Abstract
Chapter 4 briefly examines the German genocides where the Nazis systematically murdered an estimated 11 million civilians; of whom 6 million were European Jews and approximately half to one and a half million European Roma. The chapter then moves to examine the two subsequent redress and reparation movements (RRMs).
The initial concerns of the movement were to ensure that the proper response to the crimes perpetrated by the Nazi regime were implemented, including the return of stolen goods and property (restitution) and damages due to imprisonment (compensation). Each victim group attempted to mobilize in order for their claims to be recognized and victimhood established. The first step was to create legal structures that would address Nazi crimes. Once redress and reparation organizations succeeded with their goals, a legal precedent had been established.
The Jewish RRM is the most well-known; it emerged first, having mobilized towards the beginning of World War II, with norm entrepreneurs and elite allies both internationally and domestically. The Romani RRM is less well known and has been described as forgotten in historical memory. Norm entrepreneurs for Romani victims have struggled for recognition and sustained mobilization, with inclusion in redress and reparation coming decades later.
This fight for redress and reparations are central to this book, as the concept of individual reparations to those victimized was unprecedented. Both RRMs will be explored and analyzed including key differences in mobilization, recognition, and achievement of redress.
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- 1.
The casualty figures selected reflect the understood death tolls of each group. For example, it is generally accepted that approximately 6 million Jewish civilians died during the Holocaust, although precise number vary according to methodology. Hilberg (2003) estimates 5.1 million Jews were killed. Dawidowicz (1986) estimates 5.93 million killed. Well-known memorials such as the United States Holocaust Memorial Museum (USHMM) and Yad Vashem utilize the commonly accepted figure of 6 million.
Estimates for the Roma vary drastically and there does not seem to be a consensus regarding the casualty figures. I have chosen to utilize half a million to one and a half million. Half million seems to be the number most commonly cited by Roma. Von dem Knesebeck 2011 reports that estimates range from 90,000 to 500,000. Hancock (2004) estimates half a million to one and a half million killed. Various individuals also gave these estimates from the US Holocaust Memorial Museum and the International Organization for Migration. As Chapter One mentioned: there have many terms utilized to describe the Roma—historically they have been called “Gypsies”—in the post-World War II era; however, Gypsy is often seen to be a derogatory term. Various scholars utilize Gypsy, Roma, Rom, or Romani to identify the group. Within Germany the common phrase in Roma and Sinti, reflecting the two largest sub-groups within their territorial borders. International society seems to be arriving at Roma (plural for man) in recent scholarship. For the purpose of this book, Roma will refer to the group ethnicity and Romani as an adjective. See Vermeersch (2007, pp. 10–11) for further discussion on terminology.
- 2.
In addition to committing genocide upon Jews and Roma, the Nazi Regime committed acts that, today, would be classified as crimes against humanity towards homosexuals, Jehovah’s Witnesses, and the disabled. An examination of RRMs relating to those groups, however, is currently outside the scope of this book.
- 3.
Von dem Knesebeck(2011, p. 2).
- 4.
Nationality denotes one’s membership in the nation or state, whereas citizenship denotes a legal status and political rights within the state. It is common for one to be both a citizen and a national; however these are two separate concepts. Citizenship, in theory, denotes a legal equality among its members.
- 5.
Constitution of the German Empire (April 16, 1871).
- 6.
Nathans (2004, pp. 179–181). The objection had to be based “only on facts such as justify the fear that the naturalisation of the applicant would imperil the welfare of the Empire or the State.” German Imperial and State Citizenship Law, July 22, 1913, Article 9, p. 219.
- 7.
See Nathans, The Politics of Citizenship in Germany for a discussion on the racial/national preference hierarchy within Germany.
- 8.
Brenner (1997, pp. 301–302).
- 9.
Ibid. p. 280.
- 10.
As Roma traditionally had nomadic lifestyles, the German Empire was attempting to force those nomadic Roma to either leave the territory or settle into one place and give up the traveling lifestyle. The terminology nomadic versus sedentary was often utilized to make distinctions between the Roma who had settled into a permanent home versus those without permanent residence, or who frequently travelled between locales.
- 11.
Fraser (1992, pp. 249–250).
- 12.
Ibid. p. 253.
- 13.
Liegeois (1986, p. 92).
- 14.
Fraser (1992, pp. 251–252).
- 15.
Liegeois (1986, p. 92).
- 16.
Sparing (1997, p. 40).
- 17.
Longerich (2003, p. 29).
- 18.
Girard (1980, p. 75).
- 19.
Friedlander (2003, pp. 96–99).
- 20.
