The
Specialist on the Eichmann Precedent: Morality, Law, and Military
Sovereignty
by Benjamin Robinson
I want to engage questions such as these in order to
extend the film's
project of discharging the aura that makes discussion of the Holocaust
both so seductive and so proprietary, so symbolically transcendent and
so institutionally specific. In order to do this, I want to set out in
more detail the film's interpretive perspective as well as indicate
some limitations of its formal re'visioning of received Holocaust
tropes. The bulk of this essay will take up the film's interpretive
questions about the meaning of crime, justice, and the state and
develop them not only in ways that the film itself does. The goal here
is to accept the film's challenge of reconsidering the Eichmann trial
today, decades after its precedents for discussing the events referred
to under the rubric of the Holocaust have become dominant norms
for the historiography of morals. What kind of moment was the Eichmann
trial in the history of moral thought and legal institutions? The
Specialist's
disciplined aesthetic allows us to pursue that question with a
freshness that the importance of the trial for subsequent developments
in the terms of sovereignty and international justice certainly
justifies. After considering what the Eichmann trial has suggested
about psychological, ethical, and institutional bases for establishing
international law, I will consider political responses—particularly
cold war responses—to the trial's consolidation of the international
public significance of the Holocaust. For, perhaps more important than
setting a general, codifiable legal precedent, the trial condensed a
self'evident political meaning for the Holocaust, available to those
who exercise jurisdiction over it.At the end of the essay, I return to
the starting point, Sivan and
Brauman's film, and, more specifically, the aesthetic questions The
Specialist
poses about cinematic and literary testimony as a form for exemplifying
moral judgment and political choice. I will argue that to the extent
the film aestheticizes the process of evidence and
adjudication—distancing it, framing it (in an echo of Heidegger's
revealing technological Ge'stell)—it implies a notion of
autonomous judgment that, while it throws into relief both the trial's
politicization and moralization, suggests a nonpolitical model of
justice based on perceptive intuition. The quality of the film as a
(cinematic) representation of a (judicial) representation also serves
as a point of critique. I suggest that, in the context of what some
literary and film scholars recognize as a distinct Holocaust genre, its
presentation of alternative tropes to those established in the
prosecution's highly theatrical narrative, while groundbreaking, does
not complete the task of moving from fresh perception of the trial to
public deliberation on its wider uses. Such deliberation would indicate
a more polemical (on the model of a courtroom's own agonistic
procedure) juxtaposition of tropes that could illustrate to a critical
public the stakes of one representation of the Holocaust versus another.18
Nonetheless, The Specialist
remains a powerful disruption of the condensation of morality, law, and
statehood that the Eichmann trial in its received form has allowed to
accrue to the advantage of specific sovereignties and jurisdictions of
the industrial West.
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