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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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Her daughter left the Bondi Beach Hanukkah celebration just before the shooting, then asked, ‘Mommy, why do they hate us so much?’
The daughter of an American expatriate living about two miles from the mass killing at a Hanukkah celebration in suburban Sydney, Australia, escaped the carnage by coming home to change clothes, her mother said.
“She’d been there earlier that afternoon, on the bridge where they were shooting. She came home, changed her clothes, and was getting ready to go again,” said Michelle Stein-Evers, a former Los Angeles resident and a co-founder of the Alliance of Black Jews in 1995.
“She and her friends were on their way back to Bondi to go to the party and have something to eat, and they were stopped by the police,” Stein-Evers said. “She found out why, and she started calling everyone to let us know. Her best friend’s cousin was killed. Another best friend’s cousin was shot in the leg.”
Her daughter, who is 22, had previously locked down her Facebook account out of privacy concerns and requested that her name not be used. As the massacre unfolded Sunday, she turned to social media to search for information.
“‘Oh my God, there’s bodies everywhere,’” Stein-Evers said her daughter told her.
She also asked where her father was, amid rumors — later proven untrue — that the neighborhood where he had gone to play tennis was also affected.
Stein-Evers said the events were unfolding within minutes of their home, where she was alone after her daughter headed back toward the beach.
“It was scary. It was nothing but sirens — sirens and sirens — and helicopters,” she said.
Stein-Evers said she knew the first victim publicly identified among the dead, Rabbi Eli Schlanger, who helped organize the celebration.
“He was, by consensus, one of the nicest guys in the Jewish community in Sydney,” she said.
Antisemitic incidents have been rising in Sydney and across Australia since the Hamas attack on Israel on Oct. 7, 2023, Stein-Evers said, adding that her daughter stopped attending the prestigious University of Sydney because of campus protests.
“She was constantly being heckled, asked, ‘Where are you from? Are you Jewish? Are you an Arab? Why aren’t you with us?’” Stein-Evers said. Her daughter would not respond to the questions and eventually enrolled in distance learning through a college in Melbourne.
Stein-Evers, who has lived in the Middle East — including in Muslim-majority countries — as well as Europe and the United States, said she now has concerns about her own safety.
“I was never scared to be a Jew in America. I was never scared in Germany,” she said — a fear she said is now shared by her daughter.
“When she came home last night, she was in tears,” Stein-Evers said. “‘Mommy, why do they hate us so much?’”
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Will laying tefillin make a difference? A rabbi responds to his cousin’s murder in Australia attack
The first thing I did when I heard news of the attack at Bondi Beach — at what must have been midnight Australian time — was to call my dear friend Michelle.
No response, though that’s not atypical: an American expatriate who’s lived in Sydney for a generation, she usually doesn’t get back to me for a day or two. Then I worked social media, searching for her and anyone else I might be connected to via Jewish geography — which often means a friend-of-a-friend among Facebook users.
While searching, the enormity of the horror set in. Fifteen people dead, about 40 wounded, hundreds under fire on the beach where the Chabad of Bondi, near Sydney, held its “Chanukah by the Sea” event.
If there were people I knew — one survivor had previously written for the Forward — the names of those killed weren’t released yet, except for Rabbi Eli Schlanger, who organized the celebration. His death was confirmed by his cousin, Rabbi Zalman Lewis of Brighton, England.
“My dear cousin, Rabbi Eli Schlanger was murdered in today’s terrorist attack in Sydney. He leaves behind his wife & young children, as well as my uncle & aunt & siblings,” Lewis posted on Facebook.
Lewis turned quickly from his cousin – “More about Eli later in the week” – to what to do next.
“Do a Mitzvah today,” he wrote. “Send pictures wearing Tefillin, saying a prayer, giving extra charity, lighting Chanukah candles.”
The suggestion instantly reminded me of another by a Chabad rabbi, in answer to a question by CNN’s Jake Tapper two weeks after the Oct. 7 attack. In the face of Hamas’s evil, that rabbi said, “Every Jewish woman should please before the Sabbath and before sundown light the Shabbat candles.”
I recall seeing Tapper’s baffled expression. It’s similar to what I’m sure many who saw Rabbi Lewis’s message must be thinking: There’s a major attack on Jews and all you can say is put on tefillin? How about kill all the terrorists?
