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Źródło: https://www.bbc.com/culture/article/20260925-the-us-lawyer-who-put-nazis-on-trial-at-nuremberg

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'No one showed any sign of remorse': The heroic US lawyer who put Nazi death squad members on trial at Nuremberg

'No one showed any sign of remorse': The heroic US lawyer who put Nazi death squad members on trial at Nuremberg

On 29 September 1947, the "biggest murder trial in history" began. Seventy years onsiedemdziesiąt lat później, the chief prosecutorprokurator, Ben Ferencz, told the BBC how he fought to bring 22 killers to justicepostawić 22 zabójców przed sądem.

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"I wrote somewhere that I had peeredzajrzałem into hell – I think hell would be paradiseraj compared to what I saw."

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In 2017, Ben Ferencz told the BBC about witnessing harrowingwstrząsający scenes at the Buchenwald concentration campobóz koncentracyjny at the end of World War Two – an experience that led to his becomingdoprowadziło do tego, że został, aged 27, the youngest US prosecutorprokurator at the war crimeszbrodnie wojenne trials in Nuremberg.

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Warning: This article contains details of war crimeszbrodnie wojenne that some may find upsettingprzygnębiający.

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A Hungarian-Jewish New Yorker who signed upwstąpił do for the Army as soon as he graduated from Harvard Law School in 1943, Ferencz landed on the beaches at Normandy. Later, as a war crimeszbrodnie wojenne investigatorśledczy, he was one of the first US troops to enter the newly liberatedwyzwolone Nazi death campsobozy zagłady. He preferred not to discuss those memories, as he told Zeinab Badawi in 2017. "I don't like to talk about it much because I have difficulty controlling my own emotions."

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Yet even at the age of 97, he was able to recountopowiedzieć what he'd seen in detailszczegółowo. "I can describe it to you quite vividlywyraziście because the recollectionwspomnienie is very firm in my mind. But at the same time, you'll never understand what it was like because the rationalracjonalny human mind can't quite grasppojąć it." He remembered seeing bodies on the ground as he entered Buchenwald, and prisoners so emaciatedskrajnie wychudzony that they were "skeletons dressed in rags".

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When Ferencz returned to New York in 1945, the Pentagon (the headquarters of the US Department of Defence) asked if he could help with the trials taking place in Nuremberg. "The United States particularly felt that the International Military Tribunaltrybunał against Hermann Göring was just a camera shot of a small samplingpróbka; ograniczony wybór," he said.

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"And in order to really understand how a civilised country like Germany could commit and tolerate the type of atrocitiesokrucieństwa which were committed, you should understand the position of the doctors who performed medical experiments, the lawyers and judges who pervertedwypaczyli the law, the SS murderers, of course, who did the actual killings, the industrialistsprzemysłowcy who were working people to deathzajeżdżali ludzi na śmierć. All of these were specific groups."

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Ferencz was assigned to "take a sampling fromwybrać próbę z each of these groups" to help explain their actions. He flew to Berlin, where he and a team of about 50 researchers scouredprzeszukali dokładnie the Nazi archivesarchiwa for evidence of the crimes committed by Germans from all walks of lifez różnych środowisk. 

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Then his team made an unexpected discovery. "One of my researchers… came uponnatknął się na the daily reports from these special exterminationeksterminacja squadsoddziały whose job it was to kill, without pity or remorseskrucha, every single Jewish man, woman and child they could lay their hands ondostać w swoje ręce… and any other perceivedpostrzegani jako or suspectedpodejrzewani opponentsprzeciwnicy of the ReichRzesza."

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The researchers had found evidence of killings by what were called EinsatzgruppenEinsatzgruppen (niemieckie mobilne oddziały zagłady), or mobile death squadsmobilne oddziały śmierci that followed the German army as it occupiedokupowały countries. It was estimated that up to 3,000 German men had been members of the killing units, conductingprzeprowadzając mass shooting operationsoperacje masowych rozstrzeliwań in places including Poland and the Soviet Union. 

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Ferencz believed that Einsatzgruppen members should be put in the dockpostawić przed sądem at Nuremberg, each one charged with mass murderoskarżony o masowe morderstwo – but he soon hit a hurdlenapotkać przeszkodę. "No such trial had been planned. I flew down from Berlin to Nuremberg, talked to General Telford Taylor [the chief US prosecutorprokurator for the war crimes trials], and he said, 'We can't put on this trialzorganizować ten proces now because all the lawyers are already assigned. The trials are in process. The Pentagon hasn't approved it. I doubt if they will approve it.'"

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Ferencz was determinedzdeterminowany, however. "I said, 'I have here in my hand examples of mass murder on a scalena taką skalę never before seen in human history. You can't let these guys go.' [Taylor] said, 'Can you do it in addition tooprócz your other work?' And I said, 'Sure.' And I did… It was an accident that I was a chief prosecutorprokurator."

