Holocaust Restitution

"Bazyler and Alford have produced an essential tool for understanding the righteous struggle to win restitution for Holocaust victims and their heirs." --Richard Z. Chesnoff, author of Pack of Thieves: How Hitler & Europe Plundered the Jews & Committed The Greatest Theft In History"This excellent volume makes a significant contribution both to legal studies and to the history of the Holocaust. The editors deserve special praise for including chapters by Holocaust survivors, assuring that their often-forgotten voices are not lost within the great debate about Holocaust restitution."--Marilyn J. Harran, Stern Chair in Holocaust History, Chapman University"An invaluable text for students and scholars as well as a fascinating read for all those concerned with Holocaust and genocide issues in all disciplines and on behalf of all victims."--Israel W. Charny, President, International Association of Genocide Scholars "This unique collection is important in bringing together the perspectives of legal practitioners, activists, archivists and historians, negotiators, and survivors. It is remarkably comprehensive. . . . The editors have not shied away from controversy."--David Cesarani, Research Professor in History, Royal Holloway, University of London"If there is a 'final frontier' in understanding the Holocaust, it is the assessment of international litigation, compensation, and reparations claims. This extraordinary group of contributions thoughtfully reflects on the Holocaust, past and present, as well as what many would call 'imperfect justice.'"--Stephen Feinstein, Professor of History and Director, Center for Holocaust and Genocide Studies, University of Minnesota"This collection of essayson Holocaust restitution litigation provides a wonderful overview

Based on the true story of a Jewish family's fight to regain a symbol of their lost life, Restitution begins in Prague on the eve of the Nazi invasion. The Reesers know that they must flee Czechoslovakia, but first they deliver their valuable oil paintings into the hands of a Christian colleague for safekeeping. Led by their intrepid matriarch, Mari Reeser, the family make their escape under the nose of the Nazis, arriving in Canada just days before WWII begins. Despite a successful new life in Toronto, the Reesers never forgot what was left behind. When peace returned to Europe, Mari fought for the return of the paintings, only to be thwarted by the Communist regime. Hope sparked again in 1989 when Mari's son, Karl Reeser, received a letter saying the paintings were his if he could retrieve them. Finding all legal means closed to him, he traveled to Prague to make one last try. Here, fate intervened with an unlikely savior named Richard VandenBosch, an official at the Canadian Embassy. Together, he and Karl manage to retrieve the paintings and secrete them in the embassy. The final hurdle -- how to get the paintings to Canada? -- is solved by a resourceful art dealer and smuggler named Theofil Kral, whose honest desire to help the Reeser family restore a symbol of their vanished life sees the four paintings returned to them at last.

The robbery and restitution of Jewish property are two inextricably linked social processes. It is not possible to understand the lawsuits and international agreements on the restoration of Jewish property of the late 1990s without examining what was robbed and by whom. In this volume distinguished historians first outline the mechanisms and scope of the European-wide program of plunder and then assess the effectiveness and historical implications of post-war restitution efforts. Everywhere the solution of legal and material problems was intertwined with changing national myths about the war and conflicting interpretations of justice. Even those countries that pursued extensive restitution programs using rigorous legal means were unable to compensate or fully comprehend the scale of Jewish loss. Especially in Eastern Europe, it was not until the collapse of communism that the concept of restoring some Jewish property rights even became a viable option. Integrating the abundance of new research on the material effects of the Holocaust and its aftermath, this comparative perspective examines the developments in Germany, Poland, Italy, France, Belgium, Hungary and the Czech Republic.

Can there ever be justice for the Holocaust? During the 1990s—triggered by lawsuits in the United States against Swiss banks, German corporations, insurance companies, and owners of valuable works of art—claimants and their lawyers sought to rectify terrible wrongs committed more than a half century earlier. Some Measure of Justice explores this most recent wave of justice-seeking for the Holocaust: what it has been, why it emerged when it did, how it fits with earlier reparation to the Jewish people, its significance for the historical representation of the Holocaust, and its implications for justice-seeking in our time. Writings on the subject of Holocaust reparations have largely come from participants, lawyers, philosophers, journalists, and social scientists specializing in restitution. In Some Measure of Justice Michael Marrus takes up the issue as a historian deeply involved with legal issues. He engages with larger questions about historical understanding and historical interpretation as they enter the legal arena. Ultimately this book asks, What constitutes justice for a great historic wrong? And, Is such justice possible? Winner, Helen and Stan Vine Canadian Jewish Book Award for Holocaust Literature

"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.

The Nazis and their state-sponsored cohorts stole mercilessly from the Jews of Europe. In the aftermath of the Holocaust, returning survivors had to navigate a frequently unclear path to recover their property from governments and neighbors who had failed to protect them and who often had been complicit in their persecution. While the return of Nazi-looted art has garnered the most media attention, and there have been well-publicized settlements involving stolen Swiss bank deposits and unpaid insurance policies, there is a larger piece of Holocaust injustice that has not been adequately dealt with: stolen land and buildings, much of which today still remain unrestituted. This book is about the less publicized area of post-Holocaust restitution involving immovable (real) property confiscated from European Jews and others during World War II. In 2009, 47 countries convened in Prague to deal with the lingering problem of restitution of pre-war private, communal and heirless property stolen in the Holocaust. The outcome was the issuance by 47 states of the Terezin Declaration on Holocaust Era Assets and Related Issues, which aimed, among other things, to "rectify the consequences" of the wrongful property seizures. This book sets forth the legal history of Holocaust immovable property restitution in each of the Terezin Declaration signatory states. It also analyses how each of the 47 countries has fulfilled the standards of the Guidelines and Best Practices of the Terezin Declaration, issued in 2010 in conjunction with the establishment of the European Shoah Legacy Institute (ESLI) to monitor compliance. The book is based on the Holocaust (Shoah) Immovable Property Restitution Study commissioned by ESLI, written by the authors and issued in Brussels in 2017 before the European Parliament.

In a landmark process that transformed global reparations after the Holocaust, Germany created the largest sustained redress program in history, amounting to more than $60 billion. When human rights violations are presented primarily in material terms, acknowledging an indemnity claim becomes one way for a victim to be recognized. At the same time, indemnifications provoke a number of difficult questions about how suffering and loss can be measured: How much is an individual life worth? How much or what kind of violence merits compensation? What is "financial pain," and what does it mean to monetize "concentration camp survivor syndrome"? Susan Slyomovics explores this and other compensation programs, both those past and those that might exist in the future, through the lens of anthropological and human rights discourse. How to account for variation in German reparations and French restitution directed solely at Algerian Jewry for Vichy-era losses? Do crimes of colonialism merit reparations? How might reparations models apply to the modern-day conflict in Israel and Palestine? The author points to the examples of her grandmother and mother, Czechoslovakian Jews who survived the Auschwitz, Plaszow, and Markkleeberg camps together but disagreed about applying for the post-World War II Wiedergutmachung ("to make good again") reparation programs. Slyomovics maintains that we can use the legacies of German reparations to reconsider approaches to reparations in the future, and the result is an investigation of practical implications, complicated by the difficult legal, ethnographic, and personal questions that reparations inevitably prompt.