Holocaust Justice

The Battle for Restitution in America's Courts

Author: Michael J. Bazyler

Publisher: NYU Press

ISBN: 081472938X

Category: History

Page: 411

View: 7488

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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.
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Holocaust, Genocide, and the Law

A Quest for Justice in a Post-Holocaust World

Author: Michael Bazyler

Publisher: Oxford University Press

ISBN: 0190664037

Category: Law

Page: 394

View: 9166

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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."
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The Dutch Intersection

The Jews and the Netherlands in Modern History

Author: Yosef Kaplan

Publisher: BRILL

ISBN: 9004149961

Category: History

Page: 520

View: 7941

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This collection of historical studies deals with the multiple connections between the history and culture of the Jews of the Netherlands from the beginning of the seventeenth century until the period after the Holocaust, and phenomena and processes that distinguish the history of the Jewish people in the modern period. The Jews of the Netherlands were not only nourished by the cultural creativity of the great Sephardi and Ashkenazi centers, East and West, but also at various stages they served as a source of inspiration for Jews elsewhere in the Jewish Diaspora. The articles of this volume examin the influence of general Jewish history on that of the Jews of the Netherlands and focus on events and processes that highlight the significance of of Dutch Jewry for modern Jewish culture.
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Corporations and Human Rights

An Analysis of ATCA Litigation Against Corporations

Author: Niels Beisinghoff

Publisher: Peter Lang

ISBN: 9783631584187

Category: Law

Page: 326

View: 9050

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Can human rights be enforced against corporations? This work analyses different enforcement mechanisms. It examines one of the most powerful instruments: the Alien Tort Claims Act (ATCA) litigation in the United States. The ATCA has been used as one of the chief weapons in a 21st-century battle over corporate responsibility in the age of globalization. For instance, the ATCA has been invoked to seek compensation from German companies in respect of forced labor during the Holocaust. Further examples include claims relating to genocide against a Canadian company, forced labor claims against a US company and numerous others. The ATCA litigation often refers to the -law of nations-, but do the US courts interpret this term consistently with other accepted interpretations of international law? The short answer to that question is 'no'. However, in the absence of enforceable international law mechanisms, this lacuna needs to be filled. Domestic litigation of matters that are inherently transnational in character, as occurs in ATCA human rights litigation, represents a viable mechanism to enforce human rights."
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Rethinking Historical Injustice and Reconciliation in Northeast Asia

The Korean Experience

Author: Gi-Wook Shin,Soon-Won Park,Associate Professor of History and International Affairs Daqing Yang,Daqing Yang

Publisher: Routledge

ISBN: 1135984786

Category: Political Science

Page: 288

View: 9235

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Despite witnessing phenomenal economic growth and the spread of democratization in recent decades, as well as impressive intra-regional exchanges and interactions in the economic and cultural spheres, the Northeast Asian region still experience wounds from past wrongs that were committed in times of colonialism, war and dictatorship. Overcoming these historical animosities has become one of the most pressing issues of the future for the region. Of all the countries in the Northeast Asia region coping with this historical injustice, the Republic of Korea stands out as both a victim and an aggressor. Being a nation that has addressed issues of both internal and external injustice, Korea becomes the focus of this volume. Using examples of injustice from the colonial and the Second World War period, the Korean civil War, the current stage of Korean transitional justice and broader regional and global perspectives, the book concludes with a section on forward-looking approaches for arriving at reconciliation in the Asian region. This is a significant book that will be of huge interest to anyone studying East Asian politics, history or society.
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The Routledge History of the Holocaust

Author: Jonathan C. Friedman

Publisher: Taylor & Francis

ISBN: 1136870601

Category: History

Page: 536

View: 4894

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The genocide of Jewish and non-Jewish civilians perpetrated by the German regime during World War Two continues to confront scholars with elusive questions even after nearly seventy years and hundreds of studies. This multi-contributory work is a landmark publication that sees experts renowned in their field addressing these questions in light of current research. A comprehensive introduction to the history of the Holocaust, this volume has 42 chapters which add important depth to the academic study of the Holocaust, both geographically and topically. The chapters address such diverse issues as: continuities in German and European history with respect to genocide prior to 1939 the eugenic roots of Nazi anti-Semitism the response of Europe's Jewish Communities to persecution and destruction the Final Solution as the German occupation instituted it across Europe rescue and rescuer motivations the problem of prosecuting war crimes gender and Holocaust experience the persecution of non-Jewish victims the Holocaust in postwar cultural venues. This important collection will be essential reading for all those interested in the history of the Holocaust.
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Gray Zones

Ambiguity and Compromise in the Holocaust and Its Aftermath

Author: Jonathan Petropoulos,John K. Roth

Publisher: Berghahn Books

ISBN: 9781845453022

Category: History

Page: 417

View: 8447

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Few essays about the Holocaust are better known or more important than Primo Levi's reflections on what he called "the gray zone," a reality in which moral ambiguity and compromise were pronounced. In this volume accomplished Holocaust scholars, among them Raul Hilberg, Gerhard L. Weinberg, Christopher Browning, Peter Hayes, and Lynn Rapaport, explore the terrain that Levi identified. Together they bring a necessary interdisciplinary focus to bear on timely and often controversial topics in cutting-edge Holocaust studies that range from historical analysis to popular culture. While each essay utilizes a particular methodology and argues for its own thesis, the volume as a whole advances the claim that the more we learn about the Holocaust, the more complex that event turns out to be. Only if ambiguities and compromises in the Holocaust and its aftermath are identified, explored, and at times allowed to remain--lest resolution deceive us--will our awareness of the Holocaust and its implications be as full as possible.
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After Evil

A Politics of Human Rights

Author: Robert Meister

Publisher: Columbia University Press

ISBN: 0231150377

Category: Philosophy

Page: 526

View: 6429

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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.
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Searching for Justice After the Holocaust

Fulfilling the Terezin Declaration and Immovable Property Restitution

Author: Michael J. Bazyler,Kathryn Lee Boyd,Kristen L. Nelson

Publisher: Oxford University Press, USA

ISBN: 0190923067

Category: History

Page: 568

View: 9361

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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.
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The Legacy of the Holocaust

Author: Jason Skog

Publisher: Capstone

ISBN: 0756543932

Category: Juvenile Nonfiction

Page: 64

View: 3277

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Uses photographs and eyewitness accounts to examine the lingering fallout from the Holocaust.
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