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61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

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Holocaust and the context of the Second World War. In doing so, we are less<br />

interested in the question of the extent to which the war facilitated governmentbacked<br />

mass murder under Hitler. Rather, we are concerned with Switzerland’s<br />

response to this dual catastrophe and the question of how deeply it was involved.<br />

A historical depiction integrating the Holocaust produces interpretations<br />

different from one limited to the challenges posed by the war. As far as the war<br />

years are concerned, the prevailing opinion in Switzerland was that the country<br />

had passed the test. On the other hand, the question as to what extent<br />

Switzerland was involved in the Holocaust has given rise to considerable<br />

vexation and in most cases bewildered defensiveness. It is not easy to shed light<br />

on this relationship in an adequate manner, and yet any investigation of the<br />

treatment of refugees and the property of the Nazi regime’s victims<br />

undoubtedly refers us to this investigative context.<br />

When it started work in early 1997, the ICE found that Swiss historiography<br />

dealing with the Nazi period had focused heavily on the context of war. Whether<br />

it was positive about the country or critical of society, the question as to how<br />

Switzerland responded to the injustice created by the Nazi regime concentrated<br />

much more heavily on the decision-makers (who tended to be let off lightly in the<br />

former case and criticised in the latter) than on the victims of the Holocaust and<br />

the related problem of restitution. The question of why there was such strong<br />

resistance in Switzerland to legislation affecting private law with the aim of<br />

protecting the victims of National Socialism was seldom asked. In the investigations<br />

connected with the Washington Agreement of May 1946 and the analysis<br />

of the execution of the provisions concerning German assets in Switzerland which<br />

continued until 1952, the victims’ perspective also received only scant attention.<br />

Hence for example, no mention was made of the fact that Switzerland had made<br />

an unpublished declaration, which it did not then fulfil, to look into the question<br />

of «assets of deceased and heirless Nazi victims» on its territory. 15 There are no<br />

signs of any international comparative analysis of post-war legislation with<br />

respect to looted assets in different countries. Neither is there any research into<br />

the involvement of Swiss companies in the «Aryanisation» of the German<br />

economy or the corporate policy of the Swiss insurance industry in the Third<br />

Reich. The «Federal Decree on the Registration of Dormant Accounts» which<br />

came into force in 1962 after many false starts and which – in the words of the<br />

Federal Council – was intended to refute any suspicion that Switzerland had<br />

«intended to enrich itself from the assets of the victims of contemptible events» 16,<br />

was likewise not subject to any historical investigation – although it was clear<br />

that it could not be used to find an acceptable solution with regard to the property<br />

rights of Holocaust victims. The ICE’s mandate was formulated in such a way as<br />

to take these shortcomings into account.<br />

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