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Remembering France’s Minister of Justice Who Was Shaped by Holocaust Past
Until 1981, the guillotine continued to be used as the means of implementing death sentences in France. However, in that year, France abolished the death penalty. The person who played a pivotal role in achieving this outcome was a Jewish lawyer, Robert Badinter, who had just been named Minister of Justice by the newly-elected President François Mitterand.
Badinter, who died at age 95 on February 9, was a renowned lawyer, a politician, and a historian. He was proud of his Jewishness.
Some years ago, I had the honor of meeting Badinter here in Washington at a lunch organized by B’nai B’rith during one of Badinter’s tours of the United States in his unsuccessful effort to persuade Americans to follow France’s example and eliminate the death penalty. Sitting next to Badinter for a couple of hours, speaking in my native French, I discovered a brilliant exponent for liberal causes. Even though we did not agree on much, we got along famously.
Our common interests in the law, about history, and in matters Jewish made conversation easy. The fact that the bushy eyebrowed lawyer, whose family came from Bessarabia in Eastern Europe, looked strikingly like one of my uncles, made me feel a certain closeness to Badinter.
Indeed, his family’s history is a reflection of both the suffering of the Jewish people in the 20th century and the success that Jews have experienced in the Western world. His immigrant parents met in France, married and had two sons, of which Robert was the younger. When Nazis occupied France in 1940, in an effort to evade German persecution, the family left Paris and moved south. Unfortunately, in 1943, Badinter’s father was arrested by Klaus Barbie, the sadistic SS officer in charge of the region, and was sent to Sobibor, where he was murdered.
Following the liberation of France, Badinter went on to study law. As a criminal lawyer, he defended a number of murderers and attended the execution of one of them. That experience turned him into a ferocious opponent of the death penalty. His opposition bore fruit when, having been named Minister of Justice, he was able to persuade the French National Assembly to vote for the abolition of the death penalty in spite of significant public dissent.
He also championed other causes, including, in particular, the decriminalizing of homosexuality. At the end of his term as Minister of Justice, for nine years he served as President of France’s Constitutional Council, effectively its Supreme Court.
While pursuing his legal and political career, he became an author. He most notably wrote an important book regarding the grant of equality to French Jews during the French Revolution. He also wrote a book that was significantly less laudatory of France. That book, entitled An Ordinary Antisemitism, focused on the role of the Paris Bar during the German occupation. In meticulous detail, Badinter described the complicity of the Paris Bar in the implementation of the discriminatory laws which sought to strip the vast majority of Jewish lawyers of their right to practice law.
In an annual lecture that I give to law students at the Holocaust Museum, I cite Badinter’s book as an example of how lawyers can lose their moral compasses when they get too focused on the details of law practice and fail to keep their eyes on the moral components of the law. My reference to Badinter’s research invariably has an impact on my audience.
Most recently, Badinter wrote a moving book about his grandmother, Idriss, who had immigrated to France in response to the pogroms in her native Bessarabia. He wrote with affection and respect of the struggles of the immigrant generation in adapting to life in a new land. Not surprisingly, the book struck a chord with the French public and was widely read.
All of Badinter’s accomplishments have had a profound impact on France. His importance to France is such that he will be given a special public tribute by President Macron. It is possible that he will ultimately be buried in the Pantheon in Paris, the mausoleum in which France’s greatest heroes are interred. Only three other Jews have been similarly honored to date.
While all of Badinter’s accomplishments are an eloquent memorial to a distinguished Frenchman, I will always remember him by reason of an exchange we had at our lunch. When speaking about the Holocaust and his family’s suffering, he noted that, as the son of a martyred father, he had had an uncommon opportunity to rectify a terrible wrong. In 1983, while he was Minister of Justice, Klaus Barbie, the man who had arrested and sent Badinter’s father to his death at Sobibor, was found in Bolivia and extradited to France. Badinter told me that, in memory of his father’s suffering, he decided that it would be appropriate to reopen the abandoned prison in which his father had been incarcerated by Barbie, and that he sent Barbie there to serve out a life sentence.
