Volunteer Marek (talk | contribs) →Responses to the law: who cares what a neo Nazi thinks |
Volunteer Marek (talk | contribs) →Protests: ditto. Someone will protest something sometime always. Doesn’t mean it’s encyclopedic info. |
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According to former Polish diplomat and publicist Witold Jurasz, enacting the provision to restitute only former Jewish property (most likely to Jewish American organizations) while leaving non-Jewish property in hands of the state would in effect mean that Polish Jews wouldn't be considered Poles, which could be considered antisemitic, and likewise giving preference to one ethnic group would be racially discriminating.<ref name="Jurasz" /> |
According to former Polish diplomat and publicist Witold Jurasz, enacting the provision to restitute only former Jewish property (most likely to Jewish American organizations) while leaving non-Jewish property in hands of the state would in effect mean that Polish Jews wouldn't be considered Poles, which could be considered antisemitic, and likewise giving preference to one ethnic group would be racially discriminating.<ref name="Jurasz" /> |
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=== Protests === |
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On 25 April 2018, a protest led by the far-right [[National Movement (Poland)|National Movement]]'s president [[Robert Winnicki]] was held in front of the [[Embassy of the United States, Warsaw|US embassy in Warsaw]], Winnicki saying that "The Jews will not get a penny from us".<ref>[https://www.timesofisrael.com/polish-nationalists-protest-outside-us-embassy-against-holocaust-restitution/ Polish nationalists protest outside US Embassy against Holocaust restitution], JTA (TOI reprint), 26 April 2018</ref> A Polish-American group, including Richard Widerynski who is the former president of the [[Polish American Congress]] of Southern California lobbied against law, saying on their website that demands for restitution are "illegitimate extortion attempts".<ref>[https://www.jta.org/2018/05/10/united-states/trump-signs-law-help-holocaust-victims-reclaim-lost-property Trump signs law to help Holocaust victims reclaim lost property], JTA, 10 May 2018</ref> On 11 May 2019, thousands of far-right Polish nationalists<ref name="LAT20190514"/><ref name="France24_20190511"/><ref name="DW20190511"/><ref name="AP20190511"/> marched to the [[Embassy of the United States, Warsaw|United States Embassy in Warsaw]] protesting the JUST act. Protesters said that "Americans only think about Jewish and not Polish interests", that "this is Poland, not ''Polin''" (the Hebrew name for Poland), and some wore shirts reading "death to the enemies of the fatherland" and "I will not apologize for [[Jedwabne pogrom|Jedwabne]]".<ref name="LAT20190514">{{Cite news |url=https://www.latimes.com/world/la-fg-poland-nationalists-holocaust-20190511-story.html |title=Polish nationalists march to U.S. Embassy in Warsaw to protest Holocaust claims |agency=Associated Press |access-date=2019-05-14}}</ref> Many of the protesters stated that as Poland was [[World War II casualties of Poland|one of the most devastated countries]] in the [[aftermath of World War II]] "it is not fair to ask Poland to compensate Jewish victims when Poland has never received adequate compensation from Germany." Some protesters had signs on what they claim are "U.S. double standards", suggesting that U.S. should return land [[Indian removal|stolen from]] the [[Native Americans in the United States|Native Americans]]. According to sociologist [[Rafal Pankowski]], this was "probably the biggest openly anti-Jewish street demonstration in Europe in recent years."<ref name="AP20190511">[https://www.apnews.com/7d28606f191b4871b6521fef62587c24 Polish nationalists protest US over Holocaust claims], AP, Vanessa Gera, 12 May 2019</ref><ref name="DW20190511">[https://www.dw.com/en/polish-far-right-protests-us-law-on-world-war-ii-jewish-assets/a-48702556 Polish far-right protests US law on World War II Jewish assets], Deutsche Welle, 11 May 2019</ref><ref name="France24_20190511">[https://www.france24.com/en/20190511-poland-nationalists-protest-usa-holocaust-far-right-anti-semitism Polish nationalists protest against US over Holocaust claims], France24, 11 May 2019</ref> |
