29 Sep Michael Medved, Slave Labor, and the Holocaust
A number of progressive bloggers are having fun with Michael Medved’s new column, “Six Inconvenient Truths about the U.S. and Slavery.” Much of the criticism of the right-wing radio host’s column has focused on the following passage, in which Medved seems to argue that the real victims of the slave trade were the slave traders themselves, who lost much of their valuable cargo during the difficult passage from Africa to the U.S.:
Historians agree that hundreds of thousands, and probably millions of slaves perished over the course of 300 years during the rigors of the “Middle Passage” across the Atlantic Ocean. Estimates remain inevitably imprecise, but range as high as one third of the slave “cargo” who perished from disease or overcrowding during transport from Africa. Perhaps the most horrifying aspect of these voyages involves the fact that no slave traders wanted to see this level of deadly suffering: they benefited only from delivering (and selling) live slaves, not from tossing corpses into the ocean.
That’s a remarkably dumb comment, regardless of what Medved might have actually intended to convey. But it pales in comparison to his attempt to distinguish the slave trade from the Holocaust:
By definition, the crime of genocide requires the deliberate slaughter of a specific group of people; slavers invariably preferred oppressing and exploiting live Africans rather than murdering them en masse. Here, the popular, facile comparisons between slavery and the Holocaust quickly break down: the Nazis occasionally benefited from the slave labor of their victims, but the ultimate purpose of facilities like Auschwitz involved mass death, not profit or productivity. For slave owners and slave dealers in the New World, however, death of your human property cost you money, just as the death of your domestic animals would cause financial damage. And as with their horses and cows, slave owners took pride and care in breeding as many new slaves as possible.
There is no question that the Nazis’ “ultimate purpose” was to rid the world of Jews. But they did not “occasionally benefit” from slave labor. On the contrary, as the Nuremberg Military Tribunals pointed out again and again in the Industrialist cases, the massive industrial expansion of Germany industry that made the Nazis wars of aggression possible required the systematic use of slave labor. Indeed, the numbers are staggering: according to the testimony of Fritz Sauckel, the Plenitpotentiary General for Labor Allocation, at least 5,000,000 non-Germans were being forced to work in German industrial plants at the height of the war. (Many solid estimates put the number much higher, between 9,500,000 and 10,000,000.) Some of those workers might have worked in conditions not quite awful enough to qualify as “slave labor,” but the overwhelming majority of them did. Here, for example, is Matthew Lippman’s description of Krupp’s treatment of 520 of the 100,000 slave laborers it employed during WW II:
Some insight into the situation of concentration camp workers is provided by the Krupp firm’s treatment of 520 Jewish females between fifteen and twenty-five years of age who had been transferred from Buchenwald to the industrial center at Essen. The women were clad in sack-like burlap garments and wooden clogs with fabric tops. Some lacked shoes, resulting in frozen feet and chilblains. Their heads were closely-shaved in the shape of a cross. The inmates were forced to live in a dank and dark cellar with no sanitary facilities following the bombing of the Humboldtstrasse labor camp in 1944. A single blanket was issued for bedding as well as for protection against the cold and rain during the lengthy marches to the plant. The women subsisted on a single meal of soup and bread, supplemented with margarine or marmalade.
The inmate workers were roused at four, assembled for roll-call thirty minutes later, and began the workday at six. They were required to carry bricks and iron roofing sheets without gloves or other protection. The sluggish and weak were kicked and hit, and discipline was enforced by the deprivation of food. The women were excluded from the air raid shelter, which was restricted to German personnel during bombing raids.
As the American troops approached in February 1945, the Krupp firm learned that the Reich had decided to exterminate the women. Krupp nevertheless shipped the women back to Auschwitz and “[w]ith the exception of a few who had escaped… nothing further has been discovered about the fate of the young ‘Hungarian Jewesses’ of the Krupp firm.”
The sad truth is that Medved is wrong: slave labor was an integral part of the Holocaust — even its necessary condition. The Final Solution required the Nazis to wage wars of aggression against countries with significant Jewish populations. Those aggressive wars required a massive expansion of German industrial production. And that industrial expansion required the systematic use of slave labor, Jewish and otherwise.