At the other extreme are those cheering on the attackers — including one friend-of-a-friend (Jewish, I’m all but certain) who posted, “At this point, these random attacks are the only way to stop Israel. It should’ve never gotten this far but unfortunately the Zionists have brought us all here.”
I have to believe — or hope — the latter is an extreme minority opinion, and I’ll spare the poster’s name lest it incite any reciprocal violent reaction.
As for the former, kill-them-all reactions immediately run into the reality that it isn’t so easy to do, illustrated disastrously by the Gaza war. Measured purely in casualties and carnage, it was a military victory. Politically and morally, it was a public-relations disaster for Israel.
That reality has led some Jews to question the wisdom of celebrating Hanukkah as a Maccabean victory. Instead, many are accentuating Gemara rabbis who argued the holiday is more about the miracle of the oil than military might.
That doesn’t mean their successors have evolved into pacifists, but Chabad rabbis are largely speaking to Jews, about being Jewish, and, as they see it, things Jews can do themselves to repair the world.
“Let’s flood the world with goodness. As Jews, we know, as difficult as it might seem, that light & good will always win,” Rabbi Lewis wrote.
You don’t have to walk into a Chabad house to hear that. My own Reconstructionist rabbi in Duluth, Minnesota, said essentially the same thing, writing to congregants on Sunday, “Let us not succumb to fear or despair but rather embrace our faith that much more resolutely.”
Maybe some prayers are answered. Hours after my calls and messages — but much sooner than her usual replies — Michelle finally responded.
“Physically, we’re fine,” she said.
So she is safe. But too many others were not. And if faith prevents a similar fate for even a single human being, pray away.
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New York Jewish leaders at menorah lighting call for solidarity and pride after Bondi Beach Hanukkah attack
(New York Jewish Week) — Rivkah Rothschild was on her way to a public menorah lighting in New York City on Sunday evening when she decided to recite a specific Jewish prayer to herself.
“I actually said Shema Yisrael, which is the prayer that we say before passing away, just in the taxi coming over, just in case there were any terrorists here,” said Rothschild just after the event.
An attorney in Midtown East, Rothschild was planning to skip the menorah lighting at Carl Schurz Park until Rabbi Ben Tzion Krasnianski, the executive director of the Chabad Lubavitch of the Upper East Side, asked her and her fellow community members to come out following the deadly shooting at a Chabad Hanukkah party in Sydney, Australia.
“I think we all are very shaken. We’re devastated by the news of what happened today in Sydney, Australia. All our hearts are all broken for the people that are suffering what they’ve experienced there,” said Rothschild. “I was fearful when I made the decision that I’m coming.”
The menorah lighting just outside of Gracie Mansion, which was hosted by the UJA-Federation of New York, Chabad of the Upper East Side and Kehilath Jeshurun, was one of dozens that took place across New York city to mark the first night of Hanukkah.
Hundreds of people crowded together on the ice-covered promenade of the park, enjoying sufganiyot and latkes, as sorrow and determination hung in the air.
“It was a very unified spirit and a strong energy, a resolute energy, an energy of conviction, determination,” said Rothschild following the event. “In my study of history, when Jews are in danger, we usually do three things. None of them work. We appease, we flee and we ignore. We’re not doing any of that now.”
Despite the attack, which killed 15 people and injured dozens more, Chabad officials and Jewish leaders across the country urged for planned Hanukkah celebrations to move ahead with added security measures.
“Out of an abundance of caution, the NYPD has significantly increased security around Hanukkah celebrations, menorah lightings, and Jewish houses of worship across all five boroughs,” wrote NYPD Commissioner Jessica Tisch in a post on X. “New Yorkers will see an enhanced uniformed presence, specialized patrols, counterterrorism resources, and additional protective measures deployed where appropriate.”
Indeed, over a dozen New York police officers and members of Chevra Hatzalah, the New York-based Jewish ambulance service, could be seen on the outskirts of the crowd as Hanukkah songs blared over the speakers.
Prior to the lighting of the menorah, which sat raised above the crowd, several rabbis, Jewish leaders and city officials gave speeches where they urged the crowd to counter the attack in Sydney by being proudly Jewish.
