Holocaust Justice

"The unique features of the American system of justice - which allowed it to handle claims that originated over fifty years ago and in another part of the world - made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers. Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored."--BOOK JACKET.

Since the end of World War II, the ongoing efforts aimed at criminal prosecution, restitution, and other forms of justice in the wake of the Holocaust have constituted one of the most significant episodes in the history of human rights and international law. As such, they have attracted sustained attention from historians and legal scholars. This edited collection substantially enlarges the topical and disciplinary scope of this burgeoning field, exploring such varied subjects as literary analysis of Hannah Arendt’s work, the restitution case for Gustav Klimt’s Beethoven Frieze, and the ritualistic aspects of criminal trials.

In the fall of 1992, in a small room in Boston, MA, an extraordinary meeting took place. For the first time, the sons and daughters of Holocaust victims met face-to-face with the children of Nazis for a fascinating research project to discuss the intersections of their pasts and the painful legacies that history has imposed on them. Taking that remarkable gathering as its starting point, Justice Matters illustrates how the psychology of hatred and ethnic resentments is passed from generation to generation. Psychologist Mona Weissmark, herself the child of Holocaust survivors, argues that justice is profoundly shaped by emotional responses. In her in-depth study of the legacy encountered by these children, Weissmark found, not surprisingly, that in the face of unjust treatment, the natural response is resentment and deep anger-and, in most cases, an overwhelming need for revenge. Weissmark argues that, while legal systems offer a structured means for redressing injustice, they have rarely addressed the emotional pain, which, left unresolved, is then passed along to the next generation-leading to entrenched ethnic tension and group conflict. In the grim litany of twentieth-century genocides, few events cut a broader and more lasting swath through humanity than the Holocaust. How then would the offspring of Nazis and survivors react to the idea of reestablishing a relationship? Could they talk to each other without open hostility? Could they even attempt to imagine the experiences and outlook of the other? Would they be willing to abandon their self-definition as aggrieved victims as a means of moving forward? Central to the perspectives of each group, Weissmark found, were stories, searing anecdotes passed from parent to grandchild, from aunt to nephew, which personalized with singular intensity the experience. She describes how these stories or "legacies" transmit moral values, beliefs and emotions and thus freeze the past into place. For instance, cdxfmerged that most children of Nazis reported their parents told them stories about the war whereas children of survivors reported their parents told them stories about the Holocaust. The daughter of a survivor said: "I didn't even know there was a war until I was a teenager. I didn't even know fifty million people were killed during the war I thought just six million Jews were killed." While the daughter of a Nazi officer recalled: "I didn't know about the concentration-camps until I was in my teens. First I heard about the [Nazi] party. Then I heard stories about the war, about bombs falling or about not having food." At a time when the political arena is saturated with talk of justice tribunals, reparations, and revenge management, Justice Matters provides valuable insights into the aftermath of ethnic and religious conflicts around the world, from Rwanda to the Balkans, from Northern Ireland to the Middle East. The stories recounted here, and the lessons they offer, have universal applications for any divided society determined not to let the ghosts of the past determine the future.

A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."

The first book to tell the complete story of the American attempt at restitution for victims of the Holocaust The Holocaust was not only the greatest murder in history; it was also the greatest theft. Historians estimate that the Nazis stole roughly $230 billion to $320 billion in assets (figured in today’s dollars), from the Jews of Europe. Since the revelations concerning the wartime activities of the Swiss banks first broke in the late 1990s, an ever-widening circle of complicity and wrongdoing against Jews and other victims has emerged in the course of lawsuits waged by American lawyers. These suits involved German corporations, French and Austrian banks, European insurance companies, and double thefts of art—first by the Nazis, and then by museums and private collectors refusing to give them up. All of these injustices have come to light thanks to the American legal system. Holocaust Justice is the first book to tell the complete story of the legal campaign, conducted mainly on American soil, to address these injustices. Michael Bazyler, a legal scholar specializing in human rights and international law, takes an in-depth look at the series of lawsuits that gave rise to a coherent campaign to right historical wrongs. Diplomacy, individual pleas for justice by Holocaust survivors and various Jewish organizations for the last fifty years, and even suits in foreign courts, had not worked. It was only with the intervention of the American courts that elderly Holocaust survivors and millions of other wartime victims throughout the world were awarded compensation, and equally important, acknowledgment of the crimes committed against them. The unique features of the American system of justice—which allowed it to handle claims that originated over fifty years ago and in another part of the world—made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers, Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored. For the first time in history, European and even American corporations are now being forced to pay restitution for war crimes totaling billions of dollars to Holocaust survivors and other victims. Bazyler deftly tells the unfolding stories: the Swiss banks’ attempt to hide dormant bank accounts belonging to Holocaust survivors or heirs of those who perished in the war; German private companies that used slave laborers during World War II—including American subsidiaries in Germany; Italian, Swiss and German insurance companies that refused to pay on prewar policies; and the legal wrangle going on today in American courts over art looted by the Nazis in wartime Europe. He describes both the human and legal dramas involved in the struggle for restitution, bringing the often-forgotten voices of Holocaust survivors to the forefront. He also addresses the controversial legal and moral issues over Holocaust restitution and the ethical debates over the distribution of funds. With an eye to the future, Bazyler discusses the enduring legacy of Holocaust restitution litigation, which is already being used as a model for obtaining justice for historical wrongs on both the domestic and international stage.

