David Irving | |
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Born | David John Cawdell Irving 24 March 1938 Essex, England |
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Residence | London, United Kingdom |
Nationality | British |
Occupation | military history author |
Known for | Holocaust denial |
Parents | John James Cawdell Irving & Beryl Irving |
Website http://www.fpp.co.uk |
David John Cawdell Irving (born 24 March 1938) is a British writer[1] specializing in the military history of World War II. His interpretations of the Third Reich have proved highly controversial due to allegations of undue sympathy for the Third Reich and antisemitism, and because of his involvement in the Holocaust denial movement. He is the author of 30 books, including The Destruction of Dresden (1963), Hitler's War (1977), Uprising! (1981), Churchill's War (1987), and Goebbels — Mastermind of the Third Reich (1996).
Irving's reputation as a historian was widely discredited[2] after he brought an unsuccessful libel case against American historian Deborah Lipstadt and Penguin Books in 1998. During the trial, an English court found that Irving was an "active Holocaust denier," as well as an antisemite and racist, and that he "associates with right-wing extremists who promote neo-Nazism."[3] The judge also ruled that Irving had "for his own ideological reasons persistently and deliberately misrepresented and manipulated historical evidence."[3][4]
On a visit to Austria, Irving was apprehended, tried and convicted of "glorifying and identifying with the German Nazi Party", which is a crime in Austria under the Verbotsgesetz law. He served a prison sentence from February to December 2006 on the charges.
Irving, along with his twin brother,[5] was born in Hutton, near Brentwood, Essex, England. His father, John James Cawdell Irving, was a commander in the Royal Navy, and his mother, Beryl, an illustrator (Beryl Irene Newington was born at St. Leonards-on-Sea, Sussex, on 24 October 1896, the daughter of Captain Charles Newington, formerly of the Indian Army, and his wife Frances (née Dolman)). During the Second World War, Irving's father was an officer aboard the light cruiser HMS Edinburgh. On 2 May 1942, while escorting Convoy QP-11 in the Barents Sea, the ship was sunk by the German U-boat U-456. Irving's father survived, but severed all links with his wife and their children after the incident.[6] Irving described his childhood as: "Unlike the Americans, we English suffered great deprivations...we went through childhood with no toys. We had no kind of childhood at all. We were living on an island that was crowded with other people's armies".[7] Irving later claimed his revisionist views about World War II dated to his childhood, particularly due to his objections to the way Hitler was portrayed in the British media during the war.[7] Irving asserted that his "skeptical" views about the Third Reich were due to his doubts to the cartoonist caricature of Hitler and the other Nazi leaders that appeared in the British press during the war.[7]
After completing A-levels at Brentwood School, Irving briefly studied physics (though never graduated, due to financial reasons) at Imperial College London. He gained notoriety by writing for the student newspaper Phoenix and in 1959 served as editor of the University of London Carnival Committee's journal, Carnival Times. His time as editor was controversial, though Irving deflected criticism by characterizing the Carnival Times as "satirical". He also stated he was against the formation of what is now the European Union. He later studied for a degree in Political Economy at University College London,[8] which he dropped out of after two years. During his time at university, he seconded British Fascist Sir Oswald Mosley in a debate on Commonwealth immigration. He was heckled.[9]
According to the Anti-Defamation League, Irving also supported apartheid in South Africa, racist cartoons, and wrote appreciatively of Nazi Germany.[10] Covering the controversy, the 1 May 1959 edition of the Daily Mail quoted Irving as saying, "You can call me a mild fascist if you like." He has denounced that article as libellous and the "handiwork of an imaginative Daily Mail journalist".[11]
Sometime after serving in 1959 as editor of the University of London Carnival Committee's journal, Irving left for West Germany, where he worked as a steelworker in a Thyssen steel works in the Ruhr area and learned German. He then moved to Spain, where he worked as a clerk at an airbase. During his time in Spain, Irving married his first wife, a Spanish woman with whom he had five children. In 1962, he wrote a series of 37 articles on the Allied bombing campaign, Wie Deutschlands Städte starben (How Germany's Cities Died), for the right-wing German journal Neue Illustrierte. These were the basis of his first book, The Destruction of Dresden (1963), in which he examined the Allied bombing of Dresden in February 1945. By the 1960s, a debate about the morality of the carpet bombing of German cities and civilian population had already begun, especially in the United Kingdom. There was consequently considerable interest in Irving's book, which was illustrated with graphic pictures, and it became an international bestseller.
In the first edition, Irving's estimates for deaths in Dresden were between 100,000 and 250,000 — notably higher than most previously published figures.[12] These figures became authoritative and widely accepted in many standard reference works. In later editions of the book over the next three decades, he gradually adjusted the figure downwards to 50,000-100,000.[13] According to the evidence introduced by Richard J. Evans at the libel trial of Deborah Lipstadt in 2000, Irving based his estimates of the dead of Dresden on the word of one individual who provided no supporting documentation, used forged documents, and described one witness who was a urologist as Dresden's Deputy Chief Medical Officer. The doctor has since complained about being misidentified by Irving, and further, was only reporting rumours about the death toll.[14] Today, casualties at Dresden are estimated as most likely 25,000-35,000 dead, and probably towards the lower end of that range.[15]
By November 1963, Irving was in England when he called the London Metropolitan Police with suspicions he had been the victim of a burglary, perpetrated by three men who had gained access to his Mayfair apartment claiming to be General Post Office (GPO) engineers. Gerry Gable was subsequently arrested and held at Hornsey police station, where on 14 January 1964, along with Manny Carpel and another, Gable admitted breaking in with intent to steal private papers. At the trial, counsel for the defence claimed that this was no ordinary crime, telling the court, "they hoped to find material they could take to Special Branch". The case was reported in the Daily Telegraph, 17 January 1964 and other newspapers.[16] Irving considered this incident important, and in his video 'Ich komme wieder' he describes this as the first indication he had that he was under attack for some reason.[17] Gable was a former member of the British Communist Party, and would later run Searchlight a magazine devoted to anti-Fascist activities. In a letter from Gable to London Weekend Television in May 1977, he would later boast of his "top level security service sources".[18]
After the success of the Dresden book, Irving continued writing, including some works of revisionist history. In 1964, he wrote The Mare's Nest, an account of the German secret weapons projects and the Allied intelligence countermeasures against it, translated the Memoirs of Field Marshal Wilhelm Keitel in 1965 (edited by Walter Görlitz), and in 1967 published Accident: The Death of General Sikorski. In the latter book, Irving claimed that the plane crash which killed Polish government in exile leader General Władysław Sikorski in 1943 was really an "assassination" ordered by Winston Churchill, so as to enable Churchill to "betray" Poland to the Soviet Union. Irving's book inspired the highly controversial 1967 play Soldiers by his friend, the German playwright Rolf Hochhuth. Soldiers depicts Churchill ordering the “assassination” of General Sikorski. Also in 1967, he published two more works: The Virus House, an account of the German nuclear energy project, and The Destruction of Convoy PQ-17, in which he blamed the British escort group commander, Commander Jack Broome for the catastrophic losses of the Convoy PQ-17. Amid much publicity, Broome sued Irving for libel in October 1968, and in February 1970, after 17 days of deliberation before London's High Court, Broome won. Irving was forced to pay £40,000 in damages, and the book was withdrawn from circulation.
