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Print photocopies of Benjamin Ferencz, while he served as a prosecutor during the Nuremberg trials, on a table at his home in Delray Beach, Florida on June 1, 2022.
Nuremberg now: the legacy of Ben Ferencz
At 27 years old, with no trial experience to speak of, Ben Ferencz entered the courtroom at Nuremberg in November of 1945. He was tasked with holding to account a regime that had slaughtered millions and tried to annihilate his own people. Acting as chief prosecutor, Ferencz secured convictions against 22 Nazis.
Ferencz, the last-surviving prosecutor at the Nuremberg trials of Nazi war criminals, passed away last week at the age of 103. As a child, he and his family fled anti-semitism in Romania. After finishing law school at Harvard, he joined the US army, taking part in the Normandy landings and the Battle of the Bulge. He was then assigned to General Patton’s HQ as part of a special unit investigating Nazi atrocities, interviewing survivors and witnessing first-hand the horrors of the concentration camps. That experience would shape the rest of his life. He would remain a warrior, not on the battlefield but in the public arena as a professor of international law and tireless campaigner for justice for the victims of genocide.
The Nuremberg trials marked a watershed moment in the history of modern human rights law. Never before had an international tribunal sought to hold global leaders to account for starting a war and carrying out crimes against humanity. They also included a new term- genocide – as part of the indictments.
In the decades since, the notion that war criminals may face justice has – however imperfect in practice – become an accepted part of international norms. That’s especially true since 2002 when Ferencz’s efforts helped to establish the International Criminal Court (ICC) at the Hague. International courts have judged the perpetrators of genocides in Rwanda and the former Yugoslavia in ways that were unimaginable when Ferencz was a child.
Still, more than 75 years after Nuremberg, international justice remains a work in progress. Participation in the ICC is voluntary, and even the world’s most powerful democracy, the United States, refuses to do so, out of concerns that it would limit American sovereignty. That puts Washington – which has faced its own human rights allegations in the past – in the unsavory company of serial abusers like Russia, China, Syria, or Saudi Arabia, which also refuse to ratify the ICC’s underlying statutes.
Despite a recent ICC warrant against Russian President Vladimir Putin, for example, there’s little chance that he’ll face prosecution. Bashar al-Assad, for his part, has survived the civil war he helped create, and is unlikely to face justice for the gruesome crimes that his regime committed during the war.
The coming years pose particular challenges to the cause of international justice. For one thing, the emergence of new major international powers may make it even harder to secure universally-applicable mechanisms of human rights law. Technological advances, meanwhile, enable state and non-state actors to spread disinformation in an attempt to erode trust in facts and evidence. For instance, the Russian disinformation narratives have asserted that the civilian massacre in Bucha, Ukraine was staged.
Nevertheless, Ben Ferencz and his colleagues gave today's international human rights lawyers and activists the tools to document evidence and gather witness testimony, and the mechanisms to hold leaders accountable.
Ferencz himself was under no illusions about the challenges of creating a system that would bring war criminals to justice. In his later years he remarked “Nuremberg taught me that creating a world of tolerance and compassion would be a long and arduous task.”
But he also reminded us that “if we did not devote ourselves to developing effective world law, the same cruel mentality that made the Holocaust possible might one day destroy the entire human race.”
Demonstrators drape the national flag of Israel on the walls of Jerusalem's Old City.
What We’re Watching: Bibi’s defiance, US strikes in Syria, Lula’s China visit, Putin’s Hungary refuge, India vs. free speech
Bibi’s not backing down
Israelis waited with bated breath on Thursday evening as news broke that PM Benjamin “Bibi” Netanyahu was preparing to brief the nation after another “day of disruption” saw protesters block roads and strike over the government’s proposed judicial reforms.
The trigger for the impromptu public address was a meeting between Bibi and Defense Minister Yoav Gallant, also from the ruling Likud Party, who has voiced increasing concern that the looming judicial reform would threaten Israel’s national security, particularly as more and more army reservists are refusing to show up for training.
