Between Grief and Grievance: Memories of Jews in France and the Klaus Barbie Trial

Transcription

1 humnities Article Between Grief Grievnce: Memories Jews Frnce Klus Brbie Tril Michel G. Leve Germn, Russin, Est Europen Lnguges Litertures, Rutgers University, New Brunswick, NJ 08901, USA; Received: 21 September 2017; Accepted: 14 November 2017; Published: 21 November 2017 Abstrct: Workg Amos Giti film One Dy You ll Underst (2008) 1987 Klus Brbie tril gst it is set, rticle explores how tril mrked decisive turng pot Frnce s reltionship its wrtime pst. Of Brbie s hundreds crimes, cludg murder, rture, rpe, deporttion, only those grvest nture, 41 seprte counts crimes gst humnity, were pursued court Lyon. Not only did tril rise crucil juridicl questions volvg sttus victims defition crimes gst humnity but, extendg privte spe, it becme occsion for citizens ddress efore silenced spects ir own fmily hisries conduct trils more personl nture. Wes lw generl seeks cont hisricl trum trnslte it legl-conscious termology, it is ten trum tht tkes over, trnsformg tril nor (Freud) n unmstered pst is unwittgly repeted unconsciously cted out. Such filures trnsltion, fr beg simply legl shortcomgs, open spce grief grievnce, one through it is possible explore both how fmily secrets re disowned one genertion next, how deeply flwed legl proceedgs such s Brbie tril my relese ccumulted socil xs (Kpln) reby expose unddressed dimensions postwr ( -colonil) hisry. Keywords: Klus Brbie Tril; literry justice; crimes gst humnity; testimony; trumtic flshbck; -Jewish memory; unconscious trnsmission; resistnce; filmg trils It ws not sry pss on Toni Morrison, Beloved Much work hs been done recent yers primrily by legl scholrs on vexed reltionship trocity crimes legl response. While deeply debted work, I tke s my own pot deprture Shoshn Felmn s pth-brekg book The Juridicl Unconscious: Trils Trums Twentieth Century, published 2002, stresses not only questions jurisprudence but unwittg repetition hisricl trum surprisgly unconscious dimension legl proceedgs mselves. In openg pges study, Felmn describes dynmic trils trum followg terms: The lw tries cont trum trnslte it legl-conscious termology, thus reducg its strnge terruption. Uncnnily, however, while lw strives cont trum, it ten is fct trum tht tkes over whose surreptitious logic end reclims tril... A pttern emerges tril, while it tries put n end trum, dvertently performs n ctg out it. Unknowgly, tril thus repets trum, reencts its structures... [L]ike society itself despite its conscious frmes rtionl foundtions, lw hs quite conspicuously remrkbly its own structurl (pressionl) unconscious (Felmn 2002, p. 5). Humnities 2017, 6, 93; doi: /h

2 Humnities 2017, 6, For Felmn, it is ten moments collpse juridicl proceedgs tht re most tellg; for y give us surprisg orwise unvilble ccess unconscious dimension those trils. A cse pot is redg prosecution Adolf Eichmnn she focuses on moment subsequently screened over over on Isreli television like trumtic flshbck when witness Yehiel Dur lso known by his pen nme, K-Tzetnik suddenly flls silent lpses com on witness st. It is moment when witness feels himself rn his two nmes identities, his plce mong livg his vision himself still mong ded dyg. Elizbeth Rottenberg elbortes on significnce such moments collpse filure, notg tht wht y pot sr s y prove be moments legl conceptul brekthrough is rdicl form humn grief. Although Eichmnn Simpson trils exmed by Felmn re, Rottenberg s words, both concerned trnsltion grief grievnce, jurisprudentil drm se cses is wht flly succeeds testifyg n byss mourng n byss literry justice cn, end, ber witness (Rottenberg 2004, pp ). In wht follows, I explore reltionship grief grievnce bove ll cert filure trnsltion by two my be lked. I do so through n exmtion Amos Giti (2008) film One Dy You ll Underst [Plus trd, tu comprendrs], 2005 memoir by Jérôme Clément on it ws bsed, 1987 Klus Brbie tril gst it is set. While complex reltionship film memoir not mention screenply co-written by Clément book, Mtennt je sis, he would lter write bout mkg film deserve considertion ir own right, I wish note t pot surprisg bsence ny mention Brbie tril or even Mrcel Orphuls documentry Hotel Temus: The Life Times Klus Brbie Clément s origl memoir. The bsence is surprisg given works Clément, former direcr Centre ntionl de cémgrphie founder fluentil television network ARTE, does discuss; se clude Renis Night Fog, Eichmnn tril, Lnzmnn s Shoh, Pxn s book on Vichy, Ophuls The Sorrow Pity, Chirc s lmrk 1995 ddress delivered on nniversry Vel d Hiv round up, estblishment 1999 Reprtions Commission, 1 ugurtion 2005 Wll Nmes t Mémoril de l Shoh Pris. Only when writg screenply does Clément thk clude tril. As he reclls his book bout mkg film, it ws visit 2005 children s home Izieu, orphnge Brbie hd rided 1944, roundg up Jewish children he found re sendg m ll ir deth Auschwitz, tht first prompted Clément reflect on turng pot postwr memory represented by Brbie tril. As tril judge, Pierre Truche, himself expled Clément durg his visit Lyon: You hve underst wht decisive yer 1987 ws terms Frnce s reltion its wrtime pst. For it ws tht yer tht we first relized tht Klus Brbie ws responsible not only for sssstion Jen Moul, o Resistnce, but lso for murder Jewish children. Wht Brbie tril brought light ws just how centrl extermtion Jews ws Nzi regime. [Trns. me] (Clément 2008, p. 280). It ws new understg hisry tht prompted Clément lter his memoir when dptg it for screen. Wes memoir begs deth his mor June 1996 is conceived very much s work mourng, film opens My 1987 mor still very much live Brbie tril its eighth dy. In first mor ppers, lst prt is crefully constructed s one long tke, we see become cresgly engrossed, lmost gst will, Brbie tril beg brodcst live on television. 1 L Commission pour l demnistion des victimes de spolitions tervenues du fit des législtions ntisémites en vigueur pendnt l Occuption (CIVS).