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He explained how he selected the accusedoskarżeni according to a set of criteriakryteriów. The first was that they had to be in captivityniewoli, since "if you've got the evidence and you haven't got the prisoner, you've got nothing". He didn't want to just prosecutepostawić przed sądem the foot soldiersszeregowi wykonawcy, though. "I picked those of the highest rankstopnia and then checked outsprawdził their background from their Nazi Party records, which we captured in Berlin. Those who had doctor degrees or were generals, they got prioritypierwszeństwo."

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Even then, he could prosecutepostawić przed sądem only a small fractionniewielka część of the perpetratorssprawcy. "Of the 3,000, all of whom were complicitwspółwinni in mass murder… I picked outwybrałem 22. Why not 28? Because we only had 22 seats in the dockna ławie oskarżonych. Is that absurdniedorzeczny? Of course it's absurdniedorzeczny. There were only 22 seats in the dockna ławie oskarżonych for Herman Göring and company. So you have a selection of a samplingdobór próby. That's all it is."

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He recognised the trial's limitationsograniczenia at the time. "I never anticipatedprzewidywał or tried to do justice in the broad sensew szerokim znaczeniu of holding every criminal accountableodpowiedzialny. It would have been a practical impossibilityniemożliwość."

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Ferencz was careful when selecting each man to ensure that his team had proof beyond any doubtponad wszelką wątpliwość of the defendant's guilt. "I had his report, top secret, to his commanders, saying how many people [he'd] executedstracił na mocy wyroku." Although he acknowledgedprzyznał the reports might not have been entirely accurate – "they exaggeratedwyolbrzymili the body countliczba zabitych" – he said that the defence that the men were just following their superiorsprzełożeni' orders was "baloneybzdura", because they'd followed orders "with such enthusiasmzapał, they wanted to bragchełpić się about how many they killed". 

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All of the defendants pleaded not guiltynie przyznali się do winy, said Ferencz. "No one ever showed any sign of remorseskrucha whatsoeverw ogóle; jakikolwiek… These men wrote the darkest page in human historyzapisali najczarniejszą kartę w historii ludzkości. People were murdered because they didn't share the race, the colour, and the ideologyideologia of their executionersoprawcy. I appealed forzaapelował o a rule of lawzasada praworządności which would, in future, protect people from that type of atrocityokrucieństwo; zbrodnia."

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The Associated Press called it "the biggest murder trial in history". The court found 20 Nazi officials guilty of war crimeszbrodnie wojenne for their roles in the murder of over one million people. An additional two defendantsoskarżeni were found guilty of membership of a criminal organisationczłonkostwo w organizacji przestępczej, but acquitteduniewinnieni on charges of war crimeszbrodnie wojenne and crimes against humanityzbrodnie przeciwko ludzkości.

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Ferencz recalled his court statement in the BBC interview: "We here discloseujawnić murder of over a million innocent and defenceless men, women, and children. Vengeancezemsta is not our goal. Nor do we seek merely a just retributionkara; odpłata. We ask this court to affirmpotwierdzić; uznać by international penalkarny action man's right to live in peace and dignity, regardless ofbez względu na his race or creedwyznanie; przekonania religijne. The case we present is a pleaapel; gorąca prośba of humanity to law."

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He later became a leading voiceczołowy autorytet in the field of war crimes, instrumentalmający kluczowe znaczenie in the setting uptworzenie of the International Criminal Court in 1998. When asked in 2017 what he had learnt about the nature of evil, and the human capacityzdolność to commit unspeakableniewyobrażalne acts of violence against other humans, he said: "I learned that war makes murderers, mass murderers out of otherwise decentprzyzwoity people. And it applies to all wars and all nationalities, and I've seen it in all the wars."

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Even the most heinousodrażające war crimes are not committed by "wild animals", he stressed. "These are patriotspatrioci who are trying to do their duty to protect either their religion or their nationality or their economic security… These are not crimes committed by devils with hornsdiabły z rogami. These are committed by educated, well-intentionedmający dobre intencje, patrioticpatriotyczni people."

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Ferencz believed that it was up to all of usto od nas wszystkich zależało to "change the hearts and minds of peoplezmienić serca i umysły ludzi so that they recognise that it's not cowardicetchórzostwo to be ready to compromisepójść na kompromis and to be conciliatoryugodowy and be compassionatewspółczujący in your dealing with people who have other points of view".

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He admitted that this "re-educationponowne kształtowanie of the human spiritludzki duch" would be a long and difficult job. But progress had been made since Nuremberg. "And I say, don't give uppoddawać się. Law is always better than war."

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