After PQ-17, Irving shifted to writing biographies. As a result of Irving's success with Dresden, but prior to the conclusion of the Broome trial, members of Germany's extreme right-wing assisted him in contacting surviving members of Hitler's inner circle. In an interview with the American journalist Ron Rosenbaum, Irving claimed to have developed sympathies towards them (referring to them as "the Magic Circle").[19] Many aging former mid- and high-ranked Nazis saw a potential friend in Irving and donated diaries and other material. Irving described his historical work as an act of "stone-cleaning" of Hitler, in which he cleared off the "slime" that he felt had been unjustly applied to Hitler's reputation.[20] In 1972, he translated the memoirs of General Reinhard Gehlen, and in 1973 published The Rise and Fall of the Luftwaffe, a biography of Air Marshall Erhard Milch. He spent the remainder of the 1970s working on Hitler's War and the War Path, his two-part biography of Adolf Hitler; The Trail of the Fox, a biography of Field Marshall Erwin Rommel; and a series in the Sunday Express describing the Royal Air Force's famous Dam Busters raid.
Description of Irving as a historian, rather than a historical author, is controversial, with some publications continuing to refer to him as a "historian"[21] or "disgraced historian,"[22] while others insist he is not a historian, and have adopted alternatives such as "author" or "historic writer."[1]
The military historian John Keegan has praised Irving for his "extraordinary ability to describe and analyse Hitler's conduct of military operations, which was his main occupation during the Second World War."[23]
Donald Cameron Watt, Emeritus Professor of Modern History at the London School of Economics, wrote that he admires some of Irving's work as a historian, though he rejects his conclusions about the Holocaust.[24] At the libel proceedings against Irving, Watt declined Irving's request to testify, appearing only after a subpoena was ordered.[25] He testified that Irving had written a "very, very effective piece of historical scholarship" in the 1960s, which was unrelated to his controversial work; he also suggested that Irving was "not in the top class" of military historians.[25]
In 1977 Irving published Hitler's War, the first of his two-part biography of Adolf Hitler. In it, Irving tried to describe the war from "Hitler's point of view". He portrayed Hitler as a rational, intelligent politician, whose only goal was to increase Germany's prosperity and influence on the continent. For instance, Irving's book faulted the Allied leaders, most notably Winston Churchill, for the eventual escalation of war, and claimed that the German invasion of the Soviet Union in 1941 was a "preventive war" forced on Hitler to avert an alleged impending Soviet attack (supported by some, notably Soviet GRU defector Victor Suvorov, and others; see Icebreaker). Irving commented that in light of the "preventive war" that he felt Hitler was forced to wage, the Kommissarbefehl was merely something that Stalin forced on Hitler.[26] He also claimed that Hitler had no knowledge of the Holocaust; while not denying its occurrence, Irving claimed that Heinrich Himmler and his deputy Reinhard Heydrich were its originators and architects. Irving made much of the lack of any written order from Hitler ordering the Holocaust, and for decades afterward offered to pay £1000 to anyone who could find such an order. In addition, citing the work of such historians as Harry Elmer Barnes, David Hoggan, and Frederick J.P. Veale, Irving argued that Britain was primarily responsible for the outbreak of war in 1939.
Reaction to Hitler’s War was polarized. While some historians like John Keegan and Hugh Trevor-Roper—though disputing Irving’s claim that Hitler had no knowledge of the Holocaust—praised the book as well-written and well-researched, other historians were more hostile (though Trevor-Roper was strongly critical of Irving's repeating the "stale and exploded libel" about Churchill ordering the "assassination" of General Sikorski[27]). John Lukacs in a very unfavourable book review in the 19 August 1977 edition of National Review called Hitler’s War a worthless book while Walter Laqueur when reviewing Hitler’s War in the The New York Times Book Review of 3 April 1977 accused Irving of selective use of the historical record in Hitler's favour. Lukacs called Irving an "amateur historian" whose determination to defend Hitler had resulted in an "appalling" book.[28] Lukacs complimented Irving's industry in tracking down hundreds of people who knew Hitler, but went on to note personal recollections are not always the best historical source, and that Irving manufactured battles; for instance, crediting Field Marshal Ferdinand Schörner with a victory in April 1945 against the Red Army for the control of Ostrava, a battle which did not, in fact, take place.[29] Lukacs took issue with Irving's language, which he described as conveying moral judgements that were not supported by the facts.[29] Lukacs was very critical of Irving's claims that Poland had planned to invade Germany in 1939 and likewise, that the Soviet Union was on the verge of attacking the Reich in 1941, in both cases justifying German "preventative wars" against those states.[29] In a review published in the German Studies Review, the American historian Bradley Smith noted that Irving had uncovered some new documents and was correct in arguing against those Germans who sought to place all of the blame for the Shoah onto Hitler, but went on to note that Irving’s determination to tell World War II from Hitler’s point of view had apparently led him to totally identify himself with Hitler.[30] Smith noted it was often impossible to tell where Hitler’s views ended and where Irving's began.[30] Various historians such as Gitta Sereny, Martin Broszat, Lucy Dawidowicz, Gerard Fleming, Charles W. Sydnor and Eberhard Jäckel wrote either articles or books rebutting what they considered to be erroneous information in Hitler’s War.
In an article first published in the Vierteljahrshefte für Zeitgeschichte journal in 1977, Broszat wrote that: "He [Irving] is too eager to accept authenticity for objectivity, is overly hasty in interpreting superficial diagnoses and often seems insufficiently interested in complex historical interconnections and in structural problems that transcend the mere recording of historical facts, but are essential for their evaluation".[31] Broszat argued that in writing Hitler's War, Irving was too concerned with the "antechamber aspects" of Hitler's headquarters, and accused Irving of distorting historical facts in Hitler's favor.[32] Broszat complained that Irving was focused too much on military events at the expense of the broader political context of the war, and that he had offered false interpretations such as accepting at face value the Nazi claim that the Action T4 "euthanasia" program was launched in September 1939 to free up hospital spaces for wounded German soldiers, when in fact the program was launched in January 1939.[33] In particular, Broszat criticized Irving's claim that because of one telephone note written by Himmler stating "No liquidation" in regards to a train convey of German Jews passing through Berlin to Riga (whom the SS intended to have all shot upon arrival) on 30 November 1941 that this proved that Hitler did not want to see the Holocaust happen.[34] Broszat argued that this was not proof that Hitler had given any such order to Himmler to stop the killings of Jews, but rather that the comment "No liquidation" referred only to that particular train, and was mostly likely related to concerns about questions American reporters were asking about the fate of German Jews being sent to Eastern Europe.[35] Likewise, Broszat criticized Irving for accepting the "fantastic" claims of the SS Obergruppenführer Karl Wolff that he did not know about the Holocaust (Irving's argument was that if Wolff did not know about the Holocaust, how could Hitler have known), despite the fact that Wolff was convicted of war crimes in 1963 on the basis of documentary evidence implicating him in the Holocaust.[36] Broszat accused Irving of seeking to generate a highly misleading impression of a conference between Hitler and the Hungarian Regent, Admiral Miklós Horthy in April 1943 by re-arranging the words to make Hitler appear less brutally anti-Semitic then what the original notes showed.[37] Along the same lines, Broszat maintained that the picture of World War Two drawn by Irving was done in a such way to engage in moral equivalence between the actions of the Axis and Allied states, leading to Hitler's "fanatical, destructive will to annihilate" being downgraded to being "...no longer an exceptional phenomenon".[38] The criticism by Broszat was considered to be especially damaging to Irving because Broszat had based his critique largely by examining the same primary sources Irving had used for Hitler's War.
