine too) and podcasts covering increasingly personal moments of suffering, bravery and evil. History has definitely shifted. No longer just a narrative of kings, politics and wars, it now hones in on the stories of individuals caught up in or affected by the decisions of their leaders. Our appetite to understand experiences from the two world wars has not abated, for they still touch us personally. But one day there will be no more contemporary witnesses to testify to the horrors, misery, fear and loss. No more survivors of the Shoah to remind us not to forget what can happen; to warn us that we are not immune.

Over the past five years there has been a 320% rise in Far-Right attacks globally. In 2018 alone, there were 387 violent anti-Semitic incidents – 35 in Germany, 68 in the UK… The Holocaust was clearly not enough to snuff out the thinking that leads to such evil. Which is why I have chosen last week’s commemoration of the 75thanniversary of the liberation of Auschwitz and International Holocaust Remembrance Day at Yad Vashem in Jerusalem as my blog’s focus. There the overriding message of world leaders was of the necessity for vigilance to the language of hate, discrimination and prejudice. (The full speeches are on YouTube)

I have no doubt the Jewish speakers’ speeches in Jiddish were profound and extraordinary. And Prince Charles spoke movingly about the risk of the Holocaust being placed under a glass bubble within history and urged us to re-commit ourselves to tolerance and respect. (He speaks at 1:31:30) But it was once again the German president, Frank-Walter Steinmeier, the first ever German president to address guests at Yad Vashem, who, in my view, stole the show with his impossibly difficult and brave speech. I would like to include extracts from it here because, as we approach the thankfully silent bongs of Big Ben on 31st January, I believe his words are relevant to each and every one of us to act upon in our own little ways.

Opening his address (which starts at 1.49.20) with a Jewish blessing in seemingly fluent Hebrew, he continued in English, telling the tragic stories of four individuals murdered in the Holocaust. With the humility and honesty that has become a hallmark of German leaders at such occasions, he unflinchingly took responsibility on behalf of his country:

Germans deported them. Germans burnt numbers on their forearms. Germans tried to dehumanise them, to reduce them to numbers to erase all memory of them in the extermination camps. They did not succeed…. As human beings, they live on in our memory.

Frank-Walter Steinmeier talking at Yad Vashem in Jerusalem

Referring to the Yad Vashem monument, he continued, “I stand before this monument as a human being and as a German… and I bow in deepest sorrow.”

His reference to ‘human beings’ didn’t stop at the victims and those on the side of good: “The perpetrators were human beings,” he continued, lightly emphasising each of our potential to become perpetrators or victims. “They were Germans; those who murdered, those who helped in the murdering, and the many who silently towed the line… they were Germans. The industrial mass murder of 6 million Jews, the worst crime in the history of humanity – it was committed by my countrymen. The terrible war, which cost far more than 50 million lives, is originated from my country. Seventy-five years later, after the liberation of Asuchwitz, I stand before you all as President of Germany, and I stand here laden with the historical burden of guilt.”

Gulp… I don’t know if it moves you, but I know a little of just how heavy that burden is. But as anybody dealing with criminals and/or victims can attest to, genuine admissions of guilt and acts of apology, forgiveness, restorative justice or therapy offer opportunities for reconciliation, that powerfully healing balm for wounds which threaten to fester forever. Steinmeier knows this:

“At the same time, my heart is filled with gratitude… gratitude for the hands of the survivors stretched out to us, gratitude for the new trust given to us by people in Israel and across the world, gratitude that Jewish life is flourishing again in Germany. My soul is moved by this spirit of reconciliation… a spirit, which opened up a new and peaceful path for Germany and Israel; for Germany and Europe and the countries of the world.”

I love the way Germans can speak of ‘heart’ and ‘soul’ and ‘spirit’ so effortlessly…

“The eternal flame at Yad Vashem does not go out. Germany’s responsibility does not expire. We want to live up to our responsibility. By this, dear friends, you should measure us. I stand before you grateful for this miracle of reconciliation and I wish I could say that our remembrance has made us immune to evil. Yes, we Germans remember, but sometimes it seems as though we understand the past better than the present. The spirits of evil are emerging in a new guise, presenting their anti-Semitic, racist, authoritarian thinking as an answer for the future, a new solution to new problems of our age. And I wish I could say we Germans have learnt from history once and for all. But I cannot say that when hatred is spreading…”

“Of course, our age is a different age, the words are not the same, the perpetrators are not the same, but it is the same evil. And there remains only one answer: Never again. Nie wieder. That is why there cannot be an end to remembrance…”

President Steinmeier and Prince Charles
President Steinmeier hugged by President Macron
President Steinmeier hugged by Avner Shalev, Chairman of the Yad Vashem Directorate

I am so glad that President Steinmeier was given such heartfelt hugs on returning to his seat. After Prince Charles’s slightly awkward handshake and strained smile, President Macron looked him in the eyes and embraced him followed by Avner Shalev, Chairman of the Yad Vashem Directorate, who looked like he would never let him go. Such displays of heart, soul and spirit warm me every time.

Further reading:

The Times of Israel: At Yad Vashem, German president says Germans haven’t learned lesson of Holocaust

The Telegraph: Holocaust is no mere ‘fact of history’: Prince Charles stands with world leaders against rise of anti-Semitism

The Guardian: The need to remember and retain the lessons of what became the Holocaust grows rather than diminishes. 

The New York Times: At Holocaust Memorial, a Survivor and Towering Moral Voice Says He ‘Cannot Forgive’

Japan’s heartfelt call for peace… but could it be even stronger?

