Vol. IX No.10
October 2004

HERZFELD & RUBIN, P.C. LAWYERS PROFESSIONAL CORPORATION
IN ASSOCIATION WITH
RUBIN MEYER DORU & TRANDAFIR

Romania and the Holocaust: the Right Steps in the Right Direction

INSIDE:
Romania and the Holocaust: the Right Steps in the Right Direction
Restitution Still a Shame
 
Introduction
Sixty-four years after the murder of hundreds of thousands of Romanian and Ukrainian Jews, Romania appears to finally be ready to acknowledge a not so glorious page of its past. Although it took almost fifteen years for the post-communist government of Romania to decide to honor the Jewish and Roma victims of the World War II regime of Marshal Ion Antonescu, this month will mark the first of an annual commemoration of the victims of the Holocaust in Romania.

[ Up to Contents ]

The Romanian Holocaus
Ion Antonescu was one of Nazi Germany’s main allies. He caused Romania to become a member of the Axis and made it Germany’s mainstay on the Eastern front. Antonescu initiated pogroms against the Jews, caused massive human massacres, and instituted the full scale deportation of the Romanian Jews from Bessarabia and Bukovina. Antonescu’s troops participated in mobile killing operations. He also handed over Romanian Jews to the Germans in the Ukraine and in Western Europe. Antonescu and his regime are directly responsible for the deaths of at least 270,000 Romanian and Ukrainian Jews. He is also responsible for the deportation of 25,000 Roma to Transdniestria of which perhaps half perished there. Ion Antonescu’s direct involvement in the Romanian Holocaust is beyond peradventure. It is proven both through testimony and by voluminous documentation originating from the state archives of Romania, Moldova and Ukraine.

One of the main features of Romania’s genocidal policies during World War II was the swift physical destruction of Romanian Jewry based on selective geographical criteria. The policies of destruction of the Romanian Jews were implemented heavily and rapidly by the Romanian government at the beginning of the war, especially in Bessarabia, Bukovina and Transdniestria (the territory between the Dniester and the Bug rivers then under Romanian occupation), but ended slowly in 1943. It was not the rabidly anti-Semitic Iron Guard, but the Romanian army and gendarmerie that carried out the massive destruction of Romanian and Ukrainian Jewry. Most of the time there was no coordination of Romanian and German policies in this matter. Roughly half of Romanian Jewry, about 375,000 people, survived the war.

The communist regimes that followed the war sought to blame the genocidal crimes of World War II upon the Hungarians and the Germans. Romania’s role in the Holocaust was obfuscated by the communists to such an extent that following the overthrow of Ceausescu, most Romanians simply could not believe the factual evidence of the nation’s crimes against humanity that were coming from Romania’s own archives. When the leader of Romania’s Jewish community, Rabbi Moses Rosen, spoke publicly of the extent of Romania’s participation in the Holocaust, even well-educated Romanians believed his words to be anti-Romanian propaganda. Rosen was vilified while the perpetrators of these crimes were ignored, rehabilitated and, even worse, honored.

[ Up to Contents ]

After Ceausescu
After the fall of Nicolae Ceausescu, a strong xenophobic and anti-Semitic campaign unfolded in Romania generated by an alliance of several extreme right and extreme left political parties linked with the unreformed and nostalgic elements from the former Securitate, the feared secret police of the communist regime. Their aim was to isolate Romania and to terminate its political and economic reform in order to establish their absolute control as far removed as possible from the Western world. In order to achieve their goals these political groups presented foreigners in general and ethnic minorities in particular, including Jews, as responsible for all the difficulties which Romania was facing. Following a sadly old and solid Romanian anti-Semitic tradition, this campaign found followers in the mainstream political parties, in the government and in the opposition. The rehabilitation of Ion Antonescu and his regime was one of the key elements of this campaign.

In June 1991, the commemoration of the pogrom of Iasi gave pretext to a new wave of anti-Semitism and Holocaust denial, which was not restricted to Romania’s political extremes. As a result, in July 1991, the US Congress passed Resolution 186 which condemned anti-Semitism and chauvinism in Romania. The resolution criticized the Romanian parliament which instead of condemning ethnic hatred and anti-Semitism, “. . . stood in a moment of silence recently for the extreme nationalist Ion Antonescu who was responsible for the murder of approximately 250,000 Romanian Jews and was executed as a war criminal.”

