Irving v. Lipstadt
Holocaust Denial on Trial, Appeal Judgment: Electronic Edition, by Lord Justice PillTable of Contents
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Deportation and murder of the Roman Jews in October 1943
83. The issue on this point is a narrow one. The SS Chief in Rome received an order to transfer 12,000 Roman Jews to Northern Italy where they would be liquidated. The matter was referred to Hitler's headquarters and the order came back that these Jews were to be taken to a concentration camp in upper Italy named Mauthausen to be held there as hostages rather than be liquidated as had been ordered by Himmler. In Hitler's War (1977, p 575) the applicant said of this that "again Hitler took a marginally 'moderate' line". The judge held (13.45) that since the Roman Jews were to be at the mercy of the SS, it was "specious for Irving to argue, as he did, that Hitler's intervention was for the benefit of the Roman Jews". The judge added that it was "a culpable omission on Irving's part not to inform his readers that these Jews were ultimately murdered". The Court was told that a statement that they had been "liquidated" was included in the 1977 edition but omitted in the 1991 edition.
84. In isolation, we do not consider this finding to be of the greatest significance but it does assist in establishing the pattern alleged by the respondents of the applicant portraying Hitler as sympathetic towards the Jews. The word "moderate" is a curious one in circumstances in which Jews were to be held by the SS, especially in the context of the 1991 edition in which the reference to the liquidation of the Jews is omitted.