3 Humnities 2017, 6, Humnities 2017, 6, Recenterg origl sry wy, film drws ttention ct witnessg both cresgly engrossed, will, witnessg Brbie tril beg on testimony given lmost coursegst tril brodcst tril by live public. television. To mke se two relted forms witnessg le up, film tkes cert liberties hisricl Recenterg origl sry wy, film drws ttention ct witnessg record, gog so fr s corporte rchivl footge tril first mde vilble public only both testimony given course tril witnessg tril by public its nrrtive. Thus, unless one knows better, one hs impression wtchg film To mke se two relted forms witnessg le up, film tkes cert liberties tht contemporry udiences cludg, course, protgonist s mor hd fct been ble hisricl record, gog so fr s corporte rchivl footge tril first mde vilble wtchpublic tril proceedgs live on television only 2007 its nrrtive. Thus, unless one knows better, one hs impression Why would hvecontemporry resorted cemtic sleight h? perhps mor order drw wtchg Giti film tht udiences cludg, course,ws it protgonist s hd ble politics wtch tril live on ttention fct been brodcst proceedgs times, mtter television we will turn moment? Or ws would Giti hve resorted centrl cemtic sleight conceit h? Ws it perhps order hs it simply Why wy drwg ttention nrrtive film? Tht conceit drw ttention brodcst politics times, mtter we will turn moment? Or do terction privte public tribunls, implicit connection drwn ws it simply wy drwg ttention centrl nrrtive conceit tfilm? Tht conceit film trils conducted behd closed doors mny homes time hs highly do terction privte public tribunls, implicit connection drwn publicized, highly politicized tril norious Butc Lyon. film trils conducted behd closed doors mny homes t time highly With regrd brodcst politics Brbie tril, it should be noted tht, s publicized, highly politicized tril norious Butc Lyon. Nuremberg Eichmnn, proceedgs stgedtril, serve be ends tht, both s justice With regrd brodcst politics were Brbie it should noted didctic leglity. Explg twold gend, legl scholr, Lwrence Dougls, reclls how Nuremberg Eichmnn, proceedgs were stged serve ends both justice didctic government described Brbie pedgogicl words leglity. Explg twold gend, prosecution legl scholr,s Lwrence Dougls, tril, reclls how government described Brbiewould prosecution s pedgogicl tril, words Prime Prime Mister Pierre Muroy, first enble justice doits work, second,... Mister Pierre Muroy, would first enble justice do its work, second,... honor honor memory tht time grievg struggle by Frnce preserved honor memory pp. tht ). time grievg furr struggle by Frnce preserved honor (Dougls 2001, (Dougls 2001, Dougls notes tht Mister Communictions Georges Filoud pp ). Dougls furr notes tht Mister Communictions Georges Filoud proposed proposed brodcstg tril live on television, somethg out precedent nnls brodcstg tril live on television, somethg out precedent nnls brodcstg. Although Filoud s proposl ws ultimtely rejected, cmers were present brodcstg. Although Filoud s proposl ws ultimtely rejected, cmers were present Lyon Lyoncourtroom not courtroom notshow show tril live on television but record it for posterity, s Prliment tril live on television but record it for posterity, s Prliment 2 pssed lw lw permittg filmg importnt for hisricl hisriclpurposes. purposes. 2 pssed permittg filmg importnt trils trils for As noted erlier, rchivl mdevilble vilble 2007, twenty yers As noted erlier, rchivlfootge footgews ws first first mde 2007, twenty yers fterfter fct, ws used by Giti udience is first troduced protgonist s fct, ws used by Giti udience is first troduced protgonist s mor, plyed by comprble JenneMoreu Moreu (see mor, plyed by comprble Jenne 1). 1). 1.1.Testimony Testimony Le LeKtz. Ktz. 2 See (Dougls 2001, pp ); see lso (Rousso See2 (Dougls 2001, pp ); see lso (Rousso 1991, p.1991, 201).p. 201).