The Program of the NSDAP (1920).
- 21.
Ibid.
- 22.
The Constitution of the German Reich (1919).
- 23.
Heuss (1997, p. 23).
- 24.
Fraser (1992, p. 252).
- 25.
The Reichstag fire was an arsonist fire which occurred at the Parliament. The fire’s origins have been long disputed as to whether the arsonist, Marinus van der Lubb, acted alone, acted in conjunction with Communists, or if the fire was planned by the Nazi’s to seize power.
- 26.
Article 48, Paragraph 2 “The Reich President may, if the public safety and order in the German Reich are considerably disturbed or endangered, take such measures as are necessary to restore public safety and order. If necessary he may intervene with the help of the armed forces. For this purpose he may temporarily suspend, either partially or wholly, the Fundamental Rights established in Articles 114, 115, 117, 118, 123, 124 and 153.” “The Constitution of the German Reich, August 11, 1919.”
- 27.
Joseph V. O’Brian (n.d) The Decrees of 1933. Retrieved November 18, 2005 from John Jay College of Criminal Justice Web Site: http://web.jjay.cuny.edu/~jobrien/reference/ob60.html. The full Decree can be found on the following website: The Adolf Hitler Historical Archives (n.d.) Decree of the Reich President for the Protection of People and State, http://www.adolfhitler.ws/lib/proc/decree330228.html, accessed on November 18, 2005.
- 28.
Fein (1979, p. 19).
- 29.
Kenrick and Puxon (1972, p. 59).
- 30.
Arad et al. (1999, pp. 78–79).
- 31.
Ibid. p. 77.
- 32.
Ibid.
- 33.
Ibid. p. 80.
- 34.
Quoted in Kenrick and Puxon (1972, p. 59).
- 35.
Fraser (1992, p. 257).
- 36.
The decree also incorrectly established six main tribes: Sinti, Rom, Gelderari, Lowari, Lalleri, and Balkan Roma. Himmler recommended that the Lalleri and Sinti which made up 10 % of the Romani population to be spared; however, Himmler’s recommendation was ignored. Ibid. p. 259.
- 37.
“The Number of Victims,” http://en.auschwitz.org.pl/h/index.php?option=com_content&task=view&id=14&Itemid=13&limit=1&limitstart=1, accessed on March 10, 2011.
- 38.
Dönitz (1997, p. 449).
- 39.
Dönitz was sentenced to ten years in prison.
- 40.
Declaration Regarding the Defeat of Germany and the Assumption of Supreme Authority by Allied Powers.
- 41.
Timm (1997, p. 8).
- 42.
Sagi (1986, p. 7).
- 43.
Gottlieb (1950, p. 22).
- 44.
Sagi (1986, p. 8).
- 45.
Inter-Allied Declaration against Acts of Dispossession committed in Territories under Enemy Occupation of Control.
- 46.
“Joint Four-Nation Declaration”
- 47.
Gareau (1961, p. 518).
- 48.
About the WJC (2010).
- 49.
Sagi (1986, p. 2).
- 50.
Ibid. p. 1.
- 51.
Ibid. p. 23.
- 52.
Ibid. pp. 23–24.
- 53.
Ibid. pp. 31–32.
- 54.
Ibid. p. 32.
- 55.
Ibid. p. 2.
- 56.
Ibid.
- 57.
Ibid. pp. 2–3.
- 58.
Ibid. p. 35.
- 59.
Agreement on Reparation From Germany, on the Establishment of an Inter-Allied Reparation Agency and on the Restitution of Monetary Gold, (Paris, January 14, 1946).
- 60.
Sagi (1986, p. 35).
- 61.
Ibid.
- 62.
Von dem Knesebeck (2011, pp. 7–8).
- 63.
Pross (1998, p. 19).
- 64.
Otto Küster is considered to be one of the founders of the reparations movement. A German Protestant and judge, he was dismissed from his position in the fall of 1933 for his ‘rejection of Nazi leadership.’ He strongly supported restitution and reparation for the Jewish community, he was appointed as the Württemberg state commissioner for reparations in 1947, assisted with the drafting of Allied restitution laws, and early drafts of the German laws. Küster was also involved in the Freiburger Rundbrief Group, an organization of Catholics and Protestants working towards reconciliation between Germans and Jews. Pross (1998, p. 4).
- 65.
Ibid. footnote 3, p. 228.
- 66.
Quoted in Pross (1998, p. 19).
- 67.
Ibid. p. 20.
- 68.
Von dem Knesebeck (2011, pp. 7–8).
- 69.
Colonomos and Armstrong (2006, p. 392).
- 70.
