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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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This Jewish philosopher would have called out the Trump administration’s b.s. in Minneapolis
Last week, the Trump administration immediately defended the fatal shooting of Renee Good in Minneapolis, insisting that the ICE officer who shot her acted in self-defense after she had tried to run him down. That same night, the city’s mayor, Jacob Frey, replied to the administration’s claims: “Having seen the video myself, I want to tell everybody directly, that is bullshit.”
Frey’s language shocked some Americans, but perhaps reminded others of the word’s philosophical lineage. Last year marked the 25th anniversary of the publication of Harry Frankfurt’s On Bullshit, which became a surprise bestseller, blasting past Malcolm Gladwell’s Blink and Steven Levitt and Stephen Dubner’s Freakonomics to the top of the Times nonfiction list. But the Gray Lady spelled the title as On Bull—-, which exemplified, as yet another philosopher wryly noted, “what Frankfurt has castigated in his text.”
“One of the most salient features of our culture,” Frankfurt warns at the start of the book, “is that there is so much bullshit.” But the philosopher, whose book was published before the explosions of the internet, social platforms, AI, and Donald Trump descending the escalator at Trump Tower, had no idea just how much more bullshit could fill the world.
Yet, in light of events in Minneapolis, Frankfurt’s exploration of bullshit has now become, quite literally, deadly relevant. Frankfurt observes that the liar and truth-teller have something in common: Both acknowledge the existence of truth. The former, who tries to hide it, along with the latter who seeks to state it, recognize that truths abound in the world.
Not so, though, for the bullshitter, who simply ignores what is and is not true. He does not, as Frankfurter writes, simply “reject the authority of the truth, as the liar does, and oppose himself to it. He pays no attention to it at all.”
This leads to the heart of our present predicament. “The one thing the bullshitter does hide,” he remarks, “is that the truth values of her statements are of no central interests to her.” For this reason, Frankfurt concludes, “bullshit is a greater enemy of the truth than lies are.”
This claim should give us pause. After all, we honor those mythic figures who never tell a lie, be it George Washington or Horton the elephant. At the same time, we are shocked by those who honor Machiavelli, who famously advised the prince to “be a great liar,” observing that “a deceitful man will always find plenty ready to be deceived.”
Frankfurt salvages the reputation of the Machiavellian liar, reminding us that liars at least understand they are lying. In turn, this means they understand that there are truths hidden behind the lies. This is unfortunate, but not unexpected; as Mark Twain quipped, “Truth is the most precious thing we have. Economize it.”
Bullshitters are another matter altogether. In fact, they are truly dark matter because such people are ignorant of or indifferent to truth. Standing behind a podium in the White House press room or in front of ICE agents while wearing a 50-gallon cowboy hat, such individuals, Frankfurt explains, launch unhesitatingly into “a description of a certain state of affairs without genuinely submitting to the constraints which the endeavor to provide an accurate representation of reality imposes.”
This frees them from submitting to the constraints that a common understanding of morality imposes on us. In terms of foreign policy, Trump summarized this new standard of morality in his marathon interview with the Times last week. When asked if he recognized any limits on his use of power on the world stage, he replied, “Yeah, there is one thing. My own morality. My own mind. It’s the only thing that can stop me.”
The same worldview is now on display in the aftermath of the murder of Renee Good. The sole constraint on the behavior of the administration and its agents are their own minds — minds that, to paraphrase John Milton, are their own places, busy turning reality into a hell of their own making.
The funny thing about bullshitters is that they might just as easily utter a truth as a lie. Trump displayed such inadvertent truth-telling during his press conference following the attack on Venezuela, when time and again he emphasized its rationale. It was not to bring democracy, liberty and prosperity to the country, but instead to bring oil out of Venezuela and to him. But he does not care when he happens to stumble across a truth. “It is just this lack of connection to a concern with truth,” writes Frankfurt, “this indifference to how things really are, that I regard as the essence of bullshit.”
It is tempting to say that when Frankfurt’s book was published in 2005, we had a glimpse, thanks to George W. Bush’s invasion of Iraq, of the real-world consequences of bullshitting. My guess, though, is that Dubya and his cabinet still recognized and, in a way, valued truth. (Consider Dick Cheney’s deathbed denunciation of Donald Trump.)
But those days now seem halcyon compared to the hell we now face, one where both epistemological and moral truths have been tossed into the woodchipper. Perhaps one step we can take to resist this state of affairs is, like Mayor Frey and Harry Frankfurt, to start calling the Trump administration’s lies what they really are.
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After facing backlash, California congressional hopeful Scott Wiener says Israel is committing ‘genocide’
(JTA) — After declining to say whether he believed “Israel is committing genocide in Gaza” during a debate last week, California congressional candidate Scott Wiener has announced that he does, in fact, believe Israel’s actions in Gaza constitute a genocide.
