Teaching the Holocaust and other Genocides

Benjamin Ferencz

Early Life and Background

Benjamin Ferencz was born in 1920 to Jewish parents in a region of Europe that includes Hungary and Romania. When he was an infant, his family moved to New York City to escape the persecution of Jews throughout his homeland. Ferencz, who came from a Yiddish-speaking household, recalled having trouble in school —at least at first—as he did not learn English until he was eight years old. His eighth-grade teacher recognized his talents, however, referring to Ferencz as “gifted.” This teacher helped Ferencz enroll at the specialized Townsend Harris High School where he completed a college-level curriculum, guaranteeing him admission to the City College of New York. Upon graduating from college, Ferencz was admitted to Harvard Law School and awarded a full scholarship based on his scores on his criminal law exam.

Ferencz graduated from Harvard in 1943 as World War II was in full force. Eager to support the war effort, Ferencz applied to the Air Force, but was rejected. He instead joined the army, ultimately receiving five battle stars upon concluding his service, which included his involvement in the Normandy landings and the Battle of the Bulge. Towards the end of the war, Ferencz served in General George S. Patton’s war crime unit; his work involved traveling to various concentration camps and gathering evidence of Nazi crimes just as the camps were liberated. Ferencz was discharged from the Judge Advocate’s Division as a sergeant in December 1945, but within weeks, he was asked to return to Germany to serve as an investigator for the Office of the U.S. Chief of Counsel for War Crimes. He promptly accepted, married his girlfriend Gertrude, and they flew to Germany together.

Ferencz, Age 7

Ferencz, 1943 Army Portrait

Role in the Nuremberg Trials

Unlike the initial trial at Nuremberg, which the International Military Tribunal conducted, the United States assumed the sole responsibility of subsequent trials. Ferencz’s research at Harvard, combined with his investigative work while in the army, established him as an expert on war crimes. He traveled to numerous camps, beginning with Buchenwald, seizing every document he could find. The evidence he uncovered primarily focused on the Einsatzgruppen, the Nazi death squads responsible for mass killings of Jews, Romas, Soviets, and others. (“Einsatz” is a German word for “action,” and “gruppe” means “group”). Telford Taylor, Chief Counsel for the subsequent Nuremberg trials, intended that Ferencz’s findings be used to help solidify the cases that were already in development. However, the documents that Ferencz and his team of 50 investigators found contained detailed, day-to-day accounts clearly outlining the process by which the Einsatzgruppen murdered approximately one million people. Ferencz argued that this evidence was sufficient to conduct a trial specifically for the Einsatzgruppen. When Taylor told him that there wasn’t enough money or resources to conduct the trial, Ferencz offered to personally handle the case. Taylor appointed Ferencz Chief Prosecutor in the Einsatzgruppen Trial, which became the ninth subsequent Nuremberg Trial.

In July 1947, the court indicted 24 members of the Einsatzgruppen with the following charges:

Crimes against humanity
War crimes
Membership of organizations declared criminal by the International Military Tribunal

The defendants were arraigned in September 1947. The trial ran from September 29, 1947 to February 12, 1948 and was held in the same rooms as the International Military Tribunal. It was the first time Ferencz had ever tried a case, yet he presented his entire case in just two court sessions. Here are some excerpts from his opening statement:

Ferencz presents evidence at Einsatzgruppen Trial in Nuremberg

May it please your Honors: It is with sorrow and with hope that we here disclose the deliberate slaughter of more than a million innocent and defenseless men, women, and children. This was the tragic fulfillment of a program of intolerance and arrogance. Vengeance is not our goal, nor do we seek merely a just retribution. We ask this Court to affirm by international penal action, man's right to live in peace and dignity regardless of his race or creed. The case we present is a plea of humanity to law.

