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Benjamin Ferencz, the last surviving prosecutor of Nazis at Nuremberg, dies at 103

(JTA) — Benjamin Ferencz, the last surviving member of the prosecuting team at the Nuremberg trials that convicted Nazi ringleaders for crimes against humanity, died Friday evening in Florida. He was 103.

Ferencz was 27 and a graduate of Harvard Law School when he was named as the chief prosecutor at the Einsatzgruppen Trial, in which 20 members of the SS’s mobile death squads were convicted of war crimes and crimes against humanity. Two others were convicted of membership in a criminal organization. 

Slight and boyish looking, he is seen in newsreel footage of the trials speaking deliberately and passionately in an accent shaped by his upbringing in Manhattan. “Vengeance is not our goal, nor do we seek merely a just retribution,” he tells the tribunal. “We ask this court to affirm by international penal action, man’s right to live in peace and dignity, regardless of his race or creed. The case we present is a plea of humanity to law.”

Ferencz would go on to play a key role on the team that negotiated the watershed 1952 reparations agreements under which West Germany agreed to pay $822 million to the State of Israel and to groups representing Holocaust survivors. Ferencz was featured in two recent documentaries about the Holocaust and its aftermath: Ken Burns’ PBS series, “The U.S. and the Holocaust,” and “Reckonings: The First Reparations,” a 2022 film funded by the German government with support by the Conference on Jewish Material Claims Against Germany. 

In a statement about the latter film and his role in the reparations negotiations, Ferencz said: “At the time, we were just trying to do what was right. Looking back, I can see that it was this work, the legal work of negotiating agreements and finding justice, that led to peace. It is the indemnification that allowed both Israel and Germany to find a peaceful path forward and rebuild themselves on the world stage.”

In December 2022, the U.S. Congress awarded him the Congressional Gold Medal, its highest honor, thanks to lobbying by six House members led by Rep. Lois Frankel (D-Florida).

“Ben Ferencz was a giant,” said Menachem Rosensaft, the general counsel and associate executive vice president of the World Jewish Congress, in a statement. “He devoted himself to the very end of his long and distinguished career to making sure that the lessons of Nuremberg would become engrained in both international law and the consciousness of society as a whole. He was also a fierce and tireless champion of providing at least a modicum of justice to Holocaust survivors.”

Born in Transylvania in 1920, Ferencz immigrated to the United States with his Jewish family as an infant. They settled in Manhattan, where he attended City College of New York and law school at Harvard. He joined the U.S. Army after graduation, where he was eventually assigned to the headquarters of Gen. George S. Patton’s Third Army and a team tasked with collecting evidence for war crimes. At Buchenwald, he once recalled, “I saw crematoria still going. The bodies starved, lying dying, on the ground. I’ve seen the horrors of war more than can be adequately described.

Ferencz was a civilian by the time he led the team at the Einsatzgruppen Trial, one of the “Subsequent” Nuremberg proceedings that followed the 1945-1946 International Military Tribunal. The Subsequent trials, held between 1946 and 1949, were held by U.S. military courts and dealt with cases of crimes against humanity, the use of slave labor and atrocities against prisoners of war and partisans. Of all the cases brought against Nazis, the Einsatzgruppen Trial, which lasted from September 1947 until April 1948, was the only one to have Holocaust crimes as its major focus.

In 2012, Benjamin Ferencz poses in Courtroom 600 of the Palace of Justice, where the Nuremberg Trials were held 65 years earlier. (Adam Jones/Wikipedia)

After the trials Ferencz became director-general of the Jewish Restitution Successor Organization and fought for compensation for victims and survivors of the Holocaust and the return of stolen assets. He entered private law practice, and later worked for the institution of the International Criminal Court, which was established in 2002. He was fiercely critical of the decision by the United States not to ratify the treaty that established the court. “War-making itself is the supreme international crime against humanity and … it should be deterred by punishment universally, wherever and whenever offenders are apprehended,” he wrote in 2018.

