Irving v. Lipstadt

Judgment

Holocaust Denial on Trial, Trial Judgment: Electronic Edition, by Charles Gray

Table of Contents

• I. INTRODUCTION
  • 1.1 A summary of the main issues
  • The parties
• II. THE WORDS COMPLAINED OF AND THEIR MEANING
  • The passages complained of
  • The issue of identification
  • The issue of interpretation or meaning
    • Irving's case on meaning
    • The Defendants' case on meaning
    • Approach to the issue of meaning
    • Conclusion on meaning
• III. THE NATURE OF IRVING'S CLAIM FOR DAMAGES
  • Relevant considerations
  • Irving's case on damages
• IV. THE DEFENCE OF JUSTIFICATION: AN OVERVIEW
  • The parties' statements of case
  • What has to be proved in order for the defence of justification to succeed
  • Pattern of the judgment on the issue of justification
  • Evidence adduced in relation to the issue of justification
• V. JUSTIFICATION: THE DEFENDANTS' HISTORIOGRAPHICAL CRITICISMS OF IRVING'S PORTRAYAL OF HITLER IN PARTICULAR IN REGARD TO HIS ATTITUDE TOWARDS THE JEWISH QUESTION
  • Introduction
  • The general case for the Defendants
  • Irving's general response
  • The specific criticisms made by the Defendants of Irving's historiography
  • (i) Hitler's trial in 1924
    • Introduction
    • Case for the Defendants
    • Irving's response
  • (ii) Crime statistics for Berlin in 1932
    • Introduction
    • Case for the Defendants
    • Response of Irving
  • (iii) The events of Kristallnacht in November 1938
    • Introduction
    • The Defendants' case
    • Irving's response
  • (iv) The aftermath of Kristallnacht
    • Introduction
    • The Defendants' case
    • Irving's response
  • (v) Expulsion of Jews from Berlin in 1941
    • Introduction
    • The Defendants' case
    • Irving's response
  • (vi) Shooting of Jews in Riga
    • Introduction
    • Case for the Defendants
    • Case for Mr Irving
  • (vii) Hitler's views on the Jewish question
    • Introduction
    • The Defendants' case
    • Irving's response
  • (viii) The timing of the "final solution" to the Jewish problem: the 'Schlegelberger note'
    • Introduction
    • The Defendants' case
    • Irving's response
  • (ix) Goebbels's diary entry for 27 March 1942
    • Introduction
    • The case for the Defendants
    • Irving's response
  • (x) Himmler minute of 22 September 1942
    • Introduction
    • The Defendants' case
    • Irving's response
  • (xi) Himmler's note for his meeting with Hitler on 10 December 1942
    • Introduction
    • Case for the Defendants
    • Irving's response
  • (xii) Hitler's meetings with Antonescu and Horthy in April 1943
    • Introduction
    • Case for the Defendants
    • Irving's reponse
  • (xiii) The deportation and murder of the Roman Jews in October 1943
    • Introduction
    • The case for the Defendants
    • Irving's response
  • (xiv) Himmler's speeches on 6 October 1943 and 5 and 24 May 1944
    • Introduction
    • Defendants' case
    • Irving's response
  • (xv) Hitler's speech on 26 May 1944
    • Introduction
    • The case for the Defendants
    • Irving's response
  • (xvi) Ribbentrop's testimony from his cell at Nuremberg
    • Introduction
    • The case for the Defendants
    • Irving's response
  • (xvii) Marie Vaillant-Couturier
    • Introduction
    • Case for the Defendants
    • Irving's response
  • (xviii) Kurt Aumeier
    • Introduction
    • The Defendants' case
    • Irving's response
• VI. JUSTIFICATION: EVIDENCE OF THE ATTITUDE OF HITLER TOWARDS THE JEWS AND OF THE EXTENT, IF ANY, OF HIS KNOWLEDGE OF AND RESPONSIBILITY FOR THE EVOLVING POLICY OF EXTERMINATION
  • Preamble
  • Hitler's anti-semitism
    • The issue between the parties
    • The case for the Defendants
    • Irving's response
  • The policy of shooting of Jews
    • Introduction Evidence of system and the scale of the shootings
    • Case for the Defendants
    • Hitler's knowledge
    • Irving's response Evidence of system and the scale of the shootings
    • Hitler's knowledge
  • The policy of deporting the Jews
    • Introduction
  • Genesis of gassing programme
    • The origins of the use of gas by the Nazi regime
    • The use of the gas vans to kill healthy Jews
  • The Defendants' case as to the scale on which Jews were gassed to death at camps excluding Auschwitz and the extent, if any, of Hitler's knowledge of and complicity in the killing.
