 The
bill which is in an advanced stage will vastly
extend Israeli legal jurisdiction. The bill calls
for any Holocaust denier to be tried in Israel.
 
Jerusalem, Thursday, November 4, 2004
The long arms of
Rabbi Elyashiv and of the Knesset By Shahar Ilan THE founder of Degel Hatorah,
Rabbi Eliezer Menachem Shach, the third
anniversary of whose death is marked this week,
scrupulously respected the American Diaspora. When
he explained his position, according to which
territorial concessions should be made to save
Jewish lives, he noted that "without the help of
the United States, we would not be able to survive
even one month on our own, and all those who speak
so arrogantly, that we, we, we will be victorious,
are despised by the Lord." Against this background it was more than
surprising when Shach's successor, Rabbi Yosef
Shalom Elyashiv, last week voiced the opinion
that "it seems Bush is a friend of Israel and
[American Jews] should vote for him." The
man who asked the rabbi was David
Morgenstern, a Bush activist in Israel. This is
not just any foreign intervention in the American
presidential elections. In these elections, many
Haredi ultra-Orthodox Jews who live in Israel and
have American citizenship will be voting for the
first time. Some of them are voting in crucial
states. The possibility that the votes of these
Haredim will tip the scales would certainly have
deterred Shach from intervening. A source who is
very familiar with Shach's attitude said yesterday
that Elyashiv's statement "seems to contradict
everything Shach taught." Prof. Menahem Friedman, a researcher of
the Haredi population, said Elyashiv's order
attests to "a feeling of security and power that
stems from the Haredim being citizens of a
sovereign state. They feel the Zionist state has
redeemed them. They no longer feel they have to be
so cautious about not annoying the gentiles." Friedman says Elyashiv's statement is evidence
of, among other things, the tough leadership crisis
in Haredi Jewry in the U.S., which required
guidance from the outside. A source close to Elyashiv responded that "it is
not an order, but rather a suggestion." The source
said there is no fear the statement will cause
anti-Semitism, as Elyashiv voiced support for the
Republican candidate, while most American Jews vote
for the Democrats. The fact that this is no simple
matter is also evident in the response by Knesset
member Moshe Gafni (United Torah Judaism). "I have
no idea," said Gafni. "I haven't delved into
it." Grasping
leadershipWhen Shach died, it seemed Elyashiv would be a
leader for a transition period. Until then he had
hardly published his writings or been involved in
public matters. While Shach was known for his
scathing speeches, Elyashiv abstained from
addressing large gatherings. As time goes by,
however, Elyashiv is assuming a position as a real
leader of the Haredi public. He still does not
speak publicly and apparently will not do so, but
in recent weeks he published a whole series of
writings and instructions. Elyashiv decided to vote against the
disengagement plan. He leads the opposition to the
implementation of the Education Ministry's core
curriculum in Haredi boys' elementary schools. He
published an order to fight the paving of a road in
Acre through an old cemetery. He asked Chief Rabbi
Yona Metzger (who was elected only thanks to
Elyashiv's support) to make sure the signs stating
that halakha (Jewish law) forbids Jews from
ascending the Temple Mount were placed at the
entrances to the mount. He even interfered in the
composition of the rabbinical court panel for
She'erit Yisrael kashrut certification.  David
Irving comments: WHAT
the Israelis do with their own criminal
law is a matter of supreme indifference to
us normal folks.
Let us just use
this occasion to  recall
that Prof Richard "Skunky" Evans
(right), called upon (and paid a quarter
of a million dollars by Lipstadt, et
al.) to define A Holocaust
Denier, gave these four criteria: a
denier was somebody who said the
figures were exaggerated and sought to
reduce them; somebody who said that Hitler
did not give the order; somebody who
inclined to equate the killing of the Jews
with the Allied saturation bombing of
civilians in WW2; and somebody who argued
that the homicidal gas chambers did not
exist.
Criteria almost
tailor-made for the Lipstadt Trial, a
cynic might remark.
I asked "Skunky" in
cross-examination if meeting one
such criterion was sufficient to be
branded a "denier" for life, or did it
have to be all four of the above?
