Revisiting the numbers game

by Marc Masurovsky

Since 2011, the Holocaust Art Restitution Project (HARP) has periodically addressed the problematic of quantifying the thefts of art works, art objects, and other items of esthetic value, looted between 1933 and 1945 under National Socialist rule, during WWII and the Holocaust. After the conflict, there was no internationally-sanctioned and organized audit of cultural losses suffered by the victims of National Socialist and Fascist aggression on the European continent. Therefore, experts and amateurs alike have wallowed in the murky waters of estimations of human and material losses from 1945 to the present.

Regarding the scale of human losses, the international community accepts that between 45 and 55 million men, women, and children lost their lives as a direct and indirect result of the continental conflagration between September 1, 1939, and May 8, 1945. That figure includes the six million Jews targeted for physical extermination by the Nazi government. The continental theater of operations included 15 European countries (and North Africa) which were directly involved either as a result of being militarily occupied by Axis powers, annexed by Nazi Germany, or allied to the Axis: Norway, Denmark, Holland, Belgium, Italy, Germany, Austria, Poland, Czechoslovakia, Greece, Yugoslavia, Romania, Bulgaria, Hungary, the Soviet Union, North Africa (Morocco, Algeria and Tunisia).

Wherever the German Army and the Nazi political and security apparatus went, there followed intense repression, the physical eradication of local populations accompanied by systematic, State-sponsored acts of plunder and illicit displacement of individual and communal properties.

By the time Nazi Germany agreed to terms of unconditional surrender on 8 May 1945, the Allies had realized that “art treasures” (museum-quality objects) were systematically looted across Axis-controlled Europe, stored away in gigantic depots or sold on the international art market to replenish the Reich’s warmongering coffers. Allied focus on “art plunder” went hand in hand with “rescuing the treasures of Europe” and returning them to the countries from which they had been forcibly removed. In and of itself, this task was barely manageable, but if you factored in “everything else” that was stolen, the task was simply unmanageable and would have required several decades of full-time focus by myriad specialists from the victorious nations to sort out what had been stolen by 1945, what was recovered, and what was still missing as of Victory-Day (V-E-Day).

The ex-Soviets always wanted to do things their own way, which, if you look back at the consequences of WWII on the Soviet Union’s infrastructure, human and industrial capital and cultural infrastructure, you might understand some of their reasoning. Their losses for the period of 1941-1945 are estimated in the millions. One snapshot of these staggering figures can be best summed up by their estimation of museum losses: 1,129,929 units of conservation comprising objects, rare books, manuscripts, as well as archival collections.https://lostart.ru/fr/svodnyj_katalog/

Some more elliptical estimates suggest that 20% of European art was plundered “from Jewish collectors and other individuals and organizations.” We don’t know what 100% amounts to, which would represent the universe of “stealable” European art. Hence, the 20% ratio seems a bit vapid and lacking substance. 

We still don’t really know…

In the media-hungry and attention-starved world that we all bask in, there has developed an insatiable appetite to provide numbers that explain the true extent of the plunder and what is still missing. These valiant self-interested pronouncements do not usually come from historians and experts who, for professional reasons, are reluctant to venture in such murky and troubled waters. They emanate from politicians, international personalities, media hounds, and anyone seeking attention for not more than 3 minutes but whose pronouncements will live on forever as random digital factoids on the Internet which end up restated and reposted blindly and thoughtlessly. Repeated enough times, they are true. Fact-checking, go take a hike!

So, what’s the problem exactly?

In November-December 1998, an international conference dubbed the Washington Conference on Holocaust-era Assets took place in Washington, DC. It brought together under one roof 44 nations and a smattering of NGOs to assess where we were with respect to honoring postwar claims for compensation and restitution submitted by Holocaust victims’ families to the governments of their adopted countries and against the main architects and perpetrators of the horrors unleashed upon them and their families—Germany and its allies. Although the results of the Washington Conference were mixed, a set of eleven principles was released on its last day to guide the art market and governments on how to address the possibility that looted art objects may have entered public collections and businesses and how to resolve these claims to everyone’s satisfaction (one would only hope…). These principles avoided mentioning anything about the private art market and—in true diplomatic verbiage—kept the notion of plunder at its vaguest and limited the main perpetrators to “the Nazis.”