Takei (2002, p. 266).
- 71.
The Jewish Agency, the AJDC, American Jewish Committee, the World Jewish Congress, the Agudath Israel World Organization, the Board of Deputies of British Jews, the Central British Fund, the Council for the Protection of the Rights and Interests of the Jews from Germany, the Central Committee of Rights and Interests of the Jews from Germany, the Conseil représentatif des juifs de France, Jewish Cultural Reconstruction Inc., the Anglo-Jewish Association, and the Interessenvertretung israelitischer Kulturgemeinden.
- 72.
Sagi (1986, p. 41).
- 73.
Ibid.
- 74.
- 75.
Pross (1998, p. 11).
- 76.
Aliyah Statistics 1948.
- 77.
See Timm (1997).
- 78.
Pross (1998, p. 22).
- 79.
The day after Israel declared independence; neighboring states attacked launching the 1948 Arab-Israeli War. In addition, Israel had to bear the costs of establishing a new state and the massive influx of Jewish immigrants, many who were Holocaust survivors and suffering from mental and physical problems. Israel thus was in a perilous position following its creation, as it was weakened both financially and militarily.
- 80.
Sagi (1986, p. 51).
- 81.
Ibid. p. 52.
- 82.
Ibid. p. 56.
- 83.
Ibid. p. 64.
- 84.
Ibid. p. 65.
- 85.
Ibid. pp. 68–69.
- 86.
Ibid. p. 69.
- 87.
Ibid. p. 70.
- 88.
Pross (1998, p. 22).
- 89.
Ibid. pp. 22–23.
- 90.
Colonomos and Armstrong (2006, p. 394).
- 91.
Pross (1998, p. 21).
- 92.
Quoted in Pross (1998, p. 21).
- 93.
Quoted in Pross (1998, p. 21).
- 94.
Müller (1991, p. 205).
- 95.
Sagi (1986, p. 32). Over 100,000 people were in the displaced persons camps as of 1945.
- 96.
Ibid. p. 3.
- 97.
Ibid.
- 98.
Ibid.
- 99.
Luxembourg Agreement and Associated Documents [Excerpts] (2006, p. 886).
- 100.
Pross (1998, p. 30).
- 101.
Honig (1954, p. 578).
- 102.
“Luxembourg Agreement and Associated Documents [Excerpts],” (2006, p. 890).
- 103.
For an analysis of this reparations programs and the application of this program, see Pross (1998).
- 104.
Pross (1998, p. 3).
- 105.
Ibid.
- 106.
Pross credits the most influential allies as Walter Schwarz, Kurt May, Otto Küster, Frank Böhm, Adolf Arndt, and Martin Hirsch.
- 107.
Pross (1998, p. 7).
- 108.
Ibid. p. 36.
- 109.
Fritz Schäffer was known to have made anti-Semitic speeches and expressed support for the Nazi ideology before 1922; however, he was also opposed to the Nazi party later and imprisoned in Dachau for three months for connections to the attempted assassination of Hitler in the July 20 plot. He was appointed Prime Minister of Bavaria in the US occupied zone, but removed for being a Nazi sympathizer and of obstructing the denazification process. He was cleared of these charged in a later denazification process. His policies as Finance Minister, however, show that he was against reparations.
- 110.
Compensation for National Socialist Injustice (2009, p. 7).
- 111.
Pross (1998, p. 39).
- 112.
Ibid. pp. 39–40.
- 113.
Quoted in Pross (1998, p. 40).
- 114.
Pross (1998, p. 43).
- 115.
Ibid. p. 45.
- 116.
Ibid. p. 46.
- 117.
All three reparation laws were abbreviated and referred to as BEG.
- 118.
Compensation for National Socialist Injustice (2009, p. 7).
- 119.
Ibid. p. 8.
- 120.
Kritz (1995, p. 50).
- 121.
Ibid.
- 122.
Ibid.
- 123.
Wippermann (2006, p. 171).
- 124.
Hancock (1991a, p. 143).
- 125.
Von dem Knesebeck (2011)
- 126.
- 127.
Ibid. pp. 73–98.
- 128.
Crowe (2000, p. 198).
- 129.
Quoted in Gilbert (1989, p. 734).
- 130.
Wippermann (2006, p. 175).
- 131.
“By decree of the Reichsführer SS dated December 16, 1942- […] Gypsy half-breeds, Romany gypsies and members of their non-German blood relative clans from the Balkans shall swiftly be deported to a concentration camp according to certain instructions. […] The deportation to the concentration camp (Gypsy camp) Auschwitz will take place regardless of the family degree of mixed blood.” Himmler (1942).