The incoming comptroller of New York, Mark Levine, who urged Jewish New Yorkers to attend menorah lightings earlier in the day, told the crowd that none of the public Hanukkah events throughout the city had been cancelled and that “turnout has been off the charts.”
“We are aspiring now to be modern-day Maccabees, this is who we are in New York City,” said Levine. “To those who hate us, know that we are not going anywhere. We will not let you intimidate us, not here in this park, not in front of Park East Synagogue, not in our schools, not in our subways, nowhere.”
Julie Menin, a Jewish politician who declared victory last month in the race for City Council speaker, told the children in the audience that “this too shall pass and things will be brighter.”
“This is an incredibly difficult day for the Jewish community, and it is really only by coming together and celebrating the fact that we are Jewish, that we are lighting the menorah tonight, that we are lighting the candles in the darkness, that we are going to heal, and it is only through education that we are going to fight antisemitism,” said Menin.
Throughout the speeches, many leaders also took aim at the increase in antisemitic rhetoric that has proliferated around the globe over the course of the war in Gaza.
Some also specifically decried the use of the phrase “globalize the intifada,” a common pro-Palestinian slogan that Mayor-elect Zohran Mamdani declined to condemn during his campaign. He later said he would discourage its use.
“We are shocked and heartbroken about what happened, but we’re not surprised,” said Hindy Poupko, the senior vice president of community organizing and external relations at UJA-Federation of New York. “After two years of people shouting on our streets ‘Globalize the intifada’ from New York to Sydney, words have consequences. The violent rhetoric must end, and we call on all of our leaders and our elected officials to condemn that rhetoric.”
Rabbi Chaim Steinmetz, the leader of the Orthodox Congregation Kehilath Jeshurun on the Upper East Side, also directed his commentary to the use of the phrase.
“I need to make this very clear, because some don’t understand it. Globalizing the intifada is not an unfortunate phrase, it’s not something to be discouraged, globalizing the intifada is a call to murder,” said Steinmetz. “It’s time for us to tell the truth that this anti-Zionism has led to the death of Jews in Boulder, in Washington D.C., in Leeds and in Sydney. It’s time to say that anti-Zionism kills Jews.”
The alleged attackers in Sydney may have pledged allegiance to the Islamic State terrorist group, according to news reports out of Australia. No reports have suggested that they made any specific comments during the attack.
In an extensive post on X Sunday, Mamdani condemned the attack and reiterated his commitment to “work every day to keep Jewish New Yorkers safe.”
“This attack is merely the latest, most horrifying iteration in a growing pattern of violence targeted at Jewish people across the world,” wrote Mamdani. “Too many no longer feel safe to be themselves, to express their faith publicly, to worship in their synagogues without armed security stationed outside.”
Also on the stage at Carl Schurz Park Sunday night was Rabbi Menachem Creditor, a scholar in residence and rabbi for the UJA-Federation of New York whose brother-in-law, Arsen Ostrovsky, was shot during the attack in Sydney.
“I asked him just an hour ago, what should I say to your sisters and brothers in New York as your brother? He said, darkness will never triumph. We will prevail,” said Creditor. “We have a long history of doing better than surviving, friends. We have come back from so much darkness.”
Ben Axelrod, a 30-year-old Jewish resident of the Upper East Side who was in the crowd Sunday night, said he had cried that morning when he learned the news of the attack, but did not feel deterred from coming to the menorah lighting.
“Because at the end of the day, this is not new, it is scary, but we have to keep moving for all those who passed, and we can honor their memory by continuing to be proud Jews,” said Axelrod.
Rena Tobey, a 66-year-old Jewish resident of the Upper East Side, said that she had not planned to come but decided to attend the menorah lighting after learning of the attack.
“This is about light increasing every night, and we have to know that candles are temporary, but we have to carry that light with us no matter what the darkness is in the world,” said Tobey.
Another Jewish attendee of the menorah lighting, who identified himself by his first name, Steven, said that he was not afraid to come to the event despite the attack.
“We’re a strong, vibrant community, and we’re proud of who we are, and it shows how strong and proud we are given the weather conditions that we all came out,” said Steven. “Once we start to feel fear, you’re giving in, and we don’t give in.”
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