The discipline of history has undergone multiple transformations over the course of the last 100 years, with the predominant empiricism of Rankean methodology giving way to numerous novel approaches, including the Annales school, social history, and various postmodern approaches embracing aspects of critical theory, Marxism, and feminism. To varying extents, these approaches have made their way into the academy, informing our understanding of numerous fields of history, including the study of the Holocaust. However, at the same time that our knowledge about the Holocaust has grown, attempts to deny the Holocaust under cover of honest inquiry have increased. Whereas most historians have chosen to avoid deniers, upon occasion, the publicity generated by deniers has warranted a response.
Although Holocaust denial as a phenomenon began while the Final Solution was still under way, and it persists into the current day, its peak period of visibility was between December 1978, with the onset of the Faurisson Affair, and July 2001, when David Irving’s application for appeal in Irving v. Lipstadt was denied. This period of twenty-some years saw historians attempt to negotiate the specific challenges presented by Holocaust denial, with varying extents of success. Their responses since the late 1970s have concluded that denial is best defended against methodologically rather than by responding to challenges to specific documents or testimonies. The cases of Irving and Faurisson, as well as that of Ernst Zündel, demonstrate the progression toward this conclusion.
The Faurisson Affair
Robert Faurisson, a French professor of literature at the University of Lyon, rose to notoriety with the publication of a letter to Le Monde in December 1978, in which he expressed the opinion that there had been no homicidal gas chambers in Nazi concentration camps and that stories attesting to their existence constituted a hoax. Over the course of the subsequent year, Faurisson was prosecuted for and convicted of defamation of the dead, fined approximately $3,500, and given a three-month suspended sentence. As a result, his case was taken up as a cause by a broad spectrum of political personalities from left to right as a violation of principles of free speech. The case attracted international attention when it was reported that the American linguist and left-wing dissident Noam Chomsky had signed a petition condemning Faurisson’s prosecution.
The response from the French intellectual community came in two waves. First were immediate responses in Le Monde by historians including François Delpech, Georges Wellers, and Olga Wormser-Migot; in addition, a declaration of historians was organized by Pierre Vidal-Naquet and Léon Poliakov and published in Le Monde on February 21, 1979. A number of historians sought immediately thereafter to directly refute Faurisson’s allegations in lengthier works. Among the first was Wellers, who was a scientist, historian, and former internee at Drancy, Auschwitz, and Buchenwald. Wellers had already published shorter pieces refuting earlier deniers such as Arthur Butz and Wilhelm Stäglich, and following the Faurisson Affair, he published Les Chambres à Gaz Ont Existé (The Gas Chambers Existed) in 1981. Wellers’s book includes a preface in which he addresses the affair and the methodology of Faurisson and his spiritual mentor, Paul Rassinier, whom he accuses of engaging in “endless, inextricable analyses of details of style, which are of no real importance but which divert the reader’s attention to trivialities, causing him to forget the real issues by hiding them behind a cascade of style exercises.”[1]
The second, lengthier wave, led by Vidal-Naquet, who was an historian specializing in ancient Greece, approached the issue from more purely political and methodological standpoints. During the 1980s, Vidal-Naquet published a number of essays on Holocaust denial; the most significant, “Un Eichmann de papier” (“A Paper Eichmann”), was published in 1980. In the essay, he appeals to Rankean methodology: “a formula in which truth is opposed to falsehood, independently of any interpretation.”[2] He writes that “it is absolutely impossible to debate with Faurisson. Such a debate, which he persists in calling for, is excluded because his way of arguing – what I called his use of the nonontological proof – makes discussion futile.”[3] Finally, echoing a charge from Wellers, Vidal-Naquet argues that Faurisson attempts to apply principles of literary analysis too directly to be useful in historiography. He quotes Faurisson as writing, “Texts have only one meaning or they have no meaning at all,” and then he comments, “With reference to poetry, which Faurisson interprets professionally, the principle is palpably absurd: poetry perpetually plays on polysemy; but the rule has value when referring to plain language such as: I am going out to buy a French bread.”[4]
