"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 Battle for Restitution in America's Courts
Author: Michael J. Bazyler
Publisher: NYU Press
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."
An Analysis of ATCA Litigation Against Corporations
Author: Niels Beisinghoff
Publisher: Peter Lang
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.
Essays across Disciplines
Author: Norman J. W. Goda
Publisher: Berghahn Books
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."
A Quest for Justice in a Post-Holocaust World
Author: Michael Bazyler
Publisher: Oxford University Press
"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
Perspectives on the Litigation and Its Legacy
Author: Michael J. Bazyler,Roger P. Alford
Publisher: NYU Press
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.
Author: Jonathan C. Friedman
Publisher: Taylor & Francis
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.
The Jews and the Netherlands in Modern History
Author: Yosef Kaplan
Uses photographs and eyewitness accounts to examine the lingering fallout from the Holocaust.
Author: Jason Skog
Category: Juvenile Nonfiction
Revealing a history of mysterious deaths, shady characters, and moral and political tensions, exposes the inner workings of the Catholic Church to trace how the Vatican evolved from an institution of faith into an extremely wealthy corporate power.
A History of Money and Power at the Vatican
Author: Gerald Posner
Publisher: Simon and Schuster
Category: Business & Economics
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.
Ambiguity and Compromise in the Holocaust and Its Aftermath
Author: Jonathan Petropoulos,John K. Roth
Publisher: Berghahn Books
where do we go from here? : hearing before the Committee on Government Reform, House of Representatives, One Hundred Eighth Congress, first session, September 16, 2003
Author: United States. Congress. House. Committee on Government Reform
Publisher: Government Printing Office
This landmark book, Nicholas Berg addresses the work of German and German-Jewish historians in the first three decades of post-World War II Germany. He examines how they perceived--and failed to perceive--the Holocaust and how they interpreted and misinterpreted that historical fact using an arsenal of terms and concepts, arguments, and explanations.
Historical Interpretation and Autobiographical Memory
Author: Nicolas Berg
Publisher: University of Wisconsin Pres
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?
the Holocaust era restitution campaign of the 1990s
Author: Michael Robert Marrus
Publisher: Univ of Wisconsin Pr
This important book fills a historical gap and acts as a valuable corrective in the general treatment of Switzerland's role during the Second World War. In addressing all of the moral and historical charges laid at Switzerland's door in relation to Nazi Germany, it does not offer an apology but, far more valuably, provides a sustained, nuanced analysis of the issues at stake. Contending that Swiss neutrality during the Second World War has not only been misunderstood, but has also been unfairly stigmatized, the book's wide-ranging assessment offers a much-needed corrective to received wisdom on the subject. Commendably, it presents a comparative assessment, comparing the Swiss both to European neutrals, and to the U.S. - which, it is often forgotten, defended the posture of neutrality for the first two years of the war. The study highlights the need for careful assessment in the context of more than half a century ago. Seen in those terms, the behavior of the Swiss emerges far more nuanced, more driven by the desperate conditions of total war, and far less susceptible to present-day moralizations than in the work of many writers. This important contribution deepens our understanding of the Second World War.
A Comparative Analysis of the Neutrality of Switzerland and Other Neutral Nations During WW II
Author: Herbert R. Reginbogin,Detlev F. Vagts
Publisher: LIT Verlag Münster
In the wake of the Second World War, how were the Allies to respond to the enormous crime of the Holocaust? Even in an ideal world, it would have been impossible to bring all the perpetrators to trial. Nevertheless, an attempt was made to prosecute some. Most people have heard of the Nuremberg trial and the Eichmann trial, though they probably have not heard of the Kharkov Trial—the first trial of Germans for Nazi-era crimes—or even the Dachau Trials, in which war criminals were prosecuted by the American military personnel on the former concentration camp grounds. This book uncovers ten “forgotten trials” of the Holocaust, selected from the many Nazi trials that have taken place over the course of the last seven decades. It showcases how perpetrators of the Holocaust were dealt with in courtrooms around the world—in the former Soviet Union, the United Kingdom, Israel, France, Poland, the United States and Germany—revealing how different legal systems responded to the horrors of the Holocaust. The book provides a graphic picture of the genocidal campaign against the Jews through eyewitness testimony and incriminating documents and traces how the public memory of the Holocaust was formed over time. The volume covers a variety of trials—of high-ranking statesmen and minor foot soldiers, of male and female concentration camps guards and even trials in Israel of Jewish Kapos—to provide the first global picture of the laborious efforts to bring perpetrators of the Holocaust to justice. As law professors and litigators, the authors provide distinct insights into these trials.
Author: Michael J. Bazyler,Frank M. Tuerkheimer
Publisher: NYU Press
Author: United States. Supreme Court
Category: Law reports, digests, etc
covering 1-551 (part) US, 1-100 L Ed, 1-168 (part) L Ed 2d, 1-127 (part) S Ct with annual updating tables volume
Author: Daniel A. Klein,David B. Sweet,Gary Knapp,Barbara Kerr,Mark A. Oyer
Category: Law reports, digests, etc