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Benjamin Ferencz
Black-and-white photograph of Ferencz, aged 27, wearing a black pinstriped suit and a dark tie
Born
Benjamin Berell Ferencz

(1920-03-11)March 11, 1920
Nagysomkút,Kingdom of Hungary
DiedApril 7, 2023(2023-04-07)(aged 103)
Boynton Beach, Florida,U.S.
NationalityAmerican
Education
Known forProsecutor at theEinsatzgruppen trial
Spouse
Gertrude Fried
​
​
(m.1946; died 2019)​
Children4
Military career
AllegianceUnited States
Service/branchUnited States Army
Years of service1943–1945
RankSergeant
Battles/warsWorld War II

Benjamin Berell Ferencz(March 11, 1920 – April 7, 2023) was an American lawyer. He was an investigator ofNazi war crimesafterWorld War IIand the chiefprosecutor[1]for theUnited States Armyat theEinsatzgruppen trial,one of the 12subsequent Nuremberg trialsheld by US authorities atNuremberg,Germany. When theEinsatzgruppen reportswere discovered, Ferencz pushed for a trial based on their evidence. When confronted with a lack of staff and resources, he personally volunteered to serve as the prosecutor.[2]

Later he became an advocate of internationalrule of lawand for the establishment of anInternational Criminal Court.From 1985 to 1996, he was an adjunct professor of international law atPace University.

Biography

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Early life and education

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Ferencz was born on March 11, 1920,[3][4][5]inNagysomkútin the historicalTransylvaniaregion, into aJewishfamily.[6]A few months later theTreaty of Trianonallocated greater Transylvania, including Nagysomkút, toRomaniafrom theKingdom of Hungary.The new name of the town was Șomcuta Mare.

When Ferencz was ten months old, his family emigrated to the United States to avoid the persecution ofHungarian Jewsby the Kingdom of Romania after Romania took control of Transylvania, Banat, Crisana, and Maramures.[7]

The family settled in New York City, where they lived on theLower East SideinManhattan.[8]Ferencz studied crime prevention at theCity College of New York,and his criminal law exam result won him a scholarship toHarvard Law School.At Harvard, he studied underRoscoe Pound[9]and also did research forSheldon Glueck,who at that time was writing a book on war crimes. Ferencz graduated from Harvard in 1943.[10]

After his studies, he joined theUS Army.His time as a soldier in the army began with a job as a typist inCamp DavisinNorth Carolina;at that time, he did not know how to use a typewriter or fire a weapon. His job duties also included cleaning toilets and scrubbing pots and floors. In 1944, he served in the 115th AAA Gun Battalion, ananti-aircraft artilleryunit.[8]He fought in several major battles of theEuropean theatreand was awarded five battle stars.[11]

In 1945, he was transferred to the headquarters of GeneralGeorge S. Patton'sThird Army,where he was assigned to a team tasked with setting up awar crimesbranch and collecting evidence for such crimes. In that role, he was sent to theconcentration campsthe US Army had liberated.[8]

Nuremberg trial prosecutor

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Friedrich Bergold (attorney forErnst Biberstein), Ferencz, and Rudolf Aschenauer (attorney forOtto Ohlendorf) during the Einsatzgruppen Trial

On Christmas 1945,[9]Ferencz was honorably discharged from the Army with the rank ofsergeant.He returned to New York, but was recruited only a few weeks later to participate as a prosecutor (with the simulated rank ofColonel) on the legal team ofTelford Taylorin thesubsequent Nuremberg trials.[12]Near the Tempelhof in a building belonging to the Ministry of Foreign Affairs in Berlin, in the spring of 1946, Ferencz found reports that described in detail, day by day, the Einsatzgruppen's killing of at least one million people from June 1941. Ferencz then flew to Nuremberg and demanded that the men be put on trial. Taylor hesitated, since there was a shortage of people and money. However, after Ferencz offered to personally handle the case, he agreed to have a trial held.[2]Taylor appointed him chief prosecutor in theEinsatzgruppen case—Ferencz's first case.[8]Of the 24 men he indicted,[13]all were convicted; 13 of them received death sentences, of which four were eventually carried out. Apart fromEast Germany,they were the last executions performed on German soil, and in the Federal Republic.[citation needed]