Another equally scathing review was published by Charles Sydnor who argued that Hitler's War was marred by Irving's efforts to present Hitler in the most favorable light possible.[39] Sydnor commented that Irving wrongly presented SS massacres in Poland in September 1939 as the legitimate response to the British rejection of Hitler's peace offer of October 1939 , and that Irving seems to imply that Hitler's anti-Semitism was justified by the Anglo-American strategic bombing offensive against German cities.[40] Sydnor noted numerous errors in Hitler's War such as Irving's claim that Andreas Hofer was shot by the French in 1923 for opposing the French occupation of the Ruhr, and that the 1945 film Kolberg, which dealt with the theme of a Prussian fortress besieged by the French in 1806 was set in the Seven Years' War.[41] Syndor was highly critical of Irving's unreferenced statement that the Jews who fought in the Warsaw Ghetto Uprising of 1943 were well supplied with weapons from Germany's allies.[42] In the same light, concerning Irving's claim that Hitler was ignorant of the Shoah prior to October 1943, Syndor commented that Hitler had received a SS report in November 1942 which contained a mention of 363,211 Russian Jews executed by the Einsatzgruppen between August-November 1942.[43] Similarly, Syndor charged Irving with misquotation such as having Hitler say on 25 October 1941 "...with the Jews too I've found myself remaining inactive", when the documents show Hitler's remarks to be "Even with regard to the Jews I've found myself remaining inactive", and that Hitler's remark was referring to the past when Hitler was criticizing himself for his past "inactivity" against the Jews.[44] Likewise, Sydnor argued that Irving's statement that all previous Hitler biographies were compromised by their hostility towards der Führer is not supported by an examination of said biographies.[45] Syndor remarked that Irving's statement that the Einsatzgruppen were in charge in the death camps seems to indicate that he was not familiar with the history of the Shoah as the Einsatzgruppen were in fact mobile death squads who had nothing to do with the death camps.[46] Moreover, Syndnor noted that Irving falsely claimed that the Einsatzgruppen operating in Poland in 1939 were under the authority of SS General Udo von Woyrsch, when in fact the Einsatzgruppen were divided into two groups, one of which reported to Heydrich and another to Theodor Eicke (General Woyrsch commanded a group reporting to Heydrich).[47] Continuing on the theme of the Einsatzgruppen, Syndor criticized Irving for his statement that the Babi Yar massacre of September 1941 was the first massacre carried out by the Einsatzgruppen in 1941, when in fact the Einsatzgruppen had been staging massacres of Soviet Jews since the beginning of Operation Barbarossa in June 1941.[48] Syndor charged Irving with offering a false interpretation of Hitler's reaction to Konrad Morgen's report of October 1944 about widespread corruption in the SS as marking Hitler's moral outrage to the Holocaust; Syndor asserted that Hitler's outrage had nothing to do with the murder of the Jews, and everything to do with the revelation of SS corruption.[49] Concerning Irving's claim that General Friedrich Olbricht was engaged in an orgy on the night of 20 July 1944, Syndor noted that Irving does not explain how General Olbricht could have been engaged in directing a putsch at the Bendlerblock on the night of 20 July while at the same time engaging in an orgy at his home.[50] Finally, Syndnor argued that Irving's account of the final days of Hitler appeared to comprise little more than a rehashing of Hugh Trevor-Roper's 1947 book, The Last Days of Hitler.[51] Because of the controversy Hitler’s War generated, it was a best-seller in 1977.
Just months after the initial release of Hitler's War, Irving published The Trail of the Fox, a biography of Field Marshal Erwin Rommel. In it, Irving attacked the members of the July 20 Plot to assassinate Hitler, branding them "traitors", "cowards", and "manipulators", and uncritically presented Hitler and his government's subsequent revenge against the plotters, of which Rommel was also a victim. Irving painted the men and women involved in the plot in the blackest of colours, and argued that their fate after 20 July was fully deserved. Irving challenged the popular notion that Rommel was one of the leaders of the rebellion: Rommel stayed loyal to Hitler until the end, Irving claimed, and the real blame for his forced suicide lay with his associates, who schemed against him so they could save their own lives and because they were jealous of Rommel's medals. In particular, Irving accused Rommel's friend and Chief of Staff General Hans Speidel of framing Rommel in the attempted coup. The British historian David Pryce-Jones in a book review of The Trail of the Fox in the 12 November 1977 edition of The New York Times Book Review accused Irving of mindlessly taking everything Hitler had to say at face value.