But I also noted that, even though Barbie had been previously sentenced to death in absentia, long before the abolition of the death penalty (and notwithstanding his personal desire to avenge his father), Badinter stood by his opposition to the death penalty and did not wish nor seek to have his father’s killer executed. He thereby demonstrated a rare willingness to place principle over the powerful personal desire to avenge the brutal death of a beloved parent.
Badinter was an important French political figure, a brilliant lawyer, an erudite historian, and a man of principle. He was, as President Macron stated recently, “a man of great significance.”
Gerard Leval is a partner in the Washington, D.C., office of a national law firm. He is the author of Lobbying For Equality, Jacques Godard and the Struggle for Jewish Civil Rights during the French Revolution, published by HUC Press.
The post Remembering France’s Minister of Justice Who Was Shaped by Holocaust Past first appeared on Algemeiner.com.
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Police Neglect is a Pogrom’s Essential Ingredient
JNS.org – In Amsterdam, in the heart of Europe, on Nov. 7, Israeli football fans were hunted, beaten and terrorized by gangs. Was this a pogrom? According to conventional wisdom, it takes two to make a riot and three to make a pogrom. A pogrom requires three parties: instigators, victims and the public instrument of law and order that either neglects or condones the violence.
The instigators, in this case, were the Arab-Dutch gangs who went on a “Jew hunt.” The victims were clearly the Jewish supporters of Maccabi Tel Aviv. And the third ingredient?
The Dutch police made 62 arrests before and after the riot but none during the assaults.
The Anti-Defamation League has said, “Given the extent of the rampage and violence, the number of detentions to date is alarming[ly] low.”
A month before this incident, there were alarming media reports that local police officers were refusing to safeguard Jewish and Israeli sites across the country.
We have been here before.
There is a long colonial tradition of the authorities ignoring mob attacks on Jews in Arab countries. The British army stood outside the gates of Baghdad but failed to quell the Farhud massacre of Iraqi Jews on June 1-2, 1941. It was only when the rioters began threatening Muslim quarters that the troops were ordered to intervene. By then, 179 Jews had already been murdered; women had been raped, babies mutilated, and extensive looting and destruction of property had taken place.
In the Libyan riots of 1945, during which more than 130 Jews died, the Jews held the British authorities partially responsible for the riots: they did not intervene directly in the pogrom until the third day of violence. In 1948, troops, including soldiers of the Jewish Brigade, were ordered to their barracks by the British administration in Libya while a second pogrom raged, and 14 Jews were killed. More deaths were prevented only because some Jews had been trained in self-defense.
The French colonialists, too, had an ignominious habit of failing to protect the Jews. When a riot broke out in Constantine, Algeria, in 1934, killing 25 Jews, unarmed police could not prevent the initial incident from spreading. The civil and military authorities in the city hall underestimated the dangers. The mayor, his deputy and the prefect were all on vacation, and none were recalled to deal with the situation. The secretary-general of the Algerian government even forbade the troops under the leadership of the military commander for Constantine to use bullets. The army took three hours to arrive.
In the Amsterdam case, victim-blaming has already begun. The Maccabi fans had “provoked” the riots when they burnt a Palestinian flag and “destroyed” a taxi. Nevertheless, there is strong evidence that the Amsterdam riot was preplanned and premeditated. This, too, is an essential ingredient of the classic pogrom. In 1941, Jewish homes were daubed with a red hamsa on the eve of the Farhud riot. In the run-up to the 1948 pogrom in the Moroccan city of Oujda, inscriptions with skulls and crossbones appeared, declaring “Death to the Jews!” and that the community leader “Obadia will be hanged, and the rest will follow!”
In Mandatory Palestine, on April 4, 1920, at the peak of the Nebi Musa festival, anonymous Arabic-language notices began circulating in Jerusalem that said, “The government is with us, [the British Gen. Edmund] Allenby is with us, kill the Jews; there is no punishment for killing Jews.” Over four days, thousands of Arabs ran through the Jerusalem streets, throwing stones at Jews, destroying Torah scrolls, setting a yeshiva and several houses on fire, breaking into buildings and looting, with little intervention from the British authorities until the very end.
In Aden, the British-trained forces of law and order took an active part in the killing during the 1947 riots in which nearly 90 Jews were murdered. In 1929, knowing that a pogrom was about to happen, the Arab-dominated police force in Hebron made sure that Jews were not able to defend themselves, and 67 Jews were killed.
