Showing posts with label Marc Masurovsky. Show all posts
Showing posts with label Marc Masurovsky. Show all posts

01 October 2016

Silences that are Hardly Golden

by Ori Z Soltes
edited by Marc Masurovsky

With the untimely passing of Elie Wiesel, my mind wanders back to issues that, over the years, I discussed with him, and things that I wrote about him. A consistent subject of both processes was the kind of responsibility Jews have to make the world a better, more justice-ridden place—in general, given the rabbinic and particularly Lurianic mystical imperative of tikkun olam (“repairing the world”), and in particular given what we as a group endured during the Holocaust. I confess that I confessed to him my disappointments at times in the failure of the Israeli or American Jewish communities to do this or that where they might have responded more positively or aggressively to a given situation. 

In one conversation with Mr. Wiesel I mused over what it is that too often prevented Jews from doing what I thought was the right thing. On the other hand, in one article that I was asked to write on “Who Speaks for the Jews?”—in which one of the figures I discussed was Elie Wiesel—the assertion that I offered was that there is nobody, per se, who plays that role in the Jewish world—there is no Pope or universally embraced political leader. One of the things that has historically prevented Jews from engaging in religious or political wars with each other on anything approaching the scale of the Crusades or the age of Religious Wars in Europe was the widespread diaspora—a thirteenth-century Jew in Germany would have been unlikely to know much about the gastronomy on Passover of Jews in Morocco, and therefore to have objected to it, much less spilled blood over it.

We remain a fractious community of communities today. Depending upon whom you ask and his/her spiritual and/or political affiliations, a given Jew may see his rabbi or his rebbe or the Prime Minister of Israel or the President of the World Jewish Congress (WJC) or the American Jewish Congress (AJC) —or a charismatic speaker, writer and Nobel Prize winner like Elie Wiesel—as the most appropriate figure to whom to turn for guidance regarding how to think, speak and act as a Jew. Non-Jews might think it’s the President of B’nai B’rith where few Jews are likely to think so. So it would be a surprise if we all agreed on what constitutes the “right thing” in a given situation.

There is some irony that one of Elie Wiesel’s first divergences, (following his memoir, Night), from writing novels, was his work—a personal journalistic reportage—regarding the plight of Soviet Jewry, called “The Jews of Silence.” Published in 1966, it was one of those important literary sources for inspiring Jews in America to speak up and speak out, because their oppressed co-religionists in the USSR could not. American Jews have not always been afraid to speak up, it seems.

The questions of contemporary Jewish silence in the face of injustice reminds me of another signal instance, more than fifteen years ago, when the same queries might be proffered. I refer to the attempt by the then District Attorney of Manhattan, Robert Morgenthau, to hold back two Egon Schiele paintings—“Dead City III” and “Portrait of Wally”—that had been on display at MOMA as part of a loan exhibition from the Leopold Museum in Vienna. Morgenthau sought to keep them from immediately heading back out of New York with the rest of the collection when the exhibit ended so that the claims put in by two Jewish families that these two paintings had been plundered from them by the Nazis—and that Dr. Kurt Leopold had acquired them with full knowledge of that fact—could be explored and adjudicated.

The museum community was up in arms: amicus briefs, both formal and informal flew fast and furiously. The museums challenged the validity of government interference in cultural matters. They argued the threat that the economic base of New York City would be deleteriously affected by this: that base, the assertion went, was heavily dependent on culture, specifically large-scale tourist visitation to New York’s art museums, and if the government was successful at holding back these two works, museums across the world would cease and desist from lending objects to New York museums, causing a dynamic shrinkage in loan exhibition quantity and quality, and thus of museum visitation and thus of the New York City economy.

