Henry Schwarzschild (November 2, 1925 – June 1, 1996) was an activist for civil rights and human rights. He joined the Civil Rights Movement and became involved in the fight against capital punishment. He founded the National Coalition to Abolish the Death Penalty (NCADP), served as the executive director of the Lawyer's Constitutional Defense Committee from 1964 to 1970, [1] and headed the American Civil Liberties Union's Capital Punishment Project from 1974 [2] to 1990. [3]
Schwarzschild was born in Wiesbaden, Germany. At 13, he moved to New York City in 1939 [1] with his parents, right before World War II. After serving in the army in the war as a member of the Counterintelligence Corps from 1944 to 1946, he went to the City College of New York, where he received a bachelor's degree and then did graduate work in political theory at Columbia University [1] After serving in the army, it is said that he had the "appearance of a durable veteran from ancient wars, penetrating eyes intolerant of bombast and passivity, facial lines that mobilize easily to express by turns infectious good humor, remembered pain, resignation, impatience." [4]
He married Kathleen Jett, and the couple had two daughters, Miriam and Hannah. In the 1950s, he worked as an executive of the International Rescue Committee, the American Committee for Cultural Freedom, and the Anti-Defamation League of B'nai B'rith. [1]
In 1960, he and his wife were in Lexington, Kentucky, and he overheard people talking about a sit-in at a lunch counter on the campus of Berea College. He decided to join in the sit-in and ended up being the only white person involved. It was the beginning of his fight for civil rights. [4] Soon after he began his fight for black civil rights, he was arrested on June 21, 1961, in Jackson, Mississippi for his participation in the Freedom Rides. [5] Once he was released, Martin Luther King Jr. wrote on his imprisonment forms, "your courageous willingness to go to jail for freedom has brought us closer to our nation's bright tomorrow." [1] From that point on, he and King attended many events together, with both of them speaking and making movements towards civil rights. In 1961, Schwarzschild embarked on his own speaking tour across America to try to recruit people to their cause. [4] He went on to make many public statements on civil liberties, capital punishment, racial justice, and many other issues. [1]
In June 1964, he joined the Lawyers Constitutional Defense Committee as executive director following its formation the previous month. [6] [7] In the first year, he convinced 300 lawyers to take their vacation time and go down to the South to help with the cause of black civil rights. [4]
In 1972, he was appointed to head up the ACLU's Capital Punishment Project. [1] From 1972 to 1990, he worked as the leader of this project and fought to get legislation passed to help with the opposition to the death penalty. [4] For the first five years, he ran the project completely on his own. [8] Afterward, it finally began to get both funding and more volunteers into the program. He also worked to create the National Coalition for Universal and Unconditional Amnesty to pressure Gerald Ford to pardon those who had left the United States to avoid conscription. [8]
In 1976, while he was still working with the Capital Punishment Project, he led the creation of the National Coalition to Abolish the Death Penalty (NCADP) in response to the Supreme Court decision Gregg v. Georgia , which permitted executions to resume in the United States. Schwarzschild organized it in New York and then transferred its headquarters to Washington, D.C., where he could do more with the legislation process. The NCADP consists of several dozen state and national affiliates, including Mainline Protestant groups and others. [9] They created public policy campaigns and served as a resource for activists working to create change on a state by state basis.
Following the summer siege of Beirut in the 1982 Lebanon War by Israel, he wrote a public letter of resignation from the editorial advisory board of the journal Sh'ma:
I will not avoid an unambiguous response to the Israeli army's turning West Beirut into another Warsaw Ghetto. I now conclude and avow that the price of a Jewish state is, to me, Jewishly unacceptable and that the existence of this (or any similar) Jewish ethnic religious nation state is a Jewish, i.e. a human and moral, disaster and violates every remaining value for which Judaism and Jews might exist in history. The lethal military triumphalism and corrosive racism that inheres in the State and in its supporters (both there and here) are profoundly abhorrent to me. So is the message that now goes forth to the nations of the world that the Jewish people claim the right to impose a holocaust on others in order to preserve the State. I now renounce the State of Israel, disavow any political connection or emotional obligation to it, and declare myself its enemy.
In 2003, the letter was included in Wrestling with Zion: Progressive Jewish-American Responses to the Israeli-Palestinian Conflict, edited by Tony Kushner and Alisa Solomon. [10]
In 1988, Schwarzschild testified before the Congressional Black Caucus as a member of the executive board of the Jewish Committee on the Middle East, saying, in part:
I and an increasing number of other American Jews are appalled at the spectacle of the State of Israel, which thinks of itself today as the contemporary incarnation of the Jewish people, having made another people into a dispersed nation; denying them national identity and self-determination; depriving them of their lands and water; suppressing their national, social, and cultural institutions; beating their children; killing unarmed civilians; exiling their leaders; imprisoning their spokespeople; destroying their homes; opening and closing the Occupied Territories as though they were the Jewish ghettos of the European Middle Ages ...
