- há 3 meses
Categoria
📚
AprendizadoTranscrição
00:00In 1945, after the defeat of the Germans and the euphoria of liberation, the crimes of the Third Reich were made public for the world to see.
00:13The Allies were on the verge of revealing a stream of monstrous war crimes in a series of unprecedented trials.
00:21The youngest prosecutor in charge of judging Nazi criminals in Nuremberg was Benjamin Ferencz.
00:27This New York Jew and talented legal expert had already become a specialist in war crimes despite his 28 years of age.
00:34A tireless fighter for peace, he was to devote his whole life to international justice.
00:40The Nuremberg war crimes trials.
00:49My name is Benjamin Ferencz, which is a good Hungarian name because I came from what was Hungary and Romania.
00:57I came to the United States as an infant.
01:06Was educated in New York.
01:09Graduated from Harvard Law School.
01:11And immediately went into the U.S. Army, where I served for three years in every campaign from the beaches of Normandy to the final Battle of the Bulge.
01:26I was immediately recruited to go to Nuremberg.
01:33And it was in that capacity that I got to know the mass murderers and the Einsatzgruppen and their activities.
01:41Benjamin Ferencz was the architect of the International Criminal Court created in 2002.
01:59I met him for the first time in 2008 at his house in New Rochelle near New York.
02:03I had made a film about the Einsatzgruppen, the mobile death squads, the SS and the police, whose mission it was to eliminate all potential enemies of the Reich following systematic German invasions.
02:24When he started working under the supervision of the Attorney General of the International Military Tribunal, Telford Taylor,
02:30Ferencz's first mission was to collect evidence of Nazi war crimes.
02:37I would go into the camp area and total chaos.
02:43Inmates are running around. Most of them looked like they were dead or dying.
02:47Dysentery, cholera in the camps, lice, vermin, smell.
02:55The SS is trying to run out into the woods.
02:57People are being killed.
03:00The inmates are killing the guards if they caught them.
03:03Sometimes burning them alive in the crematorium.
03:07And I saw that.
03:09And I would head for the Schreibstuber, the office, try to grab the documentation.
03:14Who was in the camp? What transports had arrived from where, when?
03:16Who were the officers in charge of that camp?
03:19Try to get some witnesses' testimony.
03:22And with that information, I would go back to headquarters and put it all together into a file which alleged that in this and this camp located this and this place, so many inmates were there, so many were killed, so many died.
03:36That finished the work on that camp as far as I was concerned, I would move on to the next camp as quickly as possible.
03:43As quickly as possible.
03:44As quickly as possible.
03:50As quickly as possible.
03:51As quickly as possible.
03:52As quickly as possible.
03:53As quickly as possible.
03:55As quickly as possible.
03:56As quickly as possible.
03:57So I went to Berlin and there I set up an office of about fifty people to go through all the Nazi archives.
04:15para ir para todos os arquivos de nazis,
04:18o Ministério do Ministério do Gestapo,
04:20o S.S., etc.,
04:21para buscar evidências contra pessoas que nós tínhamos em custódia.
04:25Um dos meus pesquisadores
04:27veio após a light ordem,
04:30as folhas,
04:31de Arragnismeldung aus der UdSSR,
04:35que significa, em inglês,
04:37top secret reports
04:39de atividades na fronte.
04:42These were the reports of the Einsatzgruppen.
04:45And that's the first knowledge I had
04:48of the Einsatzgruppen.
04:50I took some samples.
04:52I flew down to Nuremberg,
04:54from Berlin.
04:55I have personally calculated on my adding machine
04:58how many people they had killed in each town.
05:01When I reached a million on my little hand-adding machine,
05:04I said, that's enough.
05:06I went down to Taylor and I said,
05:08we've got to put these men on trial.
05:10He said, we haven't planned it.
05:12It hasn't been part of our program.
05:13We don't have budget.
05:14We don't have staff.
05:16I said, this is an easy case.
05:18We've got all of the evidence in my hands here.
05:22And he said, can you do it in addition to your other work?
05:25And I said, sure.
05:26And he said, okay, you're it.
05:28So I became thereby, by default,
05:31the chief prosecutor in what was certainly
05:33the biggest murder trial in human history.
