NEW
YORK (JTA) — Reaction to recent revelations of corporate complicity,
unrevealed insurance company involvement and the great number of IBM
punch cards among the papers in a secret archive in Bad Arolsen,
Germany, have reignited a grass-roots campaign among Holocaust
survivors to recover Nazi-era insurance
claims against companies such as the Italian insurance giant Generali.
Following
a series of revelations that began last year in Jewish media,
grass-roots survivor and second-generation groups in Miami and New York
have mounted a fierce campaign in Congress to supersede international
agreements brokered by the State Department to settle insurance claims
through the International Commission on Holocaust Era Insurance claims
(ICHEIC), as well as a variety of adverse Supreme Court rulings that
have denied survivors the right to sue to recover policy claims or
disgorge profits from the insurance companies.
The groups have
used revelations about the unreleased Bad Arolsen records as a rallying
point to prove that their insurance claims have been pushed into
oblivion. Key congressional leaders agree and have promised swift
action.
Thus, two separate issues — the opening of the Bad
Arolsen archives and the quest to recover unpaid insurance claims —
have been joined into a single cause among survivor groups and key
congressional leaders.
The latest round of efforts began last
fall, when officials of survivor groups unsuccessfully demanded that
ICHEIC and other authorities postpone the final disposition of claims
pending further research in the International Tracing Service files at
Bad Arolsen. The groups include such elected bodies as the Miami-based
Holocaust Survivors Foundation USA and the Queens, N.Y.-based National
Association of Jewish Child Holocaust Survivors.
The
International Tracing Service, or ITS, was established by the Allies
after the war to help families trace Holocaust and war victims. The
Allies forwarded millions of captured documents to the facility in Bad
Arolsen. The International Red Cross was given custody and control of
the archives, which provided information on individuals only to
survivors and their families. A typical family request could take years
to process.
In January, Holocaust survivors petitioned
federal Judge George Daniels to reject a settlement with Generali
because ICHEIC had failed to publish the names of all Jews whom the
company insured before World War II. The petition, which included
numerous quotations from the Jewish media about Bad Arolsen's insurance
documentation, decried the alleged rush to judgment.
Judge
Daniels temporarily delayed a decision, but ultimately finalized the
permanent settlement with a limited extension for claims based on
discoveries that might emerge from the Bad Arolsen archive.
Having
lost in court — and convinced that established Jewish organizations
would not aid them — survivor groups lobbied Congress to link the
campaign to open Bad Arolsen to the separate campaign to recover
insurance claims and compel disclosure of the names of those insured.
On
March 28, U.S. Rep. Ileana Ros-Lehtinen (R-Fla.) introduced the
Holocaust Insurance Accountability Act of 2007, to enthusiastic support
on both sides of the aisle.
The act seeks to supersede
international agreements brokered by the State Department to settle
insurance claims through ICHEIC. The bill concludes that ICHEIC, which
is due to terminate operations soon, "did not make sufficient effort to
investigate" or compile the names of Holocaust-era insureds or the
claims due to survivors. The bill adds that recent media disclosures
about the contents of Bad Arolsen have given new justification to such
legislation.
In response, a representative for ICHEIC said the
commission had accomplished its mission of identifying and settling
unpaid Holocaust-era life insurance claims by processing more than
90,000 claims and distributing more than $306 million to more than
48,000 claimants. More than half of the funds distributed via ICHEIC
were the result of ICHEIC's archival research and matching work, the
representative said..
Still, Ros-Lehtinen's bill would require
insurers to disclose comprehensive lists of Jewish policyholders from
the Nazi era. The legislation also would enable federal lawsuits to
recovery money from insurers, thus overruling ICHEIC's final word and a
variety of Supreme Court rulings that have denied survivors' rights to
sue or gain access to policyholder names.
The proposed law thus would trump both the executive and judicial branches on Holocaust-era insurance.
The
same day that Ros-Lehtinen's bill was introduced, Rep. Robert Wexler
(D-Fla.), chairman of the House Foreign Affairs Committee's
Subcommittee on Europe, convened an extraordinary hearing on Bad
Arolsen. The purpose was to orchestrate congressional pressure on the
11 governments — the United States, France, England, Belgium, Greece,
Luxembourg, Netherlands, Poland, Israel, Italy and Germany — that
control the ITS to rush full access to its archives, providing the
insurance information that has been submerged for decades.
Members
of the Foreign Affairs Committee sat stony and grim-faced, some holding
back tears, as the hearing unfolded about the Bad Arolsen archives and
their impact on survivors' decades-long effort to recover their
insurance claims. Survivor David Schaecter of Miami, who admitted he
was "emotionally overcome," spoke of impoverished survivors in South
Florida who cannot afford housing or medicine because their insurance
payouts were first denied by the insurance companies and then by
ICHEIC.
"I am begging this Congress," he implored, "to please believe us. We have been wrongly stripped of our pride and property."
Leo Rechter of Queens pleaded, "Open up Bad Arolsen to expose the Holocaust profiteers."
Rep.
Albio Sires (D-N.J.) held back tears both in the hearing room and in
the corridor. Wexler promised to fast-track legislation and action to
open Bad Arolsen.
"We will take the next step and then the next step, and then the next step," Wexler said.
Edwin Black is the New York Times bestselling author of the
award-winning "IBM and the Holocaust" and is responsible for a series
of investigations revealing the contents of the ITS archives at Bad
Arolsen. His stories on the subject can be viewed at
http://www.ibmandtheholocaust.com/BadArolsenArticles.php.