In these and other statements, Schwarzschild characterized the treatment of the Palestinian people by the State of Israel as inconsistent with, and at times directly in opposition to, Jewish tradition and values.
In 2003, an Orthodox Jewish American newspaper, The Jewish Press , created an annual "Henry Schwarzschild Award" for "a person in the public spotlight who, by his or her statements, displays contempt for the Jewish people, disregard for historical truth, a desire to sup at the table of Israel's enemies, or who otherwise plays into the hands of the enemies of Jews and Israel." [11]
He stated that he "could not live in a period of major moral, social events and be a bystander." [4] After retiring from the ACLU in 1990, he continued to work on Middle Eastern issues, [4] and he remained the head of the New York office of the National Coalition to Abolish the Death Penalty. [1]
Schwarzschild was opposed to the death penalty all of his life and stated that "he is an advocate not for murderers but against the death penalty" in Word and the Law. He believed they still deserved to suffer[ clarification needed ] but not by death. He fought, with little success, for the support of national political figures.
Shortly before his death, he denounced the use of lethal injection in executions (NYSDA Defender News).
On June 1, 1996, Schwarzschild died of cancer at White Plains Hospital in White Plains, New York. He was 70 years old. [1]
In 2000, Berea College added the special "Lincoln Center of Henry Schwarzschild" collection to its holdings. It included "printed works, government publications, and other contemporary pieces" donated by his wife, Kathleen, an alumnus of Berea. [12] The annual Henry Schwarzschild Memorial Lecture began in 1999, [13] sponsored by the NYCLU and the Hogarth Center for Social Action at Manhattan College. The lecturers focus on critical issues of "human rights and human dignity." [13]
Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.
Hanging is killing a person by suspending them from the neck with a noose or ligature. Hanging has been a standard method of capital punishment since the Middle Ages, and has been the primary execution method in numerous countries and regions. The first known account of execution by hanging is in Homer's Odyssey. Hanging is also a method of suicide.
In the United States, capital punishment is a legal penalty in 27 states, throughout the country at the federal level, and in American Samoa. It is also a legal penalty for some military offenses. Capital punishment has been abolished in the other 23 states and in the federal capital, Washington, D.C. It is usually applied for only the most serious crimes, such as aggravated murder. Although it is a legal penalty in 27 states, 20 of them have authority to execute death sentences, with the other 7, as well as the federal government and military, subject to moratoriums.
Capital punishment in traditional Jewish law has been defined in Codes of Jewish law dating back to medieval times, based on a system of oral laws contained in the Babylonian and Jerusalem Talmud, the primary source being the Hebrew Bible. In traditional Jewish law there are four types of capital punishment: a) stoning, b) burning by ingesting molten lead, c) strangling, and d) beheading, each being the punishment for specific offenses. Except in special cases where a king can issue the death penalty, capital punishment in Jewish law cannot be decreed upon a person unless there were a minimum of twenty-three judges (Sanhedrin) adjudicating in that person's trial who, by a majority vote, gave the death sentence, and where there had been at least two competent witnesses who testified before the court that they had seen the litigant commit the offense. Even so, capital punishment does not begin in Jewish law until the court adjudicating in this case had issued the death sentence from a specific place on the Temple Mount in the city of Jerusalem.
The American-Arab Anti-Discrimination Committee (ADC) states that it is "the largest Arab American grassroots civil rights organization in the United States." According to its webpage, it is open to people of all backgrounds, faiths and ethnicities and has a national network of chapters and members in all 50 states. It claims that three million Americans trace their roots to an Arab country.
The National Coalition to Abolish the Death Penalty (NCADP) is an organization dedicated to the abolition of the death penalty in the United States. Founded in 1976 by Henry Schwarzschild, the NCADP is the only fully staffed nationwide organization in the United States dedicated to the total abolition of the death penalty. It also provides extensive information regarding imminent and past executions, death penalty defendants, numbers of people executed in the U.S., as well as a detailed breakdown of the current death row population, and a list of which U.S. state and federal jurisdictions use the death penalty.
The major world religions have taken varied positions on the morality of capital punishment and, as such, they have historically impacted the way in which governments handle such punishment practices. Although the viewpoints of some religions have changed over time, their influence on capital punishment generally depends on the existence of a religious moral code and how closely religion influences the government. Religious moral codes are often based on a body of teachings, such as the Old Testament or the Qur'an.