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On 31 March 2019 hundreds of protesters, described by media as either Polish Nationalists<ref name="haaretz20190403"/><ref name="newsweek20190401"/><ref name="Forward 26-05">{{Cite news |url=https://forward.com/fast-forward/421817/holocaust-anti-semitism-polish-nationalism-auschwitz/ |title=WATCH: Anti-Semitic Conspiracy Theories At Polish Nationalist Protest Of Holocaust Law |last=Feldman |first=Ari |access-date=2019-05-26}}</ref> or Polish-Americans,<ref>{{Cite web|url=http://wiadomosci.gazeta.pl/wiadomosci/7,114881,24607330,nowy-jork-demonstracja-polonii-przeciwko-ustawie-447-pisarka.html|title=Pisarka opisała protest Polonii w USA. "Nigdy nie spotkałam się z takim antysemityzmem"|website=gazetapl}}</ref> protested in [[Foley Square]] in New York, as well as in Chicago, Los Angeles, Philadelphia, Boston, and elsewhere in the USA against the restitution bills. Organizers of the protests included Polish-American organizations such as the Committee to Protect the Katyn Monument, the Polish American Strategic Initiative, Związek Żołnierzy Narodowych Sił Zbrojnych, the Polish Heritage Council of North America and the Polish American Congress of Southern California.<ref name=tablet2/> The [[Polish American Congress]], the biggest Polish-American organization,{{according to whom|date=May 2019}} did not take part in the protests, stating that "it does not require a soothsayer to predict that the mass media will write: 'On March 31, 2019, Polish Americans took to the streets to deny elderly Holocaust survivors compensation for their property.'"<ref>{{Cite web|url=http://www.pac1944.org/latest-press/polish-american-congress-pac-statement-in-opposition-to-the-demonstrations-of-31-march-2019-to-protest-public-law-no-115-171/|title=POLISH AMERICAN CONGRESS (PAC) STATEMENT IN OPPOSITION TO THE DEMONSTRATIONS OF 31 MARCH 2019 TO PROTEST PUBLIC LAW NO. 115-171 – Polish American Congress}}</ref> Some of the protesters carried [[antisemitic]] signs such as referencing the "[[Holocaust Industry]]" or the [[Stereotypes of Jews#Greed|Jewish greed stereotype]], and some engaged in [[Holocaust denial]] rhetoric.<ref name="haaretz20190403">[https://www.haaretz.com/us-news/polish-nationalists-protest-holocaust-restitution-bill-in-n-y-c-1.7085414 Polish Nationalists Protest Holocaust Restitution Bill in N.Y.C. Using anti-Semitic Rhetoric], Haaretz (JTA), 3 April 2018</ref><ref name="newsweek20190401">[https://www.newsweek.com/poland-nationalism-anti-semitism-holocaust-denial-new-york-city-foley-square-1381690 NATIONALIST PROTESTERS TAKE OVER NEW YORK SQUARE AS POLISH ANTI-SEMITIC DEBATE SPREADS TO U.S.], Newsweek, 1 April 2019</ref><ref>[https://www.thejc.com/news/us-news/protesters-carry-antisemitic-signs-at-anti-holocaust-law-demonstration-in-new-york-1.482453 Protesters carry antisemitic signs at anti-Holocaust law demonstration in New York], Jewish Chronicle, 2 April 2019</ref><ref name=tablet2>[https://www.tabletmag.com/jewish-news-and-politics/283216/polish-nationalism-and-holocaust-history The War Between Polish Nationalism and Holocaust History], Tablet, 12 April 2019</ref> [[Simon Wiesenthal Center]] called on the Polish government to condemn the rally.<ref>[http://www.wiesenthal.com/about/news/2019-4-4swc-calls-on-polish.html SWC Calls on Polish Government to Condemn Anti-Semitic Rally in New York], Simon Wiesenthal Center, 4 April 2019</ref> According to historian [[Jonathan Brent]], the protests "were not routine political gatherings but demonstrations aimed at rewriting the history of the Holocaust that featured open displays of anti-Semitism in major American cities".<ref name="Tablet20190412">[https://www.tabletmag.com/jewish-news-and-politics/283216/polish-nationalism-and-holocaust-history The war between Polish nationalism and Holocaust history], Tablet, 12 April 2019</ref> According to historian Matthew Lenoe, "the event was the latest attempt to erase complex or negative aspects of Polish history" in a similar fashion to the [[Act on the Institute of National Remembrance#2018 amendment|2018 Polish Holocaust law]], and raises "disturbing questions about a resurgence of anti-Semitism in Eastern Europe".<ref>[https://www.washingtonpost.com/outlook/2019/04/17/its-time-do-away-with-laws-enforcing-triumphal-national-histories/?noredirect=on It’s time to do away with laws enforcing triumphal national histories], Matthew Lenoe, 17 April 2019</ref> |
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== References == |
== References == |
Revision as of 17:57, 18 June 2021
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Long title | An Act to require reporting on acts of certain foreign countries on Holocaust era assets and related issues. |
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Enacted by | the 115th United States Congress |
Effective | 9 May 2018 |
Citations | |
Public law | Pub. L. 115–171 (text) (PDF) |
Legislative history | |
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The Justice for Uncompensated Survivors Today (JUST) Act of 2017 (Pub. L. 115–171 (text) (PDF),S. 447 (and identical H.R. 1226)) is US legislation that requires the State Department to report to Congress on steps that 47 countries in Europe (the signatories of the 2009 non-binding Terezin Declaration) have taken to compensate Holocaust survivors and their heirs for assets seized by Nazi Germany and post-war communist governments.[1][2]
The bill does not provide the US with any enforcement power, only requiring reporting to Congress.