In a later essay, “Thèses sur le Révisionnisme” (“Theses on Revisionism”), Vidal-Naquet considers whether it is necessary at all to refute Faurisson’s allegations. “Such will certainly not be my intention in these pages,” he writes. “In the final analysis, one does not refute a closed system, a total lie that is not refutable to the extent that its conclusion has preceded any evidence.”[5] In combination with his notion of Faurisson’s nonontological proof – “the gas chambers did not exist because nonexistence was one of their attributes”[6] – Vidal-Naquet enunciates in more concrete terms what the philosopher Jean-François Lyotard would express in his 1983 treatise La Differend. In this work dedicated to examining how linguistic disputes, when unresolved, perpetuate injustices, Lyotard uses the Faurisson Affair among several examples. He summarizes Faurisson’s position:
The only acceptable proof that [a gas chamber] was used to kill is that one died from it. But if one is dead, one cannot testify that it is on account of the gas chamber. – The plaintiff complains that he has been fooled about the existence of gas chambers, fooled that is, about the so-called Final Solution. His argument is: in order for a place to be identified as a chamber, the only eyewitness I will accept would be a victim of this gas chamber; now, according to my opponent, there is no victim that is not dead; otherwise, this gas chamber would not be what he or she claims it to be. There is, therefore, no gas chamber.[7]
Later, Lyotard concludes, “The historian need not strive to convince Faurisson if Faurisson is ‘playing’ another genre of discourse, one in which conviction, or the obtainment of a consensus over a defined reality, is not at stake. Should the historian persist along this path, he will end up in the position of victim.”[8]
Finally, the most comprehensive response to Faurisson was Jean-Claude Pressac’s Auschwitz: Technique and Operation of the Gas Chambers, published in 1989. Pressac, a pharmacist by training and originally a disciple of Faurisson, conducted several visits to Auschwitz during the 1980s, initially intending to demonstrate the lack of evidence for gas chambers in the archives there. He found precisely the opposite: Technique details what Pressac 39 “criminal traces” in response to Faurisson’s demand for “just one proof” of homicidal gas chambers in Nazi concentration camps. More importantly, Technique includes a “postface” in which Pressac describes his own methodology in comparison to Faurisson’s. Compared to his own slow but ultimately productive methodology, Pressac writes that Faurisson
is the proponent of a rather special approach. In his view, it is necessary to intervene rapidly and hit hard. A kind of “commando” technique. As regards Auschwitz, where he had made only one or two brief visits, he “understood” everything very rapidly. To support this “new understanding” he had brought back from Poland an abundant documentation to support his thesis, and in the eyes of the uninitiated this appears true and convincing.[9]
In short, whereas Faurisson only collected enough material to prove his thesis, Pressac gathered documents slowly and methodically and drew his conclusions on the basis of what the whole of the evidence said. Unsurprisingly, Faurisson was not daunted, and until his death in 2018, he continued to claim that his demand for a single proof had never been met. Nevertheless, two forms of response had been established beyond direct refutation: analysis of denier methodology and acknowledgement of the futile and counterproductive nature of debate.
Regina v. Zündel
If Faurisson and his antecedents, like Butz (a professor of electrical engineering at Northwestern University) and Stäglich (a German financial court judge), represented an attempt to endow denial with a veneer of academic and professional respectability, Ernst Zündel was something quite different. A German national born in 1939 who emigrated to Canada in 1958 and eventually drifted into the political far right, Zündel was an avowed neo-Nazi by the 1970s. He established a publishing company, Zamisdat, to produce Holocaust denial and neo-Nazi tracts, including his own The Hitler We Loved and Why, which he published under a pseudonym. In the culmination of charges brought against him by the Canadian Human Rights Tribunal and the Ontario provincial government, Zündel was indicted for spreading false news – a crime under Section 181 of Canada’s criminal code – for publishing a decade-old denial screed by a former member of the British National Front.