That never happened. While he talked about healing divisions, a defiant Netanyahu came out and said he will proceed to push through the reform, which, among other things, would give the government an automatic majority on appointing Supreme Court judges. This came just a day after the Knesset, Israel’s parliament, passed a bill blocking the attorney general from declaring Netanyahu unfit for office due to a conflict of interest over his ongoing legal woes and his bid to dilute the power of the judiciary. In response, the attorney general released a letter Friday saying Netanyahu's involvement in judicial reform is "illegal," suggesting a much-dreaded constitutional crisis may have begun.
Two things to look out for in the days ahead: First, what does Defense Minister Gallant do next? If he threatens to – or does – resign, it could set off subsequent defections and be a game changer. Second, how do the markets respond? Indeed, markets rallied Thursday before Bibi’s address in hopes that the government was set to backtrack on the reforms that are spooking investors, but the shekel value slumped after the speech.
US strikes Iranian-backed group in Syria
The US confirmed Thursday that it had struck an Iranian-backed group in northeastern Syria after a Tehran-aligned militia launched a drone attack against a US base near the province of Hasakah, killing at least one US contractor and injuring another contractor as well as five US troops.
While strikes on US bases in northeastern Syria are not necessarily uncommon, the scale of casualties seen Thursday is quite rare. Indeed, a high-ranking US official recently said that Iran’s Revolutionary Guards Corps, which takes orders directly from the supreme leader, has launched 78 attacks on US positions in Syria since Jan. 2021.
The US Department of Defense, meanwhile, said that the drone used in this attack was of Iranian origin, and that President Joe Biden had given the go ahead for a precision-guided retaliatory strike on an Iranian-backed group that reportedly killed 11 fighters.
Video footage suggests the strike was on Deir Ez-Zor, a province that borders Iraq and contains oil fields. The US still maintains around 900 troops in the country’s northeast after President Donald Trump ordered the withdrawal of roughly 2,000 troops in 2018. It is at least the fourth known attack on Iranian assets in northwestern Syria under the Biden administration.
Iran, for its part, has not commented on the strikes, but the likelihood of increased tensions with the US is only rising.
Lula takes his beef directly to Xi Jinping
“Tell me who you walk with,” the saying goes, “and I’ll tell you who you are.” Well, Brazilian President Luiz Inácio “Lula” da Silva is rolling deep to his upcoming summit with Xi Jinping, taking nearly 250 businesspeople along for the ride. More than a quarter of them are from Brazil’s powerful meat export industry alone.
That tells you everything about the trip’s main focus: trade, trade, and more trade. And why not? It was during Lula’s last stint as president that China displaced the US as Brazil’s largest commercial partner, fueling a historic economic boom as it gobbled up huge quantities of Brazilian meat, soybeans, and iron ore. Nowadays, facing a much tougher economic and political environment, Lula is keen to recapture some of that commercial magic.
But the geopolitical context also matters. Important as China is commercially, the US is Lula’s most important regional security and investment partner, and Washington was Lula’s first trip beyond Latin America as president. As the US-China rivalry deepens, Lula and his dealmaking entourage will need to tread carefully in a world that is splitting apart under their feet.
Hungary is a safe space for Putin
The Hungarian government said Thursday it wouldn’t jail Vladimir Putin if he came to Hungary, despite the International Criminal Court’s recent issuance of an arrest warrant for the Russian president for war crimes.
Budapest’s reasoning was a doozy: While they have signed and ratified the Rome Statute, which created the ICC, they say they haven’t gotten around to incorporating it into Hungarian law yet, so no-can-do on arresting Putin.
