Final Report of the Independent Commission of Experts Switzerland – Second World War Schlussbericht der Unabhängigen Expertenkommission Schweiz – Zweiter Weltkrieg Rapport final de la Commission Indépendante d'Experts Suisse – Seconde Guerre Mondiale Rapporto finale della Commissione Indipendente d'Esperti Svizzera – Seconda Guerra Mondiale Final Report of the Independent Commission of Experts Switzerland – Second World War Members: Jean-François Bergier, Chairman Wladyslaw Bartoszewski Saul Friedländer Harold James Helen B. Junz (from February 2001) Georg Kreis Sybil Milton (passed away on 16 October 2000) Jacques Picard Jakob Tanner Daniel Thürer (from April 2000) Joseph Voyame (until April 2000) Independent Commission of Experts Switzerland – Second World War Switzerland, National Socialism and the Second World War Final Report PENDO Secretary General: Linus von Castelmur (until March 2001), Myrtha Welti (from March 2001) Scientific Project Management: Stefan Karlen, Martin Meier, Gregor Spuhler (until March 2001), Bettina Zeugin (from February 2001) Scientific-Research Adviser: Marc Perrenoud ICE Database: Development – Management: Martin Meier, Marc Perrenoud Final Report Editorial Team / Coordination: Mario König, Bettina Zeugin Production Assistants: Estelle Blanc, Regina Mathis Research Assistants: Barbara Bonhage, Lucas Chocomeli, Annette Ebell, Michèle Fleury, Gilles Forster, Marianne Fraefel, Stefan Frech, Thomas Gees, Frank Haldemann, Martina Huber, Peter Hug, Stefan Karlen, Blaise Kropf, Rodrigo López, Hanspeter Lussy, Sonja Matter, Philipp Müller, Kathrin Ringger, Sandra Ryter, Christian Ruch, Gregor Spuhler, Stephanie Summermatter, Esther Tisa Francini, Ursula Tschirren Proofreading: Ivars Alksnis Copy Editor: Gary Fliszar Translations: Rosamund Bandi, Hillary Crowe, Ian Tickle, Susan Worthington English version has been translated from German and French original texts Additional Information: www.uek.ch, www.pendo.de © Pendo Verlag GmbH, Zürich 2002 ISBN 3-85842-603-2 Preface This book focuses on Switzerland throughout the years of National Socialist dictatorship in Germany and during the Second World War in general. As a historical investigation, it also examines how this past was dealt with in the post- war era. It thus has relevance to the present day, for this history continues to have an impact be it on current debates and decisions or on concepts for the future. On the following 525 pages, the research results compiled by the Independent Commission of Experts Switzerland – Second World War (ICE) during its five years of existence are summarised and placed in an international context. In the months prior to the ICE’s appointment in late 1996, the debate on the gold transactions between the Swiss National Bank and National Socialist Germany and the dormant assets in Swiss banks had unexpectedly came to a head. In light of the growing criticism from the outside at that time, the Swiss Parliament and the Federal Council decided to investigate these accusations, which had never ceased during the post-war period. The ICE was mandated to conduct a historical investigation into the contentious events and incriminating evidence. Article 1 («Subject») of the Federal Decree of 13 December 1996, which was adopted unanimously by both houses of Parliament – the National Council and the Council of States – defines this task as follows: «Investigations shall be conducted into the scope and fate of all types of assets which were either acquired by banks, insurance companies, solicitors, notaries, fiduciaries, asset managers or other natural or legal persons or associations of persons resident or with headquarters in Switzerland, or which were transferred to the aforemen- tioned for safekeeping, investment or to be forwarded to third parties, or which were accepted by the Swiss National Bank.»1 The appointment of such a Commission was an unprecedented step. In a situation which was widely regarded as a domestic and foreign policy crisis, further measures were adopted soon after spring 1997; firstly, there was the Memorandum of Understanding which created the basis for the mandate for the Independent Committee of Eminent Persons (ICEP, known as «Volcker Committee»); secondly, the banks, industrial enterprises and the Swiss National Bank provided the finances for the Swiss Fund for Needy Victims of the Holocaust/Shoah (Schweizer Fonds zugunsten bedürftiger Opfer von Holocaust/Shoah); and thirdly, the then Federal President Arnold Koller announced the Swiss Solidarity Foundation (Stiftung solidarische Schweiz) on 5 March 1997, although at the time of this report’s publication, it is still unclear when this Foundation is likely to begin its work. The recognition that Switzerland needed to take a number of