A more vicious circle is difficult to imagine.
It seems to me there was nonetheless a distinction. It was the stated intention of the Nazis to eliminate the Jews, even if some were temporarily kept alive to serve as slave labor. The Nazis were, therefore, engaged both in slavery AND in genocide. The Atlantic slave traders, on the other hand, had no intention of eliminating Africans. Whether they did their best to keep their cargo in good health or, perhaps out of sadism, let them suffer, absent the intention of eliminating Africans they cannot be guilty of genocide. They were, no doubt, guilty of reckless endangerment and, in many cases, murder, but that is not the same as genocide.
Bill,
You are, of course, absolutely right. My point was that slave labor was integral to the Holocaust, not that slavery was genocidal. I perhaps should have made that more clear in the post.
Excuse me, but as a person whose great-great-great grandmother was brought over here as a 12 year old from Africa and sold into slavery in 1800 to the family of one of the signators of the Declaration of Independence, your discussion on this point reminds me of the discussions reported in a torts class in 1969-70 when the first blacks came to Harvard Law School in a few more than a token here or there. In a terribly interesting discussion of nuisance the professor and the class went into a long disquisition as to whether blacks moving in a given white neighborhood could be classified as a nuisance. Might one who is black in such a class find such a discussion of himself being a nuisance, just for being black in the white neighborhood, profoundly repugnant? The points that you make about how wrong Medved is about the Holocaust are quite exact. Medved is also wrong about the slave trade. HOWEVER – you are also wrong in characterizing in such a cavalier manner a 200 year crime that apparently you appear to dismiss so lightly. I guess I have to say that if that was your relative on the boat… Read more »
Ben,
I’m confused — are you directing your anger at Medved or at me? I didn’t say anything about the slave trade, other than to criticize Medved for implying that the real horror was the slavers’ loss of profit. And if you are referring to my (implied) belief that slavery was not genocidal, I would simply reply that it does not in any way justify or minimize the profound evil of slavery to say that the slave trade was not genocidal under the current very narrow legal definition of genocide. If you disagree with that idea, please explain why.
Genocide is not some synonym for “very bad action that killed a lot of people.” There is a specific requirement of intent, which the slave trade did not meet.
Well noted. Working a person to death conduct does not show intent? Throwing people overboard routinely does not show intent? Treating people like animals does not show intent? All the specific conduct that is evidence of intent is explained away by the profit motive? Sorry folks. My problem is the inability to see this as a genocide after all this time. It strikes me as denial. Again I apologize for allowing such pain about the comments of Medved and here to come out. It is just too much. If this was not Genocide, why were Bricker and the Dixiecrats so “intent” on passing the Bricker Amendment back in the 1950’s?
Best,
Ben
Michael Bazyler and I have included numerous chapters about slave labor and reparations in our recent book, Holocaust Restitution. I think Kevin is quite clearly correct about the use of slave labor and forced labor.
Working a person to death conduct does not show intent? Throwing people overboard routinely does not show intent? Treating people like animals does not show intent? All the specific conduct that is evidence of intent is explained away by the profit motive? Sorry folks. My problem is the inability to see this as a genocide after all this time. It’s not impossible that individuals involved in the slave trade did wish the destruction of the black race, but overall, the activities involved in the slave trade were not centered around the destruction of the people as a race. It does raise a question regarding genocide… does a charge of genocide require any intent on the individual level, or just organizational? It would seem Nuremberg established that mere lack of genocidal intent on an individual level was not a defense. What percentage of members involved in the slave trade would need to have genocidal intent to raise the entire trade to the level of genocide? Also, at the risk of derailing the topic at hand, wouldn’t the actual slave traders on the African side be more likely suspects for genocide? After all, they were the ones who waged war on their… Read more »
Ben, it seems you are right when you say that slavery should be considered as a form of genocide
I agree with Kevin and Roger on the use of forced labor and slave labor during the Holocaust. My problem was with the apparent willingness to “sweep under the rug” the slave trade.