It’s all purely hypothetical, as there’s no chance of Putin going to Hungary any time soon. But that’s the point. Hungary’s avowedly “illiberal” PM Viktor Orban has long made clear that he won’t just toe the EU party line on Russia. He’s reluctantly gone along with EU sanctions on Russia, but he’s also said the EU is needlessly expanding and prolonging the war by arming Ukraine – something his government won’t do.
Moscow, for its part, says arresting Putin abroad would be “an act of war.”
India's opposition leader sentenced to prison for defamation
The world’s largest democracy seems to be getting less comfortable with a key tenet of it: free speech.
Rahul Gandhi, a member of the Indian National Congress, the main opposition party, was sentenced on Thursday to two years in prison for “defaming” Prime Minister Narendra Modi. He was also disqualified as a lawmaker by the lower house of parliament. In April 2019, Gandhi referred to the PM — along with two corrupt officials also named Modi and charged with embezzling millions of dollars — as “thieves.”
This is a big deal because Gandhi is Indian political royalty. After all, he's the son, grandson, and great-grandson of prime ministers (his great-grandfather, Jawaharlal Nehru, was India's first PM), and was surely planning to run against Modi for the top job in 2024. What's more, he recently completed a five-month-long march in hopes of reviving the Congress party, which for decades dominated Indian politics but took a beating from the BJP in the last election.
Although his party is appealing the conviction, the stakes are very high for Gandhi due to a provision in India’s election law that disqualifies MPs sentenced to, coincidentally, at least two years in prison for any offense, including defamation. Gandhi turned to Twitter in defiance, tweeting up a storm on Thursday with messages like "Long live the revolution" and quoting Mahatma Gandhi with "truth is my God."
Meanwhile, opposition groups accuse the PM of using the courts to go after his political rivals. Indeed, Gandhi’s sentence comes on the heels of the recent arrest on corruption charges of Manish Sisodia, the head of the AAP, another opposition party that runs the capital, New Delhi. Democratic backsliding indeed.
Russian President Vladimir Putin meets with local officials in Sevastopol, Crimea March 18, 2023.
What We’re Watching: Putin in Mariupol, Xi in Moscow, Israeli-Palestinian talks, Trump fearing arrest, Kosovo-Serbia agreement
A defiant Putin heads to Mariupol
Vladimir Putin visited the port city of Mariupol in eastern Ukraine on Sunday, two days after the International Criminal Court issued an arrest warrant for both him and Russia’s children’s commissioner for the mass abduction of at least 1,400 Ukrainian children. The court claims that some Ukrainian orphans have been forcibly resettled with Russian families, while others were sent to “re-education camps” in Russia with their parents' consent but have not been returned.
This is the closest Putin has gotten to the front lines since the war began in Feb. 2022. The strategic city of Mariupol, which became a symbol of Ukraine’s protracted struggle after Russian forces started pounding the city at the start of the war, was taken last May in a brutal offensive that killed at least 20,000 people.
Putin’s Mariupol visit came a day after his stop in Crimea, where he marked the ninth anniversary of Russia's annexation of the territory — and both publicized visits likely served as symbolic shows of defiance against both the ICC and the West.
While Putin is unlikely to be in the dock anytime soon, the ICC warrant is a major geopolitical blow for the Kremlin. It increases Putin's physical isolation – Germany, for example, has already said he’ll be arrested if he visits -- and it's less than ideal for him to be labeled a war criminal as he tries to keep nonaligned countries onside.
Xi's choice
China’s Xi Jinping on Monday touched down in Moscow for his first trip since Russia invaded Ukraine. The stakes, to put it mildly, are pretty high.
As the US continues to fret that China might abandon its so-called "pro-Russia neutrality” in the conflict to arm the Russians, Xi says he only wants peace. Likely emboldened by the success of China's role in mediating a recent détente between longtime foes Iran and Saudi Arabia, Beijing sees an opening to cast itself as a global peacemaker in Ukraine. But Xi's 12-point peace plan was rejected outright by NATO, while Ukraine says it is open to Chinese mediation but will not compromise with Russia on its territorial integrity. (This week, China's leader also intends to speak with Ukraine's President Volodymyr Zelensky for the first time since the war started.)
