A Moot Issue? Rethinking Holocaust Era Restitution of Jewish Confiscated Personal Property in Poland

Authors

Lara Weissman, Benjamin N. Cardozo School of Law

Abstract

Part I of this note will recount the historical events in Poland that resulted in the massive and ruthless appropriation of Jewish property, not only by the Nazis and the Communist regime, but also by non-Jewish Poles. The inadequate restitution policies following Poland's independence will then be explored, demonstrating Poland's unwillingness to deal with the theft that occurred within its borders, instead favoring sheer dismissal of the issue in the hopes of concentrating on rebuilding its war-torn country.

Part IIA will explore Poland's continued refusal to create and enforce policies that would assist in the restitution process, marking Poland as a country that lags behind other EU members in this regard and as a violator of EU mandates. This section will reveal that Poland's continued inadequate restitution policies is due to: Polish officials' resistance to take responsibility, preferring to paint and preserve an image of Poland as the victim of the Holocaust; the steadfast anti-Semitic views that are implanted into Poland's culture and that pre-date World War II; the incomplete and faulty cataloguing techniques Poland used both after Poland re-gained its independence and at present; and finally, the lack of legislation passed to expedite the return of stolen property that rightfully belongs to these victims. Part IIB will discuss the effectiveness of ADR in dealing with these time-sensitive, costly and emotional restitution claims, and will argue that ADR will not work in Poland. Additionally this section will demonstrate that even where negotiations would work and, in fact, have worked between individuals, the government's investment in this property would undo any success achieved and prevent the property's return.

Part III will emphasize the need for external mandates from a central authority in order for ADR to be effective in solving restitution of looted property in Poland. It will demonstrate the need for European Union to pressure countries, like Poland, that have not fulfilled their responsibility to return property stolen from Jews during the Holocaust and to take action through awarding sanctions and withholding EU member benefits. Additionally this section, will explore the possibility of the establishment of an international arbitration tribunal to resolve claims for the restitution of personal property looted during the Holocaust, supported by the cooperation of the European Union and as a protocol to the European Court of Human rights.

Part IV will conclude this note and will call for immediate action for Poland to finally restore the property robbed from innocent victims.

Disciplines

Comparative and Foreign Law | Dispute Resolution and Arbitration | Law | Legal Remedies | Legislation

Recommended Citation

Lara Weissman, A Moot Issue? Rethinking Holocaust Era Restitution of Jewish Confiscated Personal Property in Poland, 13 Cardozo J. Conflict Resol. 679 (2012).
Available at: https://larc.cardozo.yu.edu/cjcr/vol13/iss2/13