War Crimes: A Rational Course of Action
- Deric Hollings
- Sep 28
- 12 min read
Maria Mandl
According to one source:
Maria Mandl (sometimes erroneously spelled Mandel) was an Austrian-born Holocaust perpetrator and convicted war criminal. […] Mandl was convicted of crimes against humanity at the Auschwitz trial in Kraków in December 1947.
Based on the number of death lists she signed, it is believed that she had been complicit in the deaths of approximately 500,000 prisoners during her tenure at Birkenau. In January 1948, she was executed by hanging at the age of thirty-six.
Defining terms
For context regarding the “crimes against humanity” for which Mandl was convicted, one source clarifies:
Crimes against humanity are certain crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state’s own nationals as well as foreign nationals.
Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law and, like other crimes against international law, have no temporal or jurisdictional limitations on prosecution (where universal jurisdiction is recognized).
Given this clarification, three further matters require further context. These relate to war crimes, genocide, and the crime of aggression. First, one source states of war crimes:
A war crime is a violation of the laws of war that gives rise to individual criminal responsibility for actions by combatants in action, such as intentionally killing civilians or intentionally killing prisoners of war, torture, taking hostages, unnecessarily destroying civilian property, deception by perfidy, wartime sexual violence, pillaging, and for any individual that is part of the command structure who orders any attempt to committing mass killings (including genocide or ethnic cleansing), the granting of no quarter despite surrender, the conscription of children in the military, and flouting the legal distinctions of proportionality and military necessity.
As “ethnic cleansing” was mention in that source, it’s worth noting that one source expresses of this war crime:
Ethnic cleansing is the systematic forced removal of ethnic, racial, or religious groups from a given area, with the intent of making the society ethnically homogeneous. Along with direct removal such as deportation or population transfer, it also includes indirect methods aimed at forced migration by coercing the victim group to flee and preventing its return, such as murder, rape, and property destruction.
Both the definition and charge of ethnic cleansing is often disputed, with some researchers including and others excluding coercive assimilation or mass killings as a means of depopulating an area of a particular group, or calling it a euphemism for genocide or cultural genocide.
Second, one source states of genocide:
Genocide is violence that targets individuals because of their membership of a group and aims at the destruction of a people. Raphael Lemkin, who coined the term, defined genocide as “the destruction of a nation or of an ethnic group” by means such as “the disintegration of [its] political and social institutions, of [its] culture, language, national feelings, religion, and [its] economic existence”.
During the struggle to ratify the Genocide Convention, powerful countries restricted Lemkin’s definition to exclude their own actions from being classified as genocide, ultimately limiting it to any of five “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. While there are many scholarly definitions of genocide, almost all international bodies of law officially adjudicate the crime of genocide pursuant to the Genocide Convention.
Lastly, one source reports about the crime of aggression:
A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial.
The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion, military occupation, annexation by the use of force, bombardment, and military blockade of ports. In general, committing an act of aggression is a leadership crime that can only be committed by those with the power to shape a state's policy of aggression, as opposed to those who discharge it. The philosophical basis for the wrongness of aggression is found in just war theory, in which waging a war without a just cause for self-defense is unjust.
War crimes
Definitional terms clearly stated, I imagine that those who were previously ignorant about the severity of Mandl’s conviction can comprehend why she was hanged, even if you disagree with use of capital punishment (the legally authorized killing of someone as punishment for a crime).
Now, consider that one source states, “At the heart of the concept of war crimes is the idea that individuals can be held criminally responsible for the actions of a country or its soldiers. War crimes and crimes against humanity are among the gravest crimes in international law.”
When providing lessons on Rational Emotive Behavior Therapy (REBT), I invite people to understand the distinction between personal responsibility and accountability (collectively “ownership”), as opposed to that of the collective (mutual ownership by all members of a group).
Responsible is defined as liable to be called to account as the primary cause, motive, or agent, and being able to answer for one’s conduct and obligations—something, such as the demands of conscience or custom, that obligates one to a course of action.
Accountability is defined as the quality or state of being accountable, especially regarding an obligation or willingness to accept responsibility or to account for one’s actions. Here, “accountable” is defined as subject to giving an account—a statement explaining one’s conduct.
Collective responsibility is a group’s shared duty for a decision or an action. Collective accountability means the group itself is held answerable for that decision or action, often leading to shared consequences. Personal ownership relates to solely the individual, as one source states:
Unlike other human rights violations, war crimes do not engage State responsibility but individual criminal responsibility. This means that individuals can be tried and found personally responsible for these crimes.
Prohibited acts include:
· Murder;
· Torture or other cruel or inhuman treatment (including mutilation);
· Taking hostages;
· Intentionally directing attacks against the civilian population;
· Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historical monuments or hospitals;
· Pillage
· Rape and other forms of sexual violence
· Conscription or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities.
· Unlawful deportation transfer or confinement of protected persons.