In 1978, Irving released The War Path, the companion volume to Hitler's War which covered events leading up to the war and which was written from a similar point of view. Again, professional historians such as D.C. Watt noted numerous inaccuracies and misrepresentations. Despite the criticism, the book sold well, as did all of Irving's books to that date. The financial success of his books enabled Irving to buy a home in the prestigious Mayfair district of London, own a Rolls-Royce car, and to enjoy a very affluent lifestyle.[52] In addition, Irving, despite being married, became increasing open with his affairs with other women, all of which were detailed in his self-published diary.[53]
In the 1980s Irving started researching and writing about topics other than Nazi Germany, but with less success. He began his research on his three-part biography of Winston Churchill. In 1981, he published two books. The first was The War Between the Generals, in which Irving offered an account of the Allied High Command, detailing the heated conflicts Irving alleges occurred between the various generals of the various countries and presenting rumours about their private lives. The second book was Uprising!, about the 1956 revolt in Hungary, which Irving characterized as "primarily an anti-Jewish uprising", supposedly because the Communist regime was itself controlled by Jews. Irving’s depiction of Hungary’s Communist regime as a Jewish dictatorship oppressing Gentiles sparked charges of anti-Semitism.[54] In addition, there were complaints that Irving had grossly exaggerated the number of people of Jewish origin in the Communist regime and had ignored the fact that Hungarian Communists who did have a Jewish background like Mátyás Rákosi and Ernő Gerő had totally repudiated Judaism and sometimes expressed anti-Semitic attitudes themselves.[55]
In 1983, Irving played a major role in the Hitler Diaries controversy. Irving was an early proponent of the argument that the diaries were a forgery, and went so far as to crash the press conference held by Hugh Trevor-Roper at the Hamburg offices of Der Stern magazine on 25 April 1983 to denounce the diaries as a forgery and Trevor-Roper for endorsing the diaries as genuine (Trevor-Roper had called the press conference to announce his withdrawal of his endorsement, arguably rendering Irving's attack on Trevor-Roper irrelevant).[56] Irving's performance at the Der Stern press conference where he violently harangued Trevor-Roper until ejected by security led him to be featured prominently on the news and the next day Irving appeared on Today television show as a featured guest.[57] However, a week later on 2 May, Irving reversed himself and claimed the diaries were genuine; at the same press conference, Irving took the opportunity to promote his translation of the memoirs of Hitler’s physician Dr. Theodor Morell. Robert Harris in his book Selling Hitler suggested that an additional reason for Irving's change of mind over the authenticity of the alleged Hitler diaries was that the fake diaries contain no reference to the Holocaust, thereby buttressing Irving's claim in Hitler's War that Hitler had no knowledge of the Holocaust.[58] Subsequently Irving reversed himself again when the diaries were revealed as a forgery. At a press conference held to withdraw his endorsement of the diaries, Irving proudly claimed that he was the first to call the diaries a forgery, to which a reporter replied that he was also the last to call the diaries genuine. In his later accounts of his role in the Hitler Diaries matter, Irving has always mentioned his role as proponent of the theory that the diaries were fake, while ignoring his change of opinion about their authenticity.
By the mid-1980s, Irving had not had a successful book in years, and was behind schedule in writing the first volume of his Churchill series, the research for which had strained his finances . By the time he finished the manuscript in 1985, his reputation was greatly diminished, so it was not until 1987 that the book was published as Churchill's War, Volume I. In it, Irving writes a revisionist portrayal of Churchill—a debauched alcoholic, a coward, an unabashed racist, and a corrupt warmonger servile to the interests of "international Jewry". Irving also accused Churchill of "selling out the British Empire" and "turning Britain against its natural ally, Germany".
In 1986, Irving was one of the few English language authors to endorse the controversial thesis of the German philosopher Ernst Nolte who, in a 1986 article named Die Vergangenheit, die nicht vergehen will ("The Past That Does Not Want To Go Away"), claimed that because the President of the World Zionist Organization Chaim Weizmann wrote a letter to the British Prime Minister Neville Chamberlain pledging the full support of his organization to the British war effort on 3 September 1939, that this constituted a “Jewish declaration of war” against Germany, and thus the German government was fully justified in “interning” the Jews of Europe in concentration camps. Many other historians attacked Nolte’s argument (and those, like Irving, who supported Nolte’s views) as misleading, intentionally or not, and as coming very close to justifying the Holocaust. Nolte in his turn has been a great admirer of Irving and has often cited Irving’s work in his writings.
In 1989, Irving published his biography of Hermann Göring, in which he largely portrayed the Reichsmarschall as an overweight drug addict largely concerned with his own wealth and personal pleasures rather than his duties within the Third Reich. Irving downplayed Göring's role in the Holocaust, describing instead Göring's jovial personality and offering a wealth of lesser-known facts about his life. Irving also recounts various incidents and produces documents as evidence that Göring disapproved of the persecution of Jews and other Nazi crimes.
In 1992, Irving signed a contract with Macmillan for a biography of Joseph Goebbels entitled Goebbels: Mastermind of the Third Reich. Following charges that Irving had selectively "edited" a recently discovered complete edition of Goebbels's diaries in Moscow, Macmillan cancelled the book deal.[59] In 1995, the St. Martin's Press of New York City agreed to publish the Goebbels biography.[60] By this time, Irving's financial state was such that he very much needed this book deal to be completed in order to pay down the massive arrears on his mortgage.[60] In March 1996, following widespread protests over allegations of antisemitism in Goebbels: Mastermind of the Third Reich, St. Martin's cancelled the contract, and left Irving in a situation where he was desperate for both publicity and the need to re-establish his reputation as a historian.[61]
Over the years, Irving's stance on the Holocaust has changed significantly. Until 1988, when he started to espouse Holocaust denial openly, Irving never sought to deny the reality of the Holocaust and for this reason many Holocaust deniers were ambivalent about him. They admired Irving for the pro-Nazi slant in his work and the fact that he possessed a degree of mainstream credibility that they lacked, but were annoyed that he did not openly deny the Holocaust. In 1980, Lucy Dawidowicz noted through Hitlers' War was strongly sympathetic to the Third Reich, that because Irving argued that Hitler was unaware of the Holocaust as opposed to the denying the Holocaust, that his book was not part of the "anti-Semitic canon"[62] Typical of the ambiguity felt by them was a letter written in 1984 by the French Holocaust denier Robert Faurisson in the Journal of Historical Review, the official journal of the Institute for Historical Review (I.H.R). In an open letter entitled “A Challenge to David Irving”, Faurisson praised Irving as a historian but criticised him for maintaining that the Holocaust had taken place, and challenged him to take up the cause of Holocaust denial.[63]
It has been alleged that the original draft of Faurisson's open letter was more critical of Irving, but Willis Carto persuaded Faurisson to tone down the criticism, lest it alienate Irving (who had spoken at a conference sponsored by the I.H.R. in September 1983) from the I.H.R. It is not known what Irving’s response to Faurisson’s letter was.
