Nuernberg Verdict Proteets Jews ONLY During War
Ruling Fails to Bar Persecution in Peace Time
.
NUERNBERG (JTA)—The verdict issued
here by the Allied Military Tribunal against
the members of the Nazi government is con-
sidered as establishing a legal precedent against
the persecution of Jews only in war time and
only in conquered territories, but not under
other circumstances.
The fact that under the judgment of the
tribunal, persecution of the Jewish people will
be considered•a criminal act only if committed
in conquered lands was revealed in a statement
made by U. S. Justice Robert J. Jackson, who,
after the imposition of the sentence, declared:
"I personally regard the conviction and the sen-
tences of individuals as of secondary importance
compared to the significance and the commitment by
the four nations toward the proposition that wars of
aggression are criminal acts and the persecution of
conquered minorities on racial, religious and political
grounds is likewise criminal. These principles of
law will influence fu-
ture events long after
the fate of these par-
ticular individuals is
forgotten."
Another high - rank-
, ing member of the
Allied prosecution
commented:
"On the basis of the
tribunal's decision, any
nation today could go
out and liquidate its
Jews or Mohamme-
dans or Free Masons
or all its left-handed
citizens and there isn't
a thing that the world
could do about it. un-
British Judge Sir Geof-
less there followed the
frey Lawrence handing
waging of aggressive
down verdict against Na-
zis at Nuernberg.
war. And even so, the
prosecution would
have to prove that the massacres had a direct con-
nection with the plan to wage its war.
"The fact is that the tribunal elected to take a
narrow view of its powers under the charter at
every opportunity. It spurned the prosecution's de-
mand that genocide—the destruction of nations, races
or groups--be declared an international crime per
se. It-preferrer to follow the old maxim of inter-
natiolia law that the 'internal affairs' of any nation
are not the business of any other nation, so long as
it restricts wholesale murder to its own citizens."
In substantiating his interpretation. this member
of the tribunal pointed to the part of the text of the
judgment which reads: "The policy of persecution,
repression and murder of civilians in Germany before
the war of 1939, who were likely to be hostile to the
government, was most ruthlessly carried out. The
persecution of the Jews during the same period is
established beyond all doubt. To constitute crimes
against humanity, the acts before the outbreak of
war must have been in execution of, or in connection
with. any crime within the jurisdiction of the tri-
bunal.
"The tribunal is of the opinion that revolting and
horrible as many of these crimes were, it has not
been satisfactorily proved they were done in execp-
tion of or in connection with, any such crime. The
tribunal, therefore, cannot make a general declar-
ation that acts before 1939 were crimes against
humanity within the meaning of the charter."
The verdict contained long sections describing the
various abominable acts of 15 of the 22 defendants
who were judged as not involved in anti-Semitism
were Rudolf Hess, Grand Admirals Karl Doenitz and
Erich Raeder, and Albert Speer, plus the three who
were acquitted, Franz von Papen, Hjalmar Schacht
and Hans Fritzche.
THE JEWISH NEWS
A Weekly Rro ino
VOLUME 10—NO. 4 34 dgfalit 22
of Jewish Events
- Friday, October 11, 1946
10c; $3 Per Year
Palestine Situation More Hopeful
Anglo-Jewish Action
For Peace Underway
(Special Cables to The Jewish News)
LONDON. (JTA)—Dr. Chaim Weizmann, Berl Locker, Dr. Nahum Gold-
. mann, Rabbi J. L. Fishman and Eliezer Kaplan met with the newly-appointed Co-
lonial Secretary Creech-Jones on Tuesday afternoon to discuss the appointment of
Palestine
Lowdown
By BORIS SMOLAR
(Copyright, 1946. TTA, Inc.)
By their sudden decision to ad-
journ the conference on Pales-
tine until after the General As-
sembly of the UN, the British
diplomats have not only pulled a
fast one on the Jewish Agency,
but also on Soviet Russia and the
U. S.
As far as the Jewish Agency
is concerned. it gives the British
an excuse to continue to delay
admitting 100,000 Jewish refugees
to Palestine. As far as Russia is
concerned, the British move fore-
stalls Soviet diplomats from rais-
ing the Palestine issue at the
UN Assembly since the issue re-
mains in the process of nego-
tiations. Any Soviet demand that
Palestine be placed under inter-
national trusteeship, with the
USRR as one of the trustees.
will be met with the reply that
the Palestine problem cannot be
taken up by the UN while the
parties directly interested are in
the midst of negotiations for set-
tling it.
In the meantime—between now
and December — the detained
Jewish leaders in Palestine may
be released under some pretext
which will give the British a
chance to say they did not accede
to the demand of the Jewish
Agency that these leaders be re-
leased in connection with the
conference.
Sukkoth, Feast of Tabernacles
a joint Anglo-Jewish Committee to re-establish peace in
Palestine, indicating that the situation is becoming more
hopeful.
Such a committee was proposed last week by the former
Colonial Secretary George Hall, but the Agency hesitated to
pursue the plan fearing it would mean more delay in action.
The Agency finally decided to discuss the matter in principle.
The final agreement depends on the functions and powers of
the new committee.
Agency spokesmen are expected to propose as peace
measures a general amnesty for detained Jews, the release
of Agency leaders, enabling them to attend London talks
when they are resumed, and the end of searches of Jewish
colonies.
Probe Establishment of 12 Colonies in Negev
JERUSALEM. (JTA)—Military authorities started an
investigation of circumstances under which "Operation Land"
was carried out Sunday when 12 settlements were established
simultaneously in the Negev. They are checking whether the
settlers had more arms than is allowed for self-defense. (See
Editorial on page 4)
•
The Arab Higher Committee announced it will investigate how
sale of land to the Jewish National Fund was negotiated since the
area was presumably "restricted." Dr. Hussein Khalidi, executive
secretary, called the establishment of the colonies a "Zionist stunt"
and said he hoped President Truman and the U. S. Congress wokild
not accept it as evidence of Palestine's absorptive capacity. (Text of
President Trnman's address on page 5).
The Palestine Mizrachi Council overwhelmingly rejected any
partition proposal and instructed all Mizrachi delegates to the World
Zionist Congress to act accordingly. It criticized the Agency's Paris
meetings and the decision to submit the partition proposal to the
British.
AFL calls for Restriction on Immigration
CHICAGO. (JTA)—The report submitted by the American
Federation of Labor executive council to the convention here calls
for maintenance of the "present restrictive measures - on immigra-
tion, warning there will be pressure for the lowering of immigra-
tion bars when transportation becomes available. The council op-
posed FEPC legislation which would provide for government em-
ployment regulations.
Bnkharian Jews in Zion
Celebrating Sukkoth in
Traditional Costumes.
Forty Years We
Lived in Tents
By DR. NOAH E. ARONSTAM
F OR forty years we lived in tents
And twice a thousand years in flight;
We roamed the earth from clime to clime,
Yet ever faced the self-same plight.
F
OR forty years . we lived in booths,
In desert wilds, on burning sand;
Our hopes ran high, our hopes waxed strong
To reach at last the Promised Land.
F
OR forty years we lived in tents,
What matters twice a thousand years?
If forty years makes men of slaves,
Then thousands must efface their fears
F
OR forty tears we dwelt in booths:
We vow: "No gnger shall we roam
As' fugitives from shore to shore—.
Our will to live wiN see us home."