TRANSNATIONAL LITIGATION FOCUSED ON HOLOCAUST ERA RESTITUTION Cover Image

TRANSNACIONALNE PARNICE USMJERENE NA RESTITUCIJU IZ DOBA HOLOKAUSTA
TRANSNATIONAL LITIGATION FOCUSED ON HOLOCAUST ERA RESTITUTION

Author(s): Adnan Duraković
Subject(s): History of Law, Diplomatic history, Victimology, Fascism, Nazism and WW II, History of the Holocaust
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: restitution; litigation; Holocaust; diplomacy;

Summary/Abstract: According to international law, individuals who suffered damage during the war had to ask their governments to represent their interests in negotiations with the defeated side. After the Second World War, considering the extent of the destruction, that model was dominant, but it was not entirely sufficient. Unprecedented crimes committed by the Nazi regime left entire groups of victims denied reparations for their individual wrongs. Injustices were committed in the classic crimes of bodily injury, murder, imprisonment, confiscation of property and entire fortunes, use for work in the form of slave labor, biological experiments, deportation and separation of children and parents, etc. Post-war Germany agreed to provide individual compensation and humanitarian aid to certain categories of persons who were damaged. Bilateral and multilateral reparations agreements were concluded with Western countries, and later with the former countries of the communist bloc. However, numerous issues of redressing individual injustices due to the atrocities of the Nazi regime were not adequately resolved. Individuals and even groups of victims had weak negotiating and political capabilities and could not claim their rights before their countries or force governments and foreign multinational companies to compensate them for their injustices. Therefore, only one country in the world had the possibility for such a thing, the United States of America. They not only had courts that were willing to take such cases, but more importantly, they had powerful diplomacy and instruments of pressure on those who were labeled as bearers of human rights violations in the Holocaust.

  • Issue Year: 16/2023
  • Issue No: 32
  • Page Range: 245-262
  • Page Count: 18
  • Language: Bosnian
Toggle Accessibility Mode