Until 1988, Irving seemed torn between a desire to be taken seriously as a historian and a desire to associate with those he seemed to share an ideological affinity with. In the first edition of Hitler's War, Irving footnotes, "I cannot accept the view. .. [that] there exists no document signed by Hitler, Himmler or Heydrich speaking of the extermination of the Jews." In 1982, Irving made an attempt to unify all of the various neo-Nazi groups in Britain into one party called Focus, in which he would play a leading role.[64] The effort failed due to fiscal problems.[64] One of the main writers for Irving's magazine Focal Point in the 1980s was John Tyndall, the leader of the British National Party.[64] At the time, Irving told the Oxford Mail of having "links at a low level" with the National Front.[64] Irving described Spotlight, the main journal of the Liberty Lobby as "an excellent fortnightly paper."[64] At the same time, Irving put a copy of Hitler's "Prophecy Speech" of 30 January 1939, promising the "annihilation of the Jewish race in Europe" if "Jewish financiers" started another world war, onto his wall.[65]
By the mid-1980s, Irving associated himself with the Holocaust-denying I.H.R., began giving lectures to groups such as the far-right German Deutsche Volksunion, and publicly denied that the Nazis systematically exterminated Jews in gas chambers during World War II. Irving was a frequent speaker for the DVU in the 1980s and the early 1990s, but the relationship ended in 1993 apparently because of concerns by the DVU that Irving’s espousal of Holocaust Denial might lead to the DVU being banned.[66] He also alleged that parts of The Diary of Anne Frank might have been forged by her surviving father, and in 1988 testified for the defence at Canadian-based Holocaust denier Ernst Zündel's trial. Irving later claimed that Zündel had convinced him that the Holocaust had not occurred.[67]
In the 1988 Zündel trial, Irving repeated and defended his claim from Hitler's War that until October 1943 Hitler knew nothing about the actual implementation of the Final Solution. He also expressed his evolving belief that the Final Solution involved "atrocities", not systematic murder:
I don't think there was any overall Reich policy to kill the Jews. If there was, they would have been killed and there would not be now so many millions of survivors. And believe me, I am glad for every survivor that there was.[68]
As to what evidence further led Irving to believe that the Holocaust never occurred, he cited a report by self-styled execution expert Fred A. Leuchter, which claimed there was no evidence for the existence of homicidal gas chambers at the Auschwitz concentration camp. After the trial, Irving published Leuchter's report in the United Kingdom and wrote its foreword. In Errol Morris' 1999 documentary about Leuchter, Mr. Death: The Rise and Fall of Fred A. Leuchter, Jr., Irving said, "The big point [of the Leuchter report]: there is no significant residue of cyanide in the brickwork. That's what converted me. When I read that in the report in the courtroom in Toronto, I became a hard-core disbeliever."[69] Expanding upon his thesis in Hitler's War about the lack of an written Führer order for the Shoah, Irving argued in the 1990s that the absence of such order meant that there was no Holocaust.[70] In a speech delivered in Toronto in November 1990 Irving claimed that Holocaust survivors had manufactured memories of their suffering because “there’s money involved and they can get a good compensation cash payment out of it.”[71] In his 1991 revised edition of Hitler's War he had removed all references to death camps and the Holocaust. In a speech given in Hamburg in 1991, Irving stated that in two years time "...this myth of mass murders of Jews in the death factories of Auschwitz, Majanek and Treblinka...which in fact never took place" will be disproved (Auschwitz, Majdanek, and Treblinka were all well known Vernichtungslager).[72] Two days later, Irving repeated the same speech in Halle before a group of neo-Nazis, and praised Rudolf Hess as "that great German martyr, Rudolf Hess."[72]
Many have considered Irving’s historical arguments to be very convoluted. An example occurred in the above-mentioned interview with Ron Rosenbaum, when Rosenbaum questioned Irving about a memoir that had come into Irving's possession that was alleged to have been written by Adolf Eichmann in the 1950s. The precise authenticity of the Eichmann Memoirs is in doubt, but parts of the book, according to the German Federal Archives, appeared to be genuine (through the book was apparently the result of an interview between Eichmann and an Argentine journalist in the 1950s).[73] Irving had received the alleged memoir during a visit to Argentina in 1991, when it was presented to him after he had spoken at a neo-Nazi rally and was quite proud of his find.[73] In The Eichmann Memoirs, Eichmann claimed to have heard from Himmler that Hitler had given a verbal order authorizing the Holocaust, thereby contradicting Irving's claim in Hitler’s War that Hitler was unaware of the Holocaust. Irving's response to the claim that Hitler ordered the Holocaust in The Eichmann Memoirs was to claim that Eichmann wrote his memoirs in 1956 at the time of the Suez War, and was fearful that Cairo, Egypt might fall to Israel.[74] Irving's reasoning is that if Cairo was taken by the Israeli Defence Forces, then the Israelis might discover the "rat-line", as undercover smuggling networks for Nazis were known, that had allowed Eichmann to escape to Argentina, and that therefore Eichmann had written his memoirs as a potential defence in the event of being captured by the Israelis.[74] In this way, Irving argued that The Eichmann Memoirs were genuine but that the claim that Hitler ordered the Holocaust was false—only made to reduce Eichmann's responsibility for the Holocaust. Also in the same interview, Irving claimed to want to be accepted as a scholar by other historians and bemoaned having to associate with what he called the lunatic anti-Semitic fringe groups; he claimed he would disassociate himself from these as soon as he was accepted by the historians' community.[75] During the same interview with Rosenbaum, Irving stated his belief that Jews were his "traditional enemy."[76]
In October 2007 Irving threatened to sue The Jewish Chronicle for describing him as a "holocaust denier". The Jewish Chronicle responded by printing their solicitor's name and address on its front page.[77]
Irving has expressed racist sentiments, both publicly and privately. Several of these were cited by the judge's decision in Irving's lawsuit against Penguin Books and Deborah Lipstadt.[78] For instance, in his diary entry for 17 September 1994, Irving wrote about a ditty he composed for his young daughter "when halfbreed children are wheeled past":
I am a Baby Aryan
Not Jewish or Sectarian
I have no plans to marry an
Ape or Rastafarian.
Christopher Hitchens writes that after having dinner in his New York apartment, Irving sang the rhyme to his daughter once they were alone in the building's elevator.[79] In one interview cited in the lawsuit, Irving also stated that he would be "willing to put [his] signature" to the "fact" that "a great deal of control over the world is exercised by Jews".[78]
And from a speech in 1992, given to the Clarendon Club:
I am not anti-coloured, take it from me; nothing pleases me more than when I arrive at an airport, or a station, or a seaport, and I see a coloured family there—the black father, the black wife and the black children... When I see these families arriving at the airport I am happy, and when I see them leaving at London airport I am happy. But if there is one thing that gets up my nose, I must admit, it is this—the way... the thing is when I am down in Torquay and I switch on my television and I see one of them reading our news to us. It is our news and they’re reading it to me. If I was a chauvinist I would say I object even to seeing women reading our news to us... But now we have women reading our news to us. If they could perhaps have their own news which they were reading to us, I suppose, it would be very interesting. For the time being, for a transitional period I'd be prepared to accept that the BBC should have a dinner-jacketed gentleman reading the important news to us, following by a lady reading all the less important news, followed by Trevor McDonald giving us all the latest news about the muggings and the drug busts...[80]
In 2007, The Guardian reported that Irving said, "The Jews are the architects of their own misfortune, but that is the short version A–Z. Between A–Z there are then 24 other characters in intervening steps".[81]
In September 1996, Irving filed a libel suit against Deborah Lipstadt and her British publisher Penguin Books for publishing a British edition of Lipstadt's book, Denying the Holocaust, which had first been published in the United States in 1993. At the same time, Irving also sued Gitta Sereny for libel for an article she had written about him in The Guardian newspaper although, as of 2007, the claim has yet to be heard in a court. In 1997, Irving threatened to sue John Lukacs for libel if he published a British edition of his book, The Hitler of History, but perhaps because Irving already had two libel suits going at that time, he did not follow through with this threat.