- 132.
Saathoff (2011, p. x).
- 133.
Crowe (2000, p. 198).
- 134.
Von dem Knesebeck (2011, p. 96).
- 135.
Quoted in Von dem Knesebeck (2011, p. 80).
- 136.
Von dem Knesebeck (2011, pp. 118–119).
- 137.
Quoted in Wippermann (2006, p. 174).
- 138.
Von dem Knesebeck (2011, p. 123).
- 139.
Milton (1998, p. 39).
- 140.
Hancock (1991b, p. 16).
- 141.
Von dem Knesebeck (2011, p. 124).
- 142.
Wippermann (2006, p. 176).
- 143.
Von dem Knesebeck (2006, p. 65).
- 144.
Milton (1998, p. 39).
- 145.
Von dem Knesebeck (2011, p. 67).
- 146.
Some scholars such as Barany (2002, p. 265) credit 1982 as when Roma received full recognition. Quote from: Chronology of the Genocide of Roma and Sinti, http://www.stiftung-denkmal.de/en/memorials/memorial-to-the-sinti-and-roma-murdered-unter-the-national-socialist-regime/chronology-of-the-genocide-of-the-sinti-and-roma.html, accessed June 12, 2013.
- 147.
Von dem Knesebeck (2011, p. 227) credits this as when Roma received full recognition. Quoted from: Chronology of the Genocide of Roma and Sinti, http://www.stiftung-denkmal.de/en/memorials/memorial-to-the-sinti-and-roma-murdered-unter-the-national-socialist-regime/chronology-of-the-genocide-of-the-sinti-and-roma.html, accessed June 12, 2013.
- 148.
Simon Wiesenthal Center (2011).
- 149.
Cote (2009).
- 150.
Grieshaber (2010).
- 151.
Kritz (1995, p. 33).
- 152.
For a more thorough accounting of the Nuremberg Trials see Davidson (1966).
- 153.
Herf (1997, p. 6).
- 154.
Ibid.
- 155.
Ibid.
- 156.
Ibid. p. 207.
- 157.
This discrepancy can be partially explained by simply examining numbers—estimates indicate that 6 million Jews were killed compared to the half to one and a half million Roma.
- 158.
Sander (2006).
- 159.
The gypsy camp was a separate barracks within Auschwitz. König’s judgement was never finalized due to his subsequent suicide after hearing the verdict. Ibid. p. 151.
- 160.
Ibid.
- 161.
Ibid.
- 162.
Ibid. p. 161.
- 163.
Ibid. p. 158.
- 164.
Ibid. p. 153.
- 165.
Ibid. p. 163.
- 166.
Ibid. p. 152.
- 167.
Ibid.
- 168.
It has been noted that Simon Wiesenthal is a controversial figure. Inconsistencies in his work suggest that as far as his own personal biography he would exaggerate claims, however, his work towards researching and bringing to justice Nazi war criminals is well documented, and as the subject of multiple documentaries, interviews, honors, and books he is the single most well-known Nazi Hunter in history.
- 169.
About Simon Wiesenthal (2011).
- 170.
Operation Last Chance: Bringing Nazi War Criminals to Justice (2011).
- 171.
Operation Last Chance (2011).
- 172.
Bazyler (2010, p. 1).
- 173.
Ibid.
- 174.
See Table 4.9: Denial of Roma Memory and/or Reparations for both German and other denials. In addition, this claim is based on informal interviews in Berlin—January 2009.
- 175.
- 176.
Holocaust Memorials; (2011).
- 177.
Brooks (1999, p. 17).
- 178.
See Conference on Jewish Material Claims Against Germany, http://www.claimscon.org, accessed on March 16, 2010.
- 179.
Von dem Knesebeck (2011, p. 65).
- 180.
In this particular case, the norm entrepreneurs were individuals and organizations who were familiar with the persecution in Germany, often refugees and emigrants themselves, who fled and had been subjected to the so-called flight taxes and seizure of property by the German government.
- 181.
- 182.
Von dem Knesebeck (2011, p. 17).
- 183.
Kritz (1995, p. 50).
- 184.
Von dem Knesebeck (2011, pp. 74, 84).
- 185.
For example in 2010, large-scale deportations of Roma were carried out in France. Willsher (2010).
- 186.
Hancock (1999, p. 74).
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Wolfe, S. (2014). The German Genocides and Subsequent Redress and Reparation Movements. In: The Politics of Reparations and Apologies. Springer Series in Transitional Justice, vol 7. Springer, New York, NY. https://doi.org/10.1007/978-1-4614-9185-9_4
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