In a 2005 interview forThe Washington Post,he revealed some of his activities during his period in Germany by way of showing how different military legal norms were at the time:

Someone who was not there could never really grasp how unreal the situation was... I once sawDPs[displaced persons] beat anSSman and then strap him to the steel gurney of a crematorium. They slid him in the oven, turned on the heat and took him back out. Beat him again, and put him back in until he was burnt alive. I did nothing to stop it. I suppose I could have brandished my weapon or shot in the air, but I was not inclined to do so. Does that make me an accomplice to murder?[14] You know how I got witness statements? I'd go into a village where, say, an American pilot had parachuted and been beaten to death and line everyone one up against the wall. Then I'd say, "Anyone who lies will be shot on the spot." It never occurred to me that statements taken under duress would be invalid.[14]

Ferencz stayed in Germany after theNuremberg trials,together with his wife Gertrude,[8]whom he had married in New York[15]on March 31, 1946.[4]Together withKurt Mayand others, he participated in the setup of reparation and rehabilitation programs for the victims of Nazi persecution, and also had a part in the negotiations that led to theReparations Agreement between Israel and West Germanysigned on September 10, 1952,[16]and the firstGerman Restitution Lawin 1953.[8]In 1956, the family—they had four children by then—returned to the US, where Ferencz entered private law practice[15]as a partner of Telford Taylor.[17]While pursuing claims of Jewish forced laborers against the Flick concern (the subject of theFlick trial), Ferencz observed the "interesting phenomenon of history and psychology that very frequently the criminal comes to see himself as the victim".[18]

Role in forming the International Criminal Court

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Experiences just after World War II left a defining impression on Ferencz.[15][6]After 13 years, and under the influence of the events of theVietnam War,he left the private law practice and worked for the institution of anInternational Criminal Courtthat would serve as a worldwide highest instance for issues ofcrimes against humanityandwar crimes.[15]

He also published several books on this subject. Already in his first book,Defining International Aggression: The Search for World Peace(1975), he argued for the establishment of such an international court.[10]From 1985 to 1996, Ferencz also worked as an adjunct professor of international law atPace UniversityatWhite Plains, New York.[7]

An International Criminal Court was indeed established on July 1, 2002, when theRome Statute of the International Criminal Courtcame into force. Under theBush administration,the US signed the treaty, but didn't ratify it. The administration concluded a large number of bilateral agreements with other states that excluded US citizens from being brought before the ICC.[19]

Ferencz repeatedly argued against this procedure and suggested that the US join the ICC without reservations, as it was a long-established rule of law that "law must apply equally to everyone", also in an international context.[15]In this vein, he suggested in an interview given on August 25, 2006, that not onlySaddam Husseinshould be tried, but also George W. Bush, because the US had begun theIraq Warwithout theUN Security Council's permission.[15]He also suggested that Bush should be tried in the International Criminal Court for "269 war crime charges" related to the Iraq War.[20][21]

In 2013, Ferencz again said that the "use of armed force to obtain a political goal should be condemned as an international and a national crime".[22]

Ferencz wrote in 2018, in a preface to a book on the future of international justice, that "war-making itself is the supreme international crime against humanity and that it should be deterred by punishment universally, wherever and whenever offenders are apprehended".[23]

Later years

[edit]
Ferencz in 2012

In 2009, Ferencz was awarded theErasmus Prize,together withAntonio Cassese;the award is given to individuals or institutions that have made notable contributions to European culture, society, or social science.[24]

On May 3, 2011, two days after thedeath of Osama bin Ladenwas reported,The New York Timespublished a Ferencz letter that argued that "illegal and unwarranted execution—even of suspected mass murderers—undermines democracy".[25][26]Also that year he presented a closing statement in the trial ofThomas Lubanga Dyiloin Uganda.[27]

On March 16, 2012, in another letter to the editor ofThe New York Times,Ferencz hailed the International Criminal Court's conviction ofThomas Lubangaas "a milestone in the evolution of international criminal law".[28]

In April 2017, the municipality ofThe Hagueannounced the naming of the footpath next to thePeace Palacethe Benjamin Ferenczpad ( "Benjamin Ferencz Path" ), calling him "one of the figureheads of international justice". The city's Deputy Mayor Saskia Bruines (International Affairs) traveled to Washington D.C. to symbolically present the street sign to Ferencz.[29]