Ronald Lauder, who, at the time of the December 1998 Washington Conference, was Chairman of the Board of the Museum of Modern Art (MoMA) in New York and the chairman of the recently-established Commission for Art Recovery (CAR), proclaimed that 110,000 art works were still missing, half of the total number that was allegedly stolen (or 220,000)-- a figure advanced without a hint of critical insight as to its veracity and on what facts it rested. He also placed a value on the missing works: 10-30 billion dollars (1998 value). This would assign an approximate value per object of 100,000 dollars, give or take 50,000. The average value of art objects looted from Jewish owners could be estimated grossly at between 5 and 10,000 dollars (1998) and that is still an uneducated guess. Only 5 to 15%--again, uninformed guesses based on years spent reviewing restitution claims and Nazi inventories of stolen property—reached or exceeded the values hypothetized by Mr. Lauder.

Mr. Lauder's estimates pale against those proffered by the Polish government. They estimate that their battered nation alone lost 600,000 works of art, many of which remain unrecovered. 

Since 1998, the London-based Art Loss Register (ALR), one of the most important proprietary (privately-owned) databases of stolen art in existence today, proffered an estimate of 200,000 stolen works of art, and even averred that 170,000 had been recovered and therefore that would leave only 30,000 still gallavanting about and waiting to be plucked for a handsome finder’s fee. These figures are astounding for several reasons: 1/ they are unjustified and unverifiable; and 2/ they presume a rate of restitution of more than 85%! A rather extraordinary feat which, it too, is surreally wrong. Of course I invite you all to fact-check this and contact ALR directly to verify or infirm the above.

600,000 art objects stolen, 100,000 still missing

This formula, backed up by no scientific research or historical documentation, has been the most popular mantra proffered by government officials, reporters, and restitution lawyers.

The most notable proponent of this statistic is Ambassador Stuart Eizenstat, currently Special Advisor on Holocaust Affairs to the US Secretary of State and an internationally-recognized authority on the diplomacy of reparations for Holocaust victims. He first posited (as far as we can tell) these figures at an international conference held in Prague (Czechia) in June 2009. Mr. Eizenstat repeated those figures as recently as 2018 which were reported in 2019 by the Washington Post.

These figures have also been repeated in the following media outlets:

-history.co.uk,
-Time Magazine,
-the Smithsonian Magazine in 2022,
-Swissinfo.ch
-Deutsche Welle
The DW article contradicts itself when, in the same breath, it posits that 5 million artworks changed hands illegally. Which is it?
-The LA Times, whose editorial board actually wondered whether the estimates might be much higher.
-National Public Radio
-and, of course, the US Department of State

Other far-flung estimates include:

-30,000 looted art works are still missing
-10,000 works are still missing

How do we stop the misrepresentation of one of the most heinous crimes committed against culture, against humanity as part of a genocide of the Jewish people?

When someone asks you how many objects were looted during the Nazi years (1933-1945), 

1/ you do not to provide an accurate figure because there is none. 

2/ You do not know how many objects have been recovered, 

3/ you do not how many have been restituted, and how many are still missing, regardless of style, value, and importance to art world denizens. 

4/ you must err on the side of caution and state in all seriousness: between six and ten million.

For more clarifications, see:

30 May 2011
Analysis of an address by Ambassador Stuart E. Eizenstat at Prague in June 2009

21 April 2015

The illusion of numbers
10 May 2015

The day after...
23 May 2018

Some frequently asked questions

When the gloves come off, does this mean WAR?

by Marc Masurovsky

As we say in the United States, ‘them’s fightin’ words’! True, they are. Perhaps, they deliver more bang than bite. But they emerge from the deepest recesses of my fractured soul, enraged at the inability of our leaders, our representatives, our specialists, our experts, all of them, no exceptions made, to come up with solutions that make it possible for the victims of the Holocaust and the Second World War and the Third Reich and the Axis powers in Europe, North Africa, the Near East, and Asia, writ large, to find some measure of justice in the aftermath of global genocidal and ethnocidal conflict, to recover what was ripped from the bosom of so many as the extensions of their souls and likes. After all, it is said that beauty is in the eye of the beholder. If this is true, the loss of cultural assets feels like the forcible removal of light from the eyes of the victims to benefit those who feel anointed to possess what is not rightfully theirs. At a larger scale, one can argue that the rights of individuals are trumped by the arrogance of groups and the States that lend succor to their racial and expansionist ambitions by which they impose their ideological and political will through force of law and arms. In short, the victims of cultural plunder—Jewish, Catholic, Protestant, Muslim, atheist, agnostic, Buddhist, e tutti quanti….—are united in theory and principle under a single banner. Unfortunately, the trauma of loss through confiscation, requisition, outright theft, incarceration, and exploitation, was not sufficient to bring the victims under one flag, regardless of origin, race, ethnicity, creed, and belief.