In her book, Denying the Holocaust, Lipstadt called Irving a Holocaust denier, falsifier, and bigot, and said that he manipulated and distorted real documents. Irving claimed to have been libeled under the grounds that Lipstadt had called him a Holocaust denier when in his opinion there was no Holocaust to deny as well as suggestions that Irving had falsified evidence or deliberately misinterpreted it. Though the author was American, Irving filed his suit in the English High Court, where the burden of proof in libel cases is on the defendant, unlike the U.S. where the burden is on the plaintiff. He was also able to file the lawsuit in the UK because the book was published there. As explained by the trial judge, Mr Justice Gray:
4.7 ... the burden of proving the defence of justification rests upon the publishers. Defamatory words are presumed under English law to be untrue. It is not incumbent on defendants to prove the truth of every detail of the defamatory words published: what has to be proved is the substantial truth of the defamatory imputations published about the claimant. As it is sometimes expressed, what must be proved is the truth of the sting of the defamatory charges made.
Irving approached Penguin and offered to drop them from his lawsuit if they would pull the book from publication in the UK, deny all of Lipstadt's conclusions and make a charitable donation in the name of Irving's daughter (who is disabled); he made clear he would not settle the lawsuit with Professor Lipstadt if Penguin settled with him. The publisher rejected his terms and the case went to trial.[82]
Lipstadt and Penguin hired the British solicitor Anthony Julius to present her case and Irving briefed the libel barrister, Richard Rampton QC. They also retained Professor Richard J. Evans, historian and Professor of Modern History at Cambridge University, as an expert witness. Also working as an assistant expert witness was the American Holocaust historian Christopher Browning. Evans and his two assistants spent more than two years examining Irving's work, while gathering evidence to support the claim that Irving had misrepresented evidence to support his prejudice. Evans suggested that in his view, Irving had knowingly used forged documents as sources, and that for this reason, Irving could not be regarded as a historian. Evans' report was the most comprehensive, in-depth examination of Irving's work:
Not one of [Irving's] books, speeches or articles, not one paragraph, not one sentence in any of them, can be taken on trust as an accurate representation of its historical subject. All of them are completely worthless as history, because Irving cannot be trusted anywhere, in any of them, to give a reliable account of what he is talking or writing about. ... if we mean by historian someone who is concerned to discover the truth about the past, and to give as accurate a representation of it as possible, then Irving is not a historian.[83]
In the trial, Irving represented himself. He called the American Kevin B. MacDonald, an evolutionary psychologist, to testify on his behalf. Irving also subpoenaed the diplomatic historian D.C. Watt and the military historian John Keegan to testify in his case against Lipstadt; both men had refused an earlier offer to testify for Irving on their own and appeared to be very reluctant on the stand. Rather than focus on the defence's evidence against him, or on whether or not Lipstadt had defamed him, Irving seemed to focus mainly on his "right to free speech". In his closing statement, Irving claimed to have been a victim of an international, mostly Jewish, conspiracy for more than three decades. At one point on 15 March 2000, during the course of Irving's closing argument, he referred to the Judge as 'Mein Führer' (page 193 of the transcript).
In presenting his ruling, Mr. Justice Gray concluded[84] that he found the following claims against Irving to be 'substantially true':
Irving has for his own ideological reasons persistently and deliberately misrepresented and manipulated historical evidence; that for the same reasons he has portrayed Hitler in an unwarrantedly favourable light, principally in relation to his attitude towards and responsibility for the treatment of the Jews; that he is an active Holocaust denier; that he is anti-Semitic and racist, and that he associates with right-wing extremists who promote neo-Nazism.
Irving lost subsequent attempts at appeal, the appeal finally being rejected by Lord Justice Sedley.
A 2001 episode of PBS's NOVA (titled "Holocaust on Trial") focused on the case, and showed re-enactments of events in the courtroom. Irving was played by British actor John Castle.
Not only did Irving lose the case, but in light of the evidence presented at the trial a number of his works that had previously escaped serious scrutiny were brought to public attention. He was also liable to pay all of the substantial costs of the trial, which ruined him financially and subsequently forced him into bankruptcy in 2002.
Irving was once highly regarded for his expert knowledge of German military archives. Much of his scholarship was disputed by historians to the point that his standing as a historian was challenged from his earliest publications.[1] Contentious in large part for advancing interpretations of the war considered favourable to the German side and for association with far-right groups that advanced these views, by 1988 he began advocating the view that the Holocaust did not take place as a systematic and deliberate genocide, and quickly grew to be one of the most prominent advocates of Holocaust denial, costing him what scholarly reputation he had outside those circles.
In a book review published in the Frankfurter Allgemeine Zeitung on June 18, 1979, the German historian Andreas Hillgruber for the most part offered a highly unfavorable judgment of Irving’s work (especially the claim that Operation Barbarossa was a “preventive war” forced on Hitler)[85]. Despite his criticism, Hillgruber ended his review with the comment that Irving’s work “amounts to an indubitable and in no way small merit of Irving”[86]. In an article published in the Frankfurter Allgemeine Zeitung on October 18, 1989 Rainer Zitelmann praised Irving for having “struck a nerve”[87]. Zitelmann found much to be praised about Irving’s claim that the lack of a written Führer order for the Shoah suggests that Hitler was unaware of the Holocaust[88]. Zitelmann ended his article with the claim that “Irving must not be ignored. He has weaknesses [but he is] one of the best knowers of sources…[and has] contributed much to research”[89].