4 Humnities 2017, 6, Humnities 6, 93 be sid bout bout wy it grdully shifts listeng 4 12 Te is 2017, much viewg; bout pot SS dgger its strtegic plcement on mntelpiece; bout Te is much be sid bout bout wy it grdully shifts listeng reltionship womn itstril one witnessg it home; viewg; bout pot testifyg SS dgger strtegic plcement on mntelpiece; boutbout pful connection words wounds;, course, bout content prticulr reltionship womn testifyg tril one witnessg it home; bout testimonil excerpt. But becuse it is words possible context rticle bout focus on sttic imges pful connection wounds;, course, only content rrprticulr thn ontestimonil entire cemtic I pss se consider sted excerpt.s, But becuse it isover possible prticulr context issues rticle focus only on imges rr thn on entire cemtic s, pss over se prticulr issues consider moresttic generl nrrtive structurl significnce I. sted more generl significnce. It is no exggertion nrrtive sy tht structurl film rems stuck on moment Brbie tril; for It is no exggertion sy tht film rems stuck on moment Brbie tril; testimony, for next, no longer set mor s home but sted son s fice, sme next, no longer set mor s home but sted son s fice, sme testimony, tht Le Ktz, n eyewitness norious roundup Jews t UGIF on 9 Februry 1943, tht Le Ktz, n eyewitness norious roundup Jews t UGIF on 9 Februry 1943, is is brodcst once g. This time, however, testimony is d on rdio sted beg seen brodcst once g. This time, however, testimony is d on rdio sted beg seen on television (see(see 2). 2). on television 2. Rdio Brodcst Ktz Testimony. 2. Rdio Brodcst Ktz Testimony. If film moves plce t prticulr stnt, it does so for two relted resons: first, If film moves plce t prticulr stnt, it does so for two relted resons: first, order order underscore significnce cert moment tril pprent difficulty underscore significnce cert moment tril pprent difficulty gettg gettg beyond it; second, order stress simultneity two s witnessg beyond it;tkg second,plce order stress se simultneity effectively two s witnessg or. tril. So Tkg tril. t sme time, s re set dilogue ech plcenot t sme time, se s re effectively set dilogue ech or. So not only do we only do we see mor son, ech followg tril or his own wy, become see mor son, ech followg tril or his own wy, become cresgly implicted cresgly implicted it, but we lso see ntionl wounds lid bre by proceedgs see t Bstienwounds fmily, fr s ws Ctholic, mor s Jewish. it, openg but we t lso ntionl lid bre side by proceedgs openg t t As fmily, se wounds open, ws tril itself shifts privte spe sonwounds now cspen, Bstien fr s side Ctholic, mor s Jewish. As se role exmg mgistrte mor role witness. does son seek tril itself shifts privte spe son nowonly cstnow role exmg brek silence his mor hd scrupulously mted sce wr bout deporttion his mgistrte mor role witness. Only now does son seek brek silence prents, fte ir possessions, own reltion thgs Jewish. mor hd scrupulously mted sce wr bout deporttion prents, fte As one might imge, tril conducted fmily hs very different ne tht ir possessions, own reltion thgs Jewish. ficil proceedgs. Wes ltter, witnesses were subjected tense questiong As one might imge, tril conducted fmily hs very different neput ten hostile cross-exmtion; judges were judged legl system itself ws on tht tril ficil proceedgs. Wes ltter, witnesses were subjected tense questiong by rdicl defense trney Jcques Vergès; very defition crimes gst ten hostile judges wereresons judgedhvg legl system itself ws put humnity wscross-exmtion; ltered for questionble politicl do sttute limittions on wr crimes, clims Resistnce groups, government shield itself on tril by rdicl defense trney Jcques Vergès; need very defition crimes gst prosecution for crimes committed durg Algerin wr; Bstien fmily, everythg humnity ws ltered for questionble politicl resons hvg do sttute limittions on proceeds utmost exmer witness dnce gently round ech or. sonitself wr crimes, clims civility. Here, Resistnce groups, need government The shield sks, mor deflects, never exctly refusg nswer, just not now, plus trd. prosecution for crimes committed durg Algerin wr; Bstien fmily, everythg As title suggests, is film bout time understg, bout wys proceeds utmost civility. Here, exmer witness dnce gently round ech or. The son two never quite cocide. While comprehension seems be wht is promised, tht promise is never sks, exctly mor deflects, never exctly refusg nswer, just not now, plus trd. kept nor, for tht mtter, ever simply broken. Insted, it is kept only extent tht it is As title suggests, is film bout time understg, bout wys two never quite cocide. While comprehension seems be wht is promised, tht promise is never

5 Humnities 2017, 6, exctly kept nor, for tht mtter, ever simply broken. Insted, it is kept only extent tht it is kept open, kept stte beynce. This is side-steppg dnce deferrl tht mor son, Humnities 2017, 6, locked n dversril embrce, perform. As two turn round ech or, skg evdg, film itself turns circles. For long kept open, kept stte beynce. This is side-steppg dnce deferrl tht mor time, it doesn t seem go nywe yet one feels son s mountg frustrtion, his desire son, locked n dversril embrce, perform. probe held check not just by his mor s resistnce but by his own tuitive sense just how As two turn round ech or, skg evdg, film itself turns circles. For long fr hetime, cnitgo. Needless go sy, more more tense hishis desire doesn t seem nywe he yetrestrs one feelshimself, son s mountg frustrtion, desireknow becomes. film slowly mountg The irsense rooms probe Indeed, held check not just by hisfills mor s resistnce but bytension. his own tuitive closed just how fr fmily s Prisin prtments more fct becomes so thick, so sturted lgerg he cn go. Needless sy, he restrs himself, more tense his desirequestions know evsive responses, tht chrcters seen opengthe wdows gspg ir. becomes. Indeed, film slowly fillsre repetedly mountg tension. ir closed roomsfor fmily s Prisin prtments fct becomes so thick, so sturted lgerg questions As tension both se chrcters builds, pce film creses, evsive responses, tht circles chrcters