Holocaust Justice: The Battle For Restitution In America's Courts

  Author:    Michael J. Bazyler, Michael Bazyler
  ISBN:    0814799043
  Sales Rank:    902478
  Published:    2005-04-30
  Publisher:    New York University Press
  # Pages:    410
  Binding:    Paperback
  Avg. Rating:    5.0 based on 2 reviews
  Used Offers:    3 from $20.00
  Amazon Price:    $22.00
  (Data above last updated:  2008-11-08 11:52:05 EST)
  
  
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Holocaust Justice: The Battle For Restitution In America's Courts
  

View the Table of Contents. Read the Preface.

?The author has a good command of the facts in all these cases and tell the story well.?
The Historian

"Bazyler has written an indispensable history of Holocaust restitution as litigated in US courts. . . . Essential."
CHOICE

?Any activist or scholar interested in any restitution movement should read this book.?
Journal of Genocide Research

"Bazyler rightly attacks the commission as an unmitigated disaster and . . . correctly describes the situation as a disgrace."
Financial Times Magazine

"Holocaust Justice tells the complete story of the legal campaign to win restitution for Hitler's victims and thus deserves a large reading audience. . . . The Book should remain the standard work on the subject for some time to come."
New Jersey Jewish News

"Bazyler . . . gives details of nationwide litigation in which courts rejected the legal basis for such claims. His book is enlightening and provocative."
Los Angeles Times

"Michael Bazyler has written an incisive and compelling history of the effort to use law to gain a measure of justice for victims of the Holocaust. Not only is the book an indispensable chronicle of the Holocaust litigation; it is a probing inquiry into the wisdom and morality of the effort."
—Burt Neuborne, John Norton Pomeroy Professor of Law, NYU Law School, Lead Settlement Counsel, in Holocaust Victim Assets Litigation

?By patiently walking us through the vast and complex labyrinth of litigation and legislation that focused on securing reparations and restitution, Bazyler shows us that the loss of property caused by the bureaucratic workings of banks, corporations, and insurance companies was even more difficult to prove in court than the loss of life caused by no less bureaucratic workings of the concentration camps.?
Washington Post

"In this lucid and compelling book, Bazyler documents the fight for restitution, its successes, and its failures."
Booklist

"...A definitive analytical study of how the American courts and system of justice were used to address the mass-scale theft initiated by the Holocaust."
Wisconsin Bookwatch

"Bazyler has produced a masterful study of the tragedy and triumphs of the Holocaust, and a look at the American legal system as its most effective and redemptive. The book is a "must read."
International Journal of Legal Information

?A masterly study of the search for justice against long odds. Its analysis is compelling, its importance immense. It is also a fascinating read.?
—Daniel Jonah Goldhagen, author of Hitler?s Willing Executioners and A Moral Reckoning

?An indispensable guide to the complex and controversial struggle for justice in the aftermath of the Holocaust, traversing the history of the battle for restitution in America?s courts. Bazyler?s understanding is authoritative and his learning deep. I thought I knew all the intricacies of the litigation, all the ins and outs of the controversy until I read this book and learned that there was so much more to know. He has done a masterful job of clarifying and elucidating. This work must be studied by anyone interested in the issue. It is a model of fairness.?
—Michael Berenbaum, Sigi Ziering Institute, The University of Judaism

?This book should be read by everyone interested in how some measure of justice was obtained for victims of the Holocaust and about how issues of historical injustice should be addressed by the international community.?
—Paul Hoffman, Chair, Amnesty International

?An incisive work of legal history and an invaluable guide to the litigation involving Holocaust-era assets. Bazyler offers an elegant and up-to-date study that will prove indispensable for those interested in restitution law, the Holocaust, and the issue of historical injustice."
—Jonathan Petropoulos former Research Director, Presidential Advisory Commission on Holocaust Assets in the United States.

?Michael Bazyler brings the passion of a child of Holocaust survivors and the tenacious investigative skills of a lawyer in addressing the complexities of Holocaust restitution. The result is courageous, provocative, and sobering.?
—Rabbi Abraham Cooper, Simon Wiesenthal Center

". . . is valuable as a play-by-play of litigation on the Swiss banks cases, slave labor, Nazi-looted art and Holocaust-era insurance policies."
Jewish Journal

"The restitution cases he cites in support of his thesis are thoroughly researched and Professor Bazyler's argument is provocative."
The Art Newspaper

"Bazyler writes intelligently and often bends over backward to give the other side fair representation. But there is no doubt where he stands."
Hadassah Magazine