In the case of the violent riots targeting the Maccabi Tel Aviv fans in Amsterdam, were the police incompetent or did they fail to act by design?
The attitude of those police officers who refused to do their duty because defending Jewish sites and people would present them and their consciences with a moral dilemma is as close as it gets to condoning the violence.
On the night of Nov. 7, the Dutch police neglected to control events. More frightening, the risk of contagion across Europe is high. Jews have not felt more threatened since World War II, and less confident, in the event of trouble, that the forces of law and order will be ready to protect them.
The post Police Neglect is a Pogrom’s Essential Ingredient first appeared on Algemeiner.com.
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Under US Pressure to Expel Hamas, Qatar Keeps Double-Dealing
JNS.org – The United States is pressuring Qatar to expel Hamas leaders from its territory due to the terrorist organization’s refusal to consider even a short ceasefire and new suggestions for a hostage release deal with Israel.
According to international media reports, Qatar is under American comply with an ultimatum to expel the senior Palestinian terrorists.
While Qatar has confirmed that it is stalling its mediation efforts in the indirect hostages-for-terrorists exchange talks between Israel and Hamas, it has not confirmed that it is ousting Hamas members.
Jonathan Schanzer, senior vice president for research at the Washington-based Foundation for Defense of Democracies, said, “This is pressure from Senate Republicans, amplified by Trump’s electoral victory. The Biden team appears to be trying to take credit for something that was spurred by others.
“The regime in Doha is trying to simultaneously confirm and deny the news. This is consistent with Qatar’s double-dealing. The goal right now should be to squeeze the regime to jettison Hamas,” he added.
While it is “unclear how Trump’s arrival will change any of this,” Schanzer assessed, the fear of a shift in American policy “is undeniably pushing Doha to make these moves and announcements.”
Meanwhile, “the Qataris are going to continue to buy up assets in the United States, regardless of who is president. This is their way of gaining leverage over our leaders in politics and business,” said Schanzer. “I believe that the next administration needs to conduct a careful and thorough review of these sovereign investments. The amount of money that Qatar has invested in this country is staggering. But it has not yet been made clear why it has invested so much—especially in sectors like education that do not yield a financial return.”
The Biden administration’s ‘last card’
Brandon Friedman, director of research at Tel Aviv University’s Moshe Dayan Center for Middle Eastern and African Studies, told JNS that US pressure on Qatar is the Biden administration’s “last card to play. How effective it will be depends on how Hamas—and Qatar—perceive the Trump administration. My guess is that the Qataris suspect the Trump administration will ask them to expel Hamas, so there is no harm in playing this card now and preemptively dealing with a potential source of tension with the new administration.”
According to Friedman, “The Qataris use their relations with various Islamist and jihadi groups as foreign policy tools to advance and protect their interests. Even if they expel Hamas, they will continue to host factions of the Muslim Brotherhood and let Al Jazeera be used to promote the Brotherhood’s ideology. It is also unclear whether the US asked Qatar to end its role as financial backer and conduit for Hamas’s extensive regional network of businesses and charities, which funded its terror infrastructure.”
(Hamas began as the Palestinian branch of the Muslim Brotherhood.)
Qatar, Friedman said, “was traumatized by the Saudi-led June 2017 blockade that lasted until the end of the Trump presidency. The blockade was imposed shortly after Trump’s visit to the Saudi kingdom. The Qataris are likely to make every effort to earn the good favor of the Trump administration.”
Asked to address the American military’s ongoing use of Qatar’s Al Udeid Airbase, which Doha spent a very large some of money to build and develop, Freidman said, “I don’t view the US as dependent on Al Udeid. I see it as a source of leverage for the US in dealing with Qatar. It is a symbol of US protection.
“If the US withdrew from Al Udeid, Qatar would feel unprotected. In fact, one might argue it is not a coincidence that the US quietly renewed its lease of Al Udeid for another 10 years after the Qataris brokered the November [2023] deal for the hostages. It was almost as if it was a reward for good behavior or a service provided.”