To prove that Zündel spread information that he knew to be false, the government called six Holocaust survivors as witnesses, as well as Raul Hilberg – arguably the most important historian of the Holocaust. After the defense failed to disqualify Hilberg as an expert witness,[10] he was, in the words of Thomas Kuttner, “subjected to the barbs, the vacuous badgering, the gratuitous insults and vapid philosophizing” of defense attorney Doug Christie.[11] Although Zündel was ultimately convicted, Hilberg’s testimony was hardly an unequivocal success. Part of the problem was that the judge in the case, Hugh Locke, did not take judicial notice of the facts of the Holocaust, leaving Hilberg in the position of having to prove that the Holocaust happened. As a result, under cross-examination, Hilberg had to face the attempts of Christie to (paraphrasing Wellers above) divert the jury’s attention to trivialities, causing them to forget the real issues. For example, Robert A. Kahn writes, “Hilberg testified that parts of SS Officer Kert [sic] Gerstein’s confession—but not his evidence of the gas chambers—were unreliable, precisely the sort of measured judgement historians are trained to make.”[12] Instead, according to Kahn, egged on by local media, such concessions were deemed “smoking guns” that Zündel’s claims might be true.
Nevertheless, some important points were made by Hilberg in his testimony. First and foremost, he established himself as an empiricist in methodology: “I look at the material carefully and over very long periods of time, in some cases, to be able to interpret it. I have found, many times, that original documents are not necessarily self-explanatory, and they do require a good deal of interpretation and analysis, in the main by recourse to other documents, since documents explain each other.”[13] In contrast, commenting on the pamphlet sold by Zündel, Hilberg said, “It’s hard to use the word ‘methodology’ in connection with such a pamphlet. Methodology presumes some honest look at the material and conclusions drawn honestly from it. What I find here is concoction, contradiction, untruth mixed with half-truths as some ordinary statements which anyone can accept in order that it’s hard for me to comprehend.”[14] Perhaps the most pointed statement came from the government’s prosecuting counsel Peter Griffiths, who (likely unknowingly) echoed Lyotard in characterizing Christie’s attempts to disqualify Hilberg as a witness: “Your Honour, the proposition that Mr. Christie puts before you, that in order to prove a historical fact all the participants involved in that historical fact must be called to the Court, is a novel one. It would indicate that, perhaps, when the last veteran of World War I is dead, we no longer know whether we had World War I because there is no living witness.”[15]
After successfully having his conviction overturned on appeal, Zündel again stood trial in 1988. This time, the chief expert witness-historian was Christopher Browning – himself perhaps the most important American Holocaust historian since Hilberg. This time, the judge in the case did take judicial review of the Holocaust as factually indisputable, although details thereof were not.[16] Nevertheless, this change in attitude, according to Browning, was instrumental in the case against Zündel being easier to prove because it “focused much more clearly on proving that the denial pamphlet that Zündel had disseminated and vouched for […] was demonstrably a fraudulent concoction and that beyond any reasonable doubt Zündel knew it to be such.”[17] The position of the prosecution also changed, according to Browning:
Instead the prosecution based its case primarily on selected historical documents and texts that could be shown to the jury side by side with the claims of the Zündel pamphlet. When examined one by one, the falsifications of the pamphlet were so clumsy and the misuse of sources so blatant that even a jury composed basically of people who read so little that they had not heard of the first trial became convinced of Zündel’s bad faith.[18]
The approach was successful and without subjecting survivors to hostile cross-examination or leaving the historian-expert unprepared.
Once again, Zündel was convicted, although the law that he had been convicted of breaking was ruled unconstitutional by the Canadian Supreme Court in 1992 – vacating Zündel’s conviction in the process. Facing possible prosecution yet again in the late 1990s, Zündel married his long-time press secretary Ingrid Rimland, an American citizen, and moved to the United States. After failing to appear for a routine immigration hearing, Zündel was arrested in 2003; deported to Canada, where he had already surrendered his landed immigrant status; and finally extradited to Germany, where he was tried and convicted of inciting racial hatred and sentenced to five years in prison. Barred from entering the United States as a security risk, he died in 2017.
What the two Zündel trials showed was best summarized by Browning: “the job of the historical expert witness was to set the standard of historical competence and integrity in their reports and courtroom testimony against which the deniers of the Holocaust could be measured
and found wanting”[19]; notably, this job does not include refuting the charges of the deniers, and Browning elected not to respond to their specific claims. That the job was more competently done by Browning than by Hilberg – not due to any fault on the latter’s part – is clear if only because, while deniers have routinely attacked Hilberg’s testimony over the past 35 years as a “victory” for their cause, they have been comparatively mum regarding Browning’s testimony.
