International Administration of Holocaust Compensation: The International Commission on Holocaust Era Insurance Claims (ICHEIC)

2008 ◽  
Vol 9 (11) ◽  
pp. 1651-1692
Author(s):  
Steven Less

The most important change in public international law over the past century has been a re-direction of its focus exclusively on states to a broadened scope of subjects including, most importantly, individual human beings. This shift in the status of individuals may be directly traced to the widely acknowledged need, in the aftermath of the Second World War, for a more adequate response to the Holocaust and other large-scale atrocities than that offered by traditional international law. Substantive concerns led to the development of human rights law. Victims' demands for compensation or restitution for the material injuries caused by genocidal Nazi persecution spurred a parallel procedural revolution. The innovation lay in national and international recognition of individuals' rights to assert such claims on their own behalf against their own governments, foreign states and foreign private entities.

2019 ◽  
Vol 3 ◽  
pp. 00007
Author(s):  
B Dewi Puspitaningrum ◽  
Airin Miranda

<p class="Keyword">Nazi Germany used Endlösung to persecute Jews during the Second World War, leading them to the Holocaust, known as “death”. During the German occupation in France, the status of the Jews was applied. Polonski reacted to the situation by establishing a Zionist resistance, Jewish Army, in January 1942. Their first visions were to create a state of Israel and save the Jews as much as they could. Although the members of the group are not numerous, they represented Israel and played an important role in the rescue of the Jews in France, also in Europe. Using descriptive methods and three aspects of historical research, this article shows that the Jewish Army has played an important role in safeguarding Jewish children, smuggling smugglers, physical education and the safeguarding of Jews in other countries. In order to realize their visions, collaborations with other Jewish resistances and the French army itself were often created. With the feeling of belonging to France, they finally extended their vision to the liberation of France in 1945 by joining the French Forces of the Interior and allied troops.</p>


Author(s):  
Olha Nikolenko

The theme of the Second World War and the Holocaust is one of the topical themes of contemporary fiction and cinema. Outstanding writers and directors of our time are turning to the embodiment of this tragic topic. They set themselves the task of comprehending the past and giving the third millennium generation spiritual experience that will help young people combat the manifestations of racism and xenophobia in the modern world. The article deals with the novel “Schindler’s Ark” by Th. Keneally, “The Children of Noah” by E.-E. Schmitt, “The Boy in the Striped Pajamas” by J. Boyne, “The Book Tief” by M. Zuzak and movies that are based on these books. In the genres of a historic novel and psychological story based on the documents, the writers revealed the complicated social processes in Europe during 1930-1940. The writers described the historic events within the life of ordinary people who lived in the terrible circumstances of the totalitarian system. The symbols playedthe main role in revealing the subject of the Holocaust in the novels and films about the Second World War and the Holocaust. Thomas Keneally continued the traditions of romantic irony and added to it some social, psychological and philosophical meanings. The irony in the novel by Thomas Keneally “Schindler’s Ark” plays an important role in the investigation of European society in the tragic period of the 20thcentury. In the novels by Thomas Keneally irony takes place on the different levels such as plot, composition, imagology, time and space, style and language. T. Keneally broadens the meaning of irony and its function in the documentary and historic novel. The irony in the novel “Schindler’s Ark” maintains some main functions: social for explaining the anti-humanistic essence of fascism, war, racial hatred, research in investigating the tragedy of the Holocaust and its consequences, psychological in revealing the psychology of people of different social class, philosophical in discussing the important issues of human life in the word, axiological dealing with the values of mercy, morality, the ability to resist violence. T. Kenealy represents different forms of irony such as the irony of the narrator, the irony of the author, the combination of controversial documentary facts, the contradiction of phenomenon and notions, the comparison of the different points of view, self-irony, irony as inner enlightenment, catharsis. In the novel “Schindler’s Ark” by T. Kenealy the author of the article analyzed the traditions of world literature such as B. Brecht within the motive of personal financial profit from the war, N. Gogol within the motive of buying and selling the dead souls. The writer represented these motives in his own way as the events took place during the real historic time, and he found the inner power in people of past century to keep their life, humanity and culture on the Earth. The irony is a unique feature of T. Keneally’s individual style and it enriched the genre of novel.