re repetedly openg wdowsnot surprisgly, gspg for ir. turng ever tighteng wrds itsseen center. Tht center is mrked, by nor Asbefore tension both ses chrcters builds, pce film creses, dnce. Yet, comg it, Jérôme or Vicr he is now clled Giti s film must himself turng ever tighteng circles wrds its center. Tht center is mrked, not surprisgly, by perform number crefully choreogrphed preprry steps volvg progression writg nor dnce. Yet, before comg it, Jérôme or Vicr s he is now clled Giti s film must spekg physicl movement s though questions ccumultg him hd effect himself perform number crefully choreogrphed preprry steps volvg progression mobilizg his energies literlly though motion. Thus, ccumultg first hlf film, we see writg spekg settg physiclhim movement s questions him him move successively ppers scttered cross his desk like disordered fmily hisry hd effect mobilizg his energies settg him literlly motion. Thus, first hlf he is tryg despertely sort series verbl exchnges hishis mor tht godisordered nowe, film, we see him moveout, successively ppers scttered cross desk like cr trip he tkes wifedespertely children out, Slvic wehe hs exchnges rrnged meet myor fmily hisry he ishis tryg sort series verbl his mor tht nowe, cr trip he tkeswn his wife Slvic wehd he hs rrnged meet gosmll southwestern hischildren Jewishgrprents been hidden. wixchnge myor smll wn his Jewish grprents hd been The southwestern two men strts slowly s myor, five-yer-old boy t time he hidden. knew Vicr s grprents, begs tell ir sry. The ccount commences pst tense The exchnge two men strts slowly s myor, five-yer-old boy t time yet s memories recounted strt overtke speker he switches present. The presence he knew Vicr s grprents, begs tell ir sry. The ccount commences pst tense pst is t its most tense when two men rech room grprents hd been yet s memories recounted strt overtke speker he switches present. The hidden. Here, n end s Vicr bruptly myor, skg be left presence nrrtion pst is t itscomes most tense when two men rech dismisses room grprents lonehd forbeen moment room. hidden. Here, nrrtion comes n end s Vicr bruptly dismisses myor, skg Nowe is question witnessg posed more highly chrged or unsettlg be left lone forfilm moment room. Nowe moment film isvicr question witnessg posed wllpper, more highly chrged or unsettlg wy. For t very uches piece peelg it turn uches f kd wy. For t very moment Vicr uches piece peelg wllpper, it turn uches f kd explosion him (see 3). Or be more precise, wht explodes re disembodied memories, explosion him (see 3). Or be more precise, wht explodes re disembodied memories, memories belongg no one, memories no one person seems ble grsp. They re memories, memories belongg film no one, memories nohve one person seems ble grsp. They over not re memories, visul lnguge suggests, tht been wlled up ppered only visul lnguge film suggests, tht hve been wlled up ppered over not only room itself but Bstien Gornick fmily society generl. These memories now room itself but Bstien Gornick fmily society generl. These memories now explode on like trumtic flshbck. Suddenly, we re trnsported bck pst explode on like trumtic flshbck. Suddenly, we re trnsported bck pst nor dnce is beg performed. nor dnce is beg performed Peelg Peelg Wllpper. Wllpper.

6 Humnities 2017, 6, Humnities 6, 93 mor son t begng film, one volvg 6 12 Like 2017, dnce Vicr s Humnities 2017, 6, grmor grfr begs slowly, gently, lovgly (see 4). The two look deeply Like dnce mor son t begng film, one volvg Vicr s eyes dnce mor sontime t begng music film, quietly one volvg Vicr s ech Like or s sthough for lst while fmilir plys bckground. grmor grfr begs slowly, gently, lovgly (see 4). The two look deeply grmor grfr begs slowly, gently, lovgly (see round 4). The two look deeply Yet, s music speeds up, dnce prtners turn ever more rpidly ech or ech or s eyes s though for lst time while fmilir music plys quietly bckground. echbecomes or s eyes s though for lst time while fmilir music plys quietly cuts bckground. ction itself hrder hrder for udience follow. The film cresg Yet, s music speeds up, dnce prtners turn ever more rpidly round ech or Yet, s music speeds up, dnce prtners turn ever morenimls, rpidly round echwho orhve come rpidity side out, Jews, cged ction itself becomes hrder hrder hidden for udience follow. The filmthose cuts cresg ction itself becomes hrder hrder for udience follow. The film cuts cresg hunt rpidity m down. As chos, terror, pnichidden spred,jews, sense nimls, visul disorienttion compounded side out, cged those whoishve come by rpidity side out, hidden Jews, cged nimls, those who hve come hunt m down. As chos, terror, pnic spred, sense visul disorienttion is compounded ever-cresg levels coustic terference. The fmilirity lnguge quickly gives wy hunt m down. As chos, terror, pnic spred, sense visul disorienttion is compounded by ever-cresg levels coustic terference. fmilirity lnguge quickly defeng gives confusion ngues, bbble thtthe its turn distegrtes pure, lmost by ever-cresg levels lguistic coustic terference. The fmilirity lnguge quickly gives wy confusion ngues, lguistic bbble tht its turn distegrtes pure, lmost noise.wy At center wrenchgly violent its overwhelmg chos, confusion ngues, lguistic bbble tht t its turnheight distegrtes pure, lmost defeng noise. At center wrenchgly violent t height its overwhelmg ll udience seesatis grvel under foot. All it s overwhelmg snes, firg defeng noise. centercrushed wrenchgly violent ist grdg height its chos, ll udience sees is grvel crushed under foot. All it s is grdg snes, chos, udience sees is grvel crushed under foot. All it s is (see grdg 5). snes, guns, llgrowlg dogs, coent brkg comms Wht begn firg guns, growlg dogs, coent brkg comms (see 5). Wht firg couple s guns, turng growlg dogs,quickly ccelertes coent brkg comms (see 5). Wht slowly s embrce vertigous dnce deth. begn slowly s couple s turng embrce quickly ccelertes vertigous dnce deth. begn slowly s couple s turng embrce quickly ccelertes vertigous dnce deth. 4. Dnce. Dnce. 4. Dnce. 5. Roundup Slvic. 5.5.Roundup Roundup Slvic. Slvic.

