Auction 093 Kodesh books, Rabanic manuscripts, Zionism, Erez Israel. Judaica, archaeology and Jewish art
Apr 5, 2016
Israel
 3 Shatner Center 1st Floor Givat Shaul Jerusalem
The auction has ended

LOT 30:

Unique historical item: A draft of the verdict in the Kfar Kasem murder trial, 1958.

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Start price:
$ 1,200
Estimated price:
$1,500 - $2,000
Auction house commission: 20%
VAT: 17% On commission only
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Unique historical item: A draft of the verdict in the Kfar Kasem murder trial, 1958.
A first draft in the handwriting of the Judge Dr. Binyamin HaLevi of the verdict in the Kfar Kasem trial, 1958.
[4] pages. 16x22cm. Cramped handwriting with deletions of the Judge Dr. Binyamin HaLevi. At the beginning, the date 27.3.58 and the title " Psak Din" [Verdict].
The Kfar Kasem massacre was one of the stormy chapters in the history of the State of Israel. On October 29, 1956, on the first day of Operation Kadesh, soldiers of the Border Patrol carried out a massacre in Kfar Kasem, in which they shot to death 73 of the village's residents: men, women and children. Prime Minister Ben Gurion initially wanted to hide the episode and activated the military censor, but after public pressure, a trial began in January 1957, in which 11 commanders and soldiers who were involved in the massacre were tried in the Regional Military Court in Jerusalem. In the unprecedented verdict which was given by Dr. Binyamin Halevi, a preliminary legal definition was given to the term: "a completely illegal command" in which the soldier has to refuse to obey if given to him.
Judge HaLevi drafts general approaches to the questions which were discussed in the trial. At the top of the page he writes to himself that the verdict needs to be: "short which contains a lot, to the point, correct, fair, moral, brave and comprehensive". Among the questions mentioned in the draft is: "Was the command that N2 (the accused Lieutenant Gavriel Dahan) completely illegal." On the back of the paper is a drawn sketch of "filling in the slots which are under dispute."
Very fine condition.  

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