"A book born of passion."—Simon Reich, University of Pittsburgh

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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11-29-06 5 (NA)
(Hide Review...)  The story of the effort to win compensation for the Theft of the Property of the Jews of Europe
Reviewer Permalink
This is a clear, comprehensive well- written account of a search for justice and compensation for those whose property and possesions were stolen during the Holocaust. The author Michael Bazyler, who is Professor of Law at Whittier Law School in California and international law litigator, rightly notes the outset that the property crimes of the Holocaust, secondary to the murder of eleven million human beings, including six million Jews, are nonetheless of great significace. Bazyler makes a strong case for the historical importance and rightness of the search for compensation for the property loss.
For over five decades major international business firms in Switzerland, Austria, and Germany had ignored and covered up their role in property- crimes. The major banks of Switzerland, United Bank of Switzerland, Credit Suisse , and the Swiss Bank Corporation had been heartlessly cruel to individuals by refusing to acknowledge their bank accounts.In the course of the investigations the banks were proven to have collaborated with the Nazis in purchase of gold some of which was taken from the bodies of victims. The Swiss Government had traded with and so supported the Nazi regime.
Bazyler tells the story of the search for compensation in the United States Courts. It turns out that Justice could be attained not in any European courts but only in American ones. The willingness of the U.S. court system to hear these claims, the ability of U.S. government officials ( U.S, Senator Alfonse D'Amato and New York State Comptroller Alan Hevesi played key roles ) enabled pressure to be applied to the Swiss government and firms. The tale of their shameful stonewalling, denial and attempt to escape from any honest dealing with the heirs of the bank account holders is a fascinating part of the story. The compensation deal which was finally made for 1.25 billion dollars actually meant that very small amounts of compensation went to individual holders of accounts. But the whole process did have the positive effect of exposing the degree of venality and criminality, beside sheer human heartlessness of the Swiss Banking Community and political establishment.
Bazyler then goes on to tell the even more heartbreaking story of the slave-laborers search for compensation from Germany. The German firms at first tried to deny and escape any responsibility. The slave-labor issue also extended to firms outside of Germany including even Ford and I.B.M. Again to make a long story short an agreement was reached which led to compensation being given to slave- laborers. Eighty percent of those who received compensation for having worked as slave- laborers were Slavs from Eastern Europe. The relatively small sums of compensation by Western terms, a few thousand dollars only, could in the case of many of those living in Eastern Europe be of significant help. And this when all of this was of course a mere pittance in comparison to the 'real price' in suffering, in life, in time , in dignity which was paid by the slave- laborers.
Bazyler also considers the whole question of stolen art and its return.
In his last chapters he replies to those critics of the whole historical effort to gain monetary compensation. Important well- meaning Jewish voices criticized the whole effort as demeaning the Shoah, as somehow enabling the criminals to think that they had paid off and so made up for their crimes. Bazyler takes strong exception to these critics. He shows, rightly in my opinion, how the class- suits and public attention they generated , exposed Holocaust criminals who had been masquerading as ordinary citizens. He points out that 'monetary compensation' is the only form of compensation possible when speaking of crimes of theft. There was no intention to in any way equate these crimes in weight and significance with the horrible acts of murder and torture which the Nazis and their accomplices committed. Bazyler also refutes the charge that the suits may have stirred new Anti- Semitism in a Europe which has never truly freed itself of Anti-Semitism. Bazyler points out how for a number of those who received the compensation there was a certain sense of justice done.
In his last chapter Bazyler talks about the way such class- action suits may be used by other victims of historical property theft.
This is a well- documented and extremely well- written study.
The persistence, devotion of many of the litigants and also of the lawyers is one side of the story. Another side , is the evil of the evildoers, those who profited from theft and hid that profiting for decades.
Justice of course cannot really be done to the victims, even to those victims who lost only property. For no one lost only property, in a crime whose essence was in destroying the very humanity of its victims, in depriving them of every last bit of human dignity.