Charles Lund Black Jr. was an American scholar of constitutional law, which he taught as professor of law from 1947 to 1999. He is best known for his role in the historic Brown v. Board of Education Supreme Court case, as well as for his Impeachment: A Handbook, which served for many Americans as a trustworthy analysis of the law of impeachment during the Watergate scandal.
Capital punishment is a legal penalty in Israel. Capital punishment has only been imposed twice in the history of the state and is only to be handed out for treason, genocide, crimes against humanity, and crimes against the Jewish people during wartime. Israel is one of seven countries to have abolished capital punishment for "ordinary crimes only."
The New York Civil Liberties Union (NYCLU) is a civil rights organization in the United States. Founded in November 1951 as the New York affiliate of the American Civil Liberties Union, it is a not-for-profit, nonpartisan organization with nearly 50,000 members across New York State.
Stephen B. Bright is an American lawyer known for representing people facing the death penalty, advocating for the right to counsel for poor people accused of crimes, and challenging inhumane practices and conditions in prisons and jails. He has taught at Yale Law School since 1993 and has been teaching at the Georgetown Law Center since 2017. In 2016, he ended almost 35 years at the Southern Center for Human Rights in Atlanta, first as director from 1982 to 2005, and then as president and senior counsel from 2006 to 2016.
The Canadian Coalition Against the Death Penalty (CCADP) is a not-for-profit organization which was co-founded by Tracy Lamourie and Dave Parkinson of the Greater Toronto Area. The couple formed the CCADP to speak out against the use of capital punishment around the world, to educate and encourage fellow Canadians to resist the occasional calls for a renewal of the death penalty within their own country, and to urge the Canadian government to ensure fair trials and appeals, as well as adequate legal representation, for Canadians convicted of crimes abroad. The CCADP website also quickly evolved into a space where death row inmates and their supporters could post their stories and seek contact with the outside world.
Palestinian land laws dictate how Palestinians are to handle their ownership of land under the Palestinian National Authority—currently only in the West Bank. Most notably, these laws prohibit Palestinians from selling any Palestinian-owned lands to "any man or judicial body corporation of Israeli citizenship, living in Israel or acting on its behalf". These land laws were originally enacted during the Jordanian occupation of the West Bank, which began after Jordan's partial victory during the 1948 Arab–Israeli War and ended after the sweeping defeat of the Arab coalition to the Israeli military during the 1967 Arab–Israeli War, following which the territory was occupied by Israel. Land sales by Palestinians to Israelis are considered treasonous by the former to the Palestinian national cause because they threaten the aspiration for an independent Palestinian state. The prohibition on land-selling to Israelis in these laws is also stated as enforced in order to "halt the spread of moral, political and security corruption". Consequently, Palestinians who sell land to Israelis can be sentenced to death under Palestinian governance, although death penalties are seldom carried out; capital punishment has to be approved by the President of the Palestinian National Authority.
William Anthony Schabas, OC is a Canadian academic specialising in international criminal and human rights law. He is professor of international law at Middlesex University in the United Kingdom, professor of international human law and human rights at Leiden University in the Netherlands, and an internationally respected expert on human rights law, genocide and the death penalty.
The debate over capital punishment in the United States existed as early as the colonial period. As of April 2022, it remains a legal penalty within 28 states, the federal government, and military criminal justice systems. The states of Colorado, Delaware, Illinois, Maryland, New Hampshire, Virginia, and Washington abolished the death penalty within the last decade alone.
Capital punishment is legal in most countries of the Middle East. Much of the motivation for the retention of the death penalty has been religious in nature, as the Qur'an allows or mandates executions for various offences.
The Palestinian Centre for Human Rights is a Palestinian human rights organization based in Gaza City. It was founded in 1995 by Raji Sourani, who is its director. It was established by a group of Palestinian lawyers and human rights activists and receives funding from governmental, non-governmental, and religious sources.
Capital punishment in Sudan is legal under Article 27 of the Sudanese Criminal Act 1991. The Act is based on Sharia law which prescribes both the death penalty and corporal punishment, such as amputation. Sudan has moderate execution rates, ranking 8th overall in 2014 when compared to other countries that still continue the practice, after at least 29 executions were reported.
Capital punishment is a legal penalty in Uganda. The death penalty was likely last carried out in 1999, although some sources say the last execution in Uganda took place in 2005. Regardless, Uganda is interchangeably considered a retentionist state with regard to capital punishment, due to absence of "an established practice or policy against carrying out executions," as well as a de facto abolitionist state due to the lack of any executions for over one decade.
Ethiopia retains capital punishment while not ratified the Second Optional Protocol (ICCR) of UN General Assembly resolution. Historically, capital punishments was codified under Fetha Negest in order to fulfill societal desire. Death penalty can be applied through approval of the President, but executions are rare.