On Political Grounds: A Forward-Looking Argument for Property Restitution in Poland

Abstract

In all, 90% of Polish Jews, more than 3 million people, were murdered by the Nazis during the Holocaust, and 90% of the survivors left Poland. The survivors and their heirs, most of them not currently living in Poland, saw their land confiscated by the Nazis, nationalized by the communists and reprivatized and sold to others. Poland is the only country in the EU not to have a comprehensive restitution law. The issue of land restitution is still present in current debate in Poland, as part of a broader discussion over the Second World War, communism, privatization and corruption. While Poland blocked all restitution claims in 2021, Jewish communities as well as other governments called Poland to adopt a comprehensive restitution law for everyone. Now, 30 years after the fall of communism, what justifies such claims? This paper argues that forward-looking collective responsibility is the most helpful concept to understand the Jewish restitution problem in Poland today, and claims that any future settlement of this issue should be based on it. By applying this concept, as developed by Iris Marion Young, to the Polish restitution case, we look into the past – not to look for people to blame, but to look for social connections that have implications for the present. This way, we can remember the past, learn from it and heal relationships between people without being slaves to it.