On October 22, 1993, exactly one day after the U.S. Congress granted Romania Most Favored Nation treatment, members of the Romanian police erected the first statue of Ion Antonescu on public land in the town of Slobozia in the presence of a member of the government. Other monuments dedicated to Ion Antonescu were put in Jilava (the place of his execution) and Piatra Neamt, also on public land. One of the biggest military cemeteries in Letcani, near Iasi, the town were Antonescu was directly involved in the massacre of thousands of Jews, was renamed Marshall Ion Antonescu. In many Romanian towns, streets were also named after him. On June 1, 1999, the Romanian Senate, the upper house of the Romanian Parliament, honored Ion Antonescu and held one minute of silence in his memory. That, incidentally, occurred when the Parliament was being led by a reformist coalition.

As early as 1993, the State Department officially warned the Romanian authorities in writing about this intolerable situation “ . . . expressing concern about the erection of a monument to Marshall Antonescu who as dictator of Romania between 1940 and 1944 was responsible for war crimes in Bessarabia and Ukraine.” Many letters of protest from the US Congress followed.

The case of Romania was certainly unique. Nowhere in Europe after World War II had a mass murderer who was Hitler's faithful ally until his last day in power, been honored as a national hero, with public monuments and streets named after him. When confronted with the embarrassing reality of the rehabilitation of a mass-murderer and of his criminal government, some Romanian politicians made declarations of good will -- but when it came to action against this rehabilitation, their deeds were minimal or non-existent. It was clear that many members of Romania’s political class hoped that their country could join NATO, the European Union and other Western economic and political organizations without confronting their past or dealing with the xenophobic manifestations of the post-communist period.

Romania reached this intolerable situation due to the ignorance and the duplicity of its post-communist political class. Ignorance— because access to information about the crimes committed by the Antonescu regime was initially severely restricted and because the Romanian politicians and media kept repeating ad nauseum, the propagandistic clichés of the extremist circles about Antonescu and his regime without bothering to check the accuracy of their own statements. Duplicity — because in a political climate saturated by nationalistic demagogy, very few Romanian political leaders were initially ready to oppose the extremist parties and their representatives. Furthermore, in a country then still far away from the NATO and EU membership, the same mainstream politicians were not ashamed to strike electoral alliances with the extremist parties in order to remain in power.

[ Up to Contents ]

Ending the Cult of Antonescu
Of course, Romanians have the prerogative to choose their national symbols. However, Romanian politicians slowly came to the understanding that the Western World also had the right to reject those who rehabilitate and glorify mass-murders. Moreover, a fraction of these politicians and part of the Romanian media realized that from a historical and political point of view, the rehabilitation of Antonescu and his regime was an aberration which threatened the health of Romania’s new democracy. Rather timidly at the beginning, and more boldly later on, these political leaders began to oppose the cult of Antonescu.

This struggle was not without hesitations and missteps. Good deeds such as the condemnation of Antonescu’s crimes, and the dismantling of most of the monuments dedicated to the Romanian fascist dictator, were followed by monumental gaffes which triggered Israeli diplomatic protests. For example, prominent Romanian political leaders denied the existence of the Holocaust on the territory of Romania, or the existence of any Romanian perpetrators beyond the small circle or rulers around Antonescu. There are still streets named after Ion Antonescu in Cluj, Targu Mures, and Campulung-Muscel in defiance of a recently adopted law forbidding such commemorations. A huge cross erected on public land still honors Ion Antonescu on the very place of his execution, while the very few monuments dedicated to the victims of the Romanian Holocaust which exist on the territory of today’s Romania are neglected. At the central government headquarters, Ion Antonescu’s portrait still hangs near the portraits of the other former Romanian prime ministers, some of them victims of his regime. (It is not even remotely conceivable that a portrait of Adolf Hitler would hang in a German Chancellor’s office, but in Romania, it’s still there.) And two of the alleged main implementers of the Holocaust in Romania, Radu Dinulescu and Gheorghe Petrescu, who played the role of the Romanian Eichmanns during the deportation of the Jews from Bessarabia and Bukovina, still benefit from their 1997-1998 rehabilitation.

