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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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In the course of his 104 years, he resisted the Nazis, fought against blood libel and became a towering Jewish intellectual
Today, in a public ceremony held at Les Invalides, President Emmanuel Morin led the French Fifth Republic in paying its last respects to one of the nation’s great public figures, Edgar Morin, whose 104 years spanned the Third and Fourth Republics as well. He was a sociologist, philosopher, writer, film director and screenwriter. But Morin’s real profession was as an intellectual.
There is a vast literature on the character and career of the French intellectual — much of it written by intellectuals — just as there is much disagreement on when this social type first appeared. Some historians reach back as far as the Enlightenment and the role played by les philosophes like Voltaire in their struggle for political liberty and religious toleration, while other historians argue that the modern intellectual burst onto the scene more than a century later with the Dreyfus Affair.
It was at that pivotal moment in late 19th century France that the word “intellectuel” gained currency. Used as a term of scorn by antisemites like Maurice Barrès, they believed Captain Alfred Dreyfus was guilty of treason precisely because he was Jewish. As for those “intellectuals” who defended Dreyfus, Barrès dismissed them as “aristocrats of thought who boasted they did not think like the vile crowd.” Yet those same intellectuals, led by the novelist Émile Zola, gladly embraced the description. Convinced that objective reason and truth made Dreyfus’ innocence clear, they believed, as Zola famously declared, that “truth is on the march.”
But, as Morin always insisted, truth is complex. So, too, was his career, which in many ways reflects the origin story of the French intellectual. Born as Edgar Nahoum in Paris in 1921, his parents were Jewish immigrants from Salonica, a city that had been home to Greece’s largest Jewish community until World War II. (Nearly 90% of the community, some 54,000 men, women, and children were eventually murdered in Nazi death camps.) A precocious student, Nahoum spent his days in libraries studying German philosophers like Hegel and his nights in cinemas studying French films directed by the likes of Marcel Pagnol.
Yet everything changed, including his name, come France’s defeat and occupation by Nazi Germany in 1940. Making his way to the Unoccupied Zone, the 20-year-old Nahoum, who had been a pacifist before the war, soon joined both the banned Communist Party and the French Resistance. By 1944 and liberation, Nahoum had not only become a lieutenant in the Free French Forces, but due to a typo that turned his combat pseudonym “Manin” into “Morin,” the young man was renamed. In fact, he was remade. “What would we have been without the Resistance?” Morin later wondered. “It was thanks to the Resistance that we were given a life.”
And what a life it turned out to be. In 1951, the rebellious Morin, who was outraged by the Soviet show trials, was invited to leave the French Communist Party. At the same time, though he did not have a graduate degree, Morin was nevertheless invited — thanks to the recommendations of the philosophers Vladimir Jankéklévitch and Maurice Merleau-Ponty — to join the prestigious National Center for Scientific Research in Paris in 1950. It was there that he launched a career that fused his academic interests as a sociologist with journalism.
For the next three quarters of a century, Morin seemed to be everywhere all at once. (When I lived in France, I had the impression that, whether on the shelves of bookstores, pages of newspapers, or sets of television shows, I was always bumping into him.) When he was not being interviewed in documentaries, he was making them; when not publishing one of his more than 40 books, he was reviewing books written by others; when seismic events occurred, he was there before anyone else — and got a book out faster. And the books, the work of an intellectuel engagé, were often themselves events that left their mark on Morin’s contemporary audience and future scholars.
One of the most notable of these is La Rumeur d’Orléans, or Rumor in Orléans. In May, 1969 — just one year after the student rebellions that had swept across France (and about which Morin had already published a book) — a rumor started to sweep across the small city of Orléans, famous for being defended against the English by Joan of Arc in the 15th century. The rumor that took flight in Orléans in 1969 — a variation of the blood libel against Jews — was as old as Joan’s achievement. In the dressing rooms of several local clothing stores, so the rumor went, young women were being drugged and sex trafficked. Moreover, the owners of all these stores were, of course, Israëlites (the frequent moniker for French Jews since the 19th century.)
