Fools, Cowards, or Criminals?

The Memory of Justice

a documentary film directed by Marcel Ophuls, restored by the Academy Film Archive in association with Paramount Pictures and the Film Foundation
available on HBO
AFP/Getty Images
Nazi leaders accused of war crimes during World War II standing to hear the verdict in their trial, Nuremburg, October 2, 1946. Albert Speer is third from right in the back row of defendants; Karl Dönitz is at the far left of the same row.

1.

The main Nuremberg war crimes trials began in November 1945 and continued until October 1946. Rebecca West, who reported on the painfully slow proceedings for The New Yorker, described the courtroom as a “citadel of boredom.” But there were moments of drama: Hermann Göring under cross-examination running rings around the chief US prosecutor Robert H. Jackson, for example. Jackson’s opening statement, however, provided the trial’s most famous words:

We must never forget that the record on which we judge these defendants today is the record on which history will judge us tomorrow. To pass these defendants a poisoned chalice is to put it to our own lips as well. We must summon such detachment and intellectual integrity to our task that this Trial will commend itself to posterity as fulfilling humanity’s aspirations to do justice.

How well humanity lived up to these words, after a good number of bloody conflicts involving some of the same powers that sat in judgment on the Nazi leaders, is the subject of The Memory of Justice, the four-and-a-half-hour documentary that has rarely been seen since 1976 but is considered by its director, Marcel Ophuls, to be his best—even better, perhaps, than his more famous The Sorrow and the Pity (1969), about the Nazi occupation of France, the Vichy government, and the French Resistance.

Near the beginning of The Memory of Justice, the violinist Yehudi Menuhin declares that the barbarism of Nazi Germany can only be seen as a universal moral catastrophe: “I proceed from the assumption that every human being is guilty.” The fact that it happened in Germany, he says, doesn’t mean that it cannot happen elsewhere. This statement comes just after we have seen the Nazi leaders, one after the other, declare their innocence in the Nuremberg courtroom.

We also hear a former French paratrooper recall how the French in Algeria systematically tortured and murdered men, women, and children. There are gruesome images of the Vietnam War. And Telford Taylor, US counsel for the prosecution at Nuremberg, wonders how any of us would cope with the “degeneration of standards under pressures.” Later in the film, Taylor says that his views on Americans and American history have changed more than his views on the Germans whom he once judged.

Such juxtapositions are enough to send some people into a fury. The art critic Harold Rosenberg accused Ophuls in these pages of being “lured…into a near-nihilistic bog in which no one is guilty, because all are guilty and there is no one who is morally qualified to judge.”1 Ophuls, according to…


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