05:36In August 1941,
05:40the Einsatzgruppen, along with local and German forces,
05:44such as the Totenkopf units and the Das Reich divisions,
05:47started predominantly targeting the Jewish populations
05:50of Eastern Europe.
05:54More than one million men, women, and children
05:56were murdered this way in the former USSR
05:58in large shootings in gas chambers.
06:10The Einsatzgruppen trial began on the 3rd of July 1947.
06:14It was the ninth of the 12 trials held in Nuremberg
06:18by the International Military Tribunal.
06:23These men, who were among the leading intellectuals
06:26of the Third Reich, executed up to 100,000 people each.
06:30Benjamin Ferencz had to select those found in the dock
06:34among thousands of criminals.
06:36I selected on two basic criteria.
06:43One, their rank.
06:45The higher the rank, the more likely he was going to be tried,
06:49because I believed then and believe now.
06:51Responsibility starts at the top.
06:53The next thing I looked for was their education.
06:57Most of them had doctor degrees.
07:00Many of them were lawyers.
07:02Some of them, one of them in particular, had two doctor degrees.
07:06Dr. Dr. Rush.
07:09I had never met a doctor doctor before.
07:13I thought somebody was stuttering when they introduced
07:16the idea of a doctor doctor.
07:19He is the man who was immediately responsible
07:23at the graves, at the action site,
07:27of murdering in cold blood 33,771 Jews, men, women, and children,
07:34on 29 30 September 1941,
07:37which happened to be the Jewish High Holidays.
07:40This is based upon his report.
07:42The place got to be known later as Babi Yar,
07:46a ravine outside of Kiev.
07:49I had a special affection to put him on trial.
07:54Among the evidence of the prosecution examined in Nuremberg,
07:59the only trace of footage of the massacres perpetrated by the Ansatzgruppen
08:03was an execution of men in Latvia filmed by a German soldier in 1941.
08:24The trial of the Ansatzgruppen judged 22 chief commandos,
08:48only 22 men out of 3,000 mass murderers.
08:52And the reason it was limited for 22 was we didn't have any more seats in the courtroom.
08:58Now, that is ridiculous.
09:01But it's very important to recognize that Nuremberg was only a sampling.
09:07It was never intended to be, and could never be,
09:10a trial of all those criminals who should have been punished
09:14and would have been punished had they individually been tried.
09:18because the United States couldn't stay in Germany forever.
09:22We had about 10 million Nazi Party files that we captured.
09:25We just selected a few sample cases to prove to the world beyond doubt what had happened
09:32and to hold accountable a few of the leaders who were responsible for those crimes.
09:37We are now ready to hear the presentation by the prosecution.
09:46Vengeance is not our goal, nor do we seek merely a just retribution.
09:52We ask this court to affirm by international penal action man's right to live in peace and dignity,
10:06regardless of his race or creed.
10:09So here, the killing of defenseless civilians during a war may be a war crime.
10:16But the same killings are part of another crime, a graver one, if you will, genocide.
10:23Genocide was a word coined by Rafael Lemkin, whom I knew.
10:28He was a Polish lawyer who had fled. His entire family had been murdered.
10:32And he said there must be a special name for that.
10:35They didn't even know my family.
10:37They killed them because of their race, because they were Jews.
10:40There should be a special name for it.
10:43And it may be the first time that word was used in any opening statement, I think it was.
10:51The defendant will stand and speak clearly into the microphone.
10:57Regarding the indictment, do you plead guilty or not guilty?
11:04So you plead not guilty?
11:14The biggest disappointment I had in Nuremberg altogether was the absence of any expression of remorse.
11:21No one ever said I'm sorry.
11:23Not one said I would apologize to anybody.
11:26They did what they did because they thought it was right.
11:29And they thought it was right because their Führer said they do have to do this in defense of their country.
11:37The best explanation for the justification for what they did was given by Otto Allendorf.
11:42Where did the group D operate?
11:58The group D operated in the southern Ukraine.
12:07General Allendorf killed 90,000 Jews in Einsatzgruppe D.
12:13He explained why he did this.
12:17And it's important to know the mentality of mass murderers.
12:22And he said we knew that Soviet Union intended to attack us.
12:28And therefore we had to attack them first to preempt an attack against us.
