Emil Stanisław Rappaport
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Emil Stanisław Rappaport (8 July 1877 – 10 August 1965) was a Polish
lawyer A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solic ...
of Jewish descent. He was a specialist in
criminal law Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
and a founder of the doctrine of
international criminal law International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetrati ...
. In 1930, he was awarded the
Order of Polonia Restituta The Order of Polonia Restituta ( pl, Order Odrodzenia Polski, en, Order of Restored Poland) is a Polish state decoration, state Order (decoration), order established 4 February 1921. It is conferred on both military and civilians as well as on al ...
Commander's Cross with Star, Poland's second highest civilian state award. He was the son of Feliks Rappaport and Justyna Bauerertz.


Education

From 1897-1901 he studied law at the Russian Imperial University of Warsaw. In 1910 he received a
Doctor of Law A Doctor of Law is a degree in law. The application of the term varies from country to country and includes degrees such as the Doctor of Juridical Science (J.S.D. or S.J.D), Juris Doctor (J.D.), Doctor of Philosophy (Ph.D.), and Legum Doctor (LL ...
degree at the
University of Neuchâtel The University of Neuchâtel (UniNE) is a French-speaking university based in Neuchâtel, Switzerland. The university has four faculties (schools) and more than a dozen institutes, including arts and human sciences, natural sciences, law and eco ...
in
Switzerland ). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
.


Academic career

Starting in 1919 he was a member of the Codification Committee, one of the founders of
International Association of Penal Law The International Association of Penal Law (AIDP) (french: L'Association Internationale de Droit Penal) was founded in Paris on March 14, 1924. It emerged from a reorganization of the International Union of Penal Law (UIDP), founded in Vienna in 18 ...
(L'Association Internationale de Droit Penal), serving as its vice-chairman between 1924 and 1939. He proposed that not only
aggressive war A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation. Wars without international legality (i.e. not out of self-defense nor sanc ...
, but also the
propaganda Propaganda is communication that is primarily used to influence or persuade an audience to further an agenda, which may not be objective and may be selectively presenting facts to encourage a particular synthesis or perception, or using loaded ...
for aggressive war should be considered an international crime. He was co-founder and member of the Senate at Free Polish University, and a professor of criminal policy. In the years 1920-1932, as an assistant professor, Rappaport taught criminal law at the
University of Lviv The University of Lviv ( uk, Львівський університет, Lvivskyi universytet; pl, Uniwersytet Lwowski; german: Universität Lemberg, briefly known as the ''Theresianum'' in the early 19th century), presently the Ivan Franko Na ...
. In 1948 he was appointed as
full professor Professor (commonly abbreviated as Prof.) is an academic rank at universities and other post-secondary education and research institutions in most countries. Literally, ''professor'' derives from Latin as a "person who professes". Professors ...
at the
University of Łódź The University of Łódź ( Polish: ''Uniwersytet Łódzki'', Latin: ''Universitas Lodziensis'') is a public research university founded in 1945 in Łódź, Poland, as a continuation of three higher education institutions functioning in Łódź i ...
.


Judicial career

From 1917 to 1919 he was an
appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...
judge in Warsaw, and from 1919 to 1951, he was a judge of the Supreme Court of the Republic of Poland.


War years

In the period of the
German occupation German-occupied Europe refers to the sovereign countries of Europe which were wholly or partly occupied and civil-occupied (including puppet governments) by the military forces and the government of Nazi Germany at various times between 1939 an ...
, he was arrested by the
Gestapo The (), abbreviated Gestapo (; ), was the official secret police of Nazi Germany and in German-occupied Europe. The force was created by Hermann Göring in 1933 by combining the various political police agencies of Prussia into one organi ...
and held prisoner for almost one year in
Pawiak Pawiak () was a prison built in 1835 in Warsaw, Congress Poland. During the January 1863 Uprising, it served as a transfer camp for Poles sentenced by Imperial Russia to deportation to Siberia. During the World War II German occupation ...
and Mokotow Prison; he was held under the charge of
miscarriage of justice A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal procedure, criminal or civil procedure, civil proceeding, such as the conviction and punishment of a person for a crime they actual innocence, did not commit. Mis ...
of citizens of German nationality.


After 1945

Under the pseudonym of Stanislaw Barycz, he wrote as a journalist for various magazines. His book, ''The Criminal Nation: Offenses of Nazism and the German nation'', consisted of extensive characterization of the ideology and social policy of Nazism, after which followed the proposals of the German nation's punishment for its crimes. He was aware that his ideas were radical and may raise doubts. He opted for a penalty consistent with the guilt of the accused. He pointed to the criminal nature of the German nation. He noted that, regardless of the personal activities of members of the criminal organization subject to punishment, democratic societies also punish perpetrators of offenses committed unintentionally, if not opposed to the consequences of their actions. Those who silently accept crime also partake. He consented to the absolute displacement of Germans from the area of the new Polish territories but he also proposed action to destroy German industry, making the transformation of the occupied country into a peaceful agrarian society. He reasoned that for this purpose the number of Germans should be reduced, by expelling them. It is significant that he recognized Austrians as innocent and even believed that a peaceful revival of German culture would come from their country. His views reflected the thinking of the time, popular with both average people and some intellectuals, greatly affected by memories of the war that just ended. He was an opponent of the
death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
and is quoted as saying: "Only those judges who execute personally should have the right to impose capital punishment". In June 1946, Rappaport was appointed as the member of the
Supreme National Tribunal The Supreme National Tribunal ( pl, Najwyższy Trybunał Narodowy TN}) was a war-crime tribunal active in communist-era Poland from 1946 to 1948. Its aims and purpose were defined by the State National Council in decrees of 22 January and 17 Oct ...
. He retired in 1960.


Publications

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References


External links


Biography (Polish)

PWN Polish Encyclopaedia article (Polish)
{{DEFAULTSORT:Rappaport, Emil 1877 births 1965 deaths 19th-century Polish Jews 20th-century Polish judges Lawyers from Warsaw Officers of the Order of Polonia Restituta