(Review Data Last Updated: 2007-09-07 09:43:30 EST)
11-29-06 5 1\1
(Hide Review...)  The story of the effort to win compensation for the Theft of the Property of the Jews of Europe
Reviewer Permalink
This is a clear, comprehensive well- written account of a search for justice and compensation for those whose property and possesions were stolen during the Holocaust. The author Michael Bazyler, who is Professor of Law at Whittier Law School in California and international law litigator, rightly notes the outset that the property crimes of the Holocaust, secondary to the murder of eleven million human beings, including six million Jews, are nonetheless of great significace. Bazyler makes a strong case for the historical importance and rightness of the search for compensation for the property loss.
For over five decades major international business firms in Switzerland, Austria, and Germany had ignored and covered up their role in property- crimes. The major banks of Switzerland, United Bank of Switzerland, Credit Suisse , and the Swiss Bank Corporation had been heartlessly cruel to individuals by refusing to acknowledge their bank accounts.In the course of the investigations the banks were proven to have collaborated with the Nazis in purchase of gold some of which was taken from the bodies of victims. The Swiss Government had traded with and so supported the Nazi regime.
Bazyler tells the story of the search for compensation in the United States Courts. It turns out that Justice could be attained not in any European courts but only in American ones. The willingness of the U.S. court system to hear these claims, the ability of U.S. government officials ( U.S, Senator Alfonse D'Amato and New York State Comptroller Alan Hevesi played key roles ) enabled pressure to be applied to the Swiss government and firms. The tale of their shameful stonewalling, denial and attempt to escape from any honest dealing with the heirs of the bank account holders is a fascinating part of the story. The compensation deal which was finally made for 1.25 billion dollars actually meant that very small amounts of compensation went to individual holders of accounts. But the whole process did have the positive effect of exposing the degree of venality and criminality, beside sheer human heartlessness of the Swiss Banking Community and political establishment.
Bazyler then goes on to tell the even more heartbreaking story of the slave-laborers search for compensation from Germany. The German firms at first tried to deny and escape any responsibility. The slave-labor issue also extended to firms outside of Germany including even Ford and I.B.M. Again to make a long story short an agreement was reached which led to compensation being given to slave- laborers. Eighty percent of those who received compensation for having worked as slave- laborers were Slavs from Eastern Europe. The relatively small sums of compensation by Western terms, a few thousand dollars only, could in the case of many of those living in Eastern Europe be of significant help. And this when all of this was of course a mere pittance in comparison to the 'real price' in suffering, in life, in time , in dignity which was paid by the slave- laborers.
Bazyler also considers the whole question of stolen art and its return.
In his last chapters he replies to those critics of the whole historical effort to gain monetary compensation. Important well- meaning Jewish voices criticized the whole effort as demeaning the Shoah, as somehow enabling the criminals to think that they had paid off and so made up for their crimes. Bazyler takes strong exception to these critics. He shows, rightly in my opinion, how the class- suits and public attention they generated , exposed Holocaust criminals who had been masquerading as ordinary citizens. He points out that 'monetary compensation' is the only form of compensation possible when speaking of crimes of theft. There was no intention to in any way equate these crimes in weight and significance with the horrible acts of murder and torture which the Nazis and their accomplices committed. Bazyler also refutes the charge that the suits may have stirred new Anti- Semitism in a Europe which has never truly freed itself of Anti-Semitism. Bazyler points out how for a number of those who received the compensation there was a certain sense of justice done.
In his last chapter Bazyler talks about the way such class- action suits may be used by other victims of historical property theft.
This is a well- documented and extremely well- written study.
The persistence, devotion of many of the litigants and also of the lawyers is one side of the story. Another side , is the evil of the evildoers, those who profited from theft and hid that profiting for decades.
Justice of course cannot really be done to the victims, even to those victims who lost only property. For no one lost only property, in a crime whose essence was in destroying the very humanity of its victims, in depriving them of every last bit of human dignity.


(Review Data Last Updated: 2008-11-08 11:54:53 EST)
09-18-03 5 5\5
(Hide Review...)  An original and core addition to Holocaust Studies reference
Reviewer Permalink
Holocaust Justice: The Battle For Restitution In America's Courts by Michael J. Bazyler (Professor of Law, Whittier Law School, Costa Mesa, California, and Fellow at the Center for Advanced Holocaust Studies, U.S. Holocaust Memorial Museum, Washington, DC) is a definitive analytical study of how the American courts and system of justice were used to address the mass-scale theft initiated by the Holocaust, which not only exterminated six billion Jews but also stole hundreds of billions in wealth and possessions from its Jewish victims. Since the end of World War II, this mass theft was further perpetrated and exacerbated by Swiss banks that refused to give the families of Holocaust survivors their due; Italian, Swiss, and German insurance policies that refused to pay on prewar policies; wrangling in the courts concerning art looted by the Nazis in wartime Europe, and more. An original and core addition to Holocaust Studies reference collections, Holocaust Justice is a thoughtful, informative, detailed, authoritative study of the ongoing battle for justice stretching decades after Nazi genocide was ended by the Allies along with the rest of the Third Reich.
(Review Data Last Updated: 2006-05-19 18:25:09 EST)
  
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