Benjamin Halevy ( he, בנימין הלוי, 6 May 1910 – 7 August 1996) was an Israeli judge and politician.
Biography
Halevy was born Ernst Levi in
Weißenfels
Weißenfels (; often written in English as Weissenfels) is the largest town of the Burgenlandkreis district, in southern Saxony-Anhalt, central Germany. It is situated on the river Saale, approximately south of Halle.
History
Perhaps the firs ...
,
Germany
Germany, officially the Federal Republic of Germany (FRG),, is a country in Central Europe. It is the most populous member state of the European Union. Germany lies between the Baltic and North Sea to the north and the Alps to the sou ...
Göttingen
Göttingen (, , ; nds, Chöttingen) is a college town, university city in Lower Saxony, central Germany, the Capital (political), capital of Göttingen (district), the eponymous district. The River Leine runs through it. At the end of 2019, t ...
and
Berlin
Berlin is Capital of Germany, the capital and largest city of Germany, both by area and List of cities in Germany by population, by population. Its more than 3.85 million inhabitants make it the European Union's List of cities in the European U ...
. He
immigrated
Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, and ...
to what was then British
Mandatory Palestine
Mandatory Palestine ( ar, فلسطين الانتدابية '; he, פָּלֶשְׂתִּינָה (א״י) ', where "E.Y." indicates ''’Eretz Yiśrā’ēl'', the Land of Israel) was a geopolitical entity established between 1920 and 1948 i ...
in 1933 after
Adolf Hitler
Adolf Hitler (; 20 April 188930 April 1945) was an Austrian-born German politician who was dictator of Nazi Germany, Germany from 1933 until Death of Adolf Hitler, his death in 1945. Adolf Hitler's rise to power, He rose to power as the le ...
became
Chancellor of Germany
The chancellor of Germany, officially the federal chancellor of the Federal Republic of Germany,; often shortened to ''Bundeskanzler''/''Bundeskanzlerin'', / is the head of the federal government of Germany and the commander in chief of the ...
Jerusalem
Jerusalem (; he, יְרוּשָׁלַיִם ; ar, القُدس ) (combining the Biblical and common usage Arabic names); grc, Ἱερουσαλήμ/Ἰεροσόλυμα, Hierousalḗm/Hierosóluma; hy, Երուսաղեմ, Erusałēm. i ...
during the Mandate period, from 1938 until Israel's
declaration of independence
A declaration of independence or declaration of statehood or proclamation of independence is an assertion by a polity in a defined territory that it is independent and constitutes a state. Such places are usually declared from part or all of ...
in 1948. He served as a District Judge and the President of the Jerusalem District Court until 1963 when he was appointed to the Supreme Court of Israel.
Halevy was the sole judge in what became known as the "
Kastner trial
''The Attorney-General of the Government of Israel v. Malchiel Gruenwald'', commonly known as the Kastner trial, was a libel case in Jerusalem, Israel. Hearings were held from 1 January to October 1954 in the District Court of Jerusalem before Judg ...
," a libel lawsuit against
Malchiel Gruenwald
Malchiel Gruenwald ( he, מלכיאל גרינוולד; also written Grünwald, Gruenvald, and Greenwald) (1882–1958) was an Israeli hotelier, amateur journalist, and stamp collector, who came to public attention in 1953, when he accused an Isr ...
, a hotelier, who accused Rudolf Kastner of having been a Nazi collaborator. Halevy allowed the scope of the trial to be expanded and ruled that Kastner had indeed, in his words, "sold his soul to the devil." Kastner was later assassinated and Halevy's ruling was mostly overturned by the Supreme Court. The manner in which he conducted the trial was criticized.
Halevy was the sole judge at the trial of the
Kafr Qasim massacre
The Kafr Qasim massacre took place in the Israeli Arab village of Kafr Qasim situated on the Green Line, at that time, the de facto border between Israel and the Jordanian West Bank on October 29, 1956. It was carried out by the Israel Border ...
's perpetrators, and in his decision famously wrote, "The distinguishing mark of a manifestly illegal order is that above such an order should fly, like a black flag, a warning saying: 'Prohibited!'" He was later a judge at the trial of Adolf Eichmann, along with
Yitzhak Raveh
Yitzhak Raveh ( he, יצחק רווה; 10 November 1906 – 8 November 1989) was a German-born Israeli judge who was one of the panel of three judges presiding over the trial of Adolf Eichmann. The other judges were Moshe Landau and Benjamin H ...
and
Moshe Landau
Moshe Landau ( he, משה לנדוי) (29 April 1912 – 1 May 2011) was an Israeli judge. He was the fifth President of the Supreme Court of Israel.
Biography
Landau was born in Danzig, Germany (modern Gdańsk, Poland) to Dr. Isaac Landau and ...
.
In 1969 Halevy resigned from the court in order to enter politics. He was elected to the Seventh Knesset for the
Gahal
Gahal ( he, גח"ל, an acronym for ''Gush Herut–Liberalim'' (Hebrew: ), ''lit.'' ''Freedom–Liberals Bloc'') was the main right-leaning political alliance in Israel, ranging from the centre-right to right-wing, from its founding in 1965 until ...
(Herut-Liberal Bloc) list, and again to the Eighth Knesset in 1973 after Gahal had merged into
Likud
Likud ( he, הַלִּיכּוּד, HaLikud, The Consolidation), officially known as Likud – National Liberal Movement, is a major centre-right to right-wing political party in Israel. It was founded in 1973 by Menachem Begin and Ariel Shar ...
. He later left the party to sit as an independent MK. In the 1977 elections, he was returned to the Knesset on Dash's list, but the party split up after a year, and Halevy joined the
Democratic Movement
A democracy is a political system, or a system of decision-making within an institution or organization or a country, in which all members have an equal share of power. Modern democracies are characterized by two capabilities that differentiate ...
, before leaving to again sit as an independent. During the Ninth Knesset he also served as deputy speaker.
Today a street in his birthplace Weißenfels is named after him.
He was married for many years to Luba. They had a son and daughter. After Luba's death he married Michal Halevy.
See also
*
Israeli judicial system
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister ...