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61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

61340 Vorabseiten_e - Unabhängige Expertenkommission Schweiz

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claims.» 20 This indicates that the rejection of a claim for «Wiedergutmachung»<br />

enjoyed a broad consensus.<br />

From the fact that Switzerland had not been occupied and remained outside the<br />

Nazi sphere of control, not a few people deduced that the country had nothing<br />

to do with the issue and, even if it had, it would also be entitled to claim<br />

compensation for property lost in the war. From this point of view, claims for<br />

«Wiedergumachung» were to be addressed strictly to the Federal Republic of<br />

Germany (as the constitutional successor to the German Reich), which in turn<br />

should seek recourse from Swiss judicial entities where the claims could be<br />

legally processed.<br />

After 1945, the perception of injustice was only slight in Switzerland. Restitution<br />

was provided – as was the case with the Washington Agreement –<br />

partially and in response to external pressure. However, people wanted nothing<br />

to do with «Wiedergutmachung». This rejection also implicitly involved the<br />

repression of the close economic ties at all levels between Switzerland and<br />

Germany. Criticism of compensation and restitution payments all too readily<br />

gave way to anti-Semitic stereotypes: «Jews are only interested in money» is a<br />

frequently heard cliché which anew inflicts injury upon the victims and their<br />

descendants who are seeking justice. In 1952, Jakob Diggelmann, then<br />

president of the legal commission of the Swiss Bankers Association, stated that<br />

demands for a Registration Decree on unclaimed (also referred to as «heirless»)<br />

assets had entered «an acute stage»:<br />

«The Federation of Jewish Communities is not concerned with transferring<br />

heirless assets to possible claimants but is endeavouring to establish such<br />

heirless property in a special procedure so as to benefit by taking possession<br />

of it. The actions of the opposing party therefore constitute a veritable raid<br />

on assets lying in Switzerland.» 21<br />

Yet Switzerland’s efforts – for instance in the context of the Federal Council’s<br />

Decrees on Looted Assets («Raubgutbeschlüsse») of December 1945 and February<br />

1946 – are part of the international process of «Wiedergutmachung» which<br />

commenced in almost all European countries after the war, in which significant<br />

time-lags and disparities occurred – as again shown precisely in the case of<br />

Switzerland.<br />

From the primacy of reparations to the repayment of pre-war and post-war debts<br />

Reparations involve the «unilateral transfer of economic assets from the<br />

defeated country to the victorious country after a war». 22 Reparations claims are<br />

therefore claims from government to government and do not concern the<br />

429

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