Irving v. Lipstadt
David Irving represented yet a third category of Holocaust denier. Neither an academic like Faurisson nor an overt neo-Nazi like Zündel, Irving had established himself as a successful writer of popular histories of World War II, beginning in 1963 with The Destruction of Dresden. With eight books under his belt, Irving set off a controversy in 1977 with his publication of Hitler’s War, the first in a series of works dedicated to exonerating Adolf Hitler for responsibility in the Holocaust. At the time, multiple historians – notably Martin Broszat in the essay “Hitler und die Genesis der ‘Endlösung’: Aus Anlaß der Thesen von David Irving” (“Hitler and the ‘Final Solution’: On the Occasion of the Theses of David Irving”) and Gerald Fleming in Hitler and the Final Solution – responded to Irving’s exculpatory thesis, elevating Irving to the status of a kind of enfant terrible among historians of the Third Reich.
In 1983, he became involved in another controversy, in which diaries purported to be Hitler’s were acquired by the German newspaper Stern but ultimately proved to be forgeries – a position that Irving adopted before the mainstream historian Hugh Trevor-Roper concluded the same. Irving moved directly into Holocaust denial later that decade. He testified for the defense in the second Zündel trial and proclaimed himself “converted” to the idea that there were no homicidal gas chambers by the defense witness Fred Leuchter – a self-proclaimed engineer and expert in capital punishment technology. A series of subsequent controversies, including the charge that he had tampered with archival evidence and, more importantly, his inclusion among the subjects in Deborah Lipstadt’s 1993 book Denying the Holocaust, culminated in his exclusion from the mainstream publishing world. In 1995, Irving filed a libel suit in London against Lipstadt and her U.K. publisher. The case went to trial in 2000.
Notably, Lipstadt was not the first author to address Holocaust denial in academic writing. Gill Seidel of Bradford University had published The Holocaust Denial in 1986, and while the book discussed multiple aspects of the Faurisson Affair, it was written while the first Zündel trial was under way and did not address the case at all. Moreover, Seidel’s approach was primarily taxonomic, placing denial within the constellation of far-right, antisemitic organizations of postwar Europe and the Anglosphere, as some respondents to Faurisson had done in the past. The blunt statement with which Seidel begins the eight pages of The Holocaust Denial that she dedicates to Irving – “He does not deny the Holocaust”[20] – indicate their origin before the second Zündel trial. Other historians and authors had published shorter studies of denial generally or Irving in particular, including Michael Shermer and Roger Eatwell, and while Irving responded in various ways to these writings, he saved his legal assault for Lipstadt.
For her part, Lipstadt and her publisher in the U.K., Penguin, responded by calling all hands on deck. Expert reports and testimony were elicited from multiple historians of the Third Reich, the most prominent of whom were Browning, Peter Longerich, and Richard Evans, as well as the historian of architecture Robert Jan van Pelt, one on the foremost experts on the Auschwitz-Birkenau camp complex. Irving chose to represent himself; as a result, Irving v. Lipstadt stood in stark contrast to the two Zündel trials. Whereas in those trials, there was no direct interaction between Hilberg and Browning, on the one hand, and Irving and Faurisson, on the other, in the Lipstadt trial, Irving engaged in direct debate with the aforementioned historians over a variety of topics, including the nature of Holocaust denial, historical methodology, and where Irving himself stood relative to the defense’s expert witnesses within the landscape surrounding the historiography of the Holocaust. In addition, both van Pelt and Evans wrote books about their experiences in Irving v. Lipstadt, and Browning mentioned the trial in several articles.