From 1985 to 1996, he was an adjunct professor of international law at Pace University in Manhattan. He eventually retired to South Florida, but remained vocal in his opposition to war. 

Ferencz is survived by a son and three daughters. His wife Gertude died in 2019.

In 2017, the Municipality of The Hague honored Ferencz for his achievements by naming the footpath adjacent to the Peace Palace after him. That same year, the U.S. Holocaust Memorial Museum’s Simon-Skjodt Center for the Prevention of Genocide launched the Ferencz International Justice Initiative.


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Israel and US go for regime change in Iran, with leaders few trust

TEL AVIV, Israel — We were woken just after 8 a.m. by a siren, followed within minutes by the notification that there were in fact no incoming missiles. It appeared the government had decided to use the alert system as a kind of national alarm clock, to let the country know that the war had begun. For the second time in nine months, Israel had attacked Iran. This time it was in coordination with the United States.

Within the hour we had already been sent to the shelter by an actual missile alert. By midday, we would make that trip five times. The country, as far as one can tell from the stairwells and the WhatsApp groups, is stoic. Irritated, tired, but stoic. This is absurd, people say, but they lace up their shoes and head downstairs anyway. Or to the reinforced safe rooms that the lucky few have.

The arguments for this round of conflict are not, on the surface, overwhelming. After the 12-day war in June, Prime Minister Benjamin Netanyahu declared that Iran’s nuclear and ballistic missile programs had been set back for many years, that the major threat to Israel’s existence had been removed. President Donald Trump, after American B-2 bombers joined on the final day, spoke repeatedly of the nuclear threat being “obliterated” at Fordo, Natanz and Isfahan. He bristled at intelligence assessments suggesting otherwise.

There has been little public evidence that Iran rebuilt that threat in the interim. Netanyahu said around midday Saturday in a recorded radio address that Iran’s new capabilities were being placed underground. Trump, meanwhile, demanded that Iran forswear nuclear weapons; but Tehran has long said it does not seek them, even as it enriched uranium to levels with no civilian justification. No one believes them. But they have been saying it.

In the shelter, I had time to contemplate all this with the same cast of neighbors I got to know rather well in June.

The divorced lawyer and her boyfriend. The mathematics divorcee with her enormous dog, which takes up the space of two folding chairs. The sweet elderly couple who sit holding hands, as if the room were a train platform and they might be separated. The religious French family from upstairs preparing to celebrate a son’s 18th birthday; the mother, improbably, in her finest dress at 9 in the morning. Everyone bleary-eyed. Everyone attempting humor. Some trepidation, but not much.

At one point a commotion erupted. Someone had noticed that a shop in the building had installed an air-conditioning unit in such a way that it partially blocked the emergency exit from the underground shelter. The prospect of being herded underground because of missiles while potentially trapped was not exactly welcome. My wife calmly announced she would deal with the management company first thing Sunday morning. I know her. She will.

It is in rooms like that that the big questions feel both distant and unavoidable. Why now? If the programs were truly crippled in June, what has changed? One possible answer lies not in centrifuges but in politics.

Trump had boxed himself in last month when he told Iranian protesters that “help is on its way.” Thousands, perhaps tens of thousands, took him at his word and were killed by the regime’s goons. Trump took heat for having encouraged them and then done nothing. He looked ridiculous, and — to paraphrase The Godfather — a man in his position cannot afford to look ridiculous.

In the interim, the U.S. steadily built up an armada in the region. Ships and planes accumulated in a way that was slow, but deliberate and ultimately overwhelming. It began to look like the kind of force that was not likely to go unused.

The more reasonable argument for assuming the risks of war — casualties, disruption in the oil markets, escalation and so on — is regime change. That idea has a grim history. It rarely works as intended. It is unpredictable, destabilizing, morally fraught. The record in the Middle East is not encouraging. The legal right to do it is debatable at best.

