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

Talking points

by Marc Masurovsky

From 1933 to 1945, millions of cultural and artistic objects changed hands illegally as a result of Nazi persecutions. Many objects were recycled on the international art market while others were sent to the Reich. After the defeat of the Axis Powers, looted art objects were found in organized and improvised depots scattered across Europe but mostly concentrated in Central Europe. They also ended up in the hands of private individuals, businesses and government institutions, in vacant dwellings, the cellars of apartment buildings, in other words they could be found everywhere. Axis plunder turned the European continent into a veritable cave of Ali Baba.

Armed with a host of international declarations and commitments to return, recover, and restitute looted objects, the victorious Allies worked hard to locate these objects so that their rightful owners could enjoy their possession once again.

Those were heady days indeed, they did not last long. The wear and tear of administering these restitution programs frayed the nerves of Allied military authorities and their civilian counterparts busy with the task of propping up and rebuilding the defeated Axis powers as the incipient Cold War settled in like a bad case of the flu. Yesterday’s ally, the Soviet Union, became the new old adversary.

So, why did restitution fail most victims of Axis persecution?

-Short filing deadlines to submit claims to governments;
-Shock and trauma from years of confinement and persecution;
-Inability to come up with documentation as a result of expropriations, evictions and physical destruction of their property;
-Lack of interest shown by officials involved in the location and recovery of looted cultural assets.

How does that work?

Personnel responsible for the recovery of looted cultural objects, were mostly drawn from cultural bureaucracies, museums, and art historical circles. They carefully examined the claims filed by victims or their next of kin, and decided which items were worth looking for and which ones not. In many cases, claimants were told that their collections did not contain objects that were culturally significant and did not contribute to the cultural heritage of the nation. Why? Because most liberated nations wanted to replenish their cultural heritage or patrimoine which, they argued, had been impoverished as a result of Axis policies.

The quality of the object became the most significant deciding factor as to whether recovery officials would invest their resources to locate it and effect its return to the claimant. Cultural significance played a key role in assessing claims. We can only infer that the art collected by most Jewish owners was culturally insignificant and did not contribute to the cultural heritage of the nations in which they lived.

Objects favored for recovery came from the Western canon of Classical culture, which most if not all cultural advisors to Allied forces responsible for locating these objects had internalized prior to their tour of duty in Europe. Their esthetic biases led them to favor objects viewed as “masterpieces”, “treasures”, “culturally significant”, objects whose absence impoverished the cultural heritage of formerly occupied nations. Who owned those objects? Members of the elite, the upper strata of society, the 1 percent. Restitution rates were much higher amongst the 1 per cent than the 99 per cent who more often than not were forced to seek compensation in lieu of restitution.

No systematic audit of cultural losses was performed in the years following the end of the war, something that was deplored by a number of our famous “Monuments Men” who moaned about the continued absence of a central list of cultural losses from which they could do their work and be more efficient. Formerly occupied nations did publish lists of looted objects based on claims that they processed, but again, when you compare the claims to the listed objects, the “registries” reflect a small percentage of the actual losses suffered by the victims. Hence, they are grossly incomplete.

How does that affect the claims process? 

The answer is obvious.

We are here today because of the built-in prejudices that shaped the postwar policies of recovery of looted cultural objects. The justice that eluded most of the victims of cultural thefts lay in the hands of art historians, museum officials, and civil servants who imposed an elitist conception of culture on the recovery politics of the postwar era.

5 countries have standing commissions dealing with art claims. The international community came together twice once in 1998 and again in 2009 to address among other things issues of cultural losses, in vain. On both occasions, public policy failed the claimants since the 49 countries that signed on to the Washington Principles and again to the Terezin Declaration failed to put into place adequate legal mechanisms that would assist the victims of cultural plunder. This absence of State support for dispensing with a modicum of justice to victims of cultural plunders produced a political and ethical abyss into which the private sector injected itself and countless lawyers were only too eager to represent those who had been denied justice…. For a fee. The failure of the international community to address the problem of cultural restitution produced the business of restitution, the commercialization of claims, and the search for profits through the recovery of looted art. Not just any looted art. Focus was placed again on high end items, so-called treasures and masterpieces where the margins were impressive if recovery was successful. There has been an unusual concentration of restitutions centered on art objects seized in Austria after 1938 which produced half a billion dollars’ worth of revenue in the last decade and, yes, the recovery of ‘masterpieces’ from the Austrian secession. The same emphasis again on ‘masterpieces.’ Can you imagine what provenance research would look like with even 1 per cent of that amount?