In a review of Irving's 1988 book Churchill's War, David Cannadine, the director of the Institute of Historical Research, University of London, criticised Irving's "double standard on evidence", accusing Irving of "demanding absolute documentary proof to convict the Germans (as when he sought to show that Hitler was not responsible for the Holocaust), while relying on circumstantial evidence to condemn the British (as in his account of the Allied bombing of Dresden)."[90]
Prominent British historian Sir John Keegan wrote in 1996 in his book The Battle for History, "Some controversies are entirely bogus, like David Irving's contention that Hitler's subordinates kept from him the facts of the Final Solution, the extermination of the Jews..." During the libel trial, Keegan—who had been subpoenaed by Irving to appear as a witness—lambasted Irving by saying: "I continue to think it perverse of you to propose that Hitler could not have known until as late as October 1943 what was going on with the Jewish people" and, when asked if it was perverse to say that Hitler did not know about the Final Solution, answered "that it defies common sense".[91]
In an 20 April 1996 review in The Daily Telegraph of Goebbels: Mastermind of the Third Reich, Keegan wrote that Irving "knows more than anyone alive about the German side of the Second World War", and claimed that Hitler's War was "indispensable to anyone seeking to understand the war in the round".[90] In an article in The Daily Telegraph of 12 April 2000, Keegan spoke of his experience of the trial, writing that Irving had an "all-consuming knowledge of a vast body of material" and exhibited "many of the qualities of the most creative historians", that his skill as an archivist could not be contested, and that he was "certainly never dull". However, according to Keegan, "like many who seek to shock, he may not really believe what he says and probably feels astounded when taken seriously".[92]
John Lukacs has labeled Irving an apologist for Hitler who consistently handled historical evidence in Hitler’s favor.[93] Lukacs maintains that over the years, Irving’s treatment of Hitler has gone from a barely concealed admiration to a Great Man treatment of Hitler.[94] Lukacs argues that Irving's picture of Hitler is defective because of his tendency to confuse asserting that Hitler was a great warlord as being the same thing as proving Hitler was a military genius, which leads to a total neglect of the crucial question of why Hitler took particular decisions at particular times.[95] Lukacs condemned Irving for as historian for his “twisting” of evidence (i.e. labeling Adolf Eichmann’s statement before an Israeli court in 1961 that he heard from Himmler that Hitler had given a verbal order for the Holocaust as mere “hearsay”).[96] Lukacs described Irving in his 1997 book The Hitler of History as the most influential of Hitler’s apologists, and found it “regrettable” that many professional historians cite Irving as a source.[97] Lukacs called Irving’s historical opinions objectionable and inexcusable, and complained that too many of Irving’s opinions were supported by footnotes that referred either to sources that did not exist or said something different from what Irving wrote.[98] Some of the examples Lukacs cited in support of his claim was Irving’s contemptuous statement mocking the Polish cavalry for charging German tanks (a legend discredited even in the 1970s when Irving wrote Hitler’s War), asserting with no source that Hitler refused a lavish banquet prepared for him in Warsaw in 1939, for crediting a statement again with no source to Hitler in August 1940 that he would let Churchill live in peace after defeating Britain, for falsely claiming the German drive onto Moscow in 1941 was forced on him by his General Staff, and for putting his own words in a speech of Hitler in September 1943 implying Churchill was a decadent homosexual (not something that was in Hitler’s speech).[99] Lukacs asserted too many of the crucial statements by Irving in Hitler’s War such as his claim that Hitler foresaw Operation Uranus, the Soviet counter-offensive at the Battle of Stalingrad or his claim that the Hungarian leader Major Ferenc Szálasi wanted to fight to the bitter end in 1944-45 (when he wished for a compromise peace) were completely dishonest and untrue statements supported by references to non-existent documents.[100]
In the 1990s, Irving featured on his web-site a translation of a letter by the prominent German historian Hans Mommsen, praising Irving's skill as a researcher. Mommsen, who had written the letter in 1977, unsuccessfully attempted to have it removed, but did succeed in forcing Irving to feature a second letter from him written in 1998 in which Mommsen completely disavowed his 1977 letter.
In a six-page essay in The New York Review of Books, Gordon A. Craig, a leading scholar of German history at Stanford University, noted Irving's claims that the Holocaust never took place and that Auschwitz was merely "a labor camp with an unfortunately high death rate".[101] Though "such obtuse and quickly discredited views" may be "offensive to large numbers of people", Craig argued that Irving's work is "the best study we have of the German side of the Second World War" and that "we dare not" disregard his views. Craig called Irving a "useful irritant”; a devil's advocate historian who promoted what Craig considered to be a twisted and wrong-headed view of history, with a great deal of élan, but his advocacy of these views forced historians to make a fruitful epistemological examination about the current state of knowledge about the Third Reich.
After Irving denied the Holocaust in two 1989 speeches given in Austria, the Austrian government issued an arrest warrant against him and barred him from entering the country. This case came up again in 2005 when Irving was arrested and brought to trial (see next section).[102] In early 1992 a German court found him guilty of Holocaust denial under the Auschwitzlüge section of the law against Volksverhetzung (a failed appeal by Irving would see the fine rise from 10,000 DM to 30,000 DM), and he was subsequently barred from entering Germany.[103] Other governments followed suit, including Austria, Italy and Canada,[104] where he was arrested in November 1992 and deported back to the United Kingdom.[103] In an administrative hearing surrounding those events, he was found by the hearing office to have engaged in a "total fabrication" in telling a story of an exit from and return to Canada which would, for technical reasons, have made the original deportation order invalid. He was also barred from entering Australia in 1992, a ban he made four unsuccessful legal attempts to overturn.
On 27 April 1993 Irving was ordered to attend court to be examined on charges relating to the Loi Gayssot in France. The law, however, does not permit extradition and Irving simply refused to travel to France.
Then, in February 1994, Irving spent ten days of a three month sentence in London's Pentonville prison for contempt of court following a legal wrangling over publishing rights. Irving's legal troubles continued as a Mannheim court indicted him for defaming the dead; because of this action, he would be fined 20,000 DM in mid-1997.
Early in September 2004, Michael Cullen, the deputy prime minister of New Zealand, announced that Irving would not be permitted to visit the country, where he had been invited by the National Press Club to give a series of lectures under the heading "The Problems of Writing about World War II in a Free Society". The National Press Club defended its invitation of Irving, saying that it amounted not to an endorsement of his views, but rather an opportunity to question him. The intended visit provoked an outcry among Jewish groups, who were not appeased by Irving's promise not to speak about the Holocaust.
Irving had visited New Zealand twice before in the 1980s. His intended 2004 visit was refused on the grounds that he had been convicted of offences by a German court, and that at various times had been deported from, and/or refused entry to, Canada, the United States, Italy, and South Africa. "Mr. Irving is not permitted to enter New Zealand under the Immigration Act because people who have been deported from another country are refused entry", government spokeswoman Katherine O'Sullivan had told The Press earlier. Irving rejected the ban and attempted to board a Qantas flight for New Zealand from Los Angeles on 17 September 2004. He was not allowed on board. "As far as I'm concerned, the legal battle now begins", he was quoted as saying.
On 11 November 2005, the Austrian police in the southern state of Styria, acting under a 1989 warrant, arrested Irving. Four days later, he was charged by state prosecutors with the speech crime of "trivialising the Holocaust". His application for bail was denied on the grounds that he would flee or repeat the offence. He remained in jail awaiting trial. On 20 February 2006 Irving pleaded guilty to the charge of "trivialising, grossly playing down and denying the Holocaust".
Before Irving's sentencing hearing, he stated through his lawyer that he had changed his views and his ways. At the trial, Judge Liebtreu quoted numerous statements of Irving's, including "there were no gas chambers at Auschwitz" and "it makes no sense to transport people from Amsterdam, Vienna and Brussels 500 kilometres to Auschwitz simply to liquidate them when it can be more easily done 8 km from the city where they live". Irving informed Judge Liebtreu that he "regretted the formulation".
Towards the end of the hearing, Irving again publicly recanted, saying that "I've changed my views. I spoke then about Auschwitz and gas chambers based on my knowledge at the time, but by 1991 when I came across the Eichmann papers, I wasn't saying that any more and I wouldn't say that now. The Nazis did murder millions of Jews. ..I made a mistake by saying there were no gas chambers, I am absolutely without doubt that the Holocaust took place. I apologise to those few I might have offended though I remain very proud of the 30 books I have written." However, Irving continued to insist that Hitler knew nothing of the death camps, and that "The figure of six million killed Jews is just a symbolic number".