Background
The Terezin Declaration from 2009, to which 47 countries are signatories,[2] states that protection of property rights is part of the rule of law and an essential feature of democratic societies. The declaration recognizes the importance of property restitution or compensation in regards to property confiscated during the Holocaust era between 1933 and 1945.[3] According to Tammy Baldwin and Marco Rubio, the Senate sponsors of the bill, while several countries have endorsed the declaration they have not actually implemented the required restitution.[3] In addition to restitution to survivors and heirs, the Terezin Declaration states that heirless property (which devolved to the state) should be used for the benefit of needy Holocaust survivors, commemoration, and Holocaust education.[4]
Provisions
The bill requires the State Department to report to congress on steps that 47 countries in Europe, signatories of the 2009 Terezin Declaration, have taken to compensate Holocaust survivors and their heirs for assets seized by Nazi Germany and post-war communist governments.[1][2] Additional reporting requirements are specified on restitution to Holocaust survivors who are US citizens or their relatives.[5]
Heirless property
In addition to the above, the bill contains provision calling for restitution of property even if the owners died without leaving any descendants - the so-called heirless property. It is an accepted customary international law that heirless property becomes property of the state.[6][verification needed]
The Terezin declaration states that "in some states heirless property could serve as a basis for addressing the material necessities of needy Holocaust (Shoah) survivors and to ensure ongoing education about the Holocaust (Shoah), its causes and consequences". The JUST act requires reporting on the adherence to Terezin, including so called heirless property.[7]
Responses to the law
While the bill does not single out any particular country, the Polish government sees itself as the target of the law.[1] It particular, it is strongly opposed to compensation for heirless property, as this would imply, in their view, co-responsibility for the Holocaust.[7]
In April 2018, former Polish Prime Minister Leszek Miller publicly stated that all property claims by individuals that are US citizens have been settled by the agreement signed between USA and Poland on 16 July 1960.[8]
Adam Sandauer[who?] criticized the idea of claiming compensation from Poland and what he calls "selective treatment of claims based on ethnic criteria", wrote that a question arises if the claims should be paid for by German state who murdered original owners rather than Polish state who took over heirless property after the war if the owners perished, as per law. According to Sandauer a global solution based on compromise and compromise need to be enacted that will treat all ethnic groups equally (Jews, Poles, Ukrainians, Armenians, or Serbs and Croats), not just one nation.[9]
According to former Polish diplomat and publicist Witold Jurasz, enacting the provision to restitute only former Jewish property (most likely to Jewish American organizations) while leaving non-Jewish property in hands of the state would in effect mean that Polish Jews wouldn't be considered Poles, which could be considered antisemitic, and likewise giving preference to one ethnic group would be racially discriminating.[10]
References
- ^ a b c Trump signs Holocaust property law that has angered Poland, AP (TOI reprint), 10 May 2018
- ^ a b c Trumps Signs Act Strengthening Holocaust Restitution Efforts, 10 May 2018, Jerusalem Post
- ^ a b Senate committee advances restitution bill for Holocaust survivors, JTA, 6 December 2017
- ^ Searching for Justice After the Holocaust: Fulfilling the Terezin Declaration and Immovable Property Restitution, By Michael J. Bazyler, Kathryn Lee Boyd, Kristen L. Nelson, Oxford University Press, 2019, pages xxxiii-xxxvi
- ^ House passes bill to help Holocaust survivors obtain restitution, seized assets, JTA (TOI reprint), 25 April 2018
- ^ "Under the internationally recognized process of escheat, property of a decedent who has neither a will nor any legal heirs reverts to the state." Cardozo journal of international and comparative law page Volume 13 689 2010
- ^ a b Poland cancels visit by Israeli officials to discuss property restitution, JPost, Jack Evans, Jeremy Sharon, 14 May 2019
- ^ [1] Burza wokół ustawy 447. Leszek Miller przypomina o umowie z USA Wprost 25.04.18
- ^ Cite error: The named reference
Rzeczpospolita
was invoked but never defined (see the help page). - ^ Cite error: The named reference
Jurasz
was invoked but never defined (see the help page).