We shall establish beyond the realm of doubt facts which, before the dark decade of the Third Reich, would have seemed incredible. The defendants were commanders and officers of special SS groups known as Einsatzgruppen – established for the specific purpose of massacring human beings because they were Jews, or because they were for some other reason regarded as inferior peoples. Each of the defendants in the dock held a position of responsibility or command in an extermination unit. Each assumed the right to decide the fate of men, and death was the intended result of his power and contempt. Their own reports will show that the slaughter committed by these defendants was dictated, not by military necessity, but by that supreme perversion of thought, the Nazi theory of the master race. We shall show that these deeds of men in uniform were the methodical execution of long-range plans to destroy ethnic, national, political, and religious groups which stood condemned in the Nazi mind. Genocide, the extermination of whole categories of human beings, was a foremost instrument of the Nazi doctrine. Even before the war the concentration camps within the Third Reich had witnessed many killings inspired by these ideas. During the early months of the war the Nazi regime expanded its plans for genocide and enlarged the means to execute them. Following the German invasion of Poland there arose extermination camps such as Auschwitz and Majdanek. In spring 1941, in contemplation of the coming assault upon the Soviet Union, the Einsatzgruppen were created as military units, but not to fight as soldiers. They were organized for murder. In advance of the attack on Russia, the Einsatzgruppen were ordered to destroy life behind the lines of combat. Not all life to be sure. They were to destroy all those denominated Jew, political official, "gypsy," and those other thousands called "asocial" by the self-styled Nazi superman. This was the new German" Kultur". Einsatz units entering a town or city ordered all Jews to be registered. They were forced to wear the Star of David under threat of death. All were then assembled with their families to be "resettled" under Nazi supervision. At the outskirts of each town was a ditch, where a squad of Einsatz men waited for their victims. Whole families were arrayed, kneeling or standing near the pit to face a deadly hail of fire.

Into the prisoner-of-war camps went the Einsatz units, selecting men for extermination, denying them the right to live. Helpless civilians were conveniently labeled "Partisans" or "Partisan-sympathizers" and then executed. In the hospitals and asylums the Einsatzgruppen destroyed the ill and insane, for "useless eaters" could never serve the Third Reich. Then came the gas vans, vehicles which could receive living human beings and discharge corpses. Every Einsatzgruppe had its allotment of these carriages of death. These in short were the activities of the Einsatzgruppen. The United States, in 1942, joined 11 nations in condemnation of these Nazi slaughters and vowed that justice would be done. Here we act to fulfill that pledge, but not alone because of it.

Germany is a land of ruins occupied by foreign troops, its economy crippled and its people hungry. Most Germans are still unaware of the detailed events we shall account. They must realize that these things did occur in order to understand somewhat the causes of their present plight. They put their faith in Hitler and their hope in his regime. The Nazi ideology, devoid of humanism and founded on a ruthless materialism, was proclaimed throughout Germany and was known to all Germans. Hitler and other Nazi leaders made no secret of their purpose to destroy the Jews. As we here record the massacre of thousands of helpless children, the German people may reflect on it to assess the merits of the system they so enthusiastically acclaimed. If they shame at the folly of their choice they may yet find a true ideal in place of a foul fetish. Proof of a million murders will not be the most significant aspect of this case. We charge more than murder, for we cannot shut our eyes to a fact ominous and full of foreboding for all of mankind. Not since men abandoned tribal loyalties has any state challenged the right of whole peoples to exist. And not since medieval times have governments marked men for death because of race or faith. Now comes this recrudescence – this Nazi doctrine of a master race – an arrogance blended from tribal conceit and a boundless contempt for man himself. It is an idea whose toleration endangers all men. It is, as we have charged, a crime against humanity.

The conscience of humanity is the foundation of all law. We seek here a judgment expressing that conscience and reaffirming under law the basic rights of man.

Throughout the remainder of the trial, Ferencz chose to examine no witnesses. Instead, he relied on the evidence, which featured daily reports of the defendants’ actions from 1941 onwards. Each report, which documented incidents of mass shootings, among other crimes, was signed by the defendants themselves.

Each defendant pleaded not guilty, arguing that their actions were legally carried out as ordered by their superiors. Yet, in April 1948, all but two of the defendants were found guilty of all three charges, and the remaining two defendants were found guilty of the third charge. Two defendants received life sentences, five defendants received sentences that ranged from 10 to 20 years, and 14 defendants were sentenced to death, although only four were ultimately executed. The others had their sentences commuted or were paroled.

Relevance and Memory

Ben Ferencz became the first prosecutor to use the term “genocide” – which a Polish lawyer coined during the early 1940s – in a court of law. He argued: “If we were to have meaning to this trial, it must be to ensure the right of all human beings to live in peace and dignity, regardless of their race, or creed, or religion, or color. That’s what I asked for. The case represented a plea of humanity to law. My emphasis was on that, and I got that judgment.” He continued: “All we could do was get a principle established: you can’t treat human beings like that and get away with it. And I helped to establish that principle.”

Ferencz remained in Germany after the Nuremberg Trials concluded and worked to help Jews receive reparations for their suffering and loss of assets. In the meantime, he and his wife had four children, all born in Nuremberg. He returned to New York and settled in New Rochelle to work in private law. He ultimately transitioned towards writing books and promoting world peace, particularly in the wake of the Vietnam War. He also advocated strongly for the establishment of the International Criminal Court. In 2017, he partnered with the United States Holocaust Memorial Museum to launch the Ferencz International Justice Initiative to coincide with the 70 year anniversary of the Einsatzgruppen Trial.