In an uncompromising summary, Michael Klackl, the prosecuting attorney, stated:
David Irving only uses words, but these words are used by right-wing extremists to give them an ideological position. Mr Irving might have said he has changed his views, but that has all been a show for you. Theatrical exhibition to save himself from the maximum sentence. He has played a role for you today. The thread of anti-Semitism runs through him.[105]
The judge, Peter Liebtreu, summarized:
He showed no signs that he attempted to change his views after the arrest warrant was issued 16 years ago in Austria. ... He served as an example for the right wing for decades. He is comparable to a prostitute who hasn't changed her ways. ... Irving is a falsifier of history and anything but a proper historian. In the world of David Irving there were no gas chambers and no plan to murder the Jews. He's continued to deny the fact that the Holocaust was genocide orchestrated from the highest ranks of the Nazi state.[106]
At the end of the one-day hearing, Irving was sentenced to three years' imprisonment in accordance with the Austrian Federal Law on the prohibition of National Socialist activities (officially Verbotsgesetz, "Prohibition Statute") for having denied the existence of gas chambers in National Socialist concentration camps in several lectures held in Austria in 1989. Irving sat motionless as Liebtreu asked Irving if he had understood the sentence, to which Irving replied "I'm not sure I do" before being bundled out of the court by Austrian police. Later, Irving declared himself shocked by the severity of the sentence. He reportedly had already purchased a plane ticket home to London, believing the court would "not be stupid enough" to lock him up.[107]
After the sentencing, Liebtreu told the audience that "The court did not consider the defendant to have genuinely changed his mind. The regret he showed was considered to be mere lip service to the law".
On 28 February, Irving once again questioned the Holocaust, asking "Given the ruthless efficiency of the Germans, if there was an extermination programme to kill all the Jews, how come so many survived?" He claimed that the number of people gassed in Auschwitz was relatively small, and that his earlier claims that there had been no gassing at all had been a "methodological error". According to Irving, "You could say that millions died, but not at Auschwitz".[108] Within hours, the Austrian government reacted by barring Irving from further communication with the media.
Irving stated that he would use time spent in prison to write his memoirs, entitled Irving's War.
Deborah Lipstadt, upon hearing of Irving's sentence to three years' imprisonment, said, "I am not happy when censorship wins, and I don't believe in winning battles via censorship... The way of fighting Holocaust deniers is with history and with truth".[109]
Indeed, many feared that Irving could become a martyr for far-right activists, and the issue also raised a debate on what grounds freedom of speech could be denied in democratic countries.
Concerning the Austrian 'Prohibition Statute,' the Austrian Federal Ministry for Foreign Affairs insisted that it conforms with international law and international human rights standards, and that it is not contrary to Article 10 of the European Convention on Human Rights 1950, that being a statute "...necessary in a democratic society (inter alia)... for the prevention of disorder or crime,... [and]... for the protection of the rights of others". Should Irving have wished to determine whether the Austrian authorities were correct on this point and not an excessive and illegal intrusion on the right of freedom of expression, he would have had to appeal to the European Court of Human Rights.
Both Irving, hoping to have the verdict overturned, and the Austrian prosecutor, calling for a longer sentence, served appeals on 22 April 2006. From 1 September to 4 September, the Austrian Supreme Court considered Irving's appeal but ultimately ruled against him.[110] The appeal over the length of sentence was heard and concluded on 20 December. The court replaced two-thirds of Irving's jail sentence with probation. Since he had already served the balance of his sentence in jail, he was released from prison, and was deported to the United Kingdom.[111][112][113][114] Upon Irving's arrival in the UK he reaffirmed his position, stating that he felt "no need any longer to show remorse" for his Holocaust views.[115] On 21 December 2006, Irving was technically "expelled" from Austria; he was banned from ever returning to the country again.[116]
His imprisonment caused some controversy and has been criticized on the grounds of free speech issues. The German historian Hans-Ulrich Wehler supported Irving’s imprisonment under the grounds that “The denial of such an unimaginable murder of millions, one third of whom were children under the age of 14, cannot simply be accepted as something protected by the freedom of speech”.[117] By contrast Deborah Lipstadt argued that Irving should not be imprisoned for expressing views that she finds odious and wrong.[118] Others have stated that "nothing could be more fatal to our rights to speak and to write than for us to deny others the right to deny our dearest beliefs".[119] Opponents of Irving’s imprisonment argue that free speech should be applied to everyone regardless of their viewpoints and that it is a slippery slope to imprison someone due to the lack of factual accuracy or unpopularity of their opinions.[120] It has also been argued that by imprisoning Irving the Austrian courts made a martyr out of Irving and did more damage than good, and that it would have been better to simply "let him go home and let him continue talking to six people in a basement," and "let him fade into obscurity where he belongs".[121]
Irving appeared in Hungary in 2007, where on 15 March he took part in and gave a speech for a far-right nationalist rally.[122]
On 18 May 2007, he was expelled from the 52nd Warsaw International Book Fair in Poland because books he brought there were deemed by the organizers as promoting Nazism and antisemitism, which is in violation of Polish law.[123]
Irving and BNP leader Nick Griffin were invited to speak at a forum on free speech at the Oxford Union on 26 November 2007, along with Anne Atkins and Evan Harris.[124] The debate took place after Oxford Union members voted in favour of it,[125] but was disrupted by protesters.[126]
In October 2008 a controversy erupted in Norway over David Irving's invitation to The Norwegian Festival of Literature taking place between 26–31 May 2009 in Lillehammer. The festival is the largest literature festival in the Nordic countries. Several of the country's most distinguished authors protested the invitation. Leader of the board for the festival, Jesper Holte, defended the invitation by stating that "Our agenda is to invite a liar and a falsifier of history to a festival about truth. And confront him with this". Irving has been invited to discuss his concept of truth "in light of his activity as a writer of historical books and the many accusations he has been exposed to as a consequence of this." Although Irving is introduced in the festival's webpages as "historian and writer" the board chair leader defended the more aggressive language being used to characterize Irving in connection with the controversy that had arisen. Lars Saabye Christensen and Roy Jacobsen were two authors who had threatened to boycott the festival on account of Irving's invitation and Anne B. Ragde stated that Sigrid Undset would have turned around in her grave. The festival has as its subsidiary name "Sigrid Undset Days" and a representative of Undset's family had requested that the name of the Nobel laureate be removed in connection with the festival.[127][128] Also the Norwegian organization Fritt Ord was critical to letting Irving speak at the festival[129] and had requested that its logo be removed from the festival.[130]
In the matter of days after the controversy had started, the invitation was withdrawn. This led author Stig Sæterbakken, who had invited Irving, to resign from his position as director of program content for the festival in protest of the decision. The head of the festival, Randi Skeie, deplored what had taken place, stating "Everything is fine as long as everyone agrees, but things get more difficult when one doesn't like the views being put forward."[129]