Author(s):  
Michael Stolleis

Between 1900 and 1920 some of the great old political orders broke down, the Chinese and the Russian Empire, the monarchy of the Habsburgs, and the German Reich. Uncertainties and anxieties about the future caused a broad deviation from the ideas and promises of liberalism, parliamentary democracy, and international law. Everywhere anti-liberal authoritarian movements organized themselves. The contribution concentrates on the German law under the Swastika, especially on the ambivalences between the traditional rule of law and the destructive dynamic of the SS-state, which led into emigration, the Second World War, and the Holocaust. The German example is paradigmatic, no doubt. But the observations can be universalized in a world with an increasing number of authoritarian regimes.


2007 ◽  
Vol 41 (3) ◽  
pp. 509-532 ◽  
Author(s):  
GILES SCOTT-SMITH

The Hague Academy of International Law was founded in 1923 with funds from the Carnegie Endowment, and soon established itself as one of the premier institutes in its field. However, after the Second World War the Carnegie was joined by the Ford and Rockefeller Foundations in a coordinated programme to modernize the institution and increase its international influence. The Foundations, contributing to the broad goals of US foreign policy, were keen to make use of this Dutch institution to build an “epistemic community” among the elites of the newly-decolonizing Third World. The academy thereby became an important normative institution involved in a broad strategy to ensure a smooth transition from a colonial to a postcolonial world order. This article traces the evolution of the academy and the consequences of its intersection with large-scale US philanthropy.


2005 ◽  
Vol 6 (2) ◽  
pp. 407-424 ◽  
Author(s):  
Thomas Mertens

When the true scale of what would later be called ‘crimes against humanity', ‘genocide’ and, specifically, ‘the Holocaust’ became clear in the aftermath of the Second World War, a number of questions were raised. First, is this a new type of crime, in which evil manifests itself in a radically different way than it had earlier? Some disputed this. Evil exists at all times and it has always confronted people with an abyss of atrocities. With Rawls, one might then say that every ‘great evil’ is sufficient in itself and that making comparisons is not necessary, even if the Holocaust cannot be detached from earlier ravages of evil such as the Inquisition and antisemitism. Others thought this question ought to be answered positively. Adorno and Levinas formulated their philosophies in part as a response to the unique character of the Holocaust. Even now, more than a half a century later, the events associated with the Holocaust form a rich source for public debate, scientific inquiry and literary expression. Secondly, the question has been raised as to how one is to cope with this modern form of political evil and with a new type of criminal offender. Some argued in favour of the familiar recourse to politics and international law. Specifically, political crimes ought either to be dealt with politically or to be considered in the light of the principle of international law: par in parem non habet jurisdictionem. So, ordinary criminal law is not applicable where the mutual conduct of states is concerned. Others, however, including the Allied governments in the period immediately following the termination of hostilities, argued that these crimes were such that punishment would be inevitable. This might give rise to legal problems, but these crimes ought to be dealt with to the extent possible by means of ordinary criminal procedure.