12:33And why did you kill all the Jews?
12:36Well, everybody knows the Jews were sympathetic to the Bolsheviks.
12:40And so you had to kill them too.
12:43And why did you kill all the children?
12:46Well, if we eliminated the parents, the children would grow up and they would be enemies of the Reich as well.
12:53So we were interested in the long-term security of our country.
13:00And therefore we had to kill the children too.
13:04As if to say it's perfectly logical to kill thousands of little children.
13:09So this was the justification offered.
13:12A preemptive attack against another country.
13:16What would the world look like if everybody, every country could say,
13:20I fear that we're going to be attacked by another country, therefore we attack them first.
13:24And kill all potential enemies now or in the future.
13:27What would our world look like?
13:29It would be total chaos.
13:31And bloody chaos too.
13:33And so these were, these defenses were rejected.
13:37And Olendorf, as well as 12 others, were sentenced to death by hanging.
13:41Good afternoon.
13:42Hello, Michael Baszler.
13:43I am sitting here now.
13:44At the moment I'm being filmed by a camera crew, which is doing a, some kind of a TV documentary.
14:01A few years after our first meeting, I met Benjamin Ferencz at his retirement home in Florida.
14:06It was June 6, 2014, the 70th anniversary of the Normandy landings in which he had taken part as a private soldier.
14:16A guy, a professor in California, Polish refugee, parents in the Holocaust.
14:24He congratulates me on D-Day.
14:26They think I did it all by myself.
14:28I didn't, I only did most of it by myself.
14:30Even at 95, his wit and liveliness were just as they always were, and his fierce determination not a day older.
14:41We discussed the events that had shaped his path, and that had led him to the world of international justice.
14:49In 1948, after Benjamin Ferencz had contributed to the sentencing of Nazi criminals in Nuremberg, he decided to stay a few more years in Germany to help the survivors and their families.
15:04The leading American Jewish welfare distribution committee, Joint, had entrusted Ferencz with an almost impossible mission, to devise an economic and legal system that would enable a defeated and bankrupt Germany to pay compensation to the victims of the genocide.
15:24Even before tackling the issue of funding, the very definition of financial compensation was yet to be established.
15:34What do you ask for human life? And how do you measure? Is grandma worth less than grandpa? You know?
15:42These were important questions which we had to resolve.
15:46And we decided as far as life was concerned, we do not put a value on any human life.
15:51We ask for nothing for human life. We ask only for compensation for loss of injury.
15:59He couldn't carry out his job, or while he was a supporter for a family, the father was killed.
16:04The children needed support, so much money we could figure something out like an insurance claim.
16:11In partnership with the German, Israeli and American authorities, Benjamin Ferencz developed a complex system of loan financing
16:18so that allowances could be paid to the families of the victims.
16:25The amounts to each individual claimant were relatively small, and they always thought it was not enough, and they were probably right, undoubtedly right.
16:33But in the total picture, to be able to squeeze that out of a country which was destitute, which had nothing, that required creative imagination and creative lawyering.
16:44And I was right in the heart of that. It was teamwork, but I was right in the middle of that work.
16:50In 1956, after 11 years in Germany, Benjamin Ferencz finally returned home to New York, having fulfilled his mission.
17:07Given his military and legal exploits, he thought he would quickly find a job as a lawyer in a prestigious law firm.
17:14I first went to the big law firms, Harvard graduate, big prosecutor from Nuremberg, and they said,
17:23if I have to prosecute war criminals, I'll call you. And that was it.
17:28And Telford Taylor had similar experience. We became partners then. We joined up and we had the same law firm.
17:34It wasn't very satisfactory, and what I didn't like about the practice in New York was it was thoroughly corrupt, from top to bottom.
17:40The police were corrupt. The judges were corrupt. And when I was about 50 years age, I decided I had a little incident.
17:53While on holiday in Puerto Rico with his family, Ferencz suffered a heart attack, an event that made him realize change was the only way forward.
18:00From then on, he devoted himself to one thing, to continue the work he began more than 25 years ago in Nuremberg.
18:10Maybe it was the awareness that I could be mortal. I didn't realize then I was really immortal.
18:17But I said, I'm going to change. I'm going to give it up. I'm going to give up the practice of law.