And what about Vladimir Putin? Before Xi's arrival, the Russian president put on a show of affection for his "good old friend." After all, Xi has met Putin more times than any other world leader since he came to power in 2013. But as the war drags on with no end in sight, Putin knows that Xi must now decide whether to risk a full-blown proxy conflict with the US to help Russia win at all costs ... or rather give Putin an off-ramp to end the war the Ukrainians will accept.
Israeli-Palestinian de-escalation talks
With Ramadan starting later this week, Palestinian and Israeli mediators met on Sunday in the Egyptian town of Sharm el-Sheikh – along with Jordanian, Egyptian, and US representatives – to try and de-escalate tensions in Israel and the West Bank.
After talks in Jordan last month failed to make progress, this weekend's summit aimed to halt the cyclical flare-ups at flashpoint sites that Jerusalem has seen during Ramadan and Passover in recent years.
Both sides agreed on Sunday to set up a mechanism to thwart violence. But reports of a shooting near the town of Huwara in the northern West Bank, which gravely injured one Israeli, cast doubt on the success of the talks. Indeed, it’s the same town where two Jews were killed in a Palestinian terror attack several weeks ago, prompting Jewish settlers to pillage the village and burn scores of Palestinian homes in retaliation.
Crucially, the most recent shooting came after reports that a senior member of Palestinian Islamic Jihad was assassinated in Syria. Still, Israel committed “to stop discussion of any new settlement units for four months.” But that doesn’t necessarily mean much: The same sentiment appeared in a communique after last month’s meeting, but PM Benjamine Netanyahu then came out and said that his right-wing government was not committed to a settlement freeze.
Meanwhile, inside Israel, nationwide protests against the government’s proposed judicial reforms, now in their eleventh week, show no signs of abating. In a phone call with his Israeli counterpart on Sunday, President Biden too expressed deep concern over the judicial overhaul.
Will Trump be arrested?
ALL CAPS are back! Taking to social media on Saturday, former President Donald Trump called on his supporters to take to the streets, claiming that he would be indicted by a grand jury in New York, and arrested, in the coming days.
Writing on Truth Social – his own social media platform – Trump said that he’ll likely be detained on Tuesday on charges linked to a 2016 payment to an adult film star in violation of campaign finance rules.
Though it’s widely assumed that an indictment against Trump, who recently turned down an opportunity to testify before a grand jury, could be imminent, the Manhattan district attorney’s office has remained mum on details.
Still, the DA is clearly worried about the fallout and has urged staff not to be intimidated by the former president’s social media shtick. New York City police are also on high alert to ensure the DA's office is protected.
We’re watching to see how other Republican presidential candidates react to the developments. While Trump’s legal woes could help his opponents, dissing the former president might not land well with much of the GOP base.
Kosovo and Serbia take the next step
Serbia and Kosovo reached a tentative agreement on Saturday to implement an EU-backed deal to normalize relations after years of tensions threatened to reignite war. Sound convoluted? Well, it is.
The two sides began negotiating with the EU shortly after Kosovo unilaterally declared independence from Serbia in 2008. (For background on the conflict and where things currently stand, see our explainer here.)
While EU foreign policy chief Joseph Borrell said a deal had been reached, both sides said big disagreements remain. Essentially, the two sides agreed they would maintain “good neighborly relations” and recognize the other’s state symbols – including license plates! Crucially, it would prevent Serbia from blocking Kosovo's membership in the UN and other international organizations.
Why now? Both countries are vying to join the European Union, and the bloc has made it clear that cannot happen without the normalization of ties. What’s more, maintaining stability in the Balkans has renewed importance since Russia’s invasion of Ukraine.
While this is a big step, critics say that without full mutual recognition, implementation – and adherence – of this EU-backed deal could be a long shot.