I think that the nature of the black slave trade is so large a crime that many many actors in Africa, Europe and America and the states that supported them could be culpable of genocide.
I fail to see how wishing people to be considered draft animals for profit and the accompanying acts for the slave trade would not be genocide under a definition of destroying a people. This was a massive effort that depopulated areas of Africa. Playing one ethnic group off against another to gain advantage was part of this. There are no clean hands in this environment. Giving weapons to those who would give you more slaves to make them more powerful etc.
“Mere purchase of slaves” would seem to connote only the absolutely last step (the auction block in the New World) rather than all the steps before during and after the Middle Passage that make up the slave trade.
I have laid out my marker.
Best,
Ben
With respect to Benjamin Davis et al., the slave trade, an horrific crime in and of itself was not genocide. It was a large crime with many villains and actors in many locations, but that does not make it genocide. One can create a definition of genocide that includes the most grotesque oppression, but one could create a definition of horse that includes pigs. The term genocide in its standard usage does not encompass slavery.
The slave trade may have “depopulated areas of Africa”, but again, that’s not genocide.
As said above, the slave trade was its own kind of horrific crime, hardly capable of being exaggerated. But it wasn’t genocide. Nothing is added to its horror by shoe-horning it into genocide, and nothing is taken by leaving it in its own, bestial category.
It may have been worse, or not. I am not certain by what metric unit the stupendous suffering of one group is balanced against the stupendous suffering of another.
sean s.
Sorry for the double post; button-bounce. The site should not allow that.
sean s.
Sean, by it’s current definition, the killing for political reasons of a whole society is not genocide.
I took the liberty of pulling this off of the Rome Statute.
Tell me which one of those things listed was not done during slavery. Those are of course just “such as”.
Next, “intent to destroy, in whole or in part, a national, ethnical, racial or
religious group”
200 years of doing all five things there are not enough conduct to give proof of intent to destroy in whole or in part? You guys are in denial.
Helping and encouraging people to destroy their neighbors for the motive of profit sure seems like enough intent for me.
“Article 6
Genocide
For the purpose of this Statute, ‘genocide’ means any of the following acts
committed with intent to destroy, in whole or in part, a national, ethnical, racial or
religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.”
Best,
Ben
Benjamin; Clearly this is something you feel strongly about. Nevertheless, disagreeing about the TECHNICAL relationship between the Slave Trade and genocide is not equivalent to disparaging or minimizing the suffering of the victims of the Middle Passage, nor the survivors and their descendents. This is not personal; and should not become so. The statute of Rome you cite above does not help your argument. As evil as the Slave Trade was, (. . . and it was stupendously evil.) it was not “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.” It was done with the intent of acquiring and keeping slave laborers. At most one could find specific individuals acted with this intent, but not the broad category of slave traders. Their evil was great enough; there is no value in heaping more on the pile. Slaves were killed, they endured “serious bodily or mental harm”, they were transported, housed, and worked under often horrific conditions. But these acts were not carried out with the general intent of destroying any “national, ethnical, racial or religious group”; they were carried out to acquire and keep laborers at the lowest economic cost to… Read more »
Thank you for your response but with respect it does not answer the point. You are too generous to the broad category of slave traders and the governments/groups that by act and omission made the slave trade what it was. I suspect an article will have to be written somewhere and maybe in the TWAIL line to point this out. I will confer with persons with far greater expertise on the slave trade than I and come back to you if I have some illuminating information.
Best,
Ben
Benjamin,
I admit I cannot tell what is missing such that my response “does not answer the point”, but I will wait to see what further illumination you might return with. I do not think it is “too generous” to simply stick to the facts, that’s what I prefer to do. The facts are damning enough.
Take care,
sean s.
The argentine military vowed (in a public speech) to kill all drug users and all gays. That is intent. Yet, they did not kill anyone for that reason. Is that genocide???
cruz del sur;
No, it is not genocide. It is intimidation and if it is not a crime, it should be. But expressed intent with no overt act is not the same crime as expressed intent with the act. Such a threat is reprehensible, but it is not as bad as acting on the threat.
