Marion Mushkat

Marion Mushkat or Marian Muszkat (November 5, 1909 – September 30, 1995), was a Polish lawyer, colonel in the Polish Army formed in the Soviet Union, and military judge in Stalinist Poland specialising in international public law, military law and international affairs. He immigrated to Israel at the end of Stalinist period in postwar Poland, where he became a professor at Tel Aviv University. He died in Haifa.

Biography

Early life

Marian Muszkat was born in Suwałki ( Poland under partitions), where he completed primary and then secondary school. In 1927 he began studies at the University of Warsaw. In Warsaw Muszkat studied law, and simultaneously worked as a clerk in factories and as a school teacher. As a student he belonged to socialist academic organizations. Muszkat was a distinctive student, thereby he soon travelled to France to continue his studies at the University of Nancy. During his stay in Nancy, Muszkat penned some new ideas about public international law, peremptory norm and international problems concerning the Third World countries. In 1931 Muszkat obtained a degree of Master of Law, and in 1936 at the same university he received a degree of Doctor of Law.

During World War II

During World War II, Muszkat relocated to Vilnius first, where worked in Prawda Wileńska, and lectured at the Vilnius University. In June 1941 he evacuated to the Soviet Union. In 1941–1943 he was a clerk in a kolkhoz and a teacher in the Gzy–Orda Pedagogic Institute. In May 1943 Muszkat joined the People's Army of Poland (Ludowe Wojsko Polskie). Having completed officers course, he served as lieutenant in the Polish 1st Tadeusz Kościuszko Infantry Division. In October 1943 he became a military judge of the Martial Court at Polish First Army. In 1945 he was promoted to a judge of Supreme Court Martial. In the Court, Muszkat was a vice-chairman and chief of the War Crimes Commission. After his return to Poland with the Soviet westward offensive in 1945, he became a member of Polish Workers' Party (PPR). On 5 December 1946 Muszkat was demobilized from the army as a colonel.

The Polish People's Republic

After the war he began his work in the Stalinist Ministry of Justice as deputy in the Polish Highest Military Court (''Najwyższy Sąd Wojskowy'', NSW), investigating German war crimes. Muszkat was a specialist in the field of international public law, therefore the Ministry of Justice dispatched him to Nuremberg, as chairperson of the Polish delegation. At the Nuremberg Trials Mushkat directed the Polish delegation which also included Prof Tadeusz Cyprian and prosecutors: Prof Jerzy Sawicki and Dr Stanisław Piotrowski. They prepared the “Polish indictment” containing the list of proven Nazi war crimes committed in Polish territory.

Having returned to Poland he began scientific and didactic activity. At the University of Warsaw he lectured on military law and international public law in the Department of International Public and Private Law, directed by prof Cezary Berezowski. He also lectured at the Central Law School, General Headquarters Academy and Polish International Affairs Institute (from 1950-1951 as its director). In 1950, for his dissertation in the Stalinist ''International criminal law, new domain development'', he was awarded a professorship. He was co-founder and editor ''Law and Life magazine''.

Muszkat wrote from the pro-Soviet point of view. He propagated communist ideals, especially those of his mentor Andriej Wyszynski. Amongst Polish scientists, Muszkat has some opponents. For instance prof. Stefan Korboński wrote later that "Muszkat's views transformed the courts into a political institution, with prosecutors as masters of life and death of absolutely everyone (...) and barristers, as communist police helpers."

Israel

In 1957, following the anti-Stalinist Polish October revolution Muszkat left Poland, and settled in Israel. At Tel Aviv University, he lectured on international public law and international affairs. In 1961, Yad Vashem Institute designated him as co-ordinator and adviser to the Adolf Eichmann