Ferencz and his wife spent their final years living in Florida, where Mrs. Ferencz passed away in 2019. Prior to his death in April 2023 at the age of 103, Mr. Ferencz was the last surviving Nuremberg prosecutor. Bayberry Lane in New Rochelle, where the Ferencz family lived for decades, has since been dedicated “Ben Ferencz Way.”

Ben and Gertrude Ferencz, June 1990

And so, I can look back on my life now and say that I have not achieved my goal, but I never expected to achieve it in one lifetime because war has been glorified for centuries and you can’t just take it in one generation and turn it around…Never give up, never give up. And that’s what I believe will save us. Maybe. I hope so…

Discussion Questions

1. After being discharged from the army, Ferencz vowed to never return to Germany. Considering the course of events that ultimately followed, what do you think this says about Ferencz’s ethics and morals?

2. Ferencz visited numerous concentration and death camps to collect evidence for the Einsatzgruppen trial. What do you think this says about Ferencz’s endurance, especially since he was Jewish?

3. Why do you think Ferencz insisted on holding a designated trial specifically for the Einsatzgruppen, rather than applying the evidence towards the other subsequent Nuremberg trials?

4. To what extent do you agree with Ferencz’s decision not to examine any witnesses? Explain.

5. Which of the three charges brought on during the trial do you think was the most crucial? Explain.

6. Which phrase or excerpt from Ferencz’s opening statement stands out to you the most? Why?

7. Although each defendant was convicted during the Einsatzgruppen trial, several defendants had their sentences commuted or were paroled. Except for the four defendants who were hanged, the others were released from prison by 1958. To what extent do you think that this undermines Ferencz’s work leading up to and during the trial? Explain.

Sources

About Benjamin Ferencz. (n.d.). Www.ushmm.org. https://www.ushmm.org/genocide-prevention/simon-skjodt-center/work/ferencz-international-justice-initiative/benjamin-ferencz
A general, concise overview of Ferencz’s life and career with emphasis on his involvement at Nuremberg. This source also provides links to additional materials of varying formats.

Barrett, J. Q. (2025). The Nuremberg Roles of Justice Robert H. Jackson. Washington University Open Scholarship. https://openscholarship.wustl.edu/law_globalstudies/vol6/iss3/5
Similarly to his chapter in the Reginbogin book, Barrett’s essay provides an overview of Jackson’s life and work but with a marginally heavier focus on his career prior to serving on the Supreme Court. With regards to his analysis of Jackson’s work at Nuremberg, this essay appears to provide a slightly less objective approach to Jackson by aiming to further highlight Jackson’s successful performance during the trial. A notable example of this is the more abbreviated analysis of Jackson’s cross examination of Hermann Goering compared to the longer version in the Reginbogin piece that addresses the moments in which Jackson appeared to struggle. Various components of this essay are featured throughout this case study.

Ben Ferencz, the last living Nuremberg prosecutor, has died at age 103 | 60 Minutes. (n.d.). Www.youtube.com. https://www.youtube.com/watch?v=R-uxyrHJ_mE
60 Minutes segment on Ferencz recorded in 2017 and broadcast in 2023 after his death. Lesley Stahl’s narration drives the video which covers Ferencz’s childhood, military service, involvement at Nuremberg, and work during his later years.

Ben Ferencz recalls his work on the Einsatzgruppen Trial. (2021, December 28). Judicature.duke.edu. https://judicature.duke.edu/articles/last-living-nuremberg-trial-prosecutor-recalls-his-work-on-the-einsatzgruppen-trial/
Transcript of a conversation between Ben Ferencz and Michael P. Scharf, co-dean of Case Western Reserve Law School. Ferencz discusses elements of his early life, education, legal training, as well as his work at and beyond Nuremberg. The conversation features a mix of distinguished quotes from Ferencz and teachings tied to his experience.

Earl, H. (2009). The Nuremberg SS-Einsatzgruppen Trial, 1945-1958.
A thorough and comprehensive overview of the proceedings of the Einsatzgruppen trial with special emphasis on the key figures involved and the roles they played. In addition to the book’s intended focus, Earl provides substantial context behind the origin of the subsequent Nuremberg trials, making the work extremely user friendly for readers going in without a complete understanding of the International Military Tribunal. This is perhaps the only book that is fully dedicated to highlighting the importance of the Einsatzgruppen trial without completely isolating it from the rest of the Nuremberg trials. As such, Ferencz’s background and involvement in the trial are featured prominently throughout the book, making it the longest secondary source utilized in the development of this case study.