Wiener’s demurral during the Wednesday debate, during which his two Democratic opponents endorsed the genocide charge without hesitation, elicited jeers from the audience. Afterwards, Wiener said he thought the lightning-round format was inappropriate for such a complex question but said he believed Israel’s actions in Gaza represented “an absolute moral stain.”
Facing ongoing criticism over his stance, Wiener — a leader of the Jewish caucus in California’s legislature — issued a video statement on Sunday saying that he had come to a clear conclusion.
“For years, I’ve condemned Netanyahu and his extremist government and the devastation they’ve inflicted on Gaza,” he wrote on X, introducing his statement. “It’s why I’ve been clear I won’t support U.S. funding for the destruction of Palestinian communities. I’ve stopped short of calling it genocide, but I can’t anymore.”
Wiener is running for the seat being vacated by Nancy Pelosi, a pro-Israel stalwart. His comments mean that all three Democratic candidates for the seat have firmly taken the position that Israel is committing genocide, a charge that Israel and the United States reject.
In the video, Wiener elaborated on his thinking.
“As a Jew, I am deeply aware that the word genocide was created in the wake of the Holocaust, which was the industrial extermination of 6 million Jews. For many Jews, associating the word genocide with the Jewish state of Israel is deeply painful and frankly traumatic,” he said. “But despite that pain and that trauma, we all have eyes, and we see the absolute devastation and catastrophic death toll in Gaza inflicted by the Israeli government. And we all have ears, and we hear the genocidal statements by certain senior members of the Israeli government. And to me, the Israeli government has tried to destroy Gaza and to push Palestinians out, and that qualifies as genocide.”
Wiener’s statement comes as harsh criticism of Israel becomes de rigueur among Democrats amid a bottoming-out of support among Democratic voters. Anti-Israel sentiment is on the rise among Republicans, too, shattering a decades-old consensus on the right about support for Israel.
Wiener has faced sustained protest from pro-Palestinian activists over his liberal Zionist stances. He has also long faced right-wing scorn as well as antisemitism-laced criticism over his stance on transgender rights, which he supports.
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Iran threatens to attack Israel if Trump strikes Tehran over crackdown on protesters
(JTA) — Iranian leaders say they could attack Israel if the United States strikes Iran over its response to a sweeping anti-government protest movement.
“Let us be clear: in the case of an attack on Iran, the occupied territories as well as all U.S. bases and ships will be our legitimate target,” Iranian Parliament Speaker Mohammad Baqer Qalibaf, a former commander in the country’s Revolutionary Guards, said on Saturday. Iranian officials use “the occupied territories” to refer to Israel, which the Iranian Islamic Republic regime has sworn to destroy and attacked repeatedly.
Qalibaf was responding to U.S. President Donald Trump’s repeated comments signaling potential U.S. retaliation against Iran in the event that Iranian officials begin killing anti-government protesters who have been demonstrating with increasing strength since late last month.
On Monday, Qalibaf reportedly escalated his threats at a pro-government rally in Tehran, saying Iran would deal Trump “an unforgettable lesson” if he follows through on his continued threats to intervene. Agence France Presse reported that he spoke in front of banners reading “Death to Israel, Death to America” in Persian.
Trump has openly said the United States is considering weighing in against the Iranian government. “Iran is looking at FREEDOM, perhaps like never before,” he wrote on Truth Social, his social media network, on Saturday. “The USA stands ready to help!!!”
On Sunday, amid reports that the Iranian regime had embarked on a bloody crackdown, Trump said again that he was considering “very strong options” against Iran, though he also said Tehran had reached out to negotiate. Amid reports that he expected to be briefed on military options against Iran on Tuesday, Trump indicated that the United States could act sooner.
“Iran wants to negotiate, yes. We may meet with them — I mean a meeting is being set up,” Trump told reporters on Air Force One late Sunday. “But we may have to act, because of what’s happening, before the meeting.”
Protest leaders said hundreds if not thousands of protesters had been shot to death in Tehran on Sunday, though official numbers were much lower and impossible for independent news organizations to verify in part because of an internet blackout that the government put in place last week.
“There seem to be some people killed that aren’t supposed to be killed,” Trump said. “These are violent — if you call them leaders, I don’t know if they’re leaders or just if they rule through violence. And we’re looking at some very strong options. We’ll make a determination.”
The potential for armed conflict between the United States and Iran, Israel’s sworn enemy, has prompted sharp concerns in Israel, which last year waged a 12-day war with Iran that ended under U.S. pressure following a U.S. strike on Iran’s nuclear facilities. Prime Minister Benjamin Netanyahu spoke on Sunday to U.S. Secretary of State Marco Rubio, and Reuters reported that Israeli intelligence officials said the country was on “high alert.”
At least one Israeli official has indicated that Israeli agents are active on the ground in Iran during the swelling protest movement, fueling criticism from Tehran that the protests have been stoked by foreign actors.
Demonstrations in support of the Iranian protesters, who are responding not only to the country’s repressive religious leadership but also an economic crisis, took place in cities around the world over the weekend. Some of the protests included Jewish Iranian expats and expressions of support for Israel.
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