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Washington - Russia Tells Court U.S. Has No Authority in Chabad-Lubavitch Documents Suit |
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Washington - Russia told a U.S. court on Friday that judges have no authority to tell the country how to handle sacred Jewish documents held in its state library that were seized by the Nazi and Soviet armies.
The documents are at the center of a lawsuit brought by members of Chabad-Lubavitch, which follows the teachings of Eastern European rabbis and emphasizes the study of the Torah.
The group is suing Russia in U.S. court to recover thousands of manuscripts, prayers, lectures and philosophical discourses by leading rabbis dating back to the 18th century.
The case is being handled by the chief judge of the U.S. District Court in Washington, Royce Lamberth, who in January ordered Russia to preserve the documents over Chabad's fears they are not being properly cared for and could be sold on the black market.
But Russia said in its filing Friday that even though it respects the U.S. court, it would not participate in the litigation to protect its sovereignty. Russia said the United States should use diplomatic channels to address any concerns it has about the collection and that Chabad can pursue claims in Russian courts.
"This court has no authority to enter orders with respect to the property owned by the Russian Federation and in its possession, and the Russian Federation will not consider any such orders to be binding on it," said the Russian filing.
Lamberth agreed to take the case in U.S. court because he said both the Nazi seizure and the Russian government's appropriation of the collection, which Chabad says totals 12,000 books and 50,000 rare documents, violated international law.
The collection was formerly held by Rabbi Joseph Isaac Schneersohn, a leader of Chabad-Lubavitch who was born in Russia but forced by the Soviets to leave in 1927. He took the documents to Latvia and later Poland, but left them behind when the Nazis invaded and he fled to the U.S. The collection was seized and taken to Germany, then recovered by the Soviet Army in 1945.
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Read Comments (13) — Post Yours »
1
Jun 27, 2009 at 10:47 PM Elchonon Says:
Give us back our seforim!!! its not just chasidic seforim.. the rebbe had one of the greatest library's...also, they stole the rebbe rashab's library too... all in all we are talking about thousands of seforim that the jewish world does NOT have!
2
Jun 27, 2009 at 11:15 PM Anonymous Says:
I had wondered what 'rights' any US court had to tell any Russian what to do. No US courts have any jurisdition in other countried. I guess they felt the same way.. May be a good case, but presented in the wong court.
3
Jun 28, 2009 at 01:48 AM Anonymous Says:
to #2 there is something called international law
4
Jun 28, 2009 at 01:19 AM Elchonon Says:
#2,
The rebbe rayatz was a US citizen later in his life, as such the court has plenty ground.
5
Jun 28, 2009 at 08:14 AM cp Says:
“ to #2 there is something called international law ”
Yes, there is something called international law, but does the US court system have jurisdiction to adjudicate such matters? It's an important issue, but I think it belongs to our executive branch (i.e., the US ambassador to Russia, the US ambassador to the UN, the Secretary of State, and the President if necessary) to handle. And if they get nowhere, and there is an issue of international law, then I think it goes to the international judicial system.
6
Jun 28, 2009 at 09:53 AM Milhouse Says:
“ Yes, there is something called international law, but does the US court system have jurisdiction to adjudicate such matters? It's an important issue, but I think it belongs to our executive branch (i.e., the US ambassador to Russia, the US ambassador to the UN, the Secretary of State, and the President if necessary) to handle. And if they get nowhere, and there is an issue of international law, then I think it goes to the international judicial system. ”
What international judicial system?
7
Jun 28, 2009 at 09:52 AM Milhouse Says:
“ to #2 there is something called international law ”
No, there isn't. Not really. "International law" is a set of customs that nations usually find it in their interest to follow, but there's no reason they have to. And even if there were, what it got to do with the topic? How would international law give Judge Lamberth the right to tell Russia what to do? This case is a charade, from start to finish. Even the USA government routinely ignores Judge Lamberth's orders; how does he expect to enforce his will on Russia?
8
Jun 28, 2009 at 12:03 PM i agree with number 1 Says:
this library affects the jewish people as a whole who is missing out on important torah
9
Jun 28, 2009 at 03:15 PM Bennie Says:
The question is the legality of the Russian state's claim to the collection. The seizure of the Rebbe Rayatz's seforim inheirited from his father the Admur Rashab but the Bolsheviks was hardly legal, after all could any act of tyrany be considored legal. Especially, as the present Russian government has received the collection from the FSU.
Cabad's claim is akin to to claim on Bank accounts or art works looted by the Nazis YM'S. The origins of Ownership are not in question and the possessor's claim to ownership is murky at best, this should be no brainer.
However, a ruling against Russia would potentially opening the flood gates of claimants who lost property during the Soviet era which may account for the majority of Russia's cultural assets (art, crafts, silver/gold etc.)
10
Jun 28, 2009 at 04:05 PM Milhouse Says:
“ The question is the legality of the Russian state's claim to the collection. The seizure of the Rebbe Rayatz's seforim inheirited from his father the Admur Rashab but the Bolsheviks was hardly legal, after all could any act of tyrany be considored legal. Especially, as the present Russian government has received the collection from the FSU.
Cabad's claim is akin to to claim on Bank accounts or art works looted by the Nazis YM'S. The origins of Ownership are not in question and the possessor's claim to ownership is murky at best, this should be no brainer.
However, a ruling against Russia would potentially opening the flood gates of claimants who lost property during the Soviet era which may account for the majority of Russia's cultural assets (art, crafts, silver/gold etc.) ”
No, the question is who the hell Judge Lamberth thinks he is to tell Russia what to do. He can't even get the US government to respect his orders, and he really thinks Russia will?
11
Jun 28, 2009 at 04:00 PM Anonymous Says:
“ No, there isn't. Not really. "International law" is a set of customs that nations usually find it in their interest to follow, but there's no reason they have to. And even if there were, what it got to do with the topic? How would international law give Judge Lamberth the right to tell Russia what to do? This case is a charade, from start to finish. Even the USA government routinely ignores Judge Lamberth's orders; how does he expect to enforce his will on Russia? ”
The International Court of Justice, commonly referred to as the World Court or ICJ) is the primary judicial organ of the United Nations main functions are to settle legal disputes submitted, therefore if the USA thinks it would be beneficial to submit it to the court they could, but as usual, you don’t know what you are talking about
12
Jun 28, 2009 at 07:24 PM Milhouse Says:
“
The International Court of Justice, commonly referred to as the World Court or ICJ) is the primary judicial organ of the United Nations main functions are to settle legal disputes submitted, therefore if the USA thinks it would be beneficial to submit it to the court they could, but as usual, you don’t know what you are talking about
”
The ICJ has no authority. And it only handles disputes between sovereign entities who consent to its jurisdiction. Agudas Chasidei Chabad is not a member of the ICJ, and can't bring cases before it. The USA is not a party to this dispute, so it can't bring the case either. And if it were somehow brought Russia could just refuse to consent to jurisdiction.
Nor is there any reason to imagine that the ICJ would rule in Aguch's favor. It's not as if it cares about actual justice.
13
Jun 29, 2009 at 04:43 AM me Says:
Go to Belgium. If Belgium can pass a law giving it jurisdcition over war criminals (Israeli "war criminals" mind you, not Nazis, Sebians, or Hutus.) Despite the fact that neither the victim nor the offender were citizens at any time, or the fact that the alleged crime did not occur on Belgian soil. The Belgian are the ones. Go for it. If they tell you hey can't do it, you know what a "Belgian waffle" is.