Educational Media Reviews Online

Barry Avirch’s documentary, Prosecuting Evil is a carefully constructed case, documenting the life and work of Benjamin Ferencz, noted lawyer, Nuremburg prosecutor, and international rule of law advocate. It is a well-done documentary with quality cinematography and an interesting narrative construction.

Avrich allows Ben Ferencz to do what he does best, present his case to the viewers, as he would to a jury, and his opening line is poetic, “I carry with me the burden of having seen Man’s inhumanity to Man in ways that are incredible to a rational mind.” The film then moves through Ferencz’s life beginning with his childhood, continuing on through his education and Army service, showcasing his successful prosecution at the Nuremburg Einsatzgruppen Trial, and ending with the creation of the International Criminal Court in The Hague.

Avrich expertly presents supporting document and witness evidence for Ferencz’s narrative, weaving family and historical photographs, along with testimony about Ferencz’s work and legacy from notable legal practitioners and scholars, such as Alan Dershowitz. Neither Avrich nor Ferencz moderate their descriptions or images detailing Holocaust atrocities and crimes Avrich shows on multiple occasions the inside of the crematoria ovens with visible human remains and the emaciated survivors at the moment of liberation. During the trial narration, Avrich adds in video footage of Jewish men and women being shot by the Einsatzgruppen. After this footage, we hear the verdict. Avrich's narrative technique is powerful and effective.

The final part of the documentary centers on the creation of an international criminal court. It covers Ferencz’s part in advocating for it, along with the United States’ role in signing the Rome Statute. This is where Avrich’s carefully constructed case starts to unravel. The film loses its clear narrative focus, becomes repetitive, and is not as carefully documented and argued as the Nuremburg trial portion of the film. Perhaps it is due to the shift from a legal narrative to a political one.

However, it does not detract from the remarkable life and work of Ben Ferencz. The film does succeed in letting us know that in a dark moment in the world’s history, we have been fortunate to have such a man as Ben Ferencz working tirelessly on the side of what is good, just, and right.

This film is recommended for college through general adult viewers. It is essential viewing for any course studying the Holocaust, genocide, war, or international law.

Awards:
Official TIFF 2018 Selection and Netflix Film

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