[ Up to Contents ]

Winds of Positive Change
And yet, something seems to have fundamentally changed in today’s Romania when it comes to the history of the Holocaust and its memory. Government archives are providing access for Romanian and foreign researchers to a wealth of information dealing with the Holocaust years. European inspired legislation forbids the cult of war criminals and Holocaust denial. After a highly controversial interview with the Israeli daily Ha’aretz, President Ion Iliescu created the International Commission on the Holocaust in Romania under the chairmanship of Nobel Prize Laureate Elie Wiesel. The creation of the Commission, which is supposed to present its final report before the end of the year, was an act of courage.

The Romanian Ministry of Education is developing a curriculum on the Holocaust and high school teachers are being trained and encouraged to teach this subject. The Romanian National Defense College also teaches an annual class about the Holocaust. In consultation with the Federation of the Romanian Jewish Communities, the Romanian government established October 9 as the National Remembrance Day for the victims of the Holocaust in Romania. For the first time in the history of Romania the victims of the Holocaust will be commemorated this year in a dignified way nationwide.

Romania is finally facing one of the most painful chapters of its history. It is an unavoidable process that is part of the route through which the country must journey as it joins the family of modern and democratic countries.

[ Up to Contents ]

Restitution Still a Shame

When we referred to Romania’s Restitution Law 10/2001 as a “Smecherie” — a delicious Romanian word that means a ruse — in the March 2001 issue of The Romanian Digest, senior members of the Government telephoned us to holler foul. But no one else doubted the veracity of our assessment. Now it may even be difficult for the Romanian government to proclaim that it’s restitution effort is sincere. In four and a half years, less than 10% of the approximately 200,000 claims for the return of properties abusively confiscated by the communist-regime have been resolved.

Claims are either ignored by local authorities or denied, often upon specious grounds. Dilatory tactics are particularly cruel because so many of the claimants are elderly. As each year goes by, more die and their estates give up the recovery effort. The authorities delay prevents claimants from pursuing their remedies within the Romanian judicial system because the claim has not yet been administratively concluded. This is a prerequisite to the commencement of an action before the European Court of Human Rights, where a claimant must first exhaust his nation’s judicial remedies. However, since justice delayed is justice denied, a proper showing in Strasbourg could lead to a flood of claims. Isn’t this something that Romania should try to avoid before it begins?

[ Up to Contents ]

Editors Note: It is our policy not to mention our clients by name in The Romanian Digest™ or discuss their business unless it is a matter of public record and our clients approve. The information herein is correct to the best of our knowledge and belief at press time. Specific advice should be sought from us, however, before investment or other decisions are made.

Copyright 2005 Rubin Meyer Doru & Trandafir, societate civila de avocati. All rights reserved. No part of The Romanian Digest™ may be reproduced, reused or redistributed in any form without prior written permission from the publisher.

 
RUBIN MEYER DORU & TRANDAFIR
societate civila de avocati
Str. Putul cu Plopi, Nr.7, Sector 1
Bucharest, Romania
Tel: (40) (21) 311 14 60
Fax: (40) (21) 311 14 65
E-Mail: office@hr.ro




VISIT OUR WEB SITE:
http://www.hr.ro
The Romanian Digest Archive
 

 

AFFILIATED WITH:

Herzfeld & Rubin, P.C.
125 Broad Street
New York, NY, 10004
Tel: (212) 471-8500
Fax: (212) 344-3333
http://www.herzfeld-rubin.com

Herzfeld & Rubin LLP
1925 Century Park East
Los Angeles, California 90067
Tel: (310) 553-0451
Fax: (310) 553-0648

 Chase, et al.,Herzfeld & Rubin, LLC
5N Regent Street
Livingston, New Jersey 07039
Tel: (973) 535-8840
Fax: (973) 535-8841

Israeli Affiliated Law Firm
Balter Guth Aloni & Co.
Textile Center, 2 Kaufman Street, 68012
Tel Aviv, Israel   
Tel: (972)-3-5111-111
Fax: (972)-3-5102-166

 

New York — California — New Jersey — Romania
If you no longer wish to receive emails from us, please send an e-mail with UNSUBSCRIBE in the subject line to Romanian.Digest@hr.ro.