That there was not a single reported case of a missing, much less abducted, woman had little effect on the crowds that gathered outside these stores. As the crowds grew, along with the fear of the store owners and their staffs, the news media picked up on the event. Politicians and pundits expressed outrage and confusion over the rumor — how could this be possible just a quarter-century after Auschwitz, they asked — and the police began to investigate. They could not find a single culprit.
Within weeks of the news reaching Paris, Morin had collected a half-dozen colleagues and set up shop in Orléans to make sense of the rumor. The team, who described their work as la sociologie événementielle, or “event-based sociology,” interviewed locals, met with officials, and rifled through archival documents. Their conclusion reflected a truth dear to Morin: the complexity of any single event. By complexity, Morin did not mean “complicated,” a word we often use when we refuse to engage a subject. Instead, a complex event spans not only the many factors that made this event possible, but also encompasses the way in which our own theories and thoughts alter our understanding of the event. This complex event, Morin concluded, was partly the work of rapid modernization and the great changes it wrought: urbanization, consumerism, and sexual rebellion. It was as if, one historian remarked, “miniskirts were taking people back to the Middle Ages,” and back to the Jew as the traditional scapegoat for these vast social and economic disruptions.
But only partly. The man who described himself as “Judeo-Gentile” always insisted that events often take not just ordinary folk, but also specialists by surprise. Just as no one predicted France’s defeat in 1940, Morin never thought he had the courage to become a resistance fighter. Yet he did. This is a lesson in humility, of course, but also a lesson in humanity. “Let us make our way in uncertainty,” Morin always insisted, “but also in fraternity.” If only we could make this motto our own.
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That time Allen Ginsberg wrote a Socialist poem — about Bernie Sanders
Last June, while digging through 50 boxes of archival material about Bernie Sanders’s four terms as the mayor of Burlington, Vermont, a reporter for the British newspaper the Guardian found a poem by Allen Ginsberg. Written by hand on a 1986 visit to the city, “Burlington Snow” didn’t name Sanders, but he was clearly the populist muse that inspired it.
Ginsberg wrote, “Socialist snow on the streets / Socialist talk in the Maverick Bookstore / Socialist kids sucking socialist lollipops.” Then he turned outward, questioning with almost Elizabethan wit: “—aren’t the birds frozen socialists? / Aren’t the snowclouds blocking the airfield Social Democratic appearances?”
After Ginsberg shares the city’s governing idea, the poem itself is shared: “Isn’t this poem socialist? It doesn’t belong to me anymore.”
The iconic Jewish-American poet was writing about the Jewish-American socialist almost exactly 30 years ago, on a February day in snow-covered New England like the one on which Sanders won in New Hampshire. Spreading online, the poem has delighted both poetry people and Sanders loyalists. No one combines those two groups like Eliot Katz; a leading “post-Beat” poet and Ginsberg protégé, Katz has spent 20 years, on and off, working on a book caled “The Poetry and Politics of Allen Ginsberg.” Published by the independent Beatdom Books in December 2015, it addresses both Ginsberg’s career as a poet and life as an activist.
Absurdly, the unearthing of the Sanders poem from an overlooked archive came after Katz’s manuscript was ready for print, too late for him to write about it. But it reflects his thesis about Ginsberg and his pleasure in Sanders’s success. Katz has written seven books of poetry, including “Space and Other Poems for Love, Laughs and Social Transformation” (1990) and “Unlocking the Exits” (1999), but I hadn’t heard of him in 2005, when an editor at the San Francisco Chronicle asked me to review a collection of essays about “Howl.” I pretty much panned it, saying too many pieces presented facile claims by Ginsberg admirers about his relevance in the 21st century.
Katz, whose readable book expands on his insightful essay, says Ginsberg’s forward looking focus defines how he “challenged the boundaries” of poetry’s political potential. After years of digging into “Howl,” “Kaddish” and “Wichita Vortex Sutra, he was startled a few weeks ago when he found “Burlington Snow” online, recognizing a vivid example of how a Ginsberg poem could illuminate political changes long before they happen.
