Hans Günter Hockerts, Christiane Kuller. Nach der Verfolgung: Wiedergutmachung nationalsozialistischen Unrechts in Deutschland?. Göttingen: Wallstein Verlag, 2003. 288 S. EUR 20.00, broschiert, ISBN 978-3-89244-625-5.

Reviewed by Gregory Schroeder

Published on H-German (December, 2005)

This remarkable collection of essays, emerg‐ lection does much to correct that imbalance. ing from the third Dachauer Symposium zur Zeit‐ Hockerts's title refers to Wiedergutmachung as geschichte sponsored by the city of Dachau in Oc‐ "ein weites Feld," thus bringing to mind Theodor tober 2002, addresses one of the most important Fontane's masterpiece, Effi Briest. In that novel, yet controversial concepts in post-National Social‐ Ef's father habitually halts uncomfortable dis‐ ist Germany: reparations (Wiedergutmachung) for cussions with the assertion, "Das ist ein weites victims of the Third Reich. One of the pioneers of Feld." Unlike Ef's father, the authors of this col‐ Wiedergutmachung, Franz Böhm, suggested that a lection have explored many diferent aspects of person's views of the Third Reich were refected Wiedergutmachung rather than cite the vastness in his stance on Wiedergutmachung (p. 205); we of the subject as an excuse to avoid unpleasant might say in similar fashion that one's views on topics. They have demonstrated that Wiedergut‐ Wiedergutmachung refected the sort of postwar machung is a broad subject indeed, worthy of Germany he wanted to create. "Making things much study. right again," or the reluctance to do so, has been The collection covers the period 1945-2003, in many respects at the heart of postwar German and its organization is generally chronological. identity. Most essays pertain to the Federal Republic, al‐ Most readers will likely associate Wiedergut‐ though two address the German Democratic Re‐ machung with German-Israeli relations in the public and two examine the post-unifcation peri‐ 1950s, and this should be no surprise. In his intro‐ od. Several essays examine aspects of Wiedergut‐ duction, Hans Günter Hockerts argues that, with machung as ofcial, state-administered programs, the exception of the 1952 agreement with , whereas others investigate non-state initiatives or the history of Germany's Wiedergutmachung has ofer the perspectives of the victims/applicants. been largely neglected and unwritten, a "strag‐ The source bases for the essays include, among gler" among postwar investigations (p. 9). This col‐ others, records from federal agencies, state f‐ H-Net Reviews nance ofces, church archives, letters from vic‐ would shape and complicate Wiedergutmachung tims/applicants, and professional legal journals after 1945. She identifes various "arenas" of per‐ pertaining to Wiedergutmachung. secution (pp. 37-39): in places such as concentra‐ In two introductory essays, editors Hans Gün‐ tion camps, prisons, and medical facilities, and in ter Hockerts and Christiane Kuller provide the interactions with ofcials, within one's profession, framework and foundation, respectively, for the and in public life. The victims were persecuted by collection. In "Wiedergutmachung: Ein umstrit‐ party, state, and "mixed" agencies, with varying tener Begrif und ein weites Feld," Hockerts ad‐ degrees of public support. Kuller emphasizes the dresses the problematic term Wiedergutmachung, great importance of the Second World War, which which draws criticism because of the impossibili‐ radicalized persecution within the Reich and ty of undoing the crimes of the Third Reich. He ar‐ transformed Nazi persecution into a European gues that the term is better understood in a "se‐ phenomenon. In occupied territories, the ideologi‐ mantic context" of associated ideas: to replace (er‐ cally determined character of the war blurred the setzen), to pay (bezahlen), and to atone for (süh‐ boundaries between persecution of civilian popu‐ nen) (p. 10), each of which is part of the concept lations and legitimate acts of war. Persecution "to make good again" (wiedergutmachen). Hock‐ took many forms, ranging from personal humilia‐ erts diferentiates the various forms Wiedergut‐ tion to murder. Most important are Kuller's obser‐ machung has taken in the period 1945-2003: resti‐ vations about the difculties in defning persecu‐ tution (Rückerstattung) for the loss of material tion in the postwar era, especially with respect to property; compensation (Entschädigung) for per‐ the legal concept of "victim of National Socialist sonal damages such as the loss of or damage to persecution" (Opfer nationalsozialistischer Verfol‐ one's health, freedom, or professional existence; gung). For example, it was often difcult to deter‐ privileges and special regulations in areas such as mine eligibility for compensation and, beyond social insurance; judicial rehabilitation, such as that, the nature and extent of damage and sufer‐ the restoration of citizenship; international ing. Furthermore, Wiedergutmachung was de‐ treaties; eforts to promote remembrance; and ini‐ signed to address the needs of German citizens, so tiatives emerging from non-state entities. In addi‐ it excluded the large majority of non-German vic‐ tion, Hockerts identifes recognized and "forgot‐ tims of the Third Reich. The subsequent articles ten" victim groups. This introductory essay pro‐ elaborate the difculties Kuller sketches in her es‐ vides the necessary framework for understanding say. the signifcance of all the other articles (excepting Jürgen Lillteicher's essay "Die Rückerstattung the other introductory piece by Kuller). Hockerts's in Westdeutschland: Ein Kapitel deutscher Ver‐ assertion that Wiedergutmachung has always gangenheitspolitik?" deals with the restitution been "very closely interwoven with the struc‐ component of Wiedergutmachung, the one-time tures, ideas, and interests" prevalent in society at payments for the loss of property. Lillteicher has any given time (p. 8) is supported admirably found a great deal of resistance and a lack of un‐ throughout the collection. derstanding of Nazi crimes on the part of Ger‐ Kuller sketches the historical background in mans, arguing that British and U.S. infuence was "Dimensionen nationalsozialistischer Verfolgung." essential to keep the program on track (p. 68). Oc‐ Its contents will be familiar to most readers who cupation-era restitution laws, reafrmed in a have a solid understanding of the Third Reich, but treaty in 1952 between the Allies and the Federal Kuller's emphasis on the vastness of National So‐ Republic, formed the basis for the Bundesrücker‐ cialist persecution directs attention to aspects that stattungsgesetz (BRüG) of 1957. Lillteicher docu‐ ments the resistance of German ofcials, in partic‐