In 2018, Ferencz was the subject of a documentary on his life,Prosecuting Evil,by directorBarry Avrich,which was made available onNetflix.[30]In the same year, Ferencz was interviewed for the 2018Michael MooredocumentaryFahrenheit 11/9.[31]

On June 20, 2019, artist and sculptorYaacov Hellerhonored Ferencz—presenting him with a bust he created—commemorating his extraordinary life dedicated to genocide prevention.[32]

On January 16, 2020,The New York Timesprinted Ferencz's letter denouncing the assassination of the Iranian generalQasem Soleimani,unnamed in the letter, as an "immoral action [and] a clear violation of national and international law".[33]He became a centenarian two months later.[34]Six months later on September 7, the documentaryTwo Heads Are Better Than One: Making of the Ben Ferencz Bust,[35]starring Ferencz and sculptor Yaacov Heller, had a world premiere, produced by Eric Kline Productions and directed by Eric Kline.[36]

On June 22, 2021, he became the first recipient of the Pahl Peace Prize[37]inLiechtenstein.[38]

In January 2022, Ferencz appeared as an interviewee in the German documentaryGanz normale Männer - Der "vergessene Holocaust"[39]which was based on the bookOrdinary Men - Reserve Police Battalion 101 and the Final Solution in PolandbyChristopher Browning.An English language version of the documentary was released by Netflix in September 2023 asOrdinary Men - The "Forgotten Holocaust".

In March 2022, an audio clip of Ferencz was played during theeleventh emergency special session of the United Nations General Assemblyand he later gave an interview toBBC Radio 4'sThe World Tonighton theRussian invasion of Ukraine.[40]He said thatVladimir Putinshould be "behind bars" for his war crimes,[41]and that he was "heartbroken" over atrocities in Ukraine.[42]

On April 7, 2022, Florida GovernorRon DeSantisawarded Ferencz the Governor's Medal of Freedom[43]at a ceremony held atFlorida Atlantic University.[44][45]

In September 2022, Ferencz appeared in theKen BurnsdocumentaryThe U.S. and the Holocaust.[46]

In December 2022, Ferencz was awarded theCongressional Gold Medal.[47]

In January 2023, Ferencz appeared in the David Wilkinson documentaryGetting Away with Murder(s).[48]

In March 2023, in one of his last public appearances, Ferencz presented a video clip of welcome[49]to participants atThe Nuremberg Principles: The Contemporary Challenges Conference,an event sponsored by theInstitute for Policy Research and Catholic Studiesat theCatholic University of America.[50]

Personal life

[edit]

In 1946, Ferencz married his girlfriend, Gertrude Fried, in New York.[8][15][4]For a total of 73 years, they were married "without a quarrel"[51]until her death in 2019.[52]They had four children.[53]

Ferencz died at anassisted livingfacility inBoynton Beach, Florida,on April 7, 2023, at the age of 103.[54]He was the last surviving prosecutor at the Nuremberg trials.[55]

Philanthropy

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In 2016, it was revealed by the Associated Press that Ferencz donated $1 million to theU.S. Holocaust Memorial Museum's genocide prevention center and had earmarked a further $1 million to theSimon-Skjodt Center for the Prevention of Genocide,plus the option for an annual gift renewable for up to $10 million per year.[56]According to a 2017 interview withLesley Stahlon60 Minutes,Ferencz pledged to will his life savings to genocide prevention initiatives.[57]