“Ginsberg told me that prophetic poetry doesn’t work like someone making a prediction,” Katz said when I visited him in his Hoboken apartment. “Instead, he would say that political poetry ‘touches a common key,’ allowing the reader to feel something that somebody will feel in a hundred years. Here, he wrote a poem that praised the democratic-left tradition we’re seeing in Bernie Sanders. No one could have predicted that Sanders would be waging such an effective campaign to move the Democratic Party in more progressive directions.”
A frequently smiling man with shaggy, graying hair, the 59-year-old Katz lives amid countless books on Ginsberg and progressive politics. Taped to one wall is a newspaper clipping about his late mother, Toby Katz, an Auschwitz survivor who went on to hold elected office for 12 years as a councilwoman in West Orange, New Jersey, where Katz grew up. She helped to inspire his work as an activist, including jobs with organizations for the homeless in New Jersey and Washington, DC. He displays posters of readings he gave with Ginsberg, and his book combines his personal feeling for the poet with critical analysis of his work.
Of a poem called “Why I Sit,” Katz writes that Ginsberg used a technique learned from Greek poetry called anaphoric repetition, the rhythmic echoing of a word to “sew together” his personal and political concerns. He quotes from the poem:
“I sit because the Dadaists screamed on Mirror Street / I sit because the Surrealists ate angry pillows… / I sit because Lunacharsky got fired & Stalin / gave Zhdanov a special tennis court I became a / rootless cosmopolitan / I sit inside the shell of the old Me / I sit for world revolution.”
“Why I Sit,” Katz writes, highlights how “Stalin’s deplorable actions caused [Ginsberg] to become a citizen without solidly existing roots.” Katz said the poet’s attraction to socialism transcended his disillusionment with Soviet communism, and that ”Burlington Snow” reflects his lifelong contemplation of counter-pulling influences of his youth, his troubled communist mother and his socialist poet father. “Allen appreciated democratic socialism,” Katz told me, when we spoke. “But he opposed the kind of authoritarianism of the Soviet Bloc. Czechoslovakia is a country he got kicked out of.”
“I don’t call Allen a democratic socialist in the book,” he added. “I think he believed more in being politically pragmatic than in holding any specific ideology — so that he supported anarchist movements when they were doing positive things, and trade union movements when he agreed with them. He remained a progressive his whole life, and he defied the conservative myth that radicals from the 1960s era all became conservative in their old age.”
Ginsberg’s “open support of Sanders,” Katz said, prompted him to give a reading to raise money for one of the Vermont politician’s congressional races in 1992. In fact, in a lengthy footnote, Katz says he helped to organize it. “It was at a restaurant called Nadine’s,” Katz told me. “I always thought I introduced them for the first time. Allen and Bernie talked, but I don’t know what they said, because I was too busy helping to coordinate things.”
Bob Rosenthal, longtime manager of Ginsberg’s office, says Ginsberg had Bernie Sanders on his radar through the years. “I always knew who Bernie Sanders was, and I had to know that through Allen, because Allen was where I got all my news,” Rosenthal told me. “I don’t think they hung out together, but Allen always had an awareness of him.”
The Allen Ginsberg archive at Stanford University holds a letter Sanders sent Ginsberg in 1989, thanking him for the “time, energy and creativity” Ginsberg gave “to me and the City of Burlington throughout my administration,” citing an art auction with which Ginsberg helped in some unspecified way.
With the resurrection of “Burlington Snow,” Ginsberg’s friends wonder if the poet and the politician actually met for the first time when Ginsberg visited Burlington in 1986.
Huck Gutman is pretty sure that didn’t happen, and he should know. Gutman is one of Bernie Sanders’s closest friends, serving for years as his chief of staff in Washington. He’s also a professor of English at the University of Vermont, where he often teaches “Howl,” and he spent recent days getting ready to give a class on how the Russian poet Vladimir Mayakovsky influenced Ginsberg.
Asked about “Burlington Snow,” he replied in an email: “Ginsberg, as you know, grew up in a socialist milieu (I guess I am clear about this mostly from his poem, ‘America.’) and would have been interested in, even entranced by, the fact that Burlington had a socialist as its mayor.”