7 Humnities 2017, 6, This is ded center film, vortex its vrious perspectives collpse. While shifts wy snes beg crushed underfoot, sound ir7 12 Humnities 2017, 6,eventully 93 cltterg rems udience s ers, becomg prticulrly resonnt lter memoril snes re subject converstion Vicr s sister his wife. Christins put This is on grves, ded one center film, vortex its vrious perspectives collpse. flowers tells or, while Jews plce snes memory ir yers werg desert, itshifts is sid,wy snes served s snes pth mrkers, uchsnes, s pots de repère; While desert. Ineventully beg s crushed underfoot, sound were rems wy get one s bergs. ers, becomg prticulrly resonnt lter ir y cltterg udience s Berg md, us return n erlier, closely relted Christins question put memoril snes re subject letconverstion Vicr s sisterone his wife. Jewish mourng is lredy posed. In it, Rymonde or Rivk s she is now clled tkes own flowers on grves, one tells or, while Jews plce snes memory ir yers werg grchildren syngogue on Yom Kippur, dy on, she tells m, Jews remember ir desert. In desert, it is sid, snes served s pth mrkers, s uchsnes, s pots de repère; ded (see 6). The is prticulrly poignnt sce we hve just lerned tht Rivk is self y were wy get bergs. ftllyill. Indeed, t one s pot she tkes grchildren syngogue for first lst time, Berg md, n erlier, closely relted one bout question she is positioned t once s onelet us return mourners s someone who is self be mourned. Jewish mourng is lredy posed. In it, Rymonde or Rivk s she is now clled tkes Stg sense livg ded, Rivk performs strikgly equivocl ct. For own t moment, wht she psses on Kippur, grchildren, rr grson, is remember yellow str ir grchildren syngogue on Yom dy onor, she tells m, Jews juif Jews Frnce hd been mde wer.just lerned tht Rivk is self ded mrked (see 6). The is occupied prticulrly poignnt sce wehve How re we underst trnsmission? Wht is beg pssed on?first It is lst first time, ftlly ill. Indeed, t pot she tkes grchildren syngogue for time Rivk cknowledges grchildren tht she is Jewish, dog so plce symbolizg she is positioned t once s one mourners s someone who is self bout be mourned. survivl Jewish life Frnce view n Isreli urist poster hngg conspicuously Stg sense livg ded, Rivk performs strikgly equivocl ct. For t bckground. Yet, locus Jewish survivl is plce tht seems hve no or plce life moment, wht she psses on grchildren, or rr grson, is yellow str is perhps why she only first enters it children t time when she self is no longer mrked Jews quite occupied Frnce been mde wer. fullyjuif mong livg, nor yet mong hd ded. Syngogue. 6.6.Entrnce Entrnce Syngogue. HowSurvivl re we e underst trnsmission? beg pssed on? It is first no longer mens simply outlivg or livg Wht beyondisbut is ssocited sted time Rivk cknowledges grchildren tht she is Jewish, dog so plce symbolizg liml spce disjoted time tht exceeds very opposition life deth. It is survivl Jewish life on Frnce view n Isrelot urist threshold survivl Rivk will hve verged just tposter endhngg but over conspicuously lst forty yers. It is plce ny or, nosurvivl plce she hvetht keptseems secret nothve only no ors but bckground. Yet, unlike locus Jewish is will plce or plce self, isplce through fmily secrets willithve been pssed. When end Rivk is no life perhps why she only first enters secretly children t time when she self gives mong grchildren Jewish stryet she mong hd been mde wer, sign for belongg longer fully livg, nor quite ded. 3 excluded hisry, she lso psses on own beyond secret, uncknowledged grief. Survivl e no longer mens simply outlivg or livg but is ssocited sted liml spce disjoted time tht exceeds very opposition life deth. It is threshold survivl on Rivk will hve verged not just t end but over lst forty mong ny mourners self bout she be mourned, shekept is neir simply subject norors object but yers.3 ItPositioned is plce unlike or, no plce will hve secret not only grief but more limlly mbiguously crrier. self, plce through fmily secretsitswill hve secretly been pssed. When end Rivk gives grchildren Jewish str she hd been mde wer, sign for belongg excluded hisry, she lso psses on own secret, uncknowledged grief.3 3 Positioned mong mourners self bout be mourned, she is neir simply subject nor object grief but more limlly mbiguously its crrier.