18:22And I'm going to devote myself to trying to prevent war.
18:29And that was the Vietnam War was on. And the world was in turmoil. The United States was in turmoil.
18:36The kids were rioting in the streets, saying, hell no, we won't go.
18:52Hell no, we won't go! Hell no, we won't go! Hell no, we won't go! Hell no, we won't go! Hell no, we won't go! Hell no, we are!
19:04I could see the turmoil and feel the turmoil. And I wanted to try to do it. I could, to stop it.
19:10So I decided I was going to do that.
19:13Some say, stop the world. I want to get off. I said, no, I want to change it.
19:16O 16 de março de 1968, durante a batalha de Tete,
19:24os americanos raíram Milai,
19:26uma cidade que era supostamente a casa de norte-vietnamese.
19:30Entre 300 e 500 civis, homens, mulheres e filhos,
19:34foram executados e a cidade foi deslizada.
19:37For Ferenc, a revelação de esse crime de guerra traz o memória de os mortos de 1937.
19:51Em relação com a holocaust, foi um evento tão horrível que todo mundo foi chocado
19:57e disse, nunca mais, nunca mais, mas de novo e novo.
20:03Porque eles não construíam as instituições que precisamos,
20:07para ter um mundo mais humilde e um mundo mais humilde.
20:13O que foi a ideia de criar um tribunal inspirado pelo Nuremberg,
20:18sob o agus da União Europeia.
20:20O que seria responsável por julgando war crimes, crimes contra a humanidade e crimes de genocídio.
20:28Então, eu fui para a União Europeia,
20:30eu fui para um grupo de jovens, que estavam felizes para um grupo de jovens,
20:33que estavam felizes para ter meu nome,
20:35e eu fui para todos os meetings,
20:37eu fui para os livros,
20:38então eu estava viajando para visitar os officeses,
20:41e eu estava estudando em os livros,
20:43em Heidelberg, em Geneva, em New York,
20:48no U.N.
20:49E aí eu comece a escrever notebooks,
20:51e eram books, e eram publicados,
20:53e eles foram fechados,
20:55e eles foram fechados,
20:55e muito bem,
20:57eu tive uma ideia de como você run o mundo,
21:00e o que vai acontecer no U.N.
21:02E eu tive uma grande vantagem.
21:04Ninguém podia me fire,
21:05porque ninguém me hireia.
21:06Ninguém podia me fire,
21:07eu tive uma grande vantagem.
21:09E aí eu fui para o fim de 50 anos de fervent militância,
21:13Benjamin Ferenc took a stand
21:14against all forms of crimes of aggression
21:16e tirelessly advocated
21:18the creation of international tribunais.
21:22Em early 1990s,
21:24a disclosure of the crimes
21:25committed in the former Yugoslavia
21:27by Slobodan Milozevic Serb militias
21:29shocked the worldwide community.
21:31The widely publicized massacre of Srebrenica
21:55triggered a worldwide demand
21:57for bringing crimes against humanity to justice.
21:59How do you set up a court?
22:04The United Nations sent it
22:05to the legal division.
22:06The legal division said
22:07we have to set up a court.
22:09Does anybody know anything
22:10about setting up a court?
22:11And a hand went up
22:12and there was a young lady there
22:15and she said,
22:17I know about a court.
22:19And she had purchased
22:22my two volumes
22:23on international criminal court,
22:26which had all the documents in it.
22:28And in 30 days,
22:29they had a statute ready for a court.
22:31They'd just copy some of the things in a book
22:33and make little modifications.
22:37The International Criminal Tribunal
22:39for the former Yugoslavia,
22:41set up in the AG,
22:42in 1993,
22:43dispatched its investigators
22:45to gather evidence of the massacres.
22:48Among the 161 people
22:50prosecuted for war crimes
22:52and crimes against humanity,
22:53a former president was,
22:55for the first time,
22:56at the top of the list
22:57of the accused.
22:58However,
22:59Milošević was never
23:00to be condemned.
23:01He died of a heart attack
23:03only five years
23:03after his trial began.
23:06In 1994,
23:08a second international criminal court
23:10was created
23:10by the UN Security Council.
23:12It brought to trial
23:15the Rwandan leaders
23:16responsible for the genocide
23:18of the Tutsis
23:18perpetrated by the military
23:20and Hutu militias.