2 H-Net Reviews ular those in the fnance ofces and the Bundesf‐ justifed police measures; and actions against Je‐ nanzhof, who attempted in the early 1950s to col‐ hovah's Witnesses who refused to take part in the lect back taxes on restored property; the Allied war were considered necessary for the state in High Commission intervened to reverse this poli‐ time of war. There was no uniform practice for cy. Lillteicher fnds further resistance in connec‐ determining whether acts of resistance were wor‐ tion with the Rückerstattungsgeschädigte or thy of compensation, and communists were typi‐ "restitution-damaged": Germans who had ac‐ cally excluded because it was determined that quired the property of victims and were com‐ they had worked in the service of another totali‐ pelled to return or sell back the property to the tarian system. Pawlita argues that the courts act‐ rightful owners. He interprets the organization of ed subjectively and served a state-supporting these people and the political response to their de‐ (staatstragende) function in the early years of the mands (inclusion in the Lastenausgleich) to be an Federal Republic. A relatively restrictive under‐ important sign that Germans rejected the pro‐ standing of persecution served not only fscal but gram of Rückerstattung and even came to view it also political ends; reducing the range of "typical as more of an injustice than the crime that justice National Socialist injustice" allowed the actions of was designed to address (p. 73). the German Reich or nation to be separated from In "Der Beitrag der Rechtsprechung zur the actions of the Third Reich (pp. 99-101). Entschädigung von NS-Unrecht und der Begrif In "Zwei Wege der Wiedergutmachung? Der der politischen Verfolgung," Cornelius Pawlita Umgang mit NS-Verfolgten in West-und Ost‐ demonstrates that, in the absence of clear guide‐ deutschland im Vergleich," Constantin Goschler lines, implementation of compensation compares Wiedergutmachung in East and West (Entschädigung) laws depended greatly on the with respect to the political decision-making pro‐ courts' interpretations. The concept of political cesses behind the compensation, the legal founda‐ persecution as stipulated in the Bunde‐ tions and ideological assumptions of each system, sergänzungsgesetz (BErG) of 1953 posed many and the functioning of the two approaches in ac‐ problems, and it fell to the courts to determine tion. Goschler's approach illuminates two vastly who had been persecuted and who had not. The diferent approaches to Wiedergutmachung, each courts established that to be considered a political clearly rooted in its emerging postwar political persecutee, one had to have acted specifcally system. approached Wiedergut‐ against the Third Reich because of a genuine, in‐ machung with an arcane, bureaucratized struc‐ ner conviction (Überzeugung), and this conviction ture executed by experts and designed to reestab‐ had to have been the cause of the persecution (p. lish bourgeois social relations on the basis of sup‐ 84). The Bundesentschädigungsgesetz (BEG) of port to individuals. The judicial, bureaucratic 1956 addressed the subjective character of politi‐ character of the procedure in the West often pit‐ cal "conviction" and changed the criterion to polit‐ ted victims against the bureaucracy. In contrast, ical "opposition" (Gegnerschaft). Now it was im‐ 's Wiedergutmachung was dominat‐ portant whether the regime considered a person ed by the SED in an attempt to construct and rein‐ to be a political enemy: real, imagined, or entirely force a socialist society. Western Wiedergut‐ "innocent" (pp. 86-87). Important groups fell machung went largely to as victims of the through the cracks for various reasons. For exam‐ Nazis, whereas eastern policy favored commu‐ ple, non-Germans were excluded from the start; nists as anti-fascists. Despite enormous difer‐ victims of sterilization programs were considered ences, each state constructed a system of subject to legitimate eugenics policies; actions Wiedergutmachung that refected its interpreta‐ against the Sinti and Roma were interpreted as tion of the past and its socio-political goals in the