Addressing Doha’s global investments, Friedman said that “Qatar can use its immense wealth to purchase US arms, which would likely be viewed favorably by Trump. It can also invest its energy wealth in the US economy, which is one of the ways Saudi Arabia won favor with the first Trump administration. It is worth noting that Qatar has been substantially increasing its activities in both of these areas—US weapons purchases [$1 billion in 2022] and investments in the US economy over the past five to 10 years.”
‘No longer serves its purpose’
On Nov. 9, Reuters reported that Qatar is stalling its Gaza ceasefire mediation. Doha informed Hamas and Israel it will “stall its efforts to mediate a Gaza ceasefire and hostage release deal until they show ‘willingness and seriousness’ to resume talks,” the news agency stated on Saturday, citing the Qatari Foreign Ministry.
“The Gulf country has been working alongside the United States and Egypt for months on fruitless talks between the warring sides in Gaza,” said the report.
“The Qatari ministry also said press reports on the future of the Hamas political office in Doha were inaccurate without specifying how,” it added. On Friday, Reuters cited a US official as confirming that Washington asked Doha to expel Hamas, and that the Qataris had “passed this message on to Hamas.”
Reuters also cited an unnamed official briefed on the matter as stating on Saturday that “Qatar had concluded that with its mediation efforts paused, Hamas’ political office there ‘no longer serves its purpose.’”
Hamas has denied being told to leave the Gulf state, which has hosted it since 2012.
The post Under US Pressure to Expel Hamas, Qatar Keeps Double-Dealing first appeared on Algemeiner.com.
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Who Is Testing Us?
JNS.org – On Shabbat, we will read the Torah portion Vayera and the poignant drama of the akeidah, the binding of Isaac, which is the 10th, and most difficult, test of faith that our father Abraham had to face in life. Would he be prepared to sacrifice his beloved son Yitzchak, Isaac, on the altar of God, especially since he waited so many years for this son to be born to his wife, our matriarch, Sarah?
Why is this famous act of near-martyrdom so special? What makes Abraham and Isaac so unique? Haven’t there been many millions of Jewish martyrs throughout our long and torturous history? Only one generation ago, 6 million martyrs, including more than 1 million innocent children, were killed. And one year ago, 1,200 of our finest—young and old—were martyred by Hamas.
So why, I ask, is the near martyrdom of Abraham and Isaac so special?
There are many famous answers to this question, but I would like to share with you an unconventional answer that I believe speaks to us today and has a very relevant and personal message to us all.
This section in the Torah begins with these words: “And it came to pass after these things, and God tested Abraham.”
That’s it. I just gave you the answer. Did you get it? No? You missed it? OK, let me repeat it. “And God tested Abraham.” Did you hear the emphasis this time? God himself was testing Abraham.
What is my point? Tragically, we Jews are all too accustomed to martyrdom. We are used to giving up our lives and our children’s lives when we are threatened and attacked by our enemies, by antisemites and by the vicious villains of history. We understand that life is a battle between good and evil. In this epic confrontation, we have all too often given our very lives for our faith, for our principles, and for God so that the forces of light would vanquish the forces of darkness and evil.
So for Abraham to be called upon to give his life, or his son’s life, in a battle against, say, the mighty King Nimrod would be understandable. But here, Abraham was not being tested by Nimrod or Hitler or Hamas. Here, Abraham is facing off against God. God Himself was testing Abraham!
That the antisemite wants to take your child’s life is a reality we are, sadly, all too familiar with. But God? God is threatening my child’s life? This, we cannot come to terms with so easily.
But Abraham said nothing. Not a word. He got up early the next morning and went on this mission with total faith in God. He did not demand any answers to the many questions he could have asked.
The unique test of Abraham was whether he would become disillusioned by the clear contradiction in God’s own words.
“Hey God! One minute, you tell me you are giving me a crown prince and that he will be my heir and the next link in the founding fathers of the Jewish people, and the next minute, you’re telling me to sacrifice him? And he hasn’t yet married or fathered any children. I don’t get it, God.”
Abraham could have said that, but he didn’t. He never wavered. Not for a moment. And that is part of his immortality. That is why his sacrifice remains unique, even after millions and millions of heroic acts of Jewish martyrdom throughout the generations.
God was testing Abraham. Not the antisemite. Not Hamas. God. And Abraham passed the test with flying colors.