Whose call to peace is stronger? The call made by victims of conflict, or the call made by former perpetrators? That was the question I found myself asking as I wandered Hiroshima’s Peace Memorial Park earlier this month. 

Memorial Cenotaph
Hiroshima Peace Park
The A-Bomb Dome
The A-Bomb Dome

Japan is unique in so many ways. It’s a fascinating place of extremes and contradictions, where sublime beauty and attention to detail exist beside mass-produced, plastic-wrapped ugliness. I don’t think I have ever been to a place where so many things feel completely alien.

Of course Japan is also unique for being the only country in the world to have been victim not just to one, but two nuclear bombings. And it is very clear from the messages in Hiroshima Peace Memorial Museum that that narrative has played a strong role in defining how Japan sees itself today. Throughout the park were heartfelt messages offering pacifism and reconciliation as a path forward. 

I honestly can’t imagine how anybody could emerge from the Peace Museum’s collection of photographs and preserved artefacts untouched by the epic tragedy. Twisted clocks stopped in their tracks at 8.15am and the charred remains of a lunch box or child’s tricycle serve as illustrations to the deeply moving and disturbing testimonies of eyewitnesses or parents, whose children blistered and bubbled to their deaths. Surely nobody can think atomic warfare is a good idea. 

And yet, as I wandered the park, I found a “but” forming in my mind. Not about the inarguable suffering of the inhabitants of Hiroshima and Nagasaki, but about the fact that the Japanese were also known for being the aggressors of ruthless cruelty, particularly in the Pacific theatre. For their call for peace to be truly effective, I needed ‘Japan the perpetrator of huge suffering’ to stand hand in hand with ‘Japan the victim’. But this admission of guilt is largely lacking. And maybe it is wrong of me to expect Japan to respond as honestly as Germany in this regard. After all, is it not just responding the same way as all countries… in fact, most perpetrators of crime… well actually, most of us as individuals when it comes to our own misdeeds?

Over the years there have been expressions of remorse, such as Prime Minister Shinzō Abe expressing “deep repentance” for Japan’s actions during World War II at a Joint Session of the United States Congress in 2015. But one could see this through a cynical lens, as a strategic move designed to emphasise Japan’s reconciliation and alliance with the USA: Two former enemies turned staunch allies become leaders in the promotion of free value and the rules of engagement in the international community. Meanwhile, Japanese textbooks focus on the suffering the Japanese public had to endure and gloss over Japan’s own devastating actions as an imperial power. Even when they do acknowledge them, it is again as a victim. They look at Japanese foot soldiers’ suffering in Burma, Thailand and Indonesia, ignoring the perspective of the countries colonised or attacked by Japanese forces, like China, Korea and South East Asia.

After my talks on Germany’s culture of apology and atonement, I am often told stories of parents who had fought in WW2 and been able to forgive the Germans… but not the Japanese. Germany was, of course, every bit as cruel albeit in a different way, but it has long held up its national hands in the most unconditional admission of culpability and display of penitence any nation has ever shown towards its own deeds. When people wonder why Japan hasn’t done the same, it could be argued that the answer lies in the reversal of the question: Why has Germany done so much? For Germany is utterly unique in this regard and Japan is merely following the tradition of all other nations around the world. 

The idea of national guilt and the potential need for a nation to apologise is a newish one. And, having been a staunch supporter of apology as a way to forge a new identity, I am actually questioning its importance as a gesture long after the event. True apology is deeply transformative, but when it comes to retrospectively apologising on behalf of a nation, can an apology by people who didn’t do anything to people to whom something wasn’t done have any real effect? So I think my question is now taking the shape of: How can a nation acknowledge its misdeeds and actively dismantle their negative legacy? This could be in relation to slavery, colonialism, war crimes, discrimination… By doing so, we open up the possibility of having dialogues that are less binary than the divisive, fact-based discourses about perpetrators and victims, right or wrong, good or bad etc. and rather focus on the experiences of individuals now; how they have been impacted and what would help them.

So, in answer to my opening question ‘Whose call to peace is stronger?’ I think I would answer, that of the former perpetrator. Because, in order to arrive there, they have had to pass though a deeper process of unflinching honesty, self-reflection, humility and genuine transformation.

For 27.1. – a Holocaust Memorial Day tribute to my audience last week

Nothing on the booking form or accompanying correspondence gave any clue as to who my audience would be on Thursday morning last week. I just turned up at Kenwood House on the edge of Hampstead Heath ready to give my German memorial talk to the monthly Arts Society. As we stood in the frosty sunshine waiting for the house to open, the Chair mentioned almost in passing, “This is North London, so most of our members are Jewish.

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‘Shot’ for what you represent

I had a funny experience the other day… not sure if I mean funny-ha-ha or funny as in quite strange. Or maybe it simply made something visible that usually remains disguised or hidden.

I had just arrived at the theatre where I was due to give my talk on German WW2 counter memorials. The woman, who had booked me on the recommendation of several other art societies, greeted me warmly, bought us each a coffee and sat down opposite me in the café.

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It’s time to remember… and this year even German footballers wore poppies

It’s Remembrance time. Red paper and enamel poppies are blooming on lapels all over the nation as people remember those who fought in conflict, and the huge sacrifices they made. Last night, the Festival of Remembrance at the Royal Albert Hall opened with a stunning rendition of “I vow to thee my country”. First, just three slow and quiet brass instruments; then violins joined in; then drums, voices, and finally the whole orchestra played, while flag- and oversized headwear-bearing members of the forces, marched into the hall in step with the music. We were only four minutes into the hundred-minute programme and the lump in my throat was already swollen and wobbling out of control. Gosh we do this so well.

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