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Ben Ferencz stayed in Germany to win restitution for victims

After Nuremberg, Ben Ferencz spent a decade in Germany setting up programs to return looted property and compensate victims of Nazi persecution, and helped shape the 1953 restitution law.

Benjamin Ferencz
Benjamin Ferencz · 1920–2023
Person
Benjamin Ferencz
Lived
1920–2023
Field
International law
From
American

The story

When the Nuremberg trials ended, Benjamin Ferencz did not go home. Only 27 when he had prosecuted the Einsatzgruppen case, he stayed in Germany with his wife Gertrude, whom he had married in New York in 1946. The crimes he had documented had robbed millions of people of their lives, homes, businesses and savings, and he believed the survivors deserved more than verdicts against their persecutors.

Ferencz was recruited to lead an effort to return property seized by the Nazis to its owners or their heirs. With Kurt May and others he helped set up reparation and rehabilitation programs for victims of Nazi persecution. It was difficult and at times dangerous work, carried out in a country still recovering from the war.

He was also called in to help negotiate the reparations agreement between Israel and West Germany, signed on September 10, 1952, and he had a part in the first German Restitution Law of 1953. Under these arrangements the German government agreed to compensate Holocaust victims around the world. Ferencz also pressed the Germans to agree to maintain cemeteries where Holocaust victims were buried. According to the Claims Conference, roughly $90 billion has since been distributed to Holocaust survivors.

Ferencz returned to the United States in 1956, by then with four children. In private practice he continued to pursue claims of Jewish forced labourers against the Flick industrial concern, whose leaders had been tried at Nuremberg. He observed how often perpetrators came to see themselves as victims. He later told the story of these struggles in his book Less Than Slaves: Jewish Forced Labor and the Quest for Compensation (1979), which won a National Jewish Book Award in the Holocaust category.

The restitution and compensation systems Ferencz helped build did not undo the crimes of the Holocaust, but they gave survivors practical help and a formal recognition of the wrongs done to them. They reflected Ferencz's lifelong view that justice must serve the living as well as remember the dead.

Why it matters

The restitution and compensation systems Ferencz helped build brought material help and a measure of recognition to Holocaust survivors around the world.

About Benjamin Ferencz

At 27, in his first case, chief prosecutor of the Einsatzgruppen trial at Nuremberg; he spent the rest of his 103 years campaigning for an International Criminal Court.

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Benjamin Ferencz
1920–2023 · International law
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Another act of tikkun olam. This is part of tikkun olam, the Jewish idea of repairing the world, and every one of us can add to it.

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