But there are exceptions, and the Islamic Republic, in its 47 years, has made a compelling case for being one.

Its internal repression is ferocious. Protesters are shot or imprisoned in numbers that make gradual reform a fantasy. Short of a palace coup, the Iranian people have little chance of dislodging their rulers on their own.

Moreover, Iran has destabilized the region for decades through proxy militias trying to spread jihadism: Hezbollah in Lebanon, the Houthis in Yemen, Shiite militias in Iraq, Palestinian Islamic Jihad and Hamas. Hezbollah helped prop up Bashar al-Assad’s regime in Syria. Hamas’s Oct. 7 attack ignited a war that left tens of thousands dead in Gaza and over a thousand murdered in Israel. Not every evil in the region can be laid at Iran’s door, but a significant share can, and much of it has victimized fellow Muslims.

There is a wide consensus in Israel that the Iranian regime is a menace. Many Israelis believe that if it fell, it would be good for Israel and good for the Iranian people. They harbor a romantic notion that a democratic Iran would become a partner, even an ally, and that ordinary Iranians would thank Israel for helping to bring about that outcome. Whether that is naive is another matter, but the distinction between regime and people is real in the Israeli mind.

And in what was perhaps the only surprise of the day — for the attack itself was widely telegraphed — Trump set regime change as the true aim of the operation in his comments announcing the strikes. In his characteristic rambling, self-congratulatory style, he urged Iranians to take over their government — and catalogued the crimes of the regime, going all the way back to the 1979-80 hostage crisis at the U.S. embassy in Tehran.

This from a man whose National Security Strategy, released in December, downplayed democracy promotion, and who has shown little affection for liberal norms at home or abroad. Many assumed he wanted only some agreement he could spin as a win — yet he instead seems intent on transforming Iran.

Might regime change actually work? Without a ground invasion — which is neither contemplated nor remotely plausible — the odds seem low. Authoritarian systems are designed precisely to absorb shocks. Enough of the regime would have to be symbolically and practically shattered — key figures eliminated, command centers wrecked, the aura of invulnerability broken — that mass protests resume at a scale the authorities cannot contain.

The calculation appears to be that sustained external pressure, combined with visible regime weakness, could tip internal dynamics. A military already stretched by external attack might find itself unable, or unwilling, to suppress millions in the streets. What follows would not be a popular revolution in the romantic sense but something closer to a palace coup: factions within the system deciding survival requires abandoning the clerical leadership.

Trump’s rhetoric suggested precisely this. His call for the Revolutionary Guard to stand down, coupled with promises of amnesty, is an attempt to split the regime from within, to persuade those with guns that their future lies in defecting rather than fighting. It could work — because that is how hated the regime actually is.

It would have been better for any such action to have gotten the green light from the United Nations Security Council. But — even beyond Trump’s disrespect for the organization — that body is paralyzed by the veto power of Russia, Iran’s sometimes ally.

Moreover, all of this would be easier to deal with if the leaderships in Israel and the U.S. were trusted at anywhere near a normal level. But we are dealing with Trump and Netanyahu.

Trump, it need hardly even be said, has made dishonesty a kind of performance art. He is the most determined dissembler to ever hold the American presidency, as far as I can tell. It has become something of a joke, in America and across the world. In a moment like this, it is not a joke. So in a crisis that could reshape the region, there is no reliable way to know if his claims are true.

Something even worse can be said of Netanyahu, who is on trial for bribery and trailing badly in the polls ahead of elections that must be held by October and could come sooner. It is axiomatic for many Israelis that he would do anything to cling to power, including starting another war.

So these two men, each viewed by large portions of their publics as self-interested and manipulative, now preside over a conflict that could be ruinous.

And yet there is another astonishing layer. Trump, who has damaged the standing of the U.S., abandoned Ukraine, expressed admiration for Russian President Vladimir Putin and rattled NATO with talk of seizing Greenland from Denmark, may be on the verge of a historic achievement. If the Iranian regime were to fall with American assistance, it would rank among the most consequential geopolitical events of the past half-century, perhaps second only to the collapse of Soviet communism. Oddly, I am old enough to have witnessed that as well, as a correspondent for the Associated Press.

