Rethinking Holocaust Justice

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.

The second edition of this book frames the Holocaust as a catastrophe emerging from varied international responses to the Jewish question during an age of global crisis and war. The chapters are arranged chronologically, thematically, and geographically, reflecting how persecution, responses, and experience varied over time and place, conveying a sense of the Holocaust's complexity. Fully updated, this edition incorporates the past decade's scholarship concerning perpetrators, victims, and bystanders from political, national, and gendered perspectives. It also frames the Holocaust within the broader genocide perspective and within current debates on memory politics and causation. Global in approach and supported by images, maps, diverse voices, and suggestions for further reading, this is the ideal textbook for students of this catastrophic period in world history.

In the postwar years, the British authorities, for both political and economic reasons, granted entry to tens of thousands of DPs, former residents of the Baltic States, the Ukraine, and Belorussia. Many of them were former SS-men, including outright war criminals, guilty of the massacre of thousands of people. In the 1950s-70s Britain refused their extradition to the USSR. In 1986 the All-Party Parliamentary War Crimes Group was formed; it established that many war criminals were residing in Britain. Its campaign for modifying British legislation in order to enable the prosectution of war criminals was dubbed by some opponents as a Jewish campaign whose purpose was vengeance and which could damage Christian-Jewish relations. Nevertheless, in 1989, the War Crimes Bill was introduced in Parliament, and in 1991 it became law.

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.

Using accessible archival sources, a team of historians reveal how much the USA, Britain, Switzerland and Sweden knew about the Nazi attempt to murder all the Jews of Europe during World War II.

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.

The way in which mainstream human rights discourse speaks of such evils as the Holocaust, slavery, or apartheid puts them solidly in the past. Its elaborate techniques of "transitional" justice encourage future generations to move forward by creating a false assumption of closure, enabling those who are guilty to elude responsibility. This approach to history, common to late-twentieth-century humanitarianism, doesn't presuppose that evil ends when justice begins. Rather, it assumes that a time before justice is the moment to put evil in the past. Merging examples from literature and history, Robert Meister confronts the problem of closure and the resolution of historical injustice. He boldly challenges the empty moral logic of "never again" or the theoretical reduction of evil to a cycle of violence and counterviolence, broken only once evil is remembered for what it was. Meister criticizes such methods for their deferral of justice and susceptibility to exploitation and elaborates the flawed moral logic of "never again" in relation to Auschwitz and its evolution into a twenty-first-century doctrine of the Responsibility to Protect.

Drawn from the best research on the subject over the last sixty years, this collection of texts consists of the most significant secondary literature on the Nazi persecution and mass murder of the Jews, set in a broad historical context.