All the museums joined this doleful chorus. My colleagues, Willi Korte and Marc Masurovsky and I, who had joined together to create the Holocaust Art Restitution Project (HARP) in September 1997, were on the other side of the fence. Willi had done and continued to do an enormous amount of research to validate the two families’ claims. Marc and I met with Robert Morgenthau to explain it—and to argue that the very assertion of the museum community was the proof of its fallaciousness: that art is big business, and that, unless one is pretty certain that one’s painting or sculpture is an ill-gotten good, one will not to hesitate to lend it to the Met or MOMA or the Guggenheim, knowing that art that has been on display in such places will exponentially increase in value.

All of the museums joined the chorus, including, of course, the doyenne of Jewish museums, the Jewish Museum of New York. Moreover, nobody among the “leadership” of the New York Jewish cultural and political communities spoke up on behalf of the claimants. The WJC really couldn’t, since its then vice-president—who in establishing the Committee on Art Recovery, announced that they would be “taking paintings off museum walls,” and might have been expected to speak up but could not—was the vice-president of MOMA’s Board and had put half a million of his own dollars into the project of bringing the Leopold Museum exhibition to MOMA. His quadruple conflict of interest—his role at MOMA vs his role at CAR vs his role in the WJC vs his earlier ambassadorship to Austria, shortened by the Austrians’ objections to his purchasing and carrying away the likes of Schiele paintings that they considered part of the Austrian patrimony, by diplomatic pouch—certainly explains his silence.

But why the Jewish Museum? What of the rest of the Jewish world? It was clear that, having spent so many decades trying to define itself as both a museum of Jewish history and culture and of art, and closer than ever since the 1960s to being accepted as part of the art museum world without alienating the Jewish world (in the 1960s it had managed the first but not the second), the Jewish Museum did not want to oppose that art world and re-isolate itself—two paintings and two Jewish family claimants seemed a small price to pay for amicus brief acquiescence. (I am not even going to raise the question of provenance in the museum’s own collections).

And the Jewish community in general?

A pundit well over a century once observed—as Emancipation was gradually breaking down ghetto walls throughout Western and Central Europe and Jews found themselves more welcome into the mainstream of culture, socio-economics and even, almost, politics, between 1780 or so and World War I—that “you can take the Jew out of the ghetto, but you cannot take the ghetto out of the Jew.”

He meant the extreme care with which a Jew feels he must operate, in words and actions, not because a riot might sweep through the now-gone ghetto, but because full acceptance into the larger community and all of the advantages of being mainstream might be denied or retracted. Is that what the Jewish “leaders” of New York City were and still are afraid of, in an America whose principles of eschewing anti-Christian sentiment have always been under assault from some quarters? Where Jews could not run for political office in some places (the state of New Hampshire) until late into the nineteenth century? Are we still faced with fear of what the non-Jews will think about us—or has it resurfaced after a period, in the 1960s and 1970s when Jews marched in Selma, Alabama on behalf of Blacks and marched in New York City on behalf of Soviet Jews?

The question is not who speaks for the Jews these days, but how many and which Jews speak up when the situation is potentially awkward but when silence is acquiescence to the miscarriage of justice. We have justifiably become fond of pointing out—it was one of Elie Wiesel’s important contributions to our thinking about the Holocaust, and the specific subject of his third novel, The Town Beyond the Wall—that silent acquiescence is a form of passive collaboration. There is a particular irony when this issue falls into the context of Nazi-plundered art, when one considers the disturbing datum that Jewish dealers like Georges Wildenstein were often more than willing to see harm done to other Jewish dealers, like Paul Rosenberg, if it served art-dealing business needs—or that perhaps the key dealer on behalf of Hitler, Hildebrandt Gurlitt, was half-Jewish.

If the Jewish role in history and art history is a complex one, and if the role of art within the context of the Holocaust was complex (another long story for another time), then the failure of Jews to speak now, so many decades later, in too many contexts where the matter of restituting Nazi-plundered art to victims’ heirs is also complex, perhaps. Or perhaps simple: fear. Whatever the reasons, that failure would have rabbis like Isaac Luria—and no doubt Elie Wiesel—rolling in their graves.