8 Humnities 2017, 6, Humnities 2017, 6, Elsewe life, grief seems be sred evoctive tht fill prtment Elsewe life, grief seems be evoctive thtfill possession prtment (see (see 7). Yet, strngely enough, no one sred m ever ppers sty for very 7). Yet, strngely enough, no one m ever ppers sty possession for very long, long, s though purpose ir cessnt exchnge were express pssg those she though ir cessnt were ceseless express pssgprolong those she couldech not new couldsnot hold onpurpose, grieve echexchnge exchnge ir pssg, hold on, grieve ech exchnge ir ceseless pssg, prolong ech new del 4 Commentg on his mor s behvior, Clément observes his memoir, del endless grievg. endless grievg. 4 Commentg on his mor s behvior, Clément observes his memoir, Toujours cheter, vendre, mrc. Plus pour le geste que le résultt [ To lwys be buyg, Toujours cheter, vendre, mrc. Plus pour le geste que le résultt [ To lwys be buyg, sellg, brgg. More forfor gesture (Clément2008, 2008, 188). sellg, brgg. More gesturethn thn result ] result ] (Clément p. p. 188). 7.7.Preprtion Preprtion for forauction. Auction. Inend, end, come thtititisisnot notso so much much Rivk s grief s s secret wy wy grievg In we we come seesee tht Rivk ssecret secret grief secret grievg tht psses compulsively repeted gestures genertions. Thus, upon demise, Jen, like Jen, tht psses compulsively repeted gestures genertions. Thus, upon demise, his mor, mor, prepres uction. Or s reflects his memoir, Flement, en like his prepresfor fornor nor uction. OrClément s Clément reflects his memoir, Flement, remettnt ces objets en vente, je les rends à leurs desttion itile. Ils pssent de m en m. en remettnt ces objets en vente, je les rends à leurs desttion itile. Ils pssent de m en m. C est bien si, je n en i été que le proprietire momentné [ Flly puttg se up for C est bien si, je n en i été que le proprietire momentné [ Flly puttg se up for sle I m returng m ir origl desttion. They pss h h. It s good sle Iwy. m returng m ir origl desttion. They pss h h. It s good wy. I ws never morethn temporry owner ] (Clément 2008, p. 226). I ws never more thn temporry owner ] (Clément 2008, p. 226). Giti tkes movement circultion exchnge one step furr. Movg beyond Giti tkes movement circultion tke exchnge step furr. uctions mor son ech turn prt, heone dds fl Movg set t beyond CIVS estblished 1999 by recognition responsibility set deporttion uctions mor songovernment ech turn tke prt, heitsdds fl t CIVS murder Durg his ppotment t commission, Vicr sees price beg estblished 1999 by Jews. government recognition its responsibility deporttion plced oneverythg his mternl hd once Yet, rr thn feelg justicebeg murder Jews. Durggrprents his ppotment t owned. commission, Vicr seestht price is now flly beg tht grprents sry hishd mor s fmily, kept secret for close plced on everythg hisserved, mternl once side owned. Yet, rr thn feelg tht justice sixty yers, is now beg publicly ired ficilly ddressed, Vicr seems only feel cresgly is now flly beg served, tht sry his mor s side fmily, kept secret for close uncomfortble, nxious overwhelmed (see 8). sixty yers, is now beg publicly ired ficilly ddressed, Vicr seems only feel cresgly uncomfortble, nxious overwhelmed (see 8). 4 This is contrst Proustin view memory rticulted followg fmous pssge Swn s Wy: The pst is hidden somewe outside relm [ voluntry memory], beyond rech, tellect, some mteril object... we do not suspect. And s for tht object, it depends on chnce w we come upon it or not before we ourselves must die (Proust 2003, p. 59). 4 This is contrst Proustin view memory rticulted followg fmous pssge Swn s Wy: The pst is hidden somewe outside relm [ voluntry memory], beyond rech, tellect, some mteril object we do not suspect. And s for tht object, it depends on chnce w we come upon it or not before we ourselves must die (Proust 2003, p. 59).