Disillusionment is a very big test in life, especially if it comes from an unexpected source—like God.
We are often faced with tests of disillusionment, and not only for the big events, like the Holocaust or Oct. 7.
I can understand why my competitor is hurting my sales. He wants to. But why is God allowing this to happen to my business? I’ve been good. I come to shul. I give tzedakah. Didn’t God promise in the Bible that if we are good to Him, He would be good to us? Why is He killing my whole business?
That is a big test. Will we allow ourselves to wallow in disillusion?
Furthermore, the word “Elokim” doesn’t only mean God, it can also mean the godly. The godly, too, can sometimes cause us to be tested.
Like the rabbi! The rabbi is supposed to be a man of God. “Well, he didn’t say good morning to me or Shabbat Shalom or wish me a chag sameach. He didn’t visit me when I was in hospital or when I had the flu.” If the rabbi did not live up to one’s expectations of a spiritual leader—to the high standards people expect of a man of God—then one can become disillusioned. Many people worldwide have left synagogues because they became disillusioned with their man of God, their rabbi.
That, too, is a test.
And then there is the most common test of all. I must have heard this one at least a thousand times!
“Rabbi, I know a guy who goes to shul 10 times a day. He prays, he shukels (shakes) up a storm, and he makes it like he is the holiest guy in town. And when it comes to business, he is a rip-off artist! A gonif (thief)! If he represents religion, I don’t want to have anything to do with it!”
You know what? Personally, I can understand people having that reaction when they see such blatant cases of shameful hypocrisy. The so-called “godly” people may be testing us again.
But to tell you the truth, I’m tired of all those old stories about religious rip-off artists. Let’s assume you are right, and that fellow is indeed a pious swindler. Good in shul and terrible at work. So what? What does that have to do with you? Just because someone else failed his tests in life, why should you fail yours?
Whether we become disillusioned by the so-called “godly” among us, who behave unethically, may well be a test of our own faith.
Every one of us has a direct relationship with God. Jews don’t need intermediaries. If so and so is a crook, that’s his problem, not mine. And if Mr. X is a hypocrite, is God not God? Is Torah, not Torah? Is Judaism, not Judaism?
Why should someone else’s behavior weaken my relationship with God? Does that release me from my obligations and responsibilities?
A Jew’s connection to God is holy, inviolate and non-negotiable, irrespective of the behavior of others, even the “godly” among us. The seeming inconsistencies in the behavior of a rabbi, chazzan, rebbetzin, gabbai or some crook who happens to dress “religious” are entirely irrelevant.
Let me end with a story. At the end of World War II, after the U.S. Army liberated the Mauthausen concentration camp, Rabbi Eliezer Silver, a well-known leader of the American rabbinate, went to help the survivors. He arranged a prayer service with all the inmates where they said Kaddish for their fallen family members and thanked God for their survival. The rabbi noticed one survivor turned his back on the prayers and wouldn’t participate, so he went over to him and invited him to join them. The man told the rabbi why he wasn’t going to pray.
“In our camp, one Jew had managed to sneak a siddur into the camp. Whenever it was safe, Jews would get in line for a chance to hold the siddur in their hands and offer a prayer. At first, I respected him greatly for that noble act of courage and sacrifice. But then I saw that the fellow with the siddur was charging for it! He would take a quarter of the people’s daily food rations as payment for his siddur. How despicable! It was then that I lost my faith and decided never to pray again. How could a Jew do such a thing?!”
The wise rabbi put his arm around the survivor and said: “So, let me ask you a question. Why do you look only at the one shameful Jew who charged his poor brothers for his siddur? Why do you not look at the dozens of holy Jews who were prepared to give up a quarter of their meager rations and risk their lives just for a moment of prayer with the siddur? Why don’t you look at them and be inspired by them?”
The survivor acknowledged that the rabbi had a point. To his credit, he turned around and joined the rabbi in the prayers. That survivor was none other than the famous Nazi hunter Simon Wiesenthal.
Whether our fellow Jews, even supposedly “godly” Jews, behave correctly or not, let’s make sure we still do the right thing.
The post Who Is Testing Us? first appeared on Algemeiner.com.
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