18 October 2012

Revisiting Senate Bill 2212—Part One

By Nikki Georgopulos, special to “plundered art”

There has been a great deal of opining and sounding off recently among lawyers, professors, art historians, and art-related organizations as to whether the Foreign Cultural Exchange Judicial Immunity Clarification Act, otherwise known as Senate Bill 2212 (S.2212), should be passed into law. Currently stuck in the Senate Judiciary Committee, the fact that no decision has been made has seemed only to increase the agonizing among those concerned.

The bill, introduced to the 112th Congress in its second session in March 2012, would amend the judicial code concerning property rights and the protections of objects of “cultural significance” that is imported into the United States for the purposes of “temporary exhibition or display.” The key to understanding this relatively brief bill (it consists of less than 500 words) is to examine the other sections of US law with which it interacts. The most notable instance of this is the Immunity from Judicial Seizure Statute, otherwise known as Section 2459 of Title 22 of the US Code (commonly referred to as 22 USC 2459). Under the jurisdiction of the State Department, 22 USC 2459 “protects from seizure or other judicial process certain objects of cultural significance imported into the United States for temporary display or exhibition.”

The statute acts to guarantee foreign lenders (such as museums, private collections, educational institutions, etc.) that if they loan a cultural object to an institution within the United States, the lender is protected from any other claims of custody. That is to say, the object in question is protected by US law and granted immunity from seizure. The perceived benefit of 22 USC 2459 is that it encourages foreign lenders to send their cultural objects to the United States for exhibition, insofar as they can feel secure in the guarantee that the objects will be safely restored to their custody. This benefits museums and the American public in many obvious ways, and appeals to the “art as ambassador” argument that holds that the exchange of cultural objects supports cross-cultural understanding and cooperation. The problem, as many have pointed out, is that this protects objects that were obtained illicitly, whether by theft, looting, or illegal trade.

The proposed bill would act in accordance with the Immunity from Judicial Seizure Statute, but with one condition that has come to be known as the “Nazi exception.” The bill declares:

‘(2) NAZI-ERA CLAIMS- Paragraph (1) [which reiterates the protections provided under the Immunity from Judicial Seizure Statute] shall not apply in any case in which—

‘(A) the action is based upon a claim that the work was taken in Europe in violation of international law by a covered government during the covered period;

[…]

‘(3) DEFINITIONS- For purposes of this subsection--
‘(A) the term ‘work’ means a work of art or other object of cultural significance; and

‘(B) the term ‘covered government’ means--
‘(i) the Nazi government of Germany;
‘(ii) any government in any area occupied by the military forces of the Nazi government of Germany;
‘(iii) any government established with the assistance or cooperation of the Nazi government; and
‘(iv) any government that was an ally of the Nazi government of Germany; and

‘(C) the term ‘covered period’ means the period beginning on January 30, 1933, and ending on May 8, 1945.’.

To summarize, the so-called Nazi exception allows for suits to be filed that are based upon claims that the work in question was illegally obtained by the Nazi government or any Nazi-affiliated government during what the bill would define as the “Nazi Era” (January 30, 1933 to May 8, 1945). In other words, victims of Nazi theft and their heirs ostensibly retain the right to file a claim against a foreign lending institution in order to obtain their object.

Upon first glance, this would seem to not only make sense, but also be beneficial to those victims of the Nazi-era and their heirs who are seeking restitution. As it turns out, this is where things become seriously problematic. Many, such as cultural heritage lawyer Rick St. Hilaire, believe that S.2212 sufficiently protects both claimants and lending institutions, reaffirming the US’s commitment to protecting the cultural objects of foreign lenders. St. Hilaire’s points about the need to reassure foreign lending institutions, thus encouraging further lending, are well taken, and are commonly expressed in the art world today. However, other figures in the cultural heritage protection community are not so sure. According to a post on the website of the organization Saving Antiquities for Everyone (SAFE), the bill “sends an awful message that is in complete opposition to the U.S. commitment to cultural protection and preservation.”