The cynics tell us that this is what makes us human, that division is a prelude to conquest. Divide and conquer has always been the motto of those who wage war against their own people and those of other nations. Divided, we were at the end of the Second World War, made to rely on our communal groups, political parties, and national governments, to “do the right thing” for us all. By the way, the “we” and the “us” are used symbolically since my parents had not even met at V-E Day while I was an errant molecule in search of a home. The “we” and the “us” reverberate across generations, starting with the unmarked graveyards and mass burial pits of the former Soviet Union, the ash piles of Birkenau, the burial mounds of Katyn, the massacred villages of Northern Italy, Yugoslavia, and the thousands of unnamed places of death and destruction that pockmark the map of a warring planet.

Divided…. Why should we be divided in the first place? That is my question to all of you who read these pages. What is the benefit of arguing from one’s narrow communitarian interest? Better, more effective representation? Some of you might feel that there is nothing else that can be done and we should simply move on. That is definitely an option. But, if moving on is an option, then we should shutter down these pages and no longer discuss restitution as a basic human right of the victims of cultural plunder. As some cocky military leaders have repeatedly stated on the battlefields of history, surrender is not an option.

Not surrendering is an acknowledgment of a will to fight, to struggle, to advocate, to press, for something as vague and ambiguous as “justice.” Is it to be justice for all ? Or will it be justice for me? How about justice for you? Or is it really justice for them? Should justice be meted out in equal measures or in proportionate measures? Justice that is proportionate to the crime? How much is too much? How much is too little? What does it take to sate a broken soul and allow it to “move on”, to “find closure”?

Reality is altogether different. As history shows us repeatedly, the scars of trauma induced by all forms of violence are transmitted from one generation to the next. The degree to which the successive generations absorb and internalize the legacies of abuse and cruelty wrought upon their parents and grand-parents can determine whether or not they will act to avenge them or “act out” these inherited scars—to wit: most internal civil conflicts can be linked to the absence of meaningful settlements between members of divided communities. This is as old as history. But does it have to continue to be that way?

Looking ahead at the advent of 2012, how do we ensure that the crime of cultural plunder is appropriately punished and its victims fairly treated, across the board, regardless of who they are and where they live and what they represent? Yes, indeed, regardless of social class, status, rank, socio-economic standing, color-blind, community-blind, religion-blind, idea-blind. Blind to division and schism, solutions that are for all, not for the few, or the select.

I must tell you that nothing will be accomplished without an explicit recognition that cultural thefts cut across all boundaries, because the end result is the same—the rape of culture, way beyond that of “Europa” as Lynn Nicholas has postulated. We have to recognize that cultural theft violates the basic rights of all human beings living in a social and cultural matrix. Once we can recognize this basic fact, we can actually get to the next level. Cultural crime is a universal crime against all peoples, it is a crime which drives deep stakes into the specificity of what makes us who we are, which targets our identity as members of specific groups. Depending on the severity of the crime, it can result in an outright attempt at genocide or ethnocide. To acknowledge and accept the specificities of these crimes as bounded by cultural, social, and oftentimes religious matrices, is vital to our ability to move forward if we are to unite under one flag and fight for what is legitimately ours, that is the right to culture, our cultural rights, our right to own and display cultural assets without the fear of taking, without fear of forcible removals, because of who we are and what we are and where we live and for whom we vote or do not vote and what we speak or pray to, especially during times of internal or external conflicts.

The next level consists in agreeing that cultural plunder is a crime against humanity, perpetrated against individuals and the groups to which they belong.

Once we reach this particular point, the big question emerges: what is to be done?

What next? In all cases, national governments will endorse but not enforce the explicit righting of cultural crimes against individual citizens, arguing that these are the facts of life, and their citizens should settle for what they can. Moreover, statutes of limitations, problems associated with current possession of stolen cultural assets which are condoned as inalienable aspects of life in a civilized society—to the current possessor go the spoils!—will prevent or forestall any possible semblance of justice.

Hence, the only conceivable strategy to address the crime of cultural plunder is the international community of nations and groups that have a vested interest in righting the wrongs wrought against their cultural rights and to press for restitution of ill-gotten cultural assets.

I will leave you with this thought. As the strategy for global redress unfurls, you will hear more in these pages. Stay tuned as 2012 might become a very interesting year. After all, we have not much to lose and everything to gain.