2 Friday, February 9, 1919
THE DETROIT JEWISH NEWS
Purely Commentary
Statute of Limitations
on Prosecution of Nazis:
Tasks Ahead in W. Germany
Mixed emotions were evidenced in Ger-
many over the televised Holocaust prog-
rams. Of the 20,000 telephone calls from
viewers, about two-thirds expressed a
sense of guilt, the others resented the re-
minders of the past.
Many in the ranks of the 30 or more
percent of the protesting elements who
were infuriated by the recollections are
said to have been galvanized into the ranks
of a growing neo-Nazi movement.
As a matter of fa.ct, it is not the mildness
of a neo-Nazi sentiment that has bec3rne
evident but a more threatening minority
whoSe adherents would not hesitate to re-
sort to express their admiration for Adolf
Hitler. They would be uncontrolled and
might resort to violence in treating the
chief objects of their hatreds, the Jews.
The newest occurrences- in West Ger-
many added to the demands now being
made upon West Germany that the Statute
of Limitations on prosecution of Nazi crim-
inals should be extended and that punish-
ment of the guilty for the horrors perpet-
rated under Hitlerian rule should neither
be delayed nor abandoned.
Of notable interest is the comment,
editorially, in the New York Times, Jan.
28, under the heading "Holocaust in Ger-
many," which, commenting on the public
reactions to the showing of the Holocaust
televised programs, discussed its effect on
the extension of the Statute of Limitations.
The NYTimes editorial advanced this
view:
A surprising one-third of West Ger-
man television viewers tuned in to
"Holocaust," the American television
drama depicting Nazi Germany's
slaughter of Jews, despite the fact that
it was shown only on regional chan-
nels. And the response by those who
Support Urgent for Movement to Amend West German
Statute of Limitations to Assure Punishment for
Nazi Criminals and Prevent Spread of Neo-Nazism
called the stations after seeing the
program was largely favorable. That
response may influence the coming
debate in the Bundestag on extending
beyond this year the deadline for pro-
secuting capital offenses commited in
World War II.
There are encouraging reports from
Germany that responsible legislators favor
action to extend the Statute of Limitations.
The large number of unpunished Nazis,
the anticipation in neo-Nazi ranks that
adherence to a limitations date by the end
of 1979 would grant them new freedoms to
pursue their anti-Semitic tactics and the
facts that substantiate the claim that
much remains to be done to mete out
punishments for the Nazi criminals attest
to the logic of making an issue of the Sta-
tute of Limitations.
Research conducted for the American
Jewish Committee by David Geller pre-
sents revealing facts regarding the un-
completed prosecution of the guilty in the
Holocaust. The AJCommittee analyses re-
veal the following:
There is considerable sympathy
among West German government and
church leaders for an extension of the
Statute of Limitations. They feel that
Germany can never close the books on
the terrible crimes committed during
the Nazi period. There is also concern
that East European countries may be
withholding evidence with the aim of
releasing it after the 1979 cut-off date
for propaganda purposes.
On the other hand, there are those
today in Germany who have serious
reservations about extending the Sta-
tute of Limitations for a variety of
reasons including: 1) an unwillingness
to change an old German legal tradi-
tion; 2) an unwillingness to continue
what they feel is self-flagellation im-
posed by foreign pressure. The chief
spokesman for this point of view is
By Philip
Slomovitz
on Nov. 21, 1978, made a strong appeal
Franz-Josef Strauss, a leader of the
to the West German government not to
ultra-conservative Bavarian Christian
permit the Statute of Limitations to
Socialist Union, who, in effect, has cal-
apply to -Nazi war crimes. A massive
led for a general amnesty; 3) the con-
-post card campaign bearing the state-
viction rate has dropped and will con-
ment by Simon Wiesenthal — "Moral
tinue to drop drastically because, after
obligation has no time limit" — has
35 years, it is extremely difficult to
been in effect for several months,
prove that a crime was committed
coordinated by the Simon Wiesenthal
beyond a shadow of a doubt; and 4)
Center for Holocaust Studies at
wherever some judicial action has
Yeshiva University in Los Angeles. The
been taken on an individual case, the
cards are addressed to West German
prosecution of that case will continue
Chancellor Helmut Schmidt.
in any event after Dec. 31, 1979. At the
Survivor groups and virtually
present time, there are about 4,700 :
other Jewish organizations will be c
West Germans awaiting sentencing or
rying on a vigorous -and public c
under investigation for war crimes.
paign urging the West German go
Official West German sources have
ernment to extend the statute. While
released the following statistics for the
acknowledging the West German gov-
investigation and prosecution of
ernment's firm adherence to democra-
genocidal crimes in the Federal
tic tradition, they assert that to allow —
Republic (excluding Allied adjudica-
the Statute of Limitations to expire
tions) for the period May, 1945, to Jan.
would constitute a grave injury to the
1, 1978:
memory of thelnillions of victims of the
Investigations: 82,667.
Nazi terror. They warn that the expira-
Trials ending in sentences: 6,425.
tion of the statute would have a mor-
Presently pending investigations:
ally corrosive effect on the youth of the
approximately 600.
world as well as the youth of Germany.
A further analysis indicates that
They agree with Chancellor Helmut
from 1945 to 1964, 9.9 percent of all al-
Schmidt who, in his speech at a Crystal -
leged Nati criminals were found guilty.