He panicked, as he
hadn't thought that one through.
Because, I continued,
handing him two photos -- before and after
-- of the memorial at Auschwitz, one
reading 4 million, the 1.5 million (and
both surely exaggerated anyway), that
meant that museum chief Franciszek
Piper was a "denier."
Given the subservience
of the judges, and the state of the legal
system and justice-ministries in many
countries and provinces, for example in
Ontario, Canada, where the bench is
predominantly occupied by their fellows,
it hardly seems necessary for Israel to
pass such a weird domestic law as is
contemplated in this article. |
Whereas at first it appeared that Elyashiv would
share the political leadership of Degel Hatorah
with Rabbi Aharon Leib Steinman, Elyashiv
has recently established himself as the sole
leader. Steinman deals mainly with educational
leadership. Elyashiv is also moving in on the heads
of Agudat Yisrael, all of whom are revered leaders
of Hassidic sects. They all seem to be busy with
the matters of their own communities, and do not
often become involved in matters of the whole
Haredi public.Shouting
'Gevalt!'Israeli law allows people to be tried in Israel
for several types of crimes committed beyond its
borders -- Nazis and their cohorts, for example,
terrorists who harmed Israelis or Jews, or Israelis
who broke the law abroad. There is now doubt,
however, that the passing of the bill initiated by
MK Arieh Eldad (National Union) and which is
in an advanced stage -- being prepared for second
and third readings in the Knesset Constitution, Law
and Justice Committee -- will vastly extend Israeli
legal jurisdiction. The bill
calls for any Holocaust denier to be tried in
Israel. In most countries in
the world there is no prohibition on denying the
Holocaust. One of Eldad's reasons for submitting
the bill was effectively to create a deterrent
for the citizens of those countries too. "What I want is that if a Holocaust denier
publishes a book in England, he will be considered
a criminal in Israel," explained Eldad to a meeting
of the committee. He clarified that even if no one
is tried, it will be sufficient that deniers know
they cannot come to Israel. It is reasonable to assume Eldad's bill would
not have reached such an advanced stage were it not
for staunch support from
Holocaust survivor
Justice Minister Tommy Lapid. The
ministerial committee on legislation, which Lapid
heads, decided to support the bill and thus granted
it coalition support. Lapid told Haaretz that he
feels denying the Holocaust "is a clearly neo-Nazi crime. Anyone
involved in this belongs to the group of
criminals whom our arm must reach anywhere in
the world. This is essential even if the law
remains declarative. We will not hunt them, but
they should know that they are on our list of
criminals. I am very satisfied and happy that
this will be entering our law books." The bill is actually quite controversial. During
the debate on the bill's first reading in the
Knesset Constitution, Law and Justice Committee,
Justice Ministry representative Tamar
Bornstein explained that the bill is "symbolic
more than practical. If the act does not constitute
a crime in the country in which it is committed,
that country will not extradite one of its citizens
[to Israel]. If the act is a crime, I
assume the country would want to try the criminal
itself." Attorney Eyal Zandberg, the committee's
deputy legal adviser, said the bill is
"problematic," and proposed that the ministerial
committee on legislation reconsider it. Prof. Shneur Zalman Feller, who was
awarded the Israel Prize for Law and is considered
the country's senior criminal jurist, displayed
callous contempt for the bill during the meeting.
Feller opposes using criminal law against Holocaust
denial even in Israel. "Will criminal measures
force people to remember?" he asked. "How is this
the role of criminal law?" "Do you want to shut the
mouths of the whole world?" Feller asked
Eldad, regarding the extensive application of the
law. Feller said the passing of the law would be
nothing more than a cry of 'Gevalt!'" Committee chairman Michael Eitan (Likud)
said caution must be exercised against zealousness,
making the subject itself ridiculous. "I feel a bit uncomfortable with this," said
Eitan, "because I do not believe this law will be
useful forever." This, however, did not prevent him from
announcing that he would promote the bill within
three weeks, "unless the Foreign Ministry has
second thoughts on the matter." 
The
Lipstadt trial
|
write to David
Irving