Each historian’s exchange with Irving was revealing. For instance, during his testimony, Browning drew a clear distinction between the conclusions that can be drawn using regular historical methods and those drawn from Holocaust denial, specifically appealing to the importance of previous scholarship: “There is a range of views which involve a looking at the evidence that historians seeing that evidence would say, ‘This is within a range of interpretation.’ The example I then gave was that if one invents further evidence, this is not within the realm of acceptance as one example of where I would say we could say one has gone over the line.”[21] Longerich was even more pointed: asked by Irving whether he would refer to someone with whom he did not agree as a Holocaust denier, Longerich responded, “No. That is for somebody who just makes general sweeping statements, just not accepting historical facts, not basing his expertise on thoroughly reading and analysis of documents. One has to make a strong point here. There is a strong difference between a discussion among colleagues, among historians, and between historians and Holocaust deniers, if you want to say so.”[22]
Van Pelt and Irving debated how historians set research questions and then pursue research accordingly. Asking whether the issue of whether Hitler had directly ordered the Final Solution or whether it had emerged gradually, including by independent initiatives from people in the field, van Pelt responded:
I think that it is an important question in so far as you think this is an open question. I think that, if as an historian you have come to the conclusion, on the convergence of evidence and the work of many eminent historians, that it is not any more a great historical question, or a historical question at all, then I do not think that you are going to waste your energy researching that issue.
[Mr Irving]: Is “convergence of evidence” another way of saying “reading between the lines”?
A. [Professor Van Pelt]: No. “Convergence of evidence” is exactly what it says. That is, at a certain moment, for example, I will give just the example of the morgue number 1 in crematorium 2, that is a convergence between what Sonderkommandos say about it, what Germans say about it and what the blueprints tell us, and what the ruins tell us.[23]
Irving was attempting to corner van Pelt into admitting that all historiography is subjective; instead, van Pelt demonstrated how convergence of evidence works in the specific case of the gas chamber in Krema II at Birkenau.
The most heated exchanges were between Evans and Irving. At one point, asked by Irving whether a responsible historian should not disregard testimony that a court would regard as hearsay, Evans responded, “If it suits you, Mr Irving, you will put this hearsay in. If it suits you to discredit it because it is hearsay because it does not conform to your arguments you will leave it out. You have double standards in dealing with this evidence.”[24] In the less contentious environment of his book, Evans expanded on this idea and, in doing so, touched on a point already made in the cases of Faurisson and Zündel: “If Irving was implying here that he would not accept any evidence about the Second World War unless it was written at the time, then how did he justify his own extensive use of the postwar testimony of members of Hitler’s entourage given in interviews with them conducted himself? Here again, he was applying double standards in his approach to different types of evidence.”[25] Importantly, with this statement, Evans takes the point about the inherent futility in attempting to meet the deniers’ standard of evidence introduced by Lyotard (speaking of Faurisson) and expanded on by Griffiths (speaking of Christie) at the 1985 Zündel trial, and altering it slightly, he is able to draw a conclusion about Irving’s own flawed methodology and biases.
As noted, Irving lost the case. The decision rendered on April 11, 2000, found that Lipstadt was justified in her depiction of Irving in Denying the Holocaust. Although the decision would not be considered final for more than a year, Irving eventually abandoned his pursuit of an appeal. Remarkably, in a decision numbering more than 125,000 words, 30,000 words were dedicated to specific claims about Irving’s flawed methodology. In this regard, it stands as the utter refutation of the previous 25 years of Irving’s career.
Conclusion
The defeat of the plaintiff in Irving v. Lipstadt did not mark the end of Holocaust denial. Like Faurisson and Zündel before him, Irving continued to claim a moral victory, although he revised his position substantially in the mid-2000s after being arrested in Austria and charged under that country’s Holocaust denial laws. Nevertheless, as Nicholas Terry writes, the “heyday” of denial was over, giving way to an “era of relative decline.”[26] This heyday demonstrated an important trajectory for historiographic responses to Holocaust denial, specifically a mix of direct refutation and methodological critiques with Faurisson, followed by these two lines of critique in the form of testimony in the Zündel case, and finally the single methodological approach in Irving v. Lipstadt. That this final approach yielded unqualified success in the Lipstadt case showed that Holocaust history could be most effectively defended against denial by defending sound methodology.
[1] Georges Wellers, Les Chambre à Gas Ont Éxisté: Des Documents, des Témoinages, des Chiffres (Paris: Gallimard, 1981), 20-21, translation mine.
[2] Vidal-Naquet, “A Paper Eichmann: The Anatomy of a Lie,” in Assassins of Memory: Essays on Denial of the Holocaust, translated by Jeffrey Mehlman (New York: Columbia UP, 1993), 17.
[3] Pierre Vidal-Naquet, “Paper Eichmann,” 2.