Selected bibliography

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  • Parting Words(Hardcover), Benjamin Ferencz, Published by Little, Brown Book Group, London, 2020;ISBN9780751579918
  • Ferencz, B.: "The 'Immoral' Killing of the Iranian General", New York Times Letter to Editor, January 16, 2020.
  • Ferencz, B.: "Kriegsverbrechen, Restitution, Prävention. Aus dem Vorlass von Benjamin B. Ferencz",ed. by Constantin Goschler, Marcus Böick, Julia Reus, Göttingen 2019 (collection of documents, open access).
  • Ferencz, B.:Mémoires de Ben, procureur à Nuremberg et avocat de la paix mondiale,(an autobiography), Michalon, Paris, 2012.ISBN978-2841866748
  • Ferencz, B.:New Legal Foundations for Global Survival: Security Through the Security Council,Oceana 1994;ISBN0-379-21207-2.
  • Ferencz, B.:Keyes, K. Jr.:Planethood: The Key to Your Future,Vision Books 1988. Reprint 1991;ISBN0-915972-21-2.
  • Ferencz, B.:A Common Sense Guide to World Peace,Oceana 1985.ISBN9780379207972
  • Ferencz, B.:Enforcing International Law: A Way to World Peace,Oceana 1983.ISBN0379121476
  • Ferencz, B.:Less Than Slaves: Jewish Forced Labor and the Quest for Compensation,Harvard 1979. Reprint 2002, Indiana University Press & USHMM;ISBN0-253-21530-7.
  • Ferencz, B.:An International Criminal Court: A Step Toward World Peace,Oceana 1980.ISBN0-379-20389-8.
  • Ferencz, B.:Defining International Aggression: The Search for World Peace,Oceana 1975.ISBN0-379-00271-X.

