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Ukrainian Concern

Continued from Page 7

under Stalin had exter-
minated approximately 15
million Ukrainians, a
number substantially in ex-
cess of Hitler's eventual toll of
Jews, heinous and diabolical
as that was. Just as the Allies
joined forces with a repug-
nant enemy, Stalin, some
members of OUN aligned
themselves with Hitler to
fight on the Eastern Front in
the hope of ridding their
country of Stalin. Other OUN
members refused to do so and
were imprisoned in Hitler's
death camps along with Jews.
Still other members of OUN
formed the Ukrainian In-
surgent Army, which waged
an armed resistance struggle
against both Hitler and
Stalin simultaneously.
Few chapters in history
are as heroic as the strug-
gle of the Ukrainian In-
surgent Army against two
giant totalitarian armies
simultaneously.
It is noteworthy that UCCA
legal counsel Askold Lozyn-
skyj, whom Mr. Bellant men-
tioned, is the son of a Ukrai-
nian lawyer imprisoned at
Auschwitz for the crime of
membership in OUN.

6. According to Mr. Bellant,
the American Bar Associa-
tion's Craig Baab, my long-
time adversary in the dispute
over the ABA's ties to the
anti-Zionist, anti-Semitic
Assocition of Soviet Lawyers,
is once again critical of me,
this time for my stand on war
crimes procedures.
If Baab's organization, the
ABA, looked into the issue of
proper legal procedures for

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FRIDAY, JULY 28, 1989

hunting war criminals (an
idea which I would support),
it would find that criminaliza-
tion is the modern trend, and
that it is the most effective
way of assuring that Nazi
suspects do not escape justice.
As a fellow human rights ac-
tivist, I sincerely hope Baab
will join me in calling for
criminalization of U.S. war
crimes procedures.
7. Concerning
Arthur
Rudolph, the German rocket
scientist who helped to
engineer the U.S.'s lunar
landing in 1969, Bellant has
no basis for his assertion that
Rudolph "admitted his role"
in Nazi war crimes. Rudolph
never admitted a role in war
crimes, but instead left the
country when the Justice
Department represented to
him that it had evidence link-
ing him with war crimes.
After a criminal investigation
in West Germany, the Justice
Department's claimed
evidence was found to be non-
existent. No grounds were
discovered for proceeding
against Rudolph. This distur-
bing episode in OSI's history
is chronicled in American in
Exile, a book by Frank
Thomas (Hugh Mclnnish),
who spoke at the town
meeting.
Felix Frankfurter once
wrote that "the history of
American freedom is, in no
small measure, the history of
procedure." The speakers who
gathered at, the town meeting
did so out of grave concern for
"American freedom"; i.e., civil
liberties as embodied in fair
and equitable legal pro-
cedures.

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OPINION 1

T

he June 25 town meet-
ing was part of a cam-
paign to curb the pro-
secution of suspected war
criminals. The process of
"criminalization," if enacted
by Congress, could delay ac-
tion against war criminals for
years. All current cases would
have to be dropped and refil-
ed as criminal cases; the even-
tual trial and appeals court
decisions would take at least
several years.
Initial cases would then be
appealed to the Supreme
Court to determine the con-
stitutionality of criminaliza-
tion. If the Supreme Court
rules it unconstitutional,

Russ Bellant has written
several major reports on
Nazis in America.

then what? Then no prosecu-
tions, period.
Ms. Huntwork's disagree-
ment with Elizabeth
Holtzman ignores her con-
cern that the court could rule
as unconstitutional a law
that seeks to criminalize
foreign citizens for acts com-
mitted against foreign
peoples in a foreign country.
This issue was debated when
the Office of Special Invstiga-
tions was established and the
Congress decided against
criminalization.
As noted by speaker Askold
Lozynskij, the OSI would
have a harder time getting
convictions if criminalization
took effect because jury trials
would be requested and it is
easier to get acquittals from
juries than in bench trials.
Another speaker stated that

Continued on Page 14