  • Irving's response: the scale of the killings by gassing
  • Irving's response: Hitler's knowledge of the gassing at the Reinhard Camps
  • Irving's response: Hitler's knowledge of and complicity in the gassing programme
• VII. AUSCHWITZ
  • Description of the camp and overview of the principal issue
  • The case for the Defendants in summary
  • Irving's case in summary
  • The evidence relied on by the Defendants as demonstrating that gas chambers were constructed at Auschwitz and operated there to kill a vast number of Jews
    • Early reports
    • Evidence gathered by the investigation under the aegis of the Soviet State Extraordinary Commission
    • Evidence gathered by the Polish Central Commission for Investigation of German Crimes in Poland 1945-7
    • The Olere drawings
    • Eye-witness evidence from camp officials and employees
    • Eye-witness evidence from inmates at Auschwitz
    • Evidence from the Nuremberg trial
    • Evidence from the Eichmann trial
    • Evidence from other trials (Kremer; Mulka and others; Dejaco and Ertl)
    • Documentary evidence relating to the design and construction of the chambers
    • Photographic evidence
    • Material evidence found at Auschwitz
    • Conclusions to be drawn from the evidence, according to the Defendants' experts
  • Irving's reasons for rejecting the evidence relied on by the Defendants as to the existence at Auschwitz of gas chambers for killing Jews
    • Irving as expert witness at the trial of Zundel
    • The impact of the Leuchter Report
    • Replication of Leuchter's findings
    • The absence of chimneys protruding through of morgue 1 of crematorium 2
    • The reason for the alterations to crematorium 2: fumigation or alternatively air-raid shelter
    • The purpose of the supplies of Zyklon-B
    • The logistical impossibility of extermination on the scale contended for by the Defendants
    • Irving's investigation of the documentary evidence
    • Irving's response to the eye-witness evidence
  • The Defendants' arguments in rebuttal
    • The Defendants' critique of the Leuchter Report
    • The Defendants' case as to the absence of signs of chimneys in the roof of Leichenkeller 1
    • The redesign of crematorium 2
    • The quantity of Zyklon-B required
    • The Defendants' response to Irving's logistical argument
    • The Defendants' response to Irving's argument in relation to the documentary evidence
• VIII. JUSTIFICATION: THE CLAIM THAT IRVING IS A "HOLOCAUST DENIER"
  • What is meant by the term "Holocaust denier"
  • The question whether the statements made by Irving qualify him as a "Holocaust denier" in the above sense
    • The case for the Defendants
    • Irving's denial that he is a Holocaust denier
  • The oral and written statements made by Irving which are relied on by the Defendants for their contention that he is a Holocaust denier and the evidence relied on by the Defendants for their assertion that Irving's denials are false.
  • The existence of gas chambers at Auschwitz or elsewhere
    • Claims made by Irving
    • Evidence of the truth/falsity of Irving's claims
  • The existence of a systematic programme or policy for killing Jews
    • Claims made by Irving
    • Evidence of the truth/falsity of Irving's claims
  • The numbers of Jews killed
    • Claims made by Irving
    • The Defendants' evidence of the falsity of Irving's claims
    • Evidence relied on by Irving in support of his claims
  • The assertion that the gas chambers were a propaganda lie invented by the British
    • Claims made by Irving
    • The Defendants' evidence of the falsity of the claims made by Irving
    • Irving's evidence of the truth of his claims
• IX. JUSTIFICATION: THE ALLEGATION THAT IRVING IS AN ANTI-SEMITE AND A RACIST
  • Relevance of the allegation
  • The material relied on by the Defendants
  • Irving's denial that he is anti-semitic or a racist
    • Anti-semitism
    • Racism
• X. JUSTIFICATION: THE CLAIM THAT IRVING ASSOCIATES WITH RIGHT WING EXTREMISTS
  • Introductory
  • Case for the Defendants
  • Irving's response
• XI. JUSTIFICATION: THE BOMBING OF DRESDEN
  • Introduction
  • The Defendants' criticisms of Irving's account of the bombing
    • Numbers killed - Irving's claims
  • The Defendants' claim that Irving relied on forged evidence
    • The case for the Defendants
    • Irving's case as to the death toll and his use of TB47
  • The claim that Irving attached credence to unreliable evidence
    • The case for the Defendants
    • Irving's response
  • The allegation that Irving has bent reliable evidence and falsified statistics
    • The case for the Defendants
    • Irving's response
  • The allegation that Irving suppressed or failed to take account of reliable evidence
    • The case for the defendants
    • Irving's response
  • The allegation that Irving has misrepresented evidence
    • The case for the Defendants
    • Irving's response