A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."

A single word - "Auschwitz" - is sometimes used to encapsulate the totality of persecution and suffering involved in what we call the Holocaust. Yet focusing on a single concentration camp, however horrific the scale of crimes committed there, leaves an incomplete story, truncates a complexhistory and obscures the continuing legacies of Nazi crimes.Mary Fulbrook's encompassing book explores the lives of individuals across a full spectrum of suffering and guilt, each one capturing one small part of the greater story. Using "reckoning" in the widest possible sense to evoke how the consequences of violence have expanded almost infinitely throughtime, from early brutality through programs to euthanize the sick and infirm in the 1930s to the full functioning of the death camps in the early 1940s, and across the post-war decades of selective confrontation with perpetrators and ever-expanding commemoration of victims, Fulbrook exposes thedisjuncture between official myths about "dealing with the past" and the extent to which the vast majority of Nazi perpetrators evaded responsibility. In the successor states to the Third Reich - East Germany, West Germany, and Austria - prosecution varied widely. Communist East Germany pursued Nazicriminals and handed down severe sentences; West Germany, caught between facing up to the past and seeking to draw a line under it, tended toward selective justice and reintegration of former Nazis; and Austria made nearly no reckoning at all until the mid-1980s, when news broke about Austrianpresidential candidate Kurt Waldheim's past. The continuing battle with the legacies of Nazism in the private sphere was often at odds with public remembrance and memorials.Following the various phases of trials and testimonies, from those immediately after the war to those that stretched into the decades following, Reckonings illuminates shifting public attitudes toward both perpetrators and survivors, and recalibrates anew the scales of justice.

The Nuremberg War Crimes Trial has become a symbol of justice, the pivotal moment when the civilized world stood up for Europe’s Jews and, ultimately, for human rights. Yet the world, represented at the time by the Allied powers, almost did not stand up despite the magnitude of the horrors perpetrated by the Nazis. Seeking justice for the Holocaust had not been an automatic—or an obvious—mission for the Allies to pursue. In this book, Graham Cox recounts the remarkable negotiations and calculations that brought the United States and its allies to this point. At the center of this story is the collaboration between Franklin D. Roosevelt and Herbert C. Pell, Roosevelt’s appointee as U.S. representative to the United Nations War Crimes Commission, in creating an international legal protocol to prosecute Nazi officials for war crimes and genocide. Pell emerges here as an unheralded force in pursuing justice and in framing human rights as an international concern. The book also enlarges our perspective on Roosevelt’s policies regarding European Jews by revealing the depth of his commitment to postwar justice in the face of staunch opposition, even from some within his administration. What made the international effort especially contentious was a debate over its focus—how to punish for aggressive warfare and crimes against humanity. Cox exposes the internal contradictions and contortions behind the U.S. position and the maneuverings of numerous officials negotiating the legal parameters of the trials. Most telling perhaps were the efforts of Robert H. Jackson, the chief U.S. prosecutor at Nuremberg, to circumscribe the scope of new international law—for fear of setting precedents that might boomerang on the United States because of its own racial segregation practices. With its broad new examination of the background and context of the Nuremberg trials, and its expanded view of the roles played by Roosevelt and his unlikely deputy Pell, Seeking Justice for the Holocaust offers a deeper and more nuanced understanding of how the Allies came to hold Nazis accountable for their crimes against humanity.