Would drug users and gays constitute a “national, ethnic, racial or religious group”? If the Argentine military had carried through on their threat, it would be mass murder; but would it be genocide? I don’t think it quite fits.
sean s.
It’s been a little hectic so sorry for taking this much time. First, we must think of the rule of contemporaneity as a friend over at ASILForum reminded me. I am not an expert on the state of international law at the time of slavery. I do know a little the English and French practice a bit in the early 1800’s. I would also have to look into that to see what was available that said it was unlawful – like after the English banned it in the early 1800’s with Lord Wilberforce as part of the state practice. Would have to see if there was enough of a general state practice accepted as law to see if it became unlawful as a matter of international law. Second, assuming we keep the thought experiment going with the current rule applied back then, the issue for all of you seems to be “intent to destroy” or “specific intent to destroy” and “in whole or in part”. Another friend in ASILForum pointed out the For such conduct to amount to genocide, it would have to fit within the definition contained in Article II of the Convention, which has been dutifully copied as… Read more »
Sean: First of all they did have the intent of klilling every single gay and drug user. That is a fact. What happened was that 1- the Carter administration intervened with the political killings, and 2- the Malvinas war, which ousted them. All they werre waiting was for the political genocide to be over. I see everybody is so hung up on “intent”. So, can somebody define intent. Second of all, the definition of genocide as racial, ethnic, and reliugeous killings is for one incomplete, and it is discriminating. There are countries (Spain with Pinochet who was indicted for Genocide, and Argentina recently convicted Etchecolaz in “a frame of genocide”, all for political killings). As a matter of fact, I believe that most countries in the world do accept political killings as a form of genocide. It is also surprising to me, that poitical genocide has been removed from it’s definition, since in the begining of the Holocaust the initial victims were ALL for political reasons. I would even contend that the Holocaust was facilitated because there was no longer an organized opposition. So, if we are going to ignore one type of victims oif the Holocaust, we might as… Read more »
Benjamin; Your friend is correct that regarding a past crime we must apply the law (international or otherwise) as it existed at the time of the crime. I am uninformed as to the status of international law during the Slave Trade, but given how prominent, open and notorious it was at the time, it’s hard to believe it was illegal too. It should have been, but it probably was not. Regarding “intent to destroy” and “in whole or in part”, yes; that is the crux of the matter. These are things that distinguish genocide from murder or other crimes. What does destroy mean? In the context of the phrase “intent to destroy, in whole or in part, a national, ethnic, racial or religious group” it clearly means to cause the group to cease to exist. Psychological and spiritual destruction do not “have to be” included here. It appears that you want to include these here, but I am not aware of any compelling NEED to do so. Regardless of how severe the psychological harm, it is survivable. Murder is not. This is a huge difference. You wrote “A slave trader may have been in it for profit but to have… Read more »
cruz del sur
Intent in law is (roughly) to have a criminal purpose in mind when one acts, “A determination to perform a particular act or to act in a particular manner for a specific reason; an aim or design; a resolution to use a certain means to reach an end.”
I don’t know if political killings are commonly regarded as genocide, I do know they are not in the Statute of Rome as it currently stands. I am not aware that it was ever included, much less removed. If it was removed, can you tell us when?
The critical thing is this: debating the technicalities of law is not the same as ignoring victims of crime. Whether a person was murdered in a political crime, a genocide or a mugging does not make their death more or less criminal. This is not about ignoring victims, it’s about trying to understand what the technical nature of the crime is.
sean s.
From Wikipedia
“The first draft of the Convention included political killings, but the USSR would not accept that actions against groups identified as holding similar political opinions or social status would constitute genocide, so these stipulations were subsequently removed in a political and diplomatic compromise.”
“…debating the technicalities of law is not the same as ignoring victims of crime.” I am arguing that those technicalities are ignoring many victims of the same type of crime. That is institutional discrimination (i.e. treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs rather than on individual merit)
Evidently I have a problem with such a narrow definition.
cruz del sur;
If the definition in question is broadened enough, we should stop calling it genocide and just call it mass-murder.