23:22Over three months
23:23of daily massacres,
23:25one million people
23:25lost their lives.
23:26But these special courts
23:32were insufficient
23:33and as Ferenc still maintained,
23:36only a permanent
23:37international criminal court
23:38could resolve conflicts
23:40before they took place,
23:41avoiding massacres
23:43before they are committed.
23:44It would no longer be a question
23:46of judging war crimes,
23:48but of preventing war.
23:49As long as they are
23:53the only two people
23:54who can decide
23:56whether it's right or wrong,
23:57you can be sure
23:58there'll never be peace
23:59because each one says
24:01he's right
24:01and the other one says
24:02he's right
24:02and there they go.
24:04And the answer logically is
24:05you find a third party
24:06who is neutral
24:08and who is trained
24:09and qualified
24:10and fair
24:10and he will settle
24:12or she
24:12will settle
24:13the dispute.
24:15That's what a court
24:16is for.
24:16That's what a court means.
24:18and a standard
24:20permanent court
24:21is a logical
24:22governmental necessity,
24:25particularly
24:26in international disputes.
24:32June 15, 1998, Rome.
24:36The project of an international
24:38and permanent criminal court
24:39was brought forth
24:40to the table of representatives
24:42at the United Nations.
24:44The signatures
24:44of 60 countries
24:45were required
24:46for the creation
24:47of the international criminal court.
24:50Benjamin Forenz
24:51delivered a speech
24:52at the opening
24:52of the conference.
24:53So we had
24:54this debate going on,
24:56committee rooms
24:57in different places
24:58meeting about
24:59paragraph 127
25:00and paragraph 21
25:02and the wording of this
25:03and the wording of that
25:04and we finally
25:05come to the end
25:06after about five weeks
25:08of plenipotentiaries
25:11which mean
25:11they had authority
25:12to settle.
25:16The Americans
25:16say we don't want
25:17to have a vote
25:19we're just by
25:20a show of hands.
25:21They didn't want
25:22to stick out too much
25:23and they vote
25:25by a show of hands
25:26and then they announce
25:27I think it was
25:28seven against.
25:30overwhelming majority
25:40burst into loud applause
25:42and everybody
25:43is cheering
25:44me too
25:45and they're crying
25:46and oh
25:47it was a great day.
25:48As the United States
25:59works to bring peace
26:00around the world
26:00our diplomats
26:02and or soldiers
26:02could be drug
26:03into this court
26:04and that's
26:05a very troubling
26:06very troubling to me.
26:10In 2002
26:11George W. Bush
26:13refused to ratify
26:14the Treaty of Rome
26:15signed four years earlier
26:17by his predecessor
26:18Bill Clinton.
26:19The Republican majority
26:21feared the legal
26:21consequences
26:22of the war in Iraq
26:23following the attacks
26:24of 9-11.
26:27By the time
26:28we got
26:29to World War II
26:31with 100 million
26:33people maybe
26:34you know
26:34killed
26:35we don't know
26:36the exact number
26:37we never know
26:38but millions
26:39of people
26:40just killed
26:41recognition
26:43you have to do
26:44something
26:45and you have to
26:46declare this
26:46to be a supreme
26:47crime.
26:48you must try
26:49to use
26:49the rule
26:50of law
26:50which controls
26:51human behavior
26:52everywhere
26:53in every city
26:54and every town
26:55also to control
26:56the world.
26:57It has to be
26:58an international
26:58criminal court
26:59and even there
27:00you had the allies
27:02who were trying
27:02to defeat it.
27:03There were long
27:04objections to that.
27:05so it's been a gradual
27:07evolutionary process
27:08heading in the right
27:10direction
27:10of creating
27:12and we now have it
27:13the international
27:14criminal court
27:15and people told me
27:17from the beginning
27:18when I began working
27:19on that
27:20at least 40 or 50
27:21years ago
27:22it'll never happen.
27:25You're on a fool's errand.
27:27I said I'll try.
27:29International criminal court
27:30is now in session.
27:31Despite opposition
27:35from the United States
27:36the international
27:37criminal court
27:38was created
27:39on the 1st of July
27:402002.