• XII. JUSTIFICATION: IRVING'S CONDUCT IN RELATION TO THE GOEBBELS DIARIES IN THE MOSCOW ARCHIVE
  • Introduction
  • The claim that Irving broke an agreement with the Moscow archive and risked damage to the glass plates
    • The allegation as formulated in the Defendants' statements of case
    • The evidence relied on by the Defendants for the allegation of breach of an agreement
    • The evidence relied on by the Defendants for the risk of damage to the plates
    • Irving's case that there was no breach of agreement
    • Irving's denial that the plates were put at risk of damage
• XIII. FINDINGS ON JUSTIFICATION
  • Scheme of this section of the judgment
  • The allegation that Irving has falsified and misrepresented the historical evidence
    • Irving the historian
    • The specific historiographical criticisms of Irving
    • Hitler's trial in 1924 (paragraphs 5.17-28 above)
    • Crime statistics for Berlin in 1932 (paragraphs 5.29-36 above)
    • The events of Kristallnacht (paragraphs 5.37-72 above)
    • The aftermath of Kristallnacht (paragraphs 5.73-89 above)
    • The expulsion of Jews from Berlin in 1941 (paragraphs 5.90-110 above)
    • The shooting of the Jews in Riga (paragraphs 5.111-122)
    • Hitler's views on the Jewish question (paragraphs 5.123-150 above)
    • The timing of the "final solution" to the Jewish question: the Schlegelberger note
    • Goebbels's diary entry for 27 March 1942 (paragraphs 5.170-186 above)
    • Himmler minute of 22 September 1942 (paragraphs 5.187-198 above)
    • Himmler's note for this meeting with Hitler on 10 December 1942 (paragraphs 5.194-198 above)
    • Hitler's meetings with Antonescu and Horthy in April 1943 (paragraphs 5.199-214 above)
    • The deportation and murder of the Roman Jews in October 1943 (paragraphs 5.215-221 above)
    • Himmler's speeches of 6 October 1943 and 5 and 24 May 1944 (paragaphs 5.222-230 above)
    • Hitler's speech on 26 May 1944 (paragraph 5.235-239 above)
    • Ribbentrop's testimony from his cell at Nuremberg (paragraphs 5.235-239 above)
    • Marie Vaillant-Couturier (paragraphs 5.240-244 above)
    • Kurt Aumeier (paragraphs 5.245-249 above)
    • Findings in relation to the instances of Irving's historiography cited by the Defendants
  • Evidence of Hitler's attitude towards the Jews and the extent, if any, of his knowledge of and responsibility for the evolving policy of extermination
    • Hitler's anti-semitism (paragraphs 6.3-9 above)
    • The scale and systematic nature of the shooting of Jews by the Einsatzgruppen (paragraphs 6.10-59 above)
    • The deportation of the Jews (paragraphs 6.60-67 above)
    • The scale on which Jews were gassed to death camps including the Reinhard Camps but excluding Auschwitz (paragraphs 6.73-144 above)
    • Evidence of Hitler's knowledge of and/or complicity in the extermination of Jews in the gas chambers at the Reinhard camps (paragraphs 6.81-95and 6.114-144)
  • Auschwitz
    • Identifying the issue
    • The scale of the killing of Jews in the gas chambers
    • The "convergence" of evidence
    • The documentary evidence
    • The eye-witness evidence
    • The Leuchter report
    • Holes in the roof of morgue 1 at crematorium 2?
    • Gas chambers for fumigation purposes or to serve as air raid shelters
    • "Death books"; decrypts and coke consumption
    • Conclusion
  • Whether Irving is a "Holocaust denier"
    • Irving's statements about the Holocaust
    • Whether Irving's denials are borne out by the evidence
  • Whether Irving is an anti-semite and a racist
    • Anti-semitism
    • Racism
  • Irving's alleged association with right-wing extremists
    • Right-wing political organisations
    • Right-wing individuals
  • Irving's accounts of the bombing of Dresden
    • Irving's reliance on the forged Tagesbefehl No. 47
    • Whether Irving has attached credence to unreliable evidence and/or failed to take account of reliable evidence
    • Whether Irving has bent of falsified or misrepresented evidence
  • Irving's conduct in relation to the Goebbels diaries in the Moscow archive
    • The alleged breach of agreement
    • The alleged risk of damage to the plates
  • Assessment of Irving as an historian
    • The issue as to Irving's motivation
    • The relevant considerations
    • The convergence of the historiographical misrepresentations
    • The nature of some of Irving's errors
    • Irving's explanations for his errors
    • Irving's readiness to challenge the authenticity of inconvenient documents and the credibility of apparently credible witnesses
    • Irving's concessions
    • Extraneous circumstances: Irving's denials of the Holocaust, his racism, anti-semitism and association with right-wing extremists
    • Finding as to Irving's motivation
  • Finding in relation to the defence of justification
    • The test
    • The anti-Zionist conference, the Moscow archive and section 5 of the Defamation Act 1952
• XIV. VERDICT