3 H-Net Reviews present. Of all the essays in the collection, this one nated activities. The western group was named will likely provide the greatest stimulus to further Aktion Sühnezeichen Friedensdienste (ASF), the research, because it opens fundamental questions eastern group simply Aktion Sühnezeichen (ASZ); in both Germanies. Stafa emphasizes the ASF and leaves the reader The essays by Lillteicher, Pawlita, and wanting to know more about the ASZ. An impor‐ Goschler emphasize Wiedergutmachung as an of‐ tant component of this work was the volunteer fcial project of the German state, whether East or service to peoples victimized by the Germans dur‐ West. This perspective suggests that the interests ing the war. ASF groups traveled to and worked in of the German state and society were as impor‐ Norway, the Netherlands, Poland, the USSR, Israel, tant as, if not more important than, the interests France, Yugoslavia, and Crete, whereas the ASZ of the victims when it came to developing and im‐ was initially restricted to work within East Ger‐ plementing Wiedergutmachung. In his introduc‐ many but later allowed to serve at concentration tion, Hockerts cites the work of Norbert Frei,[1] camp sites in Poland, Germany, and Czechoslova‐ who interprets the West German Vergangenheit‐ kia (pp. 150-152). Stafa ofers a view of the ASF/ spolitik in the early 1950s as an efort to blur the ASZ that combines theological motivations and boundaries between perpetrators and victims in self-understanding with practical deeds on behalf pursuit of integration and normalcy (p. 8). Lillte‐ of victims. icher interprets Rückerstattung explicitly in these In "Wiedergutmachung von unten? Katholis‐ terms (p. 62), Goschler points to the integrative che Vergangenheitsbewältigung und die Entste‐ function in both states (p. 121), and Pawlita's sub‐ hung des Maximilian-Kolbe-Werkes," Süß ex‐ ject lends itself to similar considerations. plores a Catholic counterpart to the ASF/ASZ. The Christian Stafa and Dietmar Süß examine ef‐ Maximilian-Kolbe-Werk (MKW), founded in 1973, forts by members of the Protestant and Catholic was shaped by the discussions, membership, and churches, respectively, to foster reconciliation and initiatives of the Pax Christi peace movement in Wiedergutmachung directly, without intervention the early postwar era (pp. 159-164). Süß argues by or sponsorship of the government. In these cas‐ that by the early 1970s, the Catholic milieu had es, the self-critical impulse came from a small shifted attention from its own sufering under group within the church that recognized the need Nazism to the sufering of foreign victims of Nazi to focus attention on non-German victims. Both terror. As an act of solidarity, the MKW directed eforts faced some cynicism on the part of victims, its eforts toward providing material support to however, who feared that relatively "inexpensive" Polish victims, whether Jewish or Christian, of the private, religious acts might be substituted for concentration camps (p. 165). Süß demonstrates more substantial Wiedergutmachung on the part that the MKW worked not only to provide materi‐ of the German state (pp. 150, 162). Stafa's "Die al aid, frst to Poles and then to victims in the for‐ 'Aktion Sühnezeichen': Eine protestantische Initia‐ mer Soviet states, but also to address the moral tive zu einer besonderen Art der Wiedergut‐ and ethical questions arising from the crimes of machung" investigates the foundation and work the regime. The MKW was therefore involved in of a group that organized itself on the theological eforts to achieve reconciliation by stressing the concept of atonement (Sühne) toward the nations perspective of victims and organizing youth trips and peoples who had sufered under Nazi rule (p. to sites of Nazi terror and encounters with sur‐ 146). The group was organized in both Germanies vivors. in the late 1950s, but Cold War politics after the The case studies by Stafa and Süß open a fas‐ construction of the Berlin Wall prevented coordi‐ cinating set of possibilities for research into areas

