At the war's end, the Monuments Men took on the responsibility to recover objects and pieces of art. Thousands of pieces were returned to their rightful owners. Yet thousands of pieces remained ownerless. In many cases, galleries and private owners did not feel responsible for questioning where the art came from. Additionally, many families did not know that they had the right to have their family's artwork returned.
Personal Interview with United States Ambassador to the European Union Stuart Eizenstat, ~Gorden, May 9, 2025
"...and it was up to those countries... to establish their own claims' processes, by which either the owners if they survived the war, or their heirs could make claims." Personal interview with Ambassador Stuart Eizenstat, ~Gorden, May 9, 2025
The 1954 Hague Convention
"...any damage to cultural property, irrespective of the people it belongs to, is a damage to the cultural heritage of all humanity, because every people contributes to the world's culture..." ~Preamble of the 1954 Hague Convention
"The 1954 Hague Convention aims to protect cultural property, such as monuments of architecture, art or history, archaeological sites, works of art, manuscripts, books and other objects of artistic, historical or archaeological interest, as well as scientific collections of any kind regardless of their origin or ownership." ~UNESCO
The Unfinished Business of WW II
After the World War Il ended, the Cold War began. Attention soon switched from the looted art problem, to the U.S.S.R. problem. It put restitution on the back burner for decades.
Personal interview with United States Ambassador to the European Union Stuart Eizenstat, ~Gorden, May 9, 2025
Menzel v. List, 24 N.Y.2d 91 (1969), was the first restitution case of its kind in the United States. In this case, Erna Menzel sued to recover a painting by Marc Chagall, stolen from her family during the war. In the end, it was decided that Menzel would get the artwork back, but Albert A. List would later win against the art dealers he bought the Chagall from. The case raised two questions: who rightfully owned the art, and whose responsibility was it to locate the art and search for the original owners?
(Right) Jacob's Ladder, by Chagall is the artwork in question ~Its Art Law
The Washington Principles
In 1998, 44 nations made a joint effort to ensure that more Nazi looted art pieces made their way to their owners. They set out 11 guidelines, the Washington Principles, to address the restitution efforts.
Ambassador Stuart Eizenstat - the then-United States Under Secretary for Economic, Business, and Agricultural Affairs — was the main architect of the Conference and Principles, which he organized, negotiated, and drafted. Hover to read, Washington Conference Principles ~Christie's
~Christie's
"Underpinning that is the expression and ideal we use about the 'arc of justice' bending over time. And that there may be forward and backward steps, but over time, we find a more just and equitable world."
Clip and quote, personal interview with Marc Porter, ~Gorden, May 8, 2025