In your opinion, is there any significant difference between “genocide” and “mass-murder”?
Take care;
sean s.
Such a broadening would in fact narrow it because murder is only part of genocide. I am not attempting to broaden – I am attempting to make sure the words genocide match the thing genocide. My attention has been drawn to this work which I shall commend to you on the subject. SUPPRESSION OF THE AFRICAN SLAVE TRADE by W.E.B.DuBois. by Professor Wendy Scott On the contemporaneity point, my attention has also been drawn to the following by Jordan Paust “Genocide was created as a crime in 1948, although the treaty stated that genocide “is” a crime and a G.A. res. did as well (e.g., already a crime). In U.S. history, President Jefferson’s 2nd Annual Message to Congress, a formal statement, recognized the slave trade as a violation of “human rights” engaged in by private perpetrators. In a federal court in 1859 the slave trade as such was recognized as a crime under customary international law. U.S. legislation had long criminalized the conduct, which was addressed in the 1860 case of United States v. Haun (Justice Campbell on circuit). The Amistad (use of international law as an interpretive aid to interpret a treaty with Spain to conclude that human beings… Read more »
Benjamin, Perhaps I am fooled by the suffix –cide, as in homicide, suicide, etc. If genocide becomes more than some form of mass murder, if it’s extended to every assault on the integrity of individuals, then the word will be broadened to the point of being meaningless or redundant. Certainly genocide would cease to be an outrageous or extraordinary crime. So let me approach this from the other end. Can you tell me under what circumstances intentional acts including (a) Killing; (b) Causing serious bodily or mental harm; (c) Deliberately inflicting conditions of life calculated to bring about physical destruction; (d) Imposing measures intended to prevent births; (e) Forcibly transferring children. would NOT be genocide? Please remember that EVERYONE is the member of some group. What is the threshold number of victims to constitute genocide? What relationships can the victims have to each other and yet not be the victims of genocide? As an example, cruz del sur believes that shared political beliefs would be sufficient to establish genocide; do you agree? It is essential to establish what is not genocide, because if every violent misbehavior is genocide, then genocide becomes nothing more than a synonym for violent crime in… Read more »
The point I am trying to make is that (b)of your list “Causing serious bodily or mental harm” is not murder. So genocide can not be equivalent to mass-murder. Genocide is more than mass murder not reduced to mass murder.
Best,
Ben
“As an example, cruz del sur believes that shared political beliefs would be sufficient to establish genocide”
It’s not just me. Aside of those who initially drafted the convention ( USA, England, France, and China) you can also include Spain, Argentina, Belgium, probably Germany and Holand.
Now let me say this: The “intent” of killing the slaves was always there, as soon as slavery was outlawed. I guess I would say it was “latent” but nevertheless it was there. As soon as one of the ships risked being caught, they knew knew that they had to get rid of everyone so as to 1) get rid of the “proof” and 2) to make the boat lighter and faster. So Intent was there.
Benjamin; I have to give this to you, clause (b) does support your position. However, the Law of Unintended Consequences applies universally. Clause (b) applies the term genocide to acts in which no one is physically injured (much less killed); combining that with your relaxed definition of “destroy” converts genocide into a euphemism for “felony”; which trivializes it. Felonies are serious crimes, but by making genocide a broader term, the Statute would make it a lesser offence. The extremity, the outrageousness of genocide is removed; it becomes merely a class of crimes, ranging from non-violent intimidation up through murder. Was Slave Trade then a “genocide”? under this relaxed definition, yes. But . . . under the relaxed definition of “genocide”, one could argue that the American Civil Rights Struggle was a “genocidal act”. It’s intent was to destroy (psychically) a people (Southern racist whites) by the infliction of serious mental harm (so those Southerners will say). You might object to this as a misapplication of “genocide” but it fits the definition you espouse. I know you don’t intend that to be so; which is why I referred to the Law of Unintended consequences. One could also assert that the Civil… Read more »