Back in the shelter, there is a massive improvement relative to June: Wi-Fi has been installed, thanks to my tireless wife. The dog is still panting, the elderly couple still holds hands, the air-conditioning unit still blocks the exit, the French mother is now checking her phone between sirens.

It is possible to feel two contradictory things at once. This might be a reckless, perhaps even insane action launched by unworthy leaders. And it might, just possibly, change everything for the better.

The post Israel and US go for regime change in Iran, with leaders few trust appeared first on The Forward.

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US, Israel strike Iran: Trump, Netanyahu call for regime change in Tehran as Israelis take shelter

(JTA) — This is a developing story and will be updated.

The United States and Israel jointly launched what U.S. President Donald Trump called “a major military operation” in Iran on Saturday morning, ending weeks of speculation.

Iran immediately retaliated by launching missiles toward Israel and U.S. positions in the Middle East, sending Israelis across the country to bomb shelters for the first time since last June.

Both President Donald Trump and Prime Minister Benjamin Netanyahu indicated in video addresses that their goal was to topple the Islamic Republic regime that has been in place for nearly 50 years.

“Our joint operation will create the conditions for the brave Iranian people to take their fate into their own hands,” Netanyahu said.

“To the great, proud people of Iran, I say tonight that the hour of your freedom is at hand. Stay sheltered. Don’t leave your home. It’s very dangerous outside. Bombs will be dropping everywhere,” Trump said. “When we are finished, take over your government. It will be yours to take this will be probably your only chance for generations.”

Trump cited the Oct. 7, 2023, attack on Israel by Hamas as one in a series of attacks staged or supported by Iran over decades justifying the campaign, in which he warned U.S. service members could die.

One person was reported injured in a first wave of retaliatory attacks in Israel. Most missiles appeared to have been shot down, with the sounds of explosions resounding in parts of the country. A second wave was reported to be on its way several hours later.

Last year, nearly 30 people in Israel were killed by Iranian missiles during a 12-day war that included a U.S. strike on Iranian targets. Trump said again during his address that the attack had “obliterated the regime’s nuclear program” but said the country “rejected every opportunity to renounce their nuclear ambitions” since.

U.S. and Iranian negotiators most recently met on Thursday in Geneva. On Friday, U.S. Ambassador to Israel Mike Huckabee told embassy staff that they could leave Israel, urging them to do so “TODAY” if they chose to depart, signaling that the massive troop buildup in the Middle East could soon be deployed against Iran.

In Israel, Ben Gurion Airport has closed; hospitals relocated essential operations underground; and synagogues that had been hosting Shabbat services reconvened in parking decks. The country is set to celebrate Purim, a holiday celebrating the defeat of a Persian ruler who had tried to kill the Jews, starting Monday night.

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In a viral social media showdown, a glimpse of the real Israel

In amateur video footage circulated across Israeli social media in recent weeks, a disturbing scene unfolds. A young man in his mid-twenties, wearing a military-style jacket, looms over a silver car in the heart of Tel Aviv. Inside the vehicle sits an 89-year-old man, mouth agape, expression frozen.

“Dictator! Khamenei!” the young man shouts, his voice sharp, emotional and aggressive.

The young man was Mordechai David, a provocateur who has been documented in a series of confrontations with public figures, journalists and protesters, adopting a style built on creating moments designed for virality. The elderly passenger was former Supreme Court president Aharon Barak — the man whom Prime Minister Benjamin Netanyahu’s propaganda machine has painted as a demon, blamed for building, during his tenure in the 1990s, an allegedly over-independent judiciary that supposedly obstructs “governance” by a government eager for unrestrained power.