4 H-Net Reviews such as the work of other private groups, the mo‐ Tobias Winstel's "Über die Bedeutung der tivations of citizens, and relations between Ger‐ Wiedergutmachung im Leben der jüdischen NS- mans and non-Germans below the level of ofcial Verfolgten: Erfahrungsgeschichtliche Annäherun‐ government actions. gen" explores the impact of Wiedergutmachung Despite their diferent emphases, the next from the perspective of the Jewish victims who re‐ two contributions ofer important insights into ceived support. He ofers a framework of three in‐ the personal, rather than only bureaucratic, side terrelated concepts to evaluate Wiedergut‐ of the persecution and postwar Wiedergut‐ machung: reconciliation, rehabilitation, and com‐ machung. In "Konfrontationen: Biographische pensation. Reconciliation as a process of engage‐ Zugänge zu Verfolgern und Verfolgten zwischen ment and understanding in the early postwar Raub und Rückerstattung," Alfons Kenkmann ex‐ years was made difcult by a general unwilling‐ plores the lives of two individuals to explain how ness on the part of West German society to ac‐ fnance ofces took part in the persecution of Ger‐ knowledge guilt and by the reluctance of many man Jews. Irmgard Baer and her family in Biele‐ victims to accept "blood money" from the perpe‐ feld were systematically impoverished by restric‐ trators. Furthermore, the very process of tions on their wealth, and all were murdered by Wiedergutmachung transformed the individual, 1942. Kenkmann demonstrates that between 1936 lived experiences of victims into bureaucratic, le‐ and 1940, the Baer family dealt repeatedly with gal confrontations that often left victims unsatis‐ the Westphalian State Finance Ofce, especially fed. Winstel argues, however, that the process of the section for foreign exchange headed by Hein‐ Wiedergutmachung actually served to rehabilitate rich Heising. Heising was appointed during the victims, for the legal proceedings acknowledged Weimar era, continued to serve through the Third the victims' sufering and reestablished their Reich, and remained in place in the Federal Re‐ membership in a system of law and justice (pp. public, enjoying a successful career path and pro‐ 210-211). Despite the many disappointments for motions. Kenkmann argues that Heising and his applicants, Wiedergutmachung did ofer the pos‐ ofce facilitated the Nazi persecution of Jews and sibility of "repairing" their damaged identities. Fi‐ then participated in the "second mocking of the nally, Winstel argues clearly that the material victims" (p. 187) by challenging their claims for compensation was enormously important for the Wiedergutmachung after 1945. As a member of Jewish recipients, for in the context of postwar the post-Nazi bureaucracy involved with restitu‐ devastation and poverty, the payments, pensions, tion, Heising, like many Germans, equated "Ger‐ and services provided stability and security that man sufering" in the war with the crimes against should not be underestimated. It is, therefore, the the victims of the Third Reich. This essay ofers totality of Wiedergutmachung as examined here, important insights into the continuity of the Ger‐ argues Winstel, that constitutes the efect of man bureaucracy and its ability to foster Nazi Wiedergutmachung for the victims (p. 220). criminality even in the absence of a commitment The last two essays examine the expansion of to Nazi ideology (p. 189). Compared to the other the ofcial program of Wiedergutmachung in the contributions, however, its connection to 1990s to include foreign forced laborers. Barbara Wiedergutmachung is the most tenuous, for the Distel presents cases of eastern European appeals emphasis of the article clearly falls on the period in "Hilferufe nach Dachau: Lücken im Netz der of the robbery (cf. title). Given its content and the Entschädigung," characterizing the fate of the So‐ era under discussion, it probably should precede viet KZ prisoners as a topic that vanished from the essays by Lillteicher and Pawlita. the consciousness of West Germany and the West in general after 1945 (p. 229). After the fall of the