How many works by lesser known artists and craftsmen are making their way through auction houses, galleries, even hanging in museums, without our knowledge? Here ignorance is bliss. The less we know, the better off we are. There are no incentives for the private sector to become transparent about the objects that it brokers. Opacity continues to reign supreme even if small successes have been recorded in several leading auction houses and a nexus of galleries and museums.

How do we achieve justice?

There are those who argue that enough is enough, let’s end these claims. Get over it, move on. Enjoy art for what it is.

On the other side of the spectrum, people such as myself who enjoy art, consider genocide and the plunder that comes with it to be an abomination that make a Bosch painting look like a tea party. We want to make sure that justice is served even if it takes us another two or three generations to achieve it.

Is that realistic? I don’t know.

Is that reasonable? I don’t know.

Genocide does not take into account what is realistic and what is reasonable. It is a total extinction event that knows no borders, no boundaries, that feeds on blood and property.

And yet, there won’t be any survivors of the Holocaust left in the next ten years. Only their heirs, and their heirs’ children and grand children, and distant relatives far removed from the crime, who clamor for restitution. Should they?

Should restitution be viewed as an inalienable right? 

Part of me thinks so, part of me hesitates. Why?

One of the single tragedies of the restitution movement is the inability of institutions to mobilize their resources to educate the public about the crime of cultural plunder and its impact on society, the traumatic nature of the loss of the coveted, cherished possession. 

Art is about being human. 

Art is an extension of our souls, isn’t it? 

To remove it by force is to rend our spirit, to deprive us of something essential.

Some call it identity.

Research into the origins of art objects is a way of restoring to the object a life, a geist, a history, a story to share with all. Without provenance research, we are poor. The public and private sectors must mobilize the needed resources nationally and internationally to enhance research on objects in collections, make research results available to all. Museums should enshrine provenance research, due diligence practices into their daily rituals, free from the strictures imposed by their legal departments who live in fear of the dreaded claimant. Yes, provenance research should be as automatic as having breakfast in the morning.

Justice comes from being fair to all. True, we can’t ascribe blame all of the time to the current possessors. But neither can they hide behind their presumptive good faith. In theory, we are intelligent creatures and should be able to ask questions about the history of objects that we buy, borrow, display. Where contention develops over the ownership of a looted item, new mechanisms should be put into place on an international level that provide an impartial forum to the victims’ heirs and to the current possessors. These mechanisms should be linked to a systematic research effort into the histories of the objects. Such an institution should be impartial and answer to the highest standards of ethical and professional conduct. Dialogue amongst nations, institutions, and individuals, in my mind, is the only way to pave the way to a proper settlement of restitution claims anchored in a desire for justice.

The international community should elevate the crime of plunder to a crime against humanity at the same time as it reinforces the cultural rights of all peoples, especially indigenous peoples. Doing the former without the latter is absurd and hypocritical. How can you talk about plunder when you don’t discuss the fundamental cultural rights of people?

Failing the above, we are doomed to decades of bitter litigation and implementing every legal and political recourse possible, including outright seizures and confiscations of objects in order to bend the will of administrations into effecting the safe return of looted objects. Governments should stop invoking arcane, obsolete, arrogant, elitist notions of culture and patrimony to deny justice to the victims of cultural plunder, regardless of who you are and where you live, and which country you hail from. Nationalistic, chauvinistic approaches to cultural patrimony help no one except the bureaucrats who refuse to acknowledge that culture belongs to everyone and not just to the select few.

Thank you.

The illusion of numbers

by Marc Masurovsky

Ever since WWII ended, there have been a flurry of numbers thrown about to give a sense of the scope of the destruction of infrastructure and loss of life and property across Europe, with very little focus, by the way, on the Far East.