Night ceremony Nov. 9, 1978; asserted
From 1965 to 1976, the figure was only
that while two-thirds of the present -
1.5 percent.
German population were either born
after the war or were children during
In an effort to resolve the political
the war, "Germans have to carry the
and legal questions being raised, Her-
political inheritance of the guilty and
bert Wehner, the leader of the Social
draw the consequences; that is our re-
Democratic Caucus in the German
sponsibility."
Parliament, has suggested that the
Nazi-hunting has not ended and there
basic German law be chAnged to
are many yet to be brought to justice. Even
abolish the statute of limitations on all
those who have been rounded up and are
murder. This would make German law
awaiting trials could be freed if the Statute
consistent with that of the U.S. and
of Limitations is not amended. There is a
most West European countries. When
clear task ahead and the hands of those
the Parliament will take up the Statute
who strive for a continuation of exposure of
of Limitations issue, Wehner's proposi-
the tragedies and crimes of the 1930s and
tion will be an important element of the
1940s, which continue to echo in our time, -
debate.
should be upheld and strengthened.
In the meantime, the Israeli Knesset
Black History Month: Recalling Julius Rosenwald and Ralph Bunche
JULIUS ROSENWALD
Black History Month is an occasion for observance by all Americans.
No one is immune from concern about the most challenging factor in the story of the making of this country and
the role of the blacks who were among the builders. They did not benefit from profit, but they registered their
a ctivities in sweat and blood.
In the new era of Americanism, in the recapitulation of historic events, many names emerge in gold letters on a
black background of trials and tribulations. -
Not to be forgotten are such eminentpersonalities like the late Julius Rosenwald, who was among the first, if
not the first, to encourage equality for the oppressed, the establishment of schools and social agencies to elevate the
standards of the less favored in society.
- The _Rosenwald chapter in civil rights movements is a story of pioneering in the true American spirit and
inerasable from the record of the battle for just rights for an oppressed minority.
There is another name to be remembered and to be given special attention during Black History Month. It is
that of the late Dr. Ralph J. Bunche, who masterminded the first agreement between Jews and Arabs in 1949 that
terminated the Israel-Egyptian conflict. Dr. Bunche was the brilliant arbitrator, the skillful negotiator who
succeeded in getting Jews and Egyptians together in an agreement to end the first of the tragic wars between Jews
and Arabs. He was a firm negotiator. He insisted that there was no linkage, that first Israel and Egypt must come to
an agreement and then each of the other Arab states who were waging war against Israel could individually discuss
terms for a cease fire.
American Jewry has a notable share in removing the obstacles to the road for decency for black Americans and
they are invited to be equally effective in assuring peace for embattled Israel. Dr: Bunche was among their chief
spokesmen for a just solution to the Middle East crisis, nearly three decades ago. Black-Jewish friendship dates back
to Civil War days. May the ties remain unbreakable as a demonstration of humanism.
RALPH BUNCHE
The People's Lawyer — Louis Brandeis
Record of Nation's First Public Interest Attorney on Microfilm.,
WALTHAM, Mass. — insurance industry and in-
Brandeis University has
vented savings bank life in-
published the major docu-
surance as an alternative,
ments of Louis D. Brandeis'
exposed inefficiency and
38 years as a public interest price-gouging by the rail-
lawyer.
- roads and fought
Brandeis, who made an monopolies and govern-
early and apparently easy ment corruption.
fortune in the post-Civil
But his fame as "the
War era, later abandoned people's attorney" for 38
that world to invent the role
years has since been ec-
of the public interest lipsed by his fame as an
lawyer.
Associate Justice of the
Working without pay, United States Supreme
without an organization Court from 1916 to 1939.
The record of those 38,
and sometimes without a
client, he defended years had been unpub-
wage and lished, unlike the records of
minimum
maximum hour laws across his private life, his role as
the country, attacked the an ardent Zionist and his
life on the Supreme Court.
"He is the model for so
much of what has happened
to lawyers in the last 15
years — he had to be, be-
cause there have been no .
others before him or since,"
explained William M.
Goldsmith, a professor of
history at Brandeis Univer-
sity.
The university undertook
the project in part to rein-
force the reputation of its
namesake and in part to in-
ject some of Brandeis'
idealism, into law school
teaching, according to Dr.
Abram L. Sachar, the uni-
Brandeis' could . be a
major source of influence
to this generation by
showing them that it can
be done," explained Dr.
Sachar, who along with
Dr. Goldsmith helped
compile the 5,000 pages
that document those
years of public advocacy.
LOUIS BRANDEIS
versity's chancellor.
"To rediscover a life as
meaningful and useful as
The effort to preserve the
memory of that career was
conceived 23 years ago by
Dr. Sachar and Felix
Frankfurter, the Supreme
Court Justice who was once
Justice Brandeis' • close
associate.
"By the time we finished
talking about it, we had it
up- to 12 volumes with the
commentary and all,'! Dr.
Sachar explained. "But no
publisher was interested in
it without a subsidy, and we
didn't have the money. SO I
let it ride, year after year,
much to my dismay."
The university decided to
forego the commentary,
abandon tradition and pub-
lish not printed books but
the raw documents on mic-
rofilm.
Dr. Sachar said, "this
way, the material can get in
the hands of the– scholars
and into the law schools."