courageous steps to face up to the problems of its past and develop innovative ideas for the present and future was reflected, above all, in the framing of the Federal Decree to establish the ICE. This parliamentary decree constituted a significant break- through in that it facilitated access to private company archives – held by banks, insurance companies and industrial enterprises as well as natural persons – which had so far as a rule not been made available to historians. There had been no comparable public law intervention in private law since 1945/46, when Switzerland – under pressure from the Allies – was compelled to freeze and register German assets and make restitution for looted assets. Neither banking secrecy nor other legal provisions governing access to archives were allowed to impede the work of the Commission and its staff. All Swiss companies which had operated during the period in question were banned from destroying any files of relevance to the ICE. In return, all persons involved in the research project were bound by official secrecy and were thus required to treat all infor- mation with professional discretion. To guarantee transparency, the Swiss Government pledged to publish the Commission’s research findings in full.2 This provision made it easier for the ICE to withstand political pressure and carry out research freely and at its own discretion. With the Federal Council Decree of 19 December 1996, the nine members of the Commission were appointed. Wladislaw Bartoszewski, Saul Friedländer, Harold James, Georg Kreis, Sybil Milton, Jacques Picard, Jakob Tanner and Joseph Voyame were assigned to assemble themselves under the chairmanship of Jean-François Bergier, to devise a research programme to implement the mandate, and to carry out the historical and legal research.3 Linus von Castelmur took on the role of Secretary General. In spring 2000, Joseph Voyame was succeeded by Daniel Thürer, who specialises in constitutional and international law. In June 2000, Wladislaw Bartoszewski was appointed Polish Foreign Minister and – while remaining a member of the ICE – could no longer play an active part in coordinating the research work. With Sybil Milton’s death in autumn 2000, the Commission lost a highly competent scholar and a stimu- lating and charming personality. In February 2001, the Federal Council appointed the economist Helen B. Junz as her successor. In April 2001, Myrtha Welti succeeded Linus von Castelmur as Secretary General. As regards the research programme’s content, the Swiss Government broadened the parameters set by Parliament as early as 1996 and identified other sensitive issues such as economic relations, arms production, «Aryanisation measures», the monetary system and refugee policy as areas which – logically – were pertinent to the investigation of Switzerland’s role during the period 1933–45. The Commission took the view that it should also examine the exploitation of forced labour by Swiss companies in Germany and other Nazi controlled terri- tories – an issue which had become the focus of renewed debate. The research mandate also focused explicitly on the post-war period and especially on issues concerning the restitution of assets, the handling of property claims and – more generally – how Switzerland has dealt with its past and its memory thereof. In spring 1997, at the ICE’s request, Parliament substantially increased the Commission’s initial budget of 5 million francs and commited itself to allocating 22 million francs. With these financial resources, a research organi- sation was set up under Jacques Picard and a research project elaborated.4 In Berne and Zurich, different teams examined and evaluated source material held in private and public archives. At the same time, the ICE commissioned a number of experts to deal with specific issues; in particular, they included Marc Perrenoud, who acted as scientific advisor for the various part-projects, and Benedikt Hauser, who coordinated research in private archives. Research teams also worked in archives in Germany, the USA and other countries; in Italy, Israel, Austria, Poland and Russia, the ICE employed individual researchers on a commission basis. In total, more than 40 researchers collaborated on the project – mainly on a part-time basis – during the two most intensive years of work in Swiss and foreign archives (cf. list of researchers in the Appendix). In 1998, at the Federal Council’s request, the ICE published its interim report on the gold transactions between the Third Reich and the Swiss commercial banks and the Swiss National Bank. This was followed a year later by the report on «Switzerland and Refugees in the Nazi Era». Seven teams worked on themes relevant to the ICE’s mandate, especially the role of the