Lectures

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Awards

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See also

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References

[edit]
  1. ^Jazz Tangcay (January 22, 2020)."'Prosecuting Evil' Director Barry Avrich on the Race to Complete Nuremberg Trial Doc ".Variety.Archivedfrom the original on December 3, 2019.RetrievedDecember 2,2019.
  2. ^ab"The Making of a Prosecutor".Benjamin B. Ferencz.October 24, 2019.RetrievedApril 20,2023.
  3. ^Gale Reference Team:Biography – Ferencz, Benjamin B(erell) (1920–):,Thomson Gale, April 6, 2006.
  4. ^abcLogli, Ch.:"Benjamin Ferencz".Archived fromthe originalon January 13, 2006.RetrievedDecember 12,2006.,Nuclear Age Peace Foundation, 1999? URL last accessed December 12, 2006.
  5. ^Ferencz, B.:PhotosArchivedApril 6, 2017, at theWayback Machine.One of the captions reads "On March 11, 2003, his 83rd birthday,..." URL last accessed December 13, 2006.
  6. ^abMink, Andreas (April 10, 2023)."Benjamin Ferencz verstorben | Tachles".Tachles(in German).RetrievedApril 10,2023.
  7. ^ab"Benjamin B. Ferencz,A Prosecutor's Personal Account: From Nuremberg to Rome,September 23, 1998 ".Archived fromthe originalon February 2, 2007.RetrievedDecember 13,2006.
  8. ^abcdefgUSHMM:"Chief prosecutor Benjamin Ferencz presents his case at the Einsatzgruppen Trial"ArchivedMarch 6, 2022, at theWayback Machine,encyclopedia.ushmm.org; accessed November 23, 2021.
  9. ^abThe Legal History Project:Interview with Benjamin FerenczArchivedFebruary 12, 2021, at theWayback Machine,May 2006. URL last accessed December 12, 2006.
  10. ^abFerencz, B.:(Auto-)BiographyArchivedJanuary 9, 2008, at theWayback Machine.URL last accessed December 12, 2006.
  11. ^"Remembering the Last Nuremberg Trial Prosecutor".YouTube.Vice News.April 17, 2023.RetrievedJune 20,2023.
  12. ^"Last living Nuremberg Trial prosecutor recalls his work on the Einsatzgruppen Trial".Judicature.Interviewed byMichael Scharf.2021.RetrievedApril 10,2023.
  13. ^"Benjamin Ferencz: Ankläger der Nürnberger Prozesse tot".FAZ.NET(in German).ISSN0174-4909.RetrievedApril 10,2023.
  14. ^abMatthew Brzezinski, Giving Hitler HellArchivedDecember 5, 2010, at theWayback MachineThe Washington Post,Sunday, July 24, 2005; Page W08
  15. ^abcdefgHarvard Law School:Benjamin FerenczArchivedSeptember 10, 2006, at theWayback Machine:Speaker's biography from thePursuing Human Dignity: The Legacies of Nuremberg for International Law, Human Rights & EducationArchivedJanuary 7, 2007, at theWayback Machineconference, November 2005. URL last accessed December 12, 2006.
  16. ^USHMM:Chancellor Konrad Adenauer signs the reparations agreement between the Federal Republic of Germany and IsraelArchivedJanuary 20, 2008, at theWayback Machine,USHMM photograph #11019. URL last accessed December 13, 2006.
  17. ^Ferencz, B.:Telford Taylor: Pioneer of International Criminal LawArchivedFebruary 2, 2007, at theWayback Machine,Columbia Journal of Transnational Law37(3),pp. 661 – 664; 1999. URL last accessed December 13, 2006.
  18. ^Priemel, Kim C. (2012). "Tales of Totalitarianism. Conflicting Narratives in the Industrialist Cases at Nuremberg". In Priemel, Kim C.; Stiller, Alexa (eds.).Reassessing the Nuremberg Military Tribunals:Transitional Justice, Trial Narratives, and Historiography.Berghahn Books. pp. 161–193.ISBN978-0-85745-532-1.
  19. ^Coalition for the International Criminal Court: 2006.Status of US Bilateral Immunity Acts.2006. URL last accessed December 12, 2006.
  20. ^Glantz, A.: "Bush and Saddam Should Both Stand Trial, Says Nuremberg ProsecutorArchivedApril 1, 2013, at theWayback Machine",OneWorld U.S., August 25, 2006. URL last accessed December 12, 2006.
  21. ^Haas, Michael(2008).George W. Bush, War Criminal?: The Bush Administration's Liability for 269 War Crimes.Greenwood Publishing Group.ISBN978-0-313-36499-0.
  22. ^"Benjamin Ferencz".Quellen zur Geschichte der Menschenrechte.Archivedfrom the original on December 22, 2016.RetrievedDecember 21,2016.
  23. ^Albert, Jean (2018).L'avenir de la justice pénale internationale.Bruylant. p. 398.ISBN9782802753452.
  24. ^Stichting Praemium Erasmianum:2009: Antonio Cassese, Benjamin FerenczArchivedMarch 1, 2016, at theWayback Machine.URL last accessed November 15, 2012.
  25. ^Ferencz Weighs in on Bin Laden KillingArchivedMay 25, 2011, at theWayback MachineMay 3, 2011
  26. ^Letter to NY Times re: Bin Laden's KillingArchivedMay 25, 2011, at theWayback MachineMay 3, 2011
  27. ^"The improbable story of the man who won history's 'biggest murder trial' at Nuremberg"ArchivedMay 3, 2022, at theWayback Machine.The Washington Post,By Karen Heller August 31, 2016.
  28. ^Letter to NY Times re: Crimes Against HumanityArchivedJuly 20, 2018, at theWayback MachineMarch 16, 2012
  29. ^Haag, Den."Peace Palace path named for Nazi war crimes prosecutor".www.denhaag.nl.Archived fromthe originalon April 27, 2017.RetrievedApril 26,2017.