Ferencz Opening Statement at Nuremburg. (2019, October 28). Benjamin B. Ferencz. https://benferencz.org/articles/pre-1970/ferencz-opening-statement-at-nuremburg/
Excerpts from Ferencz’s opening statement at Nuremberg.

McFadden, R. D. (2023, April 8). Benjamin B. Ferencz, Last Surviving Nuremberg Prosecutor, Dies at 103. The New York Times. https://www.nytimes.com/2023/04/08/world/europe/benjamin-b-ferencz-dead.html
Obituary of Ferencz which outlines his life and career. In addition to providing additional information surrounding Ferencz’s work after Nuremberg, this article provides context pertaining to his wife and children that are not necessarily present in other sources. Other unique pieces of information range from Ferencz’s ability to speak six languages to his authoring of nine books.

Photos - Benjamin B. Ferencz. (2023, April 14). Benjamin B. Ferencz. https://benferencz.org/gallery/
Collection of photos from various points in Ferencz’s life. Photos are categorized primarily by decade with sections dedicated to his time in the army, as well as at Nuremberg. All but two photos included in this case study are a part of this photo collection. The website also contains numerous other materials, including writings, videos, and audio clips pertaining to Ferencz’s life, work, and accomplishments.

Reginbogin, H. R., Safferling, M., Hippel, W. R., & Proquest (Firm. (2006). The Nuremberg Trials : international criminal law since 1945 : 60th anniversary international conference. K.G. Saur. https://www.google.com/books/edition/The_Nuremberg_Trials_International_Crimi/5h_8dxXEIPsC?hl=en&gbpv=0
This book contains a series of essays, each of which focuses on a historical and/or legal perspective of the individuals involved in the Nuremberg Trials. A transcript of a talk or lecture given by Ben Ferencz is found on pages 153 to 162. Within the first few sentences, Ferencz acknowledges that he is giving this talk with “no prepared text,” but that he intends to share his personal experiences regarding his involvement in the Einsatzgruppen trial in a period of approximately 20-30 minutes. The work appears to be unedited in the sense that Ferencz’s words come across in the manner in which he speaks. Regardless, this only helps to provide the reader with the sensation that Ferencz is talking to them directly. Much like other talks, this one provides an overview of Ferencz’s experiences and observations surrounding Nuremberg. What makes this work stand out is the level of detail he provides regarding the contents of the evidence he uncovered leading up to the Einsatzgruppen trial, as well as the variety of statistics unearthed by his investigative team and conversations he had with Telford Taylor. Ferencz concludes with a Q and A session with members of the audience who were present during his talk. Although the specific date in which the talk took place is not provided, Ferencz quips that his ears are “over 170 years old, combined.”

RobertHJacksonCenter. (2018, May 7). Ben Ferencz Nuremberg Einsatzgruppen Case #9 Opening. YouTube. https://www.youtube.com/watch?v=b67B-MoKG_o
Excerpts from Ferencz’s opening statement at Nuremberg.

Taylor, T. (2025). Opening Statement for the United States of America. Digital Commons @ University of Georgia School of Law. https://digitalcommons.law.uga.edu/nmt9/2/
Scan of type-written document containing the full opening statement delivered by Benjamin B. Ferencz at Nuremberg.

United States Holocaust Memorial Museum. (n.d.). Subsequent Nuremberg Proceedings, Case #9, The Einsatzgruppen Case. Encyclopedia.ushmm.org. https://encyclopedia.ushmm.org/content/en/article/subsequent-nuremberg-proceedings-case-9-the-einsatzgruppen-case
Part of a series of 12 webpages, each dedicated to one of the subsequent Nuremberg Trials. Provides a short summary of the trial much like “About Benjamin Ferencz,” but with more emphasis on the trial and less emphasis on Ferencz’s background. This source includes basic statistics pertaining to the charges and indictment, as well as the name, rank, and specific crimes of each defendant.

USC Shoah Foundation. (2023, April 17). Ben Ferencz (1920-2023): In His Own Words. USC Shoah Foundation. https://sfi.usc.edu/news/2023/04/35061-ben-ferencz-1920-2023-his-own-words
Article by journalist Philip Wood providing an additional overview of the legacy of Ferencz’s involvement at Nuremberg. Wood’s article contains a mix of distinguished quotes and teachings from Ferencz's perspective.

Benjamin Ferencz

Home

Early Life and Background

Role in the Nuremberg Trials

Relevance and Memory