Before the Second World War, a man named Hans Frank was Hitler’s personal lawyer. After Germany invaded Poland in 1939, Frank became the governor-general of occupied Poland, a German colony where millions of Jews and other Polish citizens were murdered. He once boasted that there were not enough trees to make the paper for posters that would be needed to announce all of the executions. Frank claimed that law was meant to serve the race, and so what seemed good for the race was therefore the law. With arguments like this, German lawyers could convince themselves that laws and rules were there to serve their projects of conquest and destruction, rather than to hinder them.
The man Hitler chose to oversee the annexation of Austria, Arthur Seyss-Inquart, was a lawyer who later ran the occupation of the Netherlands. Lawyers were vastly overrepresented among the commanders of the Einsatzgruppen, the special task forces who carried out the mass murder of Jews, Gypsies, Polish elites, communists, the handicapped, and others. German (and other) physicians took part in ghastly medical experiments in the concentration camps. Businessmen from I.G. Farben and other German firms exploited the labor of concentration camp inmates, Jews in ghettos, and prisoners of war. Civil servants, from ministers down to secretaries, oversaw and recorded it all.
If lawyers had followed the norm of no execution without trial, if doctors had accepted the rule of no surgery without consent, if businessmen had endorsed the prohibition of slavery, if bureaucrats had refused to handle paperwork involving murder, then the Nazi regime would have been much harder pressed to carry out the atrocities by which we remember it.
Professions can create forms of ethical conversation that are impossible between a lonely individual and a distant government. If members of professions think of themselves as groups with common interests, with norms and rules that oblige them at all times, then they can gain confidence and indeed a certain kind of power. Professional ethics must guide us precisely when we are told that the situation is exceptional. Then there is no such thing as “just following orders.” If members of the professions confuse their specific ethics with the emotions of the moment, however, they can find themselves saying and doing things that they might previously have thought unimaginable.
6 Be wary of paramilitaries.
When the men with guns who have always claimed to be against the system start wearing uniforms and marching with torches and pictures of a leader, the end is nigh. When the pro-leader paramilitary and the official police and military intermingle, the end has come.
Most governments, most of the time, seek to monopolize violence. If only the government can legitimately use force, and this use is constrained by law, then the forms of politics that we take for granted become possible. It is impossible to carry out democratic elections, try cases at court, design and enforce laws, or indeed manage any of the other quiet business of government when agencies beyond the state also have access to violence. For just this reason, people and parties who wish to undermine democracy and the rule of law create and fund violent organizations that involve themselves in politics. Such groups can take the form of a paramilitary wing of a political party, the personal bodyguard of a particular politician—or apparently spontaneous citizens’ initiatives, which usually turn out to have been organized by a party or its leader.
Armed groups first degrade a political order, and then transform it. Violent right-wing groups, such as the Iron Guard in interwar Romania or the Arrow Cross in interwar Hungary, intimidated their rivals. Nazi storm troopers began as a security detail clearing the halls of Hitler’s opponents during his rallies. As paramilitaries known as the SA and the SS, they created a climate of fear that helped the Nazi Party in the parliamentary elections of 1932 and 1933. In Austria in 1938 it was the local SA that quickly took advantage of the absence of the usual local authority to loot, beat, and humiliate Jews, thereby changing the rules of politics and preparing the way for the Nazi takeover of the country. It was the SS that ran the German concentration camps—lawless zones where ordinary rules did not apply. During the Second World War, the SS extended the lawlessness it had pioneered in the camps to whole European countries under German occupation. The SS began as an organization outside the law, became an organization that transcended the law, and ended up as an organization that undid the law.
Because the American federal government uses mercenaries in warfare and American state governments pay corporations to run prisons, the use of violence in the United States is already highly privatized. What is novel is a president who wishes to maintain, while in office, a personal security force which during his campaign used force against dissenters. As a candidate, the president ordered a private security detail to clear opponents from rallies, but also encouraged the audience itself to remove people who expressed different opinions. A protestor would first be greeted with boos, then with frenetic cries of “USA,” and then be forced to leave the rally. At one campaign rally the candidate said, “There’s a remnant left over. Maybe get the remnant out. Get the remnant out.” The crowd, taking its cue, then tried to root out other people who might be dissenters, all the while crying “USA.” The candidate interjected: “Isn’t this more fun than a regular boring rally? To me, it’s fun.” This kind of mob violence was meant to transform the political atmosphere, and it did.
For violence to transform not just the atmosphere but also the system, the emotions of rallies and the ideology of exclusion have to be incorporated into the training of armed guards. These first challenge the police and military, then penetrate the police and military, and finally transform the police and military.
7 Be reflective if you must be armed.
If you carry a weapon in public service, may God bless you and keep you. But know that evils of the past involved policemen and soldiers finding themselves, one day, doing irregular things. Be ready to say no.
Authoritarian regimes usually include a special riot police force whose task is to disperse citizens who seek to protest, and a secret state police force whose assignments include the murder of dissenters or others designated as enemies. And indeed we find forces of the latter kind deeply involved in the great atrocities of the twentieth century, such as the Great Terror in the Soviet Union of 1937–38 and the Holocaust of European Jews perpetrated by Nazi Germany in 1941–45. Yet we make a great mistake if we imagine that the Soviet NKVD or the Nazi SS acted without support. Without the assistance of regular police forces, and sometimes regular soldiers, they could not have killed on such a large scale.
In the Great Terror in the Soviet Union, NKVD officers recorded 682,691 executions of supposed enemies of the state, most of them peasants or members of national minorities. Perhaps no organ of violence has ever been more centralized or better organized than the NKVD of those years. A small number of men carried out the neck shots, which meant that certain NKVD officers had thousands of political murders on their consciences. Even so, they could not possibly have carried out this campaign without the assistance of local police forces, legal professionals, and civil servants throughout the Soviet Union. The Great Terror took place during a state of exception that required all policemen to subordinate themselves to the NKVD and its special tasks. The policemen were not the principle perpetrators, but they provided the indispensable manpower.