SAFE rightly points out that the bill does not protect antiquities that were illegally excavated and exported from their countries of origin. This might be overlooked if there wasn’t staggering evidence that illicitly obtained antiquities have permeated the licit art trade in large quantities (Part Two of this article will cover this aspect in more detail), such as the recent scandal that overtook the J. Paul Getty Museum.  

Another concern is one that strikes many as ethically questionable, as the bill seems to create a sort of hierarchy of atrocities. In a post by Catherine Sezgin on the Association for Research into Crimes Against Art’s blog, HARP co-founders Marc Masurovsky and Ori Z. Soltes both expressed concern that while the bill seemingly protects against Nazi-era claims, other instances of wartime looting are overlooked. Masurovsky further expressed his frustration in a New York Times piece, asking, “How can you excuse 28 different kinds of plunder and only outlaw one subset of one subset? What is the point here? The only people who have anything to gain are the museum directors. So we’re basically saying it’s fine to plunder?” Indeed, to say that losses sustained during the Second World War are the only ones worth protecting is not only ethically remiss, but also legally problematic.

Setting aside the concerns of many about the exclusive nature of the bill, one is forced to ask, how effective is the bill in protecting Holocaust-era victims and their heirs? The language of the bill allows for many loopholes and exclusions that would prevent those seeking restitution from successfully filing claims. Reading through the bill, the first and perhaps most consequential item of concern comes in section A of Paragraph 2: “[Judicial immunity] shall not apply in any case in which […] the action is based upon a claim that the work was taken in Europe in violation of international law […].” The problem here is that while many of the thefts committed by the Nazis and related bodies have been deemed in violation of international law, there remains a gray about which national governments cannot seem to reach an agreement: that of forced sales.

While the bill covers property confiscations and estate seizures, there remains the question of those objects that were sold under duress by those trying to flee Europe for fear of persecution. The history is clear on this account; many prominent Jewish business people, particularly art collectors, dealers, and gallerists, had to sell off their belongings and collections in order to garner the funds necessary to escape Nazi Germany, France, and other Axis-controlled countries. Additionally, this extends to those who were not involved in the art community. Many German Jews, for example, faced serious economic hardship due to forcible exclusion from participating in the local economy. As a result, they were forced to sell family heirlooms in order to raise money for leaving the country and to provide for themselves and their families.

One possible explanation for why the forced sales question is so difficult to pin down is that it is difficult to provide evidence for what constitutes a sale under duress versus a normal sale. Because of this perceived ambiguity in cases of forced sales, there is no unifying policy that would fall under the category of “international law” to protect the rights of claimants filing for restitution of objects lost to forced sales.

The other major red flag in the bill comes directly after the aforementioned clause: “[Judicial immunity] shall not apply in any case in which […] the action is based upon a claim that the work was taken in Europe in violation of international law by a covered government during the covered period […]” (emphasis added). Paragraph 3 provides the definitions of the covered governments and period:

‘(B) the term ‘covered government’ means--
‘(i) the Nazi government of Germany;
‘(ii) any government in any area occupied by the military forces of the Nazi government of Germany;
‘(iii) any government established with the assistance or cooperation of the Nazi government; and
‘(iv) any government that was an ally of the Nazi government of Germany; and

‘(C) the term ‘covered period’ means the period beginning on January 30, 1933, and ending on May 8, 1945.’.

