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Ben Ferencz called his case a plea of humanity to law

Opening his Nuremberg case in 1947, Ben Ferencz said vengeance was not the goal: the case was a plea of humanity to law, a theme that guided the rest of his life.

Benjamin Ferencz
Benjamin Ferencz · 1920–2023
Person
Benjamin Ferencz
Lived
1920–2023
Field
International law
From
American

The story

In the spring of 1946 researchers working for Benjamin Ferencz found secret reports in a Foreign Office building in Berlin. Written day by day, they recorded the mass shootings carried out by the Einsatzgruppen, SS mobile killing units that operated behind the German lines in Eastern Europe. Tallying the figures on a small adding machine, Ferencz counted more than a million men, women and children killed because they were Jews, Roma or other perceived enemies of the Reich. He persuaded his chief, Telford Taylor, to hold a new trial, and at 27 he was named its chief prosecutor.

The trial opened at the Palace of Justice in Nuremberg in late September 1947. Twenty-two defendants sat in the dock, accused of the murder of more than a million people. Ferencz rose to give the prosecution's opening statement. He began by saying it was with sorrow and with hope that the prosecution would disclose the deliberate murder of more than a million people. The sorrow, he later explained, was for the victims; the hope was that such crimes could be prevented in future.

He told the court that vengeance was not the goal, nor merely a just retribution. The victims had been killed solely because they did not share the race or ideology of their killers. He asked the judges to affirm the legal right of all human beings to live in peace and dignity regardless of race or creed. The case, he said, was a plea of humanity to law. He ended his statement by warning that if these men were immune, law would lose its meaning and people would have to live in fear.

Ferencz relied on the killers' own reports rather than calling witnesses, and he rested the prosecution's case in two days. All of the defendants were convicted. The trial also marked the first use of the term genocide in a legal context, by both the prosecution and the judges.

Ferencz wrote that the theme of his opening, using international law to protect the most fundamental rights of people everywhere, guided him throughout his life. He believed the trial could never balance the scales for a million victims, but it could establish a principle: that no one can treat human beings that way and get away with it. His phrase about humanity and law is still quoted by those working for international justice.

Why it matters

Ferencz's words became a touchstone for international justice, framing war crimes trials as protection for humanity rather than revenge.

About Benjamin Ferencz

At 27, in his first case, chief prosecutor of the Einsatzgruppen trial at Nuremberg; he spent the rest of his 103 years campaigning for an International Criminal Court.

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Benjamin Ferencz
1920–2023 · International law
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Sources

Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

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