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Holocaust Denial on Trial, Appeal Judgment: Electronic Edition, by Lord Justice Pill

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Himmler's speeches of 6 October 1943 and 5 and 24 May 1944

85. It was common ground that in these speeches Himmler was speaking with remarkable frankness about the murder of the Jews and that, with effect from October 1943, it had to be conceded that Hitler cannot have been ignorant of the extermination programme. In the second speech, referring to the Jewish question, Himmler referred to carrying out "the soldierly order" and in the third speech to "orders" and to his "sense of duty". The respondents' case was that the speeches provided powerful evidence that Hitler ordered that the extermination of the Jews should take place. In Hitler's War (1977), the applicant commented on the reference to a "Fuhrer Order" in the speech of 5 May and stated that "there is reason to doubt that he [Himmler] showed this passage to his Fuhrer". The judge described this suggestion as "fanciful" and regarded the absence of any mention of the speech in Hitler's War (1991) as "another culpable omission". We agree with the judge's conclusions on this issue.