The bill makes it very clear that it is targeting those affected by the Nazi or otherwise Axis-associated governments. This overlooks a key group of claimants: those whose possessions were taken by Allied military agents. The unfortunate truth is that while the Allies, specifically the US, were responsible for preserving many of the art objects looted by the Nazis and related organizations, so too were they responsible for thefts of their own. Many soldiers took home what they may have considered to be harmless keepsakes. Some scholars posit that Jewish soldiers took Judaica as an act of protest or anger. In any case, a vast number of art objects were poorly protected and were easily targeted. Due to the fact that S.2212 specifies that only those claimants who will be considered are those who were affected specifically by Axis governments, Allied-looted objects remain protected. Additionally, there is evidence that looting by Axis forces continued after May 8, 1945 as German troops were returning home (particularly from Italy). This further weakens the bill’s claim to protecting victims of World War II-era losses.

Though ostensibly well intentioned, S.2212 has obvious weaknesses and carries immense consequences for not only claimants but also the rest of the art community. Part Two of this piece will feature multiple voices who will chime in to help tease out those consequences. It will also examine more closely the antiquities market and how S.2212 will interact with it if passed into law, as well as the potential interaction of the bill with the State Department’s application system for judicial immunity for cultural objects. Among the most troubling of these consequences is the potential for obfuscation of provenance of art objects that are crossing US borders under the aegis of this bill.

In the meantime, if you find yourself in the D.C. area, there is a discussion that is scheduled to take place tomorrow, October 19, 2012, that will cover S.2212 and related legislation featuring Marc Masurovsky. He will give a lecture entitled “Art, Antiquities & War: Is Our Obsession to Possess Art Above the Law.” The lecture and discussion will also be covered in Part Two of the article. For more information and advance ticketing, visit the event page.'



05 July 2011

Who Could Believe that It Was Happening, Even as It was Happening?

A commentary by Ori Z. Soltes, chair of the Holocaust Art Restitution Project (HARP)

Ori Z. Soltes
Source: The Great Courses
In the aftermath of the Holocaust, a peculiar sort of discussion emerged eventually that, in some corners, continues to this day. That discussion pertained to the idea that the victims of the Holocaust, primarily the Jews, went “like sheep to the slaughter,” instead of fighting back. Accusing the victim for being victimized has long been an instrument with which humans who were in a position to help the victim but did not, assuage their guilt for their own failure. Blaming those who were herded and branded and slaughtered like cattle for not responding to the program of Nazi deceptions until it was too late might assuage and has alleviated that guilt for many, as they sought a return to normal lives.

It is always easy to blame someone else, and in this case, the guilt has run particularly deep and wide—not just those Germans or Austrians or French who stood idly by or contributed actively to the slaughter, but the British and the Americans who famously refused to bomb the train tracks to the killing centers, and who kept their immigration quota doors closed tight or made the paths to Palestine all but impassable. For it was one thing to be fighting the Germans and their allies in World War II, and another altogether to be fighting the Nazis in the Holocaust.

The numbers of Jews who did fight back remained, for the most part, unheralded and forgotten until the last few decades. Inevitably, those who fought did so with very little in the way of armaments and with very little reliable support from—even, at times, finding themselves betrayed by—the various non-Jewish underground forces who were themselves fighting the Nazis. Conversely, the myriad times and places in which well-armed or at least militarily experienced forces failed to resist or, in captivity, to rise up against their captors has typically been ignored.

Moreover, as in any large lie there may be a smaller element of truth, it is true that many (perhaps most) Jews did not resist. A perfect storm combined the Nazi genius for willful deception—to simplify the process of extermination by encouraging their victims to believe that they were not on the verge of victimhood—together with the victims’ desire to believe, and therefore to be deceived, that this was a storm that, like so many others in Jewish history, would pass. Physical resistance, in any case, had not been the primary means for a fragmentary minority to survive over the centuries in the face of hostility from the majority population.