9 Humnities 2017, 6, Humnities 2017, 6, Humnities 2017, 6, CIVS. CIVS. Wes uctions, memory-filled were circultion, ee it is itmemories Wes uctions, memory-filled wereplced plced circultion, is memories 8. CIVS. preserved ficil documents tht re lost lmost s quickly suddenly s y re preserved ficil documents tht re lost lmost s quickly suddenly s y evoked. re evoked. Indeed, Vicr overwhelmed notso somuch much by were se fleetg mselves s bysir Wes seems uctions, memory-filled memories circultion, e it is memories Indeed, Vicr seems overwhelmed not by seplced fleetg memories mselves by ir flight rpid ir brupt pssg those he never knew s preserved succession, ficil documents thtpssge re lostconjurg lmost s quickly suddenly s y reexcept evoked. flight rpid succession, ir brupt pssge conjurg pssg those he never knew except s ghosts his mor s prtment.not The speed t se memories pss is itself Indeed, Vicr seems overwhelmed sodisorientg much by se fleetg memories mselves s by ir ghosts his mor s prtment. The disorientg speed t se memories pss is itself evoctive erlier grprents rrest. Aspssg noted bove, less knew discrete flight rpid succession, ir brupt pssge conjurg those he is never except s evoctive erlier quickly grprents rrest. As noted bove, isless film discrete thnghosts vertigously fst-pced, cutdisorientg montge, less memory nyse chrcter pss ble his mor s prtment. The speed t memories isisitself thn evoctive vertigously fst-pced, cut montge, lessas memory ny chrcter film is ble ccess thn sudden explosion memory frgments. Itisnoted trumticlly shttered still erlier quickly grprents rrest. bove, is less discrete ccess thn sudden explosion brupt memory frgments. is never trumticlly shttered shtterg fst-pced, prents pssg thtless It mor witnesses s such but tht still thn vertigously quickly cut montge, memory ny chrcter film is ble seems return vrious guisesbrupt throughout film resed shttered cessnt exchnge shtterg prents pssg tht neverwitnesses s such but tht ccess thn sudden explosion memory frgments. Itmor isbe trumticlly still ssocited cleste wy grievg. shtterg prents brupt pssg tht mor never witnesses s such but tht seems return vrious guises throughout film be resed cessnt exchnge Fleeg fl encounter reprtions people ll tht it seems dvertently seems return vrious guises throughout film be resed cessnt exchnge ssocited cleste wy grievg. uch on, Vicr wlks down long hllwy, film s lst spoken word trces no doubt lgerg ssocited cleste wy grievg. Fleeg fl encounter reprtions people ll tht it seems dvertently hisfleeg er. He comes hlt flly before nor open wdow, we he is left once g ctch fl encounter reprtions people ll tht it seems dvertently uch on, Vicr wlks down long hllwy, film s lst spoken word trces no doubt lgerg his breth, his gze seemgly fixed on bse Eiffel Tower (see 9). uch on, Vicr wlks down long hllwy, film s lst spoken word trces no doubt lgerg his er. He comes hlt flly before nor open wdow, we he is left once g ctch his his er. He comes hlt flly before nor open wdow, we he is left once g ctch breth, gzehis seemgly fixed on onbse Tower (see hishis breth, gze seemgly fixed bse Eiffel Eiffel Tower (see 9). 9). 9. View Eiffel Tower CIVS. 9.9.View View Eiffel Eiffel Tower Tower CIVS. CIVS.

10 Humnities 2017, 6, Why do his eyes not follow scent wer s fmously tperg les? Why does Humnities 2017, 6, filmmker, tred rchitect, prevent him s well s viewer lookg upwrd, experiencg expnsive relief ssocited such skywrd Prticulrly Why do his eyes not followsense scent wer s fmously tperg les? gze? Why does filmmker, tred rchitect, him s well s Brbie viewer lookg upwrd, role view television rdioprevent trnsmissions tril ply such centrl expnsive sense it relief ssocited suchhow skywrd gze?les Prticulrly viewwere experiencg openg moments film, is importnt recll itil wer television rdio trnsmissions Brbie tril ply such centrl role extended furr elongted by ddition brodcst ntenn Not only is ntenn openg moments film, it is importnt recll how itil les wer were extended potedly kept out view shot question but s eye is mde dwell exclusively on furr elongted by ddition brodcst ntenn Not only is ntenn wer s bse, viewer is remded pent-up energies ccumultg below. Such energies, it is potedly kept out view shot question but s eye is mde dwell exclusively on suggested, denied moreistrditionl modes trnsmission, modes ssocited wergies, rdio wer sre bse, viewer remded pent-up energies ccumultg below. Such it television signls brodcst over public irwves ntenn bove. Yet, wht rems below, is suggested, re denied more trditionl modes trnsmission, modes ssocited rdio remg like grief denied successful juridicl or fncil compenstion, television signls brodcst overtrnsltion public irwves grievnce ntenn bove. Yet, wht rems is notbelow, simply lost trnsmission. Remg sistent, psses sted vi or, remg like grief denied successfulunconsciously trnsltion juridiclitgrievnce or fncil is not simply lost trnsmission. Remg unconsciously sistent, it psses sted morecompenstion, subliml chnnels. vi or, morepuse, subliml After long chnnels. cmer eventully turns view. Yet, s though suggest After long puse, cmer eventully turns view.ityet, s though suggest tht tht somethg grievous will hve hppened mentime, is no longer protgonist s somethg grievous will hve hppened mentime, it is no longer protgonist s perspective perspective udience shres. Vicr hs himself somehow vnished it is udience shres. Vicr hs himself somehow vnished it is now now drwg cmer tht returns lone, movg visibly bckwrds down long corridor drwg cmer tht returns lone, movg visibly bckwrds down long corridor (see (see 10). 