NEW
YORK – Reaction to recent revelations of corporate complicity,
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 grassroots 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 the Jewish media, grassroots
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, or
ICHEIC, as well as 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.
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 the 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 its 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 recover 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," Schaecter 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 best-selling author of the award-winning
"IBM and the Holocaust" and is responsible for a series of
investigations revealing the contents of the International Tracing
Service archives at Bad Arolsen. His stories on the subject can be
viewed at http://www.ibmandtheholocaust.com/BadArolsenArticles.php.