Eyewitness to Genocide: The Operation Reinhard Death Camp Trials, 1955-1966

In this meticulous history of the Operation Reinhard trials, Michael S. Bryant examines
a disturbing question: Did compromised jurists engineer acquittals or lenient punishments
for proven killers? Drawing on rarely studied archival sources, Bryant concludes
that the trial judges acted in good faith within the bounds of West German law. The key
to successful prosecutions was eyewitness testimony. At Belzec, the near-total efficiency
of the Nazi death machine meant that only one survivor could be found to testify. At Treblinka
and Sobibor, however, prisoner revolts had resulted in a number of survivors who
could give firsthand accounts of specific atrocities and identify participants. The courts,
Bryant finds, treated these witnesses with respect and even made allowances for conflicting
testimony. And when handing down sentences, the judges acted in accordance with
strict legal definitions of perpetration, complicity, and action under duress.

Yet, despite these findings, Bryant also shows that West German legal culture was
hardly blameless during the postwar era. Though ready to convict the mostly workingclass
personnel of the death camps, the Federal Republic followed policies that insulated
the judicial elite from accountability for its own role in the Final Solution. While trial
records show that the ?bias” of West German jurists was neither direct nor personal, the
structure of the system ensured that lawyers and judges themselves avoided judgment.