27:41The first trial
27:42of the ICC
27:43which began
27:44on the 26th of January
27:462009
27:47in the AG
27:48summoned Congolese
27:49warlord
27:50Tomal Lubanga
27:51to appear
27:52before the court.
27:53The former
27:54defense minister
27:55of the Democratic
27:56Republic of Congo
27:57had formed
27:58battalions
27:59of child soldiers
28:00during the Civil War
28:01of 2002.
28:03At the trial's end
28:04and after a year
28:05of debating
28:05Benjamin Ferenc
28:07took charge
28:07of the indictment
28:08against Lubanga.
28:10Mr. Ferenc?
28:15May it please
28:16your honors
28:17this is a historic
28:21moment
28:21in the evolution
28:23of international
28:24criminal law.
28:27I am now
28:28in my 92nd year
28:29having spent
28:31a lifetime
28:32striving
28:33for a more
28:35humane world
28:36governed
28:37by the rule
28:37of law.
28:39What makes
28:41this court
28:41so distinctive
28:43is its primary
28:45goal
28:46to deter
28:47crimes
28:48before they
28:49take place
28:50by letting
28:51wrongdoers
28:52know in advance
28:53that they
28:54will be called
28:55to account
28:56by an
28:57impartial
28:58international
28:59criminal court.
29:01On the 14th
29:02of March
29:032012
29:04the ICC
29:05convicted Lubanga
29:06of a war crime
29:07and sentenced
29:08him to 14
29:09years imprisonment.
29:10that Mr. Thomas
29:11Lubanga
29:11D'Ailo
29:12is guilty
29:12of the crimes
29:13of the
29:14crimes.
29:19Despite its
29:20success
29:21international
29:21justice
29:22is still
29:23in its
29:23infancy.
29:25For
29:25Benjamin
29:25Ferenc
29:26its role
29:27is to
29:27judge
29:28mass crimes
29:29but above
29:29all
29:30it's to
29:30prevent
29:31them
29:31from ever
29:31occurring.
29:33Justice
29:33can do
29:34little
29:34without a
29:35radical
29:35change
29:36in
29:36mentality.
29:36War
29:38making
29:39is the
29:39supreme
29:40international
29:40crime.
29:42Bearing
29:42in mind
29:43that war
29:44has been
29:45glorified
29:46since time
29:47immemorial.
29:49I have
29:50read the
29:50history of
29:51the Peloponnesian
29:52Wars 2,000
29:53years before
29:54Christ
29:54and war
29:57was the
29:57way to
29:58conquest,
29:59to glory,
30:00to power.
30:01This was a
30:02sign of
30:02greatness
30:03and that
30:04has existed
30:04for thousands
30:05of years.
30:06so
30:07we've
30:08got to
30:08reverse
30:09all that
30:09tradition.
30:11Now
30:11I'm
30:12devoting
30:12all of
30:12my
30:13efforts
30:13in
30:14that
30:14direction.
30:18There
30:19are more
30:19international
30:20courts
30:20functioning
30:21as we
30:22sit
30:22here
30:22than I
30:23could
30:23probably
30:24mention.
30:25International
30:25Criminal
30:26Court
30:26in
30:26The
30:26Hague,
30:27the
30:28temporary
30:28courts
30:29set up
30:29by the
30:29Security
30:30Council,
30:31courts
30:31Liberia,
30:32we have
30:33courts
30:33in other
30:35countries.
30:35It's
30:36beginning
30:36to
30:37roll
30:37like a
30:37snowball.
30:38Didn't
30:39exist
30:39before,
30:39would have
30:40considered
30:40impossible.
30:42It's
30:43happening,
30:44and it's
30:44happening
30:45slowly,
30:46and there's
30:46no reason
30:46to be
30:47discouraged,
30:47on the
30:48contrary.
30:49So that's
30:50the story
30:50of how
30:51one little
30:51guy from
30:52Transylvania
30:52sets out
30:53to change
30:54the world.
30:56Simple.
30:56will
31:10190
31:10years
31:10old
31:11between
31:11us.
31:13All right,
31:14come on,
31:14give me a
31:14kiss.
31:16My
31:17favorite
31:17husband.
31:19Very
31:19reassuring.
31:20thing.
Seja a primeira pessoa a comentar