Still, he wrote, “I do not think Allen and Bernie met at that time. That they might have met at a NYC fundraiser years later — in 1992 he was running for his second term in the US Congress — could certainly be possible.”
In a telephone interview, Gutman said he himself spent memorable time at the university talking with Ginsberg about poetry during the 1986 visit. Gutman didn’t attend the bookstore reading but heard that the poet wrote the poem (with 14 lines, it is an informal sonnet) “quickly,” and immediately read it to an audience. Did Sanders ever see it? Gutman didn’t know, but said Bernie Sanders generally doesn’t read poetry: “He reads biography, history, novels — not poetry.”
Based on his observations of Ginsberg and Sanders, though, he says they share a lot.
“Ginsberg was writing in a way that a lot of people were not writing, and he had to believe in his own vision and his own voice,” he said. “I think Bernie has that. He understands that the test of what one says is not the political pundits and the political base — not what the critics and professors said, in Ginsberg’s case — but whether one speaks one’s own way and in a language that reaches people.”
Recently, Grove Press published “Wait Till I’m Dead,” a new gathering of Ginsberg’s uncollected poems. It doesn’t include “Burlington Snow.” Bill Morgan, a Ginsberg biographer and archivist of his papers, edited the volume and says the poem “came too late,” explaining that “Grove had the (finished) book for about a year.” Morgan, who lives in Vermont and “would vote for Sanders for anything,” says he believes the poem “wasn’t strong enough” to make it into the book.
Morgan worries that the poem’s visibility could hurt Sanders, though he said that isn’t why it got left out. “I worry that people will see that line — ‘It doesn’t belong to me anymore’ — and will read that to mean, ‘I have to give up something,’ the second car or something, that Bernie wants to take their possessions away.”
Eliot Katz believes that the way Ginsberg animates socialism as a form of sharing in “Burlington Snow” could have a positive effect. “I think it can help educate younger voters that democratic socialism, as Sanders practices it, is a form of inclusiveness, of expanding democratic rights, not taking them away, which would be the view of an older generation raised in the Cold War. Everything in the poem is shared — even the environment, something Sanders talks about a lot — and that message can only be helpful.”
Allan M. Jalon won two 2015 Simon Rockower Awards for his Forward feature stories, “My Opa’s Story of World War One’s Other Fight” and “A New Jersey Tale of Two Alfred Doblins.”
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The real reason Jews care about Marilyn Monroe
To the editors:
As someone who loves film, Judaism, and history, I found PJ Grisar’s article on why so many Jews find Marilyn Monroe fascinating somewhat lacking.
It is certainly true that Monroe “didn’t look Jewish,” but there were plenty of Jewish beauties to admire—Lauren Bacall, for example. I suspect the fascination goes deeper than appearance.
Monroe did not merely represent beauty. For many Americans, she represented America itself.
Three years before her conversion, all eyes were on two other Jews for very different reasons.
While the execution of Julius and Ethel Rosenberg had nothing directly to do with Monroe, the broader zeitgeist may help explain why so many Jews took her to heart.
This was still an era shaped by immigration quotas, university restrictions, social-club exclusions, housing covenants, and lingering questions about whether Jews could ever be fully accepted as Americans.
I also think the article glosses over the significance of her marriage to Arthur Miller, reducing it to a story of beauty and brains. Miller was one of the most important Jewish intellectual and cultural figures in America.
He was also a highly controversial figure during the McCarthy era and one of HUAC’s top targets.
In 1957, he was convicted of contempt of Congress and sentenced to a fine and a prison term, though the conviction was overturned the following year.
Monroe could have distanced herself from Miller and the controversy surrounding him.
She did not.
I agree that Elizabeth Taylor ultimately lived a more publicly and explicitly Jewish life. Yet I think Monroe’s conversion remains meaningful because of its symbolic weight. For many Jews, it represented a moment when one of the most famous women in America chose to join a community that was still fighting for full acceptance.
Perhaps that is why so many Jews continue to find her story compelling. The fascination may indeed say something about Jews—but it also says something about the place Jews were coming to occupy in American life.
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