  30. ^Kenigsberg, Ben (February 21, 2019)."'Prosecuting Evil' Review: At 98, His Passion for Justice Hasn't Dimmed ".The New York Times.Archivedfrom the original on March 6, 2022.RetrievedJanuary 28,2020.
  31. ^"Review: In 'Fahrenheit 11/9', Michael Moore asks the heartland to deliver us from Trump".Americamagazine.org.September 25, 2018.Archivedfrom the original on March 6, 2022.RetrievedNovember 3,2020.
  32. ^Pamela, Weinroth (June 24, 2019)."South Palm Beach County Social Scene".Boca Raton Tribune.Archivedfrom the original on March 6, 2022.RetrievedSeptember 19,2020.
  33. ^Ferencz, Benjamin (January 16, 2020)."'Immoral' Killing of Iranian ".The New York Times.Archivedfrom the original on January 17, 2020.RetrievedJanuary 17,2020.
  34. ^Benjamin Ferencz: The last surviving Nuremberg prosecutorArchivedMay 24, 2020, at theWayback Machine,aljazeera.com; accessed November 23, 2021.
  35. ^"Two Heads Are Better Than One: Making of the Ben Ferencz Bust".IMDB.Archivedfrom the original on March 6, 2022.RetrievedSeptember 19,2020.
  36. ^"Two Heads Are Better Than One World Premiere".YiddushFest.org.September 7, 2020. Archived fromthe originalon September 30, 2020.RetrievedSeptember 19,2020.
  37. ^ab"Pahl Peace Prize Foundation".Archivedfrom the original on April 17, 2022.RetrievedNovember 8,2021.
  38. ^"Ferencz:" Der Weltfrieden darf nicht unser Ziel bleiben, sondern muss Realität werden "– Liechtenstein".Liechtensteiner Volksblatt(in German).Archivedfrom the original on November 8, 2021.RetrievedNovember 8,2021.
  39. ^Ben Ferencz (2022).Ganz normale Männer - Der "vergessene Holocaust".IMDB(Television production). Broadview TV, Zweites Deutches Fernsehen (ZDF).RetrievedSeptember 5,2023.
  40. ^"04/03/2022".The World Tonight.March 4, 2022. 37:38 minutes in.BBC Radio 4.Archivedfrom the original on March 4, 2022.RetrievedMarch 4,2022.
  41. ^"Last surviving Nuremberg Trials prosecutor says Putin should be 'behind bars'".Daily Mirror.March 4, 2022.Archivedfrom the original on March 6, 2022.RetrievedMarch 5,2022.
  42. ^'I am heartbroken': Last surviving Nuremberg prosecutor on war in Ukraine – CNN Video,April 15, 2022,archivedfrom the original on May 2, 2022,retrievedMay 2,2022
  43. ^ab"2021 Florida Statutes Title IV Chapter 14 Section 35".The Florida Senate.Archivedfrom the original on April 9, 2022.RetrievedApril 9,2022.
  44. ^"Governor DeSantis Awards the Governor's Medal of Freedom to Benjamin Ferencz, the Last Surviving Nuremberg Prosecutor".flgov.com.April 8, 2022.Archivedfrom the original on April 9, 2022.RetrievedApril 9,2022.
  45. ^Holland, Courtney (April 7, 2022)."DeSantis awards Nuremberg trials prosecutor with Florida Medal of Freedom".WTSP.Archivedfrom the original on April 9, 2022.RetrievedApril 9,2022.
  46. ^""The U.S. and the Holocaust"".PBS.Archivedfrom the original on September 23, 2022.RetrievedSeptember 23,2022.
  47. ^Kamaras, Jacob (December 22, 2022)."Bipartisan bill awards Congressional Gold Medal to last living Nuremberg prosecutor".JNS.org.Archivedfrom the original on December 25, 2022.RetrievedApril 9,2023.
  48. ^Bradshaw, Peter (September 30, 2021)."Getting Away with Murder(s)".The Guardian.Archivedfrom the original on March 13, 2023.RetrievedMarch 13,2023.
  49. ^"Ben Ferencz Introduction".October 20, 2022.Archivedfrom the original on April 9, 2023.RetrievedApril 9,2023– via www.youtube.com.
  50. ^"The Nuremberg Principles Conference".The Catholic University of America.Archivedfrom the original on January 27, 2023.RetrievedApril 9,2023.
  51. ^"Criminal: Episode 177: Palace of Justice on Apple Podcasts".Apple Podcasts.Archivedfrom the original on January 27, 2022.RetrievedNovember 20,2021.
  52. ^Finkelstein, Daniel."Parting Words: Nine Lessons for a Remarkable Life by Benjamin Ferencz review — what you know when you're 100".Archivedfrom the original on December 26, 2020.RetrievedDecember 26,2020.
  53. ^"Biography".Benjamin B. Ferencz.Archivedfrom the original on March 6, 2022.RetrievedApril 9,2023.
  54. ^McFadden, Robert D. (April 8, 2023)."Benjamin B. Ferencz, Last Surviving Nuremberg Prosecutor, Dies at 103".The New York Times.Archivedfrom the original on April 8, 2023.RetrievedApril 8,2023.
  55. ^BBC World Service radio report, aired on October 5, 2021, using recordings of interview from 2017.
  56. ^"Nuremberg prosecutor gives $1 million to Holocaust Museum".AP News.August 31, 2016.RetrievedMarch 16,2024.
  57. ^Remembering the Last Nuremberg Trial Prosecutor,April 17, 2023,retrievedMarch 16,2024
  58. ^"Past Winners".Jewish Book Council.Archivedfrom the original on March 7, 2022.RetrievedJanuary 21,2020.
  59. ^"IAP Awards: IAP".International Association of Prosecutors.RetrievedApril 13,2023.
  60. ^"Recht statt Krieg: Uni Köln ehrt Benjamin Ferencz".Legal Tribune Online.Archivedfrom the original on March 27, 2022.RetrievedApril 9,2023.
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