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Berlin Wall and the collapse of the , ernment in the late 1990s, and the threat of class- however, eastern Europeans began to contact action lawsuits in the United States. Saathof ar‐ Germany to gain compensation for their forced la‐ gues that the central point of the agreement to bor under the Third Reich. Distel examines ap‐ create the foundation was the combination of hu‐ peals made to the KZ Dachau by Soviet survivors manitarian aid for the victims and legal guaran‐ of the camp, citing letters in the 1990s from post- tees for the state and German industry that no Soviet states such as Ukraine. These letters de‐ further claims would be made; the declaration by scribe the often pitiful circumstances of the au‐ the United States to make no more reparations thors, who returned to a destroyed land and lived claims against Germany was decisive (pp. 243-244, under suspicion because of their time in Nazi Ger‐ 248). The primary benefciaries are civilian forced many. After the collapse of Soviet social security laborers, but other damages and victims are in‐ structures, these people found themselves in un‐ cluded as well: Jews, Sinti and Roma, victims of tenable circumstances and turned to Germany medical experiments, and KZ and ghetto prison‐ (pp. 230-231). Distel outlines early eforts by the ers. The aid is distributed by the International Or‐ Förderverein für Internationale Jugendbegeg‐ ganization of Migration, the Jewish Claims Confer‐ nung in Dachau and the staf of the memorial site ence, and agencies in several eastern European at Dachau to sponsor visits by former prisoners to countries. Saathof estimates that by the end of the camp, provide material aid, and collect money 2002, 1.95 billion euros will have been paid to for those in need in their home countries. She ar‐ 1,135,000 victims in 73 countries (pp. 251-252). In gues convincingly that the recognition of the vic‐ addition, the foundation created a fund named tims' sufering was an important part of the efort. "Erinnerung und Zukunft" to keep alive the mem‐ With the creation of the foundation "Erinnerung, ory of victims and to promote understanding Verantwortung und Zukunft" in 2000, the federal among peoples, international cooperation, and government and industry established formal com‐ the "interests of survivors of the National Socialist pensation (Entschädigung) for KZ victims. The regime" (p. 255). foundation has functioned successfully, but its Saathof concludes his essay with a set of nine work has been hampered by signifcant problems theses pertaining to the larger project of such as incomplete records for many victims and Wiedergutmachung, and in many respects, his questionable distribution of funds to the victims theses serve well as a conclusion to the entire col‐ in their home countries. Distel's work provides an lection. He comments upon the fundamentally essential and humane perspective into the lives of moral aspect of the debates, the ideological cur‐ victims who had been truly marginalized if not rents that defned positions, and the expanding entirely ignored in postwar discussions of guilt, understanding of "victims." Perhaps his most im‐ responsibility, and "making things right again." portant conclusion concerns the "change of val‐ Günter Saathof's "Entschädigung für ues" (Wertewandel) that occurred over the course Zwangsarbeiter? Entstehung und Leistungen der of the postwar era: whereas the Germany of the Bundesstiftung 'Erinnerung, Verantwortung und 1950s did not support compensation of victims of Zukunft' im Kontext der Debatte um die 'vergesse‐ National Socialism, the Germany of the late 1980s nen Opfer'" continues where Distel's essay leaves and 1990s had undergone a political transforma‐ of and characterizes the creation of the founda‐ tion and sought to compensate those who had tion in 2000 as long overdue. The foundation re‐ been passed over after decades of Wiedergut‐ sulted from debates over "forgotten victims" in machung (pp. 263-264). the mid-1980s, increasing pressure on behalf of forced laborers, the new SPD-Green coalition gov‐

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The collection is not exhaustive, nor does it claim to be. It does not, for example, discuss the 1952 agreement with Israel, although some greater attention to this subject would have pro‐ vided a fuller overall picture of Wiedergut‐ machung. More emphasis on the victims' perspec‐ tive, beyond the valuable insights by Winstel and Distel, would be welcome as well. The collection does, however, ofer an intriguing defnition of Wiedergutmachung. By considering topics far be‐ yond the 1952 accord, the authors argue that Wiedergutmachung is a long-term process that has manifested itself in many ways. Beginning with state-sponsored programs, many of them ex‐ ecuted without public support or interest, it devel‐ oped into a more widely accepted set of initiatives that strove both to expand the understanding of National Socialist persecution and to respond morally and humanely to the crimes of the past. Hockerts's notion of the broad "semantic context" underpins this understanding of Wiedergut‐ machung, and several of the other authors (e.g., Stafa, Süß, Winstel, and Saathof) demonstrate clearly the interaction of replacement, payment, and atonement in specifc cases. Although the col‐ lection supports Frei's arguments about Vergan‐ genheitspolitik in the 1950s, it also documents the sorts of developments that enabled the Werte‐ wandel posited by Saathof. Nach der Verfolgung is a fne collection whose individual components ft together very well. It provides a valuable overview and maps impor‐ tant directions for other scholars. Note [1]. Norbert Frei, Vergangenheitspolitik: Die Anfänge der Bundesrepublik und die NS-Vergan‐ genheit (Munich: C. H. Beck, 1996). In translation: Norbert Frei, Adenauer's Germany and the Nazi Past: The Politics of Amnesty and Integration, translated by Joel Golb (New York: Columbia Uni‐ versity Press, 2002).

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Citation: Gregory Schroeder. Review of Hockerts, Hans Günter; Kuller, Christiane. Nach der Verfolgung: Wiedergutmachung nationalsozialistischen Unrechts in Deutschland?. H-German, H-Net Reviews. December, 2005.

URL: https://www.h-net.org/reviews/showrev.php?id=11277

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