10) CIVS CIVS Corridor. Corridor. Retretg dylight entered through openwdow wdowwe wevicr Vicr is is lst lst seen, Retretg dylight thttht hdhd entered through open seen, drwg ll or sources ner illumtion, cmer s eye closes drwg ll or sources ner illumtion, cmer s eye closes end, end, like itself tl drkness. The endg equte glimmers fdg likefdg itself tl drkness. The endg seemsseems equte sese lst lst glimmers light light visible yet huntgly plpble trces nor fmily legcy, secret grief visible yet huntgly plpble trces nor fmily legcy, secret grief secretly pssed secretly pssed mor son beyond. mor son beyond. This grievg, unwittgly disowned genertion genertion, is comprble This grievg, unwittgly s genertion genertion, is comprble Jen puts bck circultion, disowned returng m, Clément sys, ir desttion itile. This grief, Jen puts bck circultion, m, s Clément sys, gst ir desttion out object outreturng end, is dilogue Brbie tril itile. film is setthis grief, out out is dilogue Brbie tril gst filmis set object it begs. Theend, byss mourng, still open fmily, bers witness filure tril itself trnslte grief grievnce. it begs. The byss mourng, still open fmily, bers witness filure fmily sry tril, we come see endless grievg it performs s trilredg itself trnslte griefbck on grievnce. n unddressed grievnce, s sympm mny filures mong m, its confusions n Redg fmily sry bck on tril, we come see tril: endless grievg it performs unddressed grievnce, s sympm mny filures tril: mong m, its confusion

11 Humnities 2017, 6, Resistnce Jewish victims; its dilution ctegory crimes gst humnity; 5 its rr outrgeous impliction tht democrtic stte cnnot commit such crimes 6. The no plce Rivk s grief my thus be sid ber witness cert non-lieu tril term non-lieu referrg cse less dismissl chrges thn confusg wy y were brought. This confusion ended up pittg vrious pltiffs gst ech or gve defense trney Jcques Vergès opportunity present wht Alice Kpln hs ptly referred s Por s box version crimes gst humnity, version we one crime would effectively cll up ll ors, mkg m eqully lerble puttg m competition ech or so tht justice lwys seems hypocriticl 7. Kpln summrizes stte confusion excellent troduction English trnsltion Al Fkielkrut s Rememberg V: The Klus Brbie Tril Crimes Agst Humnity published 1992: The Brbie tril ws, for Frnce, like n brection psychonlysis, sgle relived piece trum tht brgs or buried pieces bck life. When brection works, it produces cthrsis cure. Fkielkrut would contend tht Brbie tril ws very opposite: tht lots time work went voidg wht should hve been centrl; tht voidnce denil cme relese ccumulted socil xs. (Fkielkrut 1992, p. xvii) Kpln s potent metphor returns us end Felmn s description lw s necessrily flwed contment strtegy. The lw, she sys, tries cont trum trnslte it legl-conscious termology, thus reducg its strnge terruption. Uncnnily, however, while lw strives cont trum, it ten is fct trum tht tkes over whose surreptitious logic end reclims tril (Felmn 2002, p. 5). If re is difference Kpln s Felmn s perspectives, it perhps lies ltter s sense tht filure is not cidentl lw, is not voidble its enggement hisricl trum. Such filures for Felmn sted mrk its very fult les, its constitutive openness supplement wht she clls literry justice. One most provoctive questions she sks The Juridicl Unconscious is w literture ( film) ir supplementry reltionship lw might do justice trum wy lw does not, or cnnot. In most sweepg response question, Felmn writes: Literture is dimension concrete embodiment lnguge fitude tht, contrst lnguge lw, encpsultes not closure but precisely wht given legl cse refuses be closed cnnot be closed. It is refusl trum be closed tht literture does justice (Felmn 2002, p. 8). We does leve us n regrd One Dy You ll Underst? I would rgue tht Clément, re-openg crypt his itil memoir, trnsforms work mourng he hd sought ccomplish re somethg much lrger. Turng it, his writg prtner, Serge Moti, screenply n Amos Giti film, Clément repositions it very mrg legl closure, on brk byss tht underlies lw. Such repositiong turns memoir itself n termble work mourng, work tht mny essentil respects escpes him most concrete wys no longer belongs him. It is no doubt for reson tht he opens sequel memoir words nor. His sister, philosop Cre Clément, 5 The court s decision ment tht deporttions Jews members Resistnce were leglly equivlent cts (Dougls 2001, p. 195). 6 Wes t Nuremberg crimes gst humnity were essentilly enfolded wr crimes, Brbie tril, stunng version, did just opposite: wr crimes were enfolded crimes gst humnity, now, terprettion courts, becme mster ctegory embrcg wide vriety wrtime trnsgressions. (Dougls 2001, p. 195). 7 The endless grievg encted film would thus hve s its juridicl equivlent re-openg one wound through nor, simultneous cllg up, s Kpln puts it, ll ors through one crime (Fkielkrut 1992, p. xxvi).

12 Humnities 2017, 6, tells him, Tu crois en voir fi... tu te trompes, on n en jmis fi [ You thk you re fished it. You re wrong. One is never fished it ] (Clément 2008, p. 273). Conflicts Interest: The uthor declres no conflict terest. References Clément, Jerôme Plus Trd, tu Comprendrs Suivi de Mtennt, Je Sis. Pris: Editions Grsset & Fsquelle. Dougls, Lwrence The Memory Judgment: Mkg Lw Hisry Trils Holocust. New Hven: Yle University Press. Felmn, Shoshn The Juridicl Unconscious: Trils Trums Twentieth Century. Cmbridge: Hrvrd University Press. Fkielkrut, Al Rememberg V: The Klus Brbie Tril Crimes gst Humnity. New York: Columbi University Press. Giti, Amos One Dy You ll Underst [Plus Trd, tu Comprendrs]. Pris: Agv Films. Proust, Mrcel In Serch Lost Time, Volume 1: Swnn s Wy. New York: Modern Librry. Rottenberg, Elizbeth The Juridicl Unconscious: Trils Trums Twentieth Century (review). MLN 119: [CrossRef] Rousso, Henry The Vichy Syndrome: Hisry Memory Frnce sce Cmbridge: Hrvrd University Press by uthor. Licensee MDPI, Bsel, Switzerl. This rticle is n open ccess rticle distributed under terms conditions Cretive Commons Attribution (CC BY) license (