2016 ◽  
Vol 14 (1) ◽  
pp. 7 ◽  
Author(s):  
Karol Karski

‘IUS POSTLIMINII’ AS THE GROUNDS FOR THE RECOGNITION OF CONTINUITY BETWEEN THE PRE-WAR AND THE PRESENT-DAY BALTIC STATESSummaryPostliminium was applied to describe the status of a Roman citizen who was taken captive during a war and then regained his freedom. If he managed to return from captivity, then the moment he crossed the border of the Roman state, legally his rights and legal relationships were restored (though with some exceptions). This institution has become part of international law and has developed a life of its own. Hardly anyone remembers the Roman origins of many legal constructs, though they are still in force. This is the strength of Roman law. One of the examples of the application of Roman law constructs may be observed in the Baltic States, which were annexed by the USSR in 1940. Due to the change in international law which occurred at the turn of the 1920s and 30s in outcome of the Briand-Kellogg Pact, the acquisition of territory as a result of the use of military force in contravention of its provisions was no longer admissible. In 1991 the Baltic States regained their independence. By proclaiming it, they took the position that they were continuing their inter-war statehood and that all the international agreements they had concluded until 1940 were still valid. The present-day Baltic States are not regarded as legal successors of the USSR. This means that a state conforming to international law has been restored and an end put to an illegal occupation. The example of the Baltic States shows that ius postliminii is a permanent feature of the international legal order. Lithuania, Latvia, and Estonia may have lost their independence for 50 years, but subsequently they returned as states to the international community. They are regarded as identical with those states which were annexed during the Second World War by the USSR. They have been restored and continue to exercise all the rights and obligations they had before 1940.


2021 ◽  
pp. 279-296
Author(s):  
Oleksiy Kresin ◽  
Iryna Kresina

Total rejection of the aggression and territory occupation in the international law leads to their hybrid and concealed forms using gangs and mercenaries, proclaiming new “states” etc. These activities constitute serious threat to international security, can cause and already cause the fragmentation of states, anarchy, criminalization of politics, new forms of expansionism and so on. The authors of the article generalize the forms of illegal control over the territory in international law and their application considering the status of Donbas determination. International law for more than a century provides for the possibility of separate regulation of the sovereignty and legal rights of the state to the territory, on the one hand, and the implementation of the regime of illegal control over the territory – on the other. Authors argue that in the modern sense, primarily developed by doctrine and courts, illegal control over the territory can be considered as a legal regime, one of the forms of which is occupation, while others are defined as effective, overall, general, de facto control and related to undisclosed actions and informal means used by the aggressor states. This regime is characterized by the exercise of power over the territory by the will of a foreign state, and the forms of implementation of the regime differ depending on whether such a will is officially recognized or concealed. The transformation of international humanitarian law after the Second World War erased the boundaries between recognized and officially unrecognized occupation. But unlike occupation, the fact of which may be obvious, the fact of effective or other control over the territory requires the determination by judicial authorities. The qualification of illegal control by the Russian Federation of the Donbas in national and international law is ambiguous. The authors argue that the full recognition of the international armed conflict between Ukraine and Russia in Donbas, as well as Russia’s illegal control over latter should be expected in the process of consideration of a number of cases in the international judicial institutions.


This chapter reviews the book The Story of an Underground: The Resistance of the Jews in Kovno in the Second World War (2014), by Dov Levin and Zvie A. Brown, translated by Jessica Setbon. The Story of an Underground is about the Jews of Kovno (Kaunas) who founded an underground movement during the Holocaust. The armed underground developed a plan to escape to the forests and join the partisans. The ghetto was liquidated in the summer of 1944. Many of the remaining Jews were sent to the Stutthof and Dachau concentration camps. The book highlights the dilemmas of Jewish armed resistance such as difficulties in obtaining weapons and training, some of the failures of the resistance, and some of the positive aspects of those who thought differently from members of the armed resistance.


2021 ◽  
pp. 007327532098741
Author(s):  
Margaret Vigil-Fowler ◽  
Sukumar Desai

We identified nearly 180 Black women who earned medical degrees prior to the start of the Second World War and found information regarding their family and social connections, premedical and medical educations, and internship experience or lack thereof for many of these women. Through their collective history, we observed large-scale trends, especially regarding the importance of “separatist” medical education and declining medical school attendance among African American women in the 1910s as medicine became an increasingly exclusionary profession. While our research uncovered trends specific to Black women physicians, the implications of our research can be applied far more widely to other historically marginalized scientific practitioners. This research reminds us of the longstanding and shifting presence of Black women in science and medicine, despite the enduring popular belief that white men represent who participates in science, both historically and today.


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