Some Measure of Justice: The Holocaust Era Restitution Campaign of the 1990s (review)

Can there ever be justice for victims of the Holocaust? Some Measure of Justice explores the Holocaust redress movement of the 1990s—triggered by lawsuits in the United States primarily against Swiss banks, German and American corporations, insurance companies, and individuals and institutions in possession of once-looted works of art. Claimants and their attorneys have alleged the wrongful enrichment of parties who, whether innocently or knowingly, profited from or were complicit in the Holocaust. Marrus explores the goals of the movement, why it emerged when it did, how it compares to earlier reparation to Jewish individuals and institutions, its significance for the historical representation of the Holocaust, and its wider implications.

The subject of Holocaust reparations has produced an extensive literature—by participants, lawyers, philosophers, journalists, and social scientists. The author takes up the issues as a historian—though one with legal training—in particular engaging larger questions about historical interpretation as they entered the legal arena. Ultimately he asks what constitutes justice for a great historic crime, and whether justice is even possible.

Marrus confesses his original surprise at the success of the 1990s reparation movement, in particular because it was enabled by legal advocacy. His surprise was all the greater as he had just written a book on the history of legal responses to the Holocaust—initiatives that he believed had been exhausted. Yet shortly thereafter an entire movement catapulted into the news and public consciousness, moving from criminal to civil litigation. Why the revival? Marrus offers an overview of the stakeholders (including scholars), who directly and indirectly influenced one another; major actors ranged from the "distinguished" to the "flamboyant and obstreperous." Marrus highlights the achievements and gives credit where due, notably to Stuart Eizenstat, Judge Edward R. Korman, and many more. But he also notes the shortcomings of other protagonists, especially those whose goals were self-serving, in particular those involved in illegal or unethical acts. The book notes perceived ambiguity in the role of Ronald Lauder, who as a major Jewish leader played a critical role, particularly in art restitution. While Lauder did nothing specifically improper and his advocacy and other efforts were observable to be in the public service, he did have a private interest. He was directly involved in the restitution of Gustav Klimt's painting "Golden Adele," but soon thereafter he purchased the work from the beneficiary. In the Lauder-founded Neue Galerie in New York the painting now attracts six times the number of visitors as the museum had previously.

The theme of profiteering hovers above much of the discussion, a theme all too often associated with antisemitic propaganda. But this does not obviate the fact that some Jews have taken advantage in the context of victims' losses. Indeed the restitution movement provided fodder for people inclined to see the campaign in this way. This notwithstanding, Marrus emphasizes that most of the German reparations money devoted to recompensing former slave laborers went to old, poor, non-Jewish survivors in Eastern Europe. The tension is particularly intriguing because at the macro level the successes are usually represented as an ethical and a moral achievement, while at the micro level actual events included unsavory acts.

The Holocaust is usually presented as the paramount example of historical crime. This may raise the question of uniqueness, but the Holocaust undoubtedly possesses a particular status here. Yet reparations to Holocaust victims in the 1990s were part of a larger global movement for redress for various historical crimes; the issue of reparations has become part of the transition to democracy in the postcolonial, post-apartheid, post-Cold War world. This context is critical in understanding the sudden successes of the 1990s. Marrus underscores the "internal" contributors to the movement: authors of books that exposed the exploitation, looting, and white-collar crimes of perpetrators and bystanders; lawyers who took on cases that looked to be long shots; journalists whose investigations promoted a...