For German and Austrian Jews in particular, the sense of having arrived at a point of truly being part of that majority mainstream—socially, economically, culturally, even to some extent politically—militated against believing that what was happening was happening. In the discussion of this issue it has often been pointed out that the very fabric of the late nineteenth/early twentieth-century Austrian and German communities was so interwoven with Jewish threads that, had the Holocaust not followed, historians would be constantly waxing about the Golden Age for Jews in those countries in that era. The photograph of which Sigmund Freud—to name one Jewish luminary among many within the Viennese firmament—was proudest, showed him with his two sons, both of in Austro-Hungarian military uniform; they were among myriad Jews who served in the Hapsburg and Prussian armies between the end of the eighteenth century and the end of World War I.

On the other hand, the Golden Age was by no means free of anti-Semitism (in fact the very term was a coinage of that era, as the Prussian pamphleteer, Wilhelm Marr, was the first one to label the Jews “Semites” in 1878—but that’s another story for another day). But this is part of what made the Nazi era so inexplicable as it gradually unfurled its full fury against the Jews. Who could imagine that such a definitive exterminationist intention would be directed toward a population so integrated into that world?

Marc Masurovsky and I uncovered one of the most extraordinary proofs of this a few years back as we were systematically studying the property census forms that every family with even an oblique Jewish component or connection was required to fill out for the Nazis after Austria fell before—or rather, embraced—the Anschluss. Our interest was in the cultural and similar property that the Nazis confiscated based on these on-demand listings of everything from silverware, desk lamps and jewelry to paintings, drawings and sculpture.

But along the way, we noted three other, unexpected features. One was the prevalent tone assumed by a good number of those who filled out the forms: little jocular side notes, as if submitting a report to a long-time superior with whom one has a warm, friendly relationship—as opposed to filling out what would amount to one’s death warrant. A second was the fact that a number of these forms were filled out and sent in from places as far away as Ankara and even New York City. This might have been out of fear for family members still in Austria, but may well have been out of a Teutonic sense of duty: one is required by the authorities to fill out a form as a Jew, then as a Jew more Viennese than the Viennese, one fills out the form—because regardless of where one lives one remains emphatically a Viennese.

Most intriguing is the third feature: virtually every form indicated the possession of real estate—from the partial ownership of an apartment to that of multiple apartment buildings and factories. The fact is that one does not invest in real estate if one has the slightest inkling of needing to leave a place quickly—it is too difficult to liquidate with alacrity. All of these Jews who bought real estate to live in, work in or employ others in, had to have been powerfully certain that they were in Vienna (after more than eight hundred years) to stay. When the Anschluss arrived and, as often happened, their neighbors turned against them, they could neither understand nor believe what was happening; it would not have occurred to them to “fight back.” That once-golden world disappeared before their eyes, never to be restored.

Ori Z. Soltes

24 December 2010

Prelude to founding of HARP—Spring 1997

Truth be told, the founders-to-be of the Holocaust Art Restitution Project (HARP), Willi Korte and Marc Masurovsky, had approached the US Holocaust Memorial Museum in the spring of 1997 with a proposal by which the Washington-based Holocaust Museum would house all historical information pertaining to cultural losses suffered by Jews across Axis-controlled Europe.

The proposal met with a terse rebuttal from the Holocaust Museum's chief of staff, making it very clear that this project did "not fall within the mandate of the US Holocaust Memorial Museum."

Dejected and confused, Korte and Masurovsky then went to the only explicitly Jewish museum in the District of Columbia, the Klutznick National Jewish Museum of B'nai B'rith, whose then director was Ori Z. Soltes.  And the rest is history...


23 December 2010

Origin of HARP—September 1997

The Holocaust Art Restitution Project was founded on September 4, 1997, in Washington, DC.  Its founders were Ori Z. Soltes, then director of the B'nai B'rith Klutznick National Jewish Museum, Marc J. Masurovsky, and Willi Korte.

At the time, HARP's mission was to provide the best possible information on the paths of dispersal of works of art and objets d'art stolen between 1933 and 1945 at the hands of the National Socialists and their Fascist allies across Europe.  The works in question included those on canvas, paper, rare books, manuscripts, furniture, decorative objects, sculptures, antiquities, and religious objects.