David, raised in Bnei Brak as the son of a convert to religious life, has become something of a celebrity. His past includes multiple criminal highlights. Blocking Barak’s car may have marked his peak. In a subsequent social-media video, David “apologized” for not blocking Barak’s vehicle “more.”

Two different visions of Israel

David’s stunt is one of several intertwined recent stories in Israel that, between them, outline the contours of a deeper struggle over the character of its society. It is a clash between two fundamentally different visions for the country. And Israel’s fate hangs in the balance.

David’s is a political culture where perpetual confrontation and boundary-breaking increasingly define public behavior. On the other side sits Lucy Aharish, a 44-year-old journalist who grew up in Dimona.

Aharish studied political science at the Hebrew University, and over the years has worked at a variety of radio and TV stations in Israel, including I24News in English, a channel on which I also frequently appear. Today, she hosts a current affairs program. The mother of a little boy, she is also a fierce opponent of Netanyahu and his circle.

That has attracted the ire of the Netanyahu machine’s street rabble. This week, Mordechai David arrived at her doorstep with a megaphone. According to reports, David and one of his followers managed to enter her building — and at the entrance, a tense confrontation unfolded.

This requires the introduction of another character: Tsahi Halevi, 50, an artist of unusual charisma. He is a singer and highly accomplished actor who portrayed Naor in the internationally acclaimed series Fauda, a character admired for intelligence, composure and moral clarity.

In a twist that could only occur in Israel, Halevi also partly plays himself. The son of a Mossad officer, he, like Naor, served as an officer in an elite undercover unit. On Oct. 7, 2023, he volunteered for reserve duty and rushed to the scenes of devastation, where he helped save many lives.

Matan Gendelman, a survivor of the Kfar Aza massacre, recently recounted in Israeli media that Halevi helped rescue her trapped family members after being directed to the scene by his wife, who received the family’s location through social media.

His wife is Lucy Aharish. “Pure gold, the salt of the earth,” Gendelman said of the couple.

The likes of David would vehemently disagree.

Why? Because Aharish, in addition to being a Netanyahu critic, is a member of Israel’s Arab minority. And because Aharish and Halevi are a mixed couple, the hostility against them burns even more intensely.

Back at their house, there was a scent of violence in the air as the decorated officer and provocateur traded barbs.

“You come to my home?” Halevi challenged; “I feel like protesting against your wife!” David replied. “How far do you want this to go?” Halevi asked, menacingly, as police separated the two. The police dragged David away, but he ensured himself another viral success; his future may hold a respectable place on the Likud list for the Knesset.

‘The affliction of Israeli society’

Aharish chose to respond on television. “Bullying — this is the affliction of Israeli society,” she said. “It is escalating. We see it in the streets, on the roads, in public discourse — and now it has reached my own doorstep.”

Worse, she added, “The spirit of this government is a bad spirit that encourages bullies. I will not bow my head before these inciters.” She also addressed Netanyahu directly: “This is precisely your way, Mr. Prime Minister — not to see, not to hear, not to know what is happening under your nose. … One day, these bullies will reach your doorstep as well.”

In the vision of Israel embodied by Aharish and Halevi, with their impassioned but civil approach, even the most fierce political disagreement remains bounded by restraint. An important distinction is drawn between rival and enemy.

In that advanced by David, those boundaries erode. Confrontation becomes personal. Intimidation is standard.

The first vision leads to an Israel that strives for peace within itself and with its neighbors, and remains a prosperous liberal democracy grounded in basic rights and openness to the world. The second leads to an unstable, isolated and increasingly theocratic state, which will be in constant conflict with its neighbors, and from which the most productive citizens will steadily depart. In short order it will be unrecognizable, and nothing will be left of “Start-Up Nation.”

The 2026 elections, which must be held by October, will not merely determine a government. They may decide with finality which of these two Israels prevails. And after four years of trauma under Netanyahu’s far-right government, there is urgency in the air.

The post In a viral social media showdown, a glimpse of the real Israel appeared first on The Forward.

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