In Mandl’s case, one source reports, “She completed a training program structured around Nazi ideology and took a twenty-question exam on geography, history, and dates significant to the Nazi Party,” as another source says she was nicknamed “The Beast” by prisoners” in her charge.
One point of clarification regarding war crimes is that, as stated by one source, “war crimes always take place in the context of an armed conflict, whether international or not,” and “war crimes must also be tried in countries other than those in which the crimes were committed.”
The Mandl thought experiment
Having provided information regarding Mandl and the war crimes for which she was ultimately executed, I now invite you to consider a rational course of action regarding the Mandl thought experiment proposed herein. For this mental exercise, some clarity is needed.
With my approach to care for mental, emotional, and behavioral health (collectively “mental health”), I invite people to consider thinking which is rational (in accordance with both logic and reason) – especially regarding events which correlate with irrational emotions.
Here, “logic” is the interrelation or sequence of facts or events when seen as inevitable or predictable, and “reason” is a statement offered in explanation or justification. For instance, a modus ponens syllogism uses the following logical form: If p, then q; p; therefore, q.
As an example, if an individual or nation behaves as Mandl did (p), then that person or country may be guilty of war crimes (q). Played through to its logical conclusion, I maintain that this syllogistic proposition is both logical and reasonable (i.e., rational).
Given this outcome, it’s worthwhile to consider a proper course of action (action to be taken). In Mandl’s case, she was put to death for her war crimes. In the matter of those individuals or nations that also participate in war crimes, why wouldn’t there be similar consequences?
Of course, I’m not advocating political violence, the unlawful or unjustified taking of lives (i.e., murders), vigilante justice, or any other outcome that isn’t first adjudicated by a proper court or council of law. With this in mind, I invite you to consider the Mandl thought experiment:
Imagine having Mandl as your “best friend,” someone you consider your “closest ally.” We’re talking about Mandl being your “leading recipient” of aid, more from you than anyone else!
Although you and Mandl don’t reside in the same home, the two of you have backed one another in “conflict” with others. Meanwhile, for a couple years, those with whom you currently live have been questioning your “loyalty” to Mandl.
The accusation is that you support your ally prior to tending to matters at home. Additionally, it’s become apparent to people within your home and elsewhere that Mandl has likely engaged in criminal activity.
We’re not talking about petty crime here. We’re talking about rape, torture, murder, and the like – serious offenses against humanity. For the time being, you’ve “downplayed atrocities” while continuing to support your friend.
At what point do you set aside irrational dedication to Mandl and consider a rational course of action? After all, at some point, you aren’t merely supporting criminality – you’re outright complicit in it. So, when is enough going to be enough for you?
Conclusion
In this blogpost, I’ve discussed who Maria Mandl was and how she faced justice for having participated in war crimes. As well, I’ve defined various terms for your consideration (i.e., war crimes, genocide, and the crime of aggression). You’re no longer ignorant after this post.
Expanding specifically on the matter of war crimes, I’ve differentiated between individual versus collective ownership of heinous atrocities which serve as crimes against humanity. Also, in the interest of rational living, I’ve clarified the distinction between rational and irrational thinking.
I then provided the Mandl thought experiment, using a variety of sources in relation to Israel. As one who isn’t silenced by ad hominem attacks relating to so-called antisemitism, I’ve aptly compared Mandl’s commitment to Nazism to the repugnant ideology of Israel (i.e., Zionism).
Closer to home, I’ve invited you to consider that the person to whom I appealed in the mental exercise represents the United States. We’re ostensibly supporting a genocide, ethnic cleansing, and/or war crimes. I didn’t vote for this, nor do I condone it! Do you?
In consideration of my mental health, I continue practicing helpful techniques of REBT. Regarding righteous indignation as an outcome which is preferable to enragement, I acknowledge how little control and influence I have over any of the matters addressed herein.
Therefore, I’ll post this blog entry as a means of honoring this acknowledgement. I oppose war crimes. I can write about this matter. And that’s about all I can do to address Israel’s obviously despicable violence. Well, that and hope, as was the case for Mandl, that justice will be served.
If you’re looking for a provider who tries to work to help understand how thinking impacts physical, mental, emotional, and behavioral elements of your life—helping you to sharpen your critical thinking skills, I invite you to reach out today by using the contact widget on my website.
As a psychotherapist, I’m pleased to try to help people with an assortment of issues ranging from anger (hostility, rage, and aggression) to relational issues, adjustment matters, trauma experience, justice involvement, attention-deficit hyperactivity disorder, anxiety and depression, and other mood or personality-related matters.
At Hollings Therapy, LLC, serving all of Texas, I aim to treat clients with dignity and respect while offering a multi-lensed approach to the practice of psychotherapy and life coaching. My mission includes: Prioritizing the cognitive and emotive needs of clients, an overall reduction in client suffering, and supporting sustainable growth for the clients I serve. Rather than simply trying to help you to feel better, I want to try to help you get better!
Deric Hollings, LPC, LCSW
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