[4] Notably, Faurisson’s approach to textual analysis as enunciated here is distinctly not postmodern. Rather than allowing for multiple, equally valid interpretations, it allows for only one correct (i.e., his own) reading. Ironically, this is precisely the opposite concern expressed by Richard Evans (see sub) claiming that the relativism of postmodernism leaves open the door to Holocaust denial.
[5] Pierre Vidal-Naquet, “Theses on Revisionism,” in Assassins of Memory, 82.
[6] Vidal-Naquet, “Paper Eichmann,” 23.
[7] Jean-François Lyotard, The Differend: Phrases in Dispute, translated by Georges Van Den Abbeele (Manchester, U.K.: Manchester UP, 1988), 3-4.
[8] Lyotard, Differend, 19.
[9] Jean-Claude Pressac, Auschwitz: Technique and Operation of the Gas Chambers, translated by Peter Moss (New York: Beate Klarsfeld Foundation, 1989), 549.
[10] Jason Tingler, “Holocaust Denial and Holocaust Memory,” Genocide Studies International, 10, no. 2 (2016): 218.
[11] Thomas S. Kuttner, “Legal Constraints on the New Anti-Semitism: The Canadian Experience,” in Remembering for the Future: The Holocaust in an Age of Genocide, vol. 1, edited by John K. Roth, Elisabeth Maxwell, Margot Levy, and Wendy Whitworth (London: Palgrave-Macmillan, 2001), 832.
[12] Robert A. Kahn, “Rebuttal versus Unmasking: Legal Strategy in R. v. Zundel,” Patterns of Prejudice, 34, no. 3 (2000): 11.
[13] Quoted in The First Zündel Trial: The Court Transcript of the Canadian “False News” Trial of Ernst Zündel, 1985, edited by Germar Rudolf (Uckfield, U.K.: Castle Hill, 2020), 119. This text was published by a Holocaust denial concern, but the transcript was checked against Canadian government documents for accuracy.
[14] Quoted in First Zündel Trial, 128.
[15] Quoted in First Zundel Trial, 122.
[16] Kuttner, “Legal Constraints,” 834.
[17] Christopher R. Browning, “Historians and Holocaust Denial in the Classroom,” in Remembering for the Future, vol. 1, 774.
[18] Browning, “Historians and Holocaust Denial,” 774.
[19] Christopher R. Browning, “The Personal Contexts of a Holocaust Historian: War, Politics, Trials, and Professional Rivalry,” in Holocaust Scholarship: Personal Trajectories and Professional Interpretations, edited by Christopher R. Browning, Susannah Heschel, Michael R. Marrus, and Milton Shain (New York: Palgrave Macmillan, 2015, 63.
[20] Gill Seidel, The Holocaust Denial: Antisemitism, Racism & the New Right (Leeds, U.K.: Beyond the Pale Collective, 1986), 121
[21] David Irving v. Penguin Books and Deborah Lipstadt (2000), EWHC QB 115, testimony of Christopher Browning, pp. 103-104, “Day 17 Transcript,” Holocaust Denial on Trial, Emory University, accessed April 20, 2020, https://www.hdot.org/day17/.
[22] Irving v. Lipstadt, testimony of Peter Longerich, p. 125, “Day 25 Transcript,” Holocaust Denial on Trial, accessed April 20, 2020, https://www.hdot.org/day25/.
[23] Irving v. Lipstadt, testimony of Robert Jan van Pelt, p. 112, “Day 9 Transcript,” Holocaust Denial on Trial, accessed April 20, 2020, https://www.hdot.org/day09/.
[24] Irving v. Lipstadt, testimony of Richard Evans, pp. 103-104, “Day 23 Transcript,” Holocaust Denial on Trial, accessed April 20, 2020, https://www.hdot.org/day23/.
[25] Richard J. Evans, Lying About History: History, Holocaust, and the David Irving Trial (New York: Basic Books, 2001), 122.
[26] Nicholas Terry, “Holocaust Denial in the Age of Web 2.0,” in Holocaust and Genocide Denial: A Contextual Analysis, edited by Paul Behrens, Nicholas Terry, and Olaf Jensen (New York: Routledge, 2017), 35.