Angel and Tiggs

There seems to be a resurgence of interest in World War II, especially in Nazi and Holocaust related themes.  This past holiday season, there were at least six films centring on Word War II stories.  I saw one of them, Valkyrie, the Tom Cruise-starrer which featured the last documented attempt by German officers to assassinate Hitler (this attempt was one of 15 recorded attempts by those within the Germany army to topple Hitler’s regime).

There have been other wars and conflicts since World War II and yet, there is no doubt there is something about this period in history that still evokes visceral reaction.   That probably explains why movie makers keep coming back to explore new storylines revolving around this era.  But truth be told, these movies don’t seem to hold much value; they don’t do much more than entertain.  There are no attempts to explore the complexities of this period in time.

After seeing Valkyrie, I don’t remember feeling much of anything.  Don’t get me wrong, I enjoyed the movie but there was something missing.  I didn’t feel in any way moved by the stories of the officers and the sacrifices that they made.  Yes, I was aware that what they did was valorous and admirable but the movie lacked something.  I think what it lacked what the complexity I alluded to earlier.

The story in Valkyrie appeared to be very linear; there weren’t any nuances present to grip the audience (to grab me) and make you feel the taut tension that was surely constant amongst these men; there was no urgency, no in-depth exploration of the burden these men must have borne, knowing they had to remain true to their beliefs while betraying their country.  The movie was nothing more than a vehicle for getting from point A to point B and I’m not giving anything away by saying they did not succeed in their mission; obviously, history has already informed us about that part of the story.  Simply put, Valkyrie did not spur anything in me that stayed alive beyond the theatre walls.  There was no apparent connection to today.

The stories evolving from World War II are far from over.  The consequences of all the deeds during that time period are still reverberating through the twenty-first century and are still producing concrete and real problems.  And how are these consequences being dealt with?  Well, mostly through the courts.

The most recent case was actually just filed on 22 December 2008 before the International Court of Justice (ICJ) in the Hague.  Germany has brought suit against Italy claiming that Italy, in awarding damages to victims of Nazi war crimes in its domestic courts, has been violating Germany’s jurisdictional immunity.  Essentially, Germany is asking the ICJ to find that “ ‘all steps [are taken] to ensure that in the future Italian courts do not entertain legal actions against Germany’ by allowing civil claims based on violations of international humanitarian law by the German Reich during World War II”.

How’s that for a bombshell lawsuit?  Now, this is not necessarily an exercise in callousness; it’s more complex than that.  Both sides acknowledge each other’s positions in this matter.  Italy had already issued a statement in November 2008 stating that it “respected Germany’s decision to apply to the ICJ” and hoped the ICJ ruling would shed some light on the thorny issue of State immunity. Germany claims that it is filing this suit primarily because it has already paid reparations according to previous international agreements with Italy.

But of course, the main reason this case is compelling is because the ICJ ruling is going to directly affect the types of relief that is offered to victims of World War II atrocities.   I am interested in seeing how the ICJ will handle this matter.   Although the ruling will have to be based on law, I hope the decision will be nuanced and reflect some recognition that the ruling will affect more than just state immunity.

The full text of Germany’s application to the ICJ can be found here.