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Synopsis of a Lecture Delivered
by Dr. Harry Reicher
Distinguished Professor of
International Law
At the Dorothy Koppelman
Memorial Holocaust Lecture:
May 16, 2004
Summed up by Dr. Vera Goodkin
THE
IMPACT of the HOLOCAUST on
INTERNATIONAL LAW
In a
brilliantly organized and
meticulously documented
presentation, Dr. Reicher
explained that Nazi ideology was
based on the theory that the
foundation of humankind was a
series of races appearing in
hierarchical order - from the
highest and purest, to the
lowliest and most contaminated.
It was, therefore, nothing short
of essential to mount a
monumental struggle to prevent
the pollution of the ideal
(Aryan) human race. This
determination resulted in the
legal dimension of the
Holocaust. In their obsession
with legalizing persecution and
brutal abuse, the Nazis passed
2,000 laws against the Jews.
The "crown jewel" among these,
the Nuremberg Laws of September
1935, had the distinction of
having been passed by the
Reichstag. As the apotheosis of
racial ideology, they needed the
"imprimatur" of the State. In
essence, they systematically
attacked the indices of human
dignity through
-
Deprivation of earning
capacity - starting with the
dismissal of civil servants
and professors;
"un-licensing" of doctors
and lawyers. (Victor
Klemperer traces his journey
from the prestige and
comforts of academia to
humiliation and abject
poverty)
-
Deprivation of education -
exclusion of Jewish students
from universities, colleges,
secondary and elementary
schools; ultimate
criminalization of home
schooling. (Victor Klemperer
poignantly defines this as
an "intellectual death
sentence"; M. Kaplan
describes this process in
"Between Dignity and
Despair".)
-
Expropriation of property -
a four-step process
a. registration of property
b. forced sale (Aryanization)
c. miscellaneous acts to
deplete Jewish finances (as
in their having to pay for
the damage inflicted during
Kristallnacht; taxes on
emigration)
d. the Reich's becoming
every Jew's heir (the
ultimate indignity
Post-World War II. Response of
International Law
To a great extent, thanks to the
insights - and foresight - of
President Harry Truman and
Justice Jackson, both of whom
saw the importance of an
international precedent to send
an unmistakable message
world-wide - for which we owe
them an everlasting debt of
gratitude - the Court of
International Law for Human
Rights was born
-
To bring perpetrators to
justice (while the British
suggested to simply shoot
them)
-
To write a historical record
with clarity and precision
-
To establish incredible
events in credible ways
-
To establish moral
dimensions
The
Nuremberg Trials
-
Served as basic research
tools
-
Were unique in the history
of jurisprudence of the
world
-
Addressed mass abuses,
establishing the
responsibility of the
individual
-
Articulated the concept of
"crimes against humanity"
for the first time
-
Negated claims of immunity
for persons in position of
power
-
Articulated the concept of
genocide as "the intention
to wipe out a people"
-
Enshrined a recognition of
human rights in the
Universal Declaration of
Human Rights and smashed
through the ideology of
denial of inherent dignity
and worth by guaranteeing
a. the right to choose a
marriage partner
b. the right to earn an
income (one of the main
indices of human dignity)
c. the right to own property
d. the right to get an
education (to develop
intellectually)
Through the International
Tribunal for Human Rights,
International Law has the
mechanisms non-existent prior to
the Holocaust to react
resoundingly to mass abuses of
human rights.
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