User:MTWEmperor/Holocaust slave labor litigation

Holocaust slave labor litigation sometimes transnational Holocaust litigation (THL) are the legal cases involving restitution to those who were forced to perform slave labor under the Nazi regime. This has primarily pursued as a civil action in recent years and has provided a historical contribution to "the relationship between the state, corporations, and civil society in the carrying out of mass crimes." Such litigation and other legal proceedings continues even today with as recently as 2012 with Germany agreeing to pay €772 million and the deportation of former concentration camp guard Jakiw Palij in 2018

According to Leora Bilsky the adjudication of the Holocaust has played a significant role in the development of international criminal law, a role that has been a continuing discussion between historians and lawyers. Initially the Holocaust was pursued as a criminal action with highly visible trials such as the Nuremberg, Eichmann, and Frankfurt Auschwitz trials. However in the 1990's restitution actions in American courts were brought against Swiss banks, and later for slave labor for German and other corporations, on behalf of Holocaust survivors. Claims included money held in bank accounts since the war, life insurance plans, and compensation for slave or forced labor. Many of these cases were settled for then unprecedented amounts of money, often without assuming legal responsibility however. This has been controversial as to the justice done for Holocaust victims. Bilsky argues that civil actions do, do justice for both the parties involved and to history.

History

Restitution claims began in the mid-1990's beginning with actions against Swiss banks in 1996. This was led by the World Jewish Congress with support from the US Senate Banking Committee, US State Department and Clinton Administration which made Holocaust restitution a part of federal policy and action. Under Secretary of Commerce Stuart Eizenstat was appointed to lead the governmental inquiry into Holocaust reparations. Swiss banks settled for a then unprecedented $1.25 billon. Claims against German corporations led to the German government establishing the $5 billion fund, to which it and German corporations contributed equally. Additionally an Executive Agreement between the United States and Germany was established.

Although these settlements avoided admission of legal responsibility these decisions led to other historical legal findings. This included Swiss banks agreeing to comprehensive audits and German corporations establishing historical committees and opening archives to appointed historians. Germany increased its funding for social welfare services by $88 million on July 10, 2018.

Legal challenges

Holocaust restitution claims overcame several legal barriers such as time, distance, and jurisdiction. The claims were over 50 years old, initiated on the behalf of descendants of deceased victims, and on American soil, far from the jurisdiction and incorporation of those parties involved. Despite these challenges the American legal system had several characteristics that made such cases more favorable than European courts. First, was that US law grants federal courts original jurisdiction

Criticism

There has been some criticism of using restitution as a form of Holocaust litigation because these are often monetary judgments without the claim of liability. There are also concerns that such litigation exacerbates negative stereotypes, particularly financial and legal stereotypes, of Jews. Furthermore, Holocaust historian Michael Marrus argues that the concept of "unjust enrichment" fails to deliver justice because many corporations were not actually enriched during the Holocaust and it focuses attention away from the subject of mass murder to the subject of theft, thus distorting history.

Counter-criticism

Bilsky counters this criticism by citing examples of litigation by the NAACP during the Civil Rights Movement beginning in 1947 where it began legal proceedings against the US government for committing genocide against blacks in violation of the Genocide Convention. The failure of this international avenue of litigation

Possible References

• $52 Million for Lawyers' Fees In Nazi-Era Slave Labor Suits
• https://www.jstor.org/stable/j.ctt155jjnz