Still, this is what we commonly work with, lest you disagree:

-1/3 of Europe’s infrastructure bombed out of usefulness, including roads , railroads and bridges;

-at least 200 cities completely destroyed;

-close to 2000 towns or ‘shtetls’ razed from the face of the Earth where Jews accounted for most of the residential population;

Body counts:

Genocide of six(6) million Jewish men, women and children, at least two thirds of whom died in Eastern Europe and the former Soviet Union.

Mass murder of another five (5) million non-Jewish men, women, and children in camps, prisons, and other areas of confinement across continental Europe.

Perhaps as many as 40 million men, women, and children belonging to all groups, nationalities, ethnicities, and faiths across continental Europe, killed in the crossfire of “total war”.

Numbers games are hellatious exercises. They are numbing. They tend to neutralize our capacity to understand our propensity to kill. But there it is.

Plunder:

A bit more difficult to assess.

We should state, from the outset, that the victorious Allies devoted most of their energy in assessing the volume of financial assets that were looted by the Nazis in order to gain an idea of what was lost so as to come up with a reasonable/unreasonable reparations formula enshrined in the Paris Reparations Agreement of 1946 and in many more international agreements resulting from bilateral, multilateral talks and often complex discussions involving the representatives of Jewish communities in Europe and those survivors who sought refuge in the Americas and elsewhere.  Bank accounts, insurance policies, monetary and non-monetary gold and silver, precious stones, stocks, bonds, patents, trademarks--all of these instruments became subject to careful audits and assessments by the Allies. But we can't get into this right now.

The victorious Allied armies and the governments of liberated nations failed to conduct official audits of their cultural losses. Hence anyone today who professes to know how many paintings are still missing SHOULD NOT BE BELIEVED. There are no reliable sources of information to confirm or deny those assertions. One latest example is the final minute of “Woman in Gold”, a film by Simon Curtis, chronicling the losses suffered by the Bloch-Bauer family in Vienna at the hands of the Nazis in 1938 and 1939, and the (successful) attempt of their surviving heiress, Maria Altmann, to recover what became priceless paintings by Gustav Klimt hanging at the Belvedere Museum in Vienna. In the final minute, one can read rather dramatically that 120,000 works of art are still missing which were looted during WWII.

Who came up with that figure? We don’t know. But it is a gross perversion of the truth and the historical reality.

Back in December 1998, on the occasion of the Washington Conference on Holocaust-era Assets, the World Jewish Congress fed the delegates a similar figure then—125,000 paintings. PAINTINGS. Not drawings, not sketches, not furniture, not sculptures, PAINTINGS. Who came up with that? How did the WJC, in all of its infinite wisdom, arrive at such a number? No explanations given.

Then, another figure was bandied up in the following years, perhaps out of embarrassment that the previous figure of 125,000 was too low. 600,000 works of art were still missing. Now, that was a meaty number, indicative of a much larger problem. But no one cared to define what a work of art was—and is. Still, 600,000 stuck in the popular imagination, repeated effortlessly by pundits and journalists both in North America and in Europe. As if repeating the figure would make it accurate.

In sum, we have no idea how many paintings, drawings, sketches, gouaches, engravings, sculptures, furniture pieces, netsukes, pendants, candelabras, buddhas, decorative plates, murals, frescoes, tapestries, wall hangings, rugs, rings, earrings, necklaces, and other decorative objects, let’s not forget antiquities from every part of the Ancient World on both sides of the Atlantic and the Pacific Ocean,

Let’s not forget ritual objects from the Christian, Muslim, Jewish, and other faiths and religions, were stolen, many of which were melted down (those made out of gold and silver) to produce ingots that were then deposited at the Reichsbank.

We just don’t know. But 15 to 20 million objects sounds just about right.

Belated open letter to the "New Republic"

Leon Wieseltier, Literary Editor of The New Republic, Source: Brandeis University

by Marc J. Masurovsky

Why did it take so long for the "New Republic" to write about cultural plunder and restitution of looted art? Is it really because of the incongruous convergence of the so-called “Gurlitt Affair” and the global release of that “trashy and supercilious film”—the Monuments Men? Or put differently, why the silence for so many decades despite the fact that “restitution [is] as much as the next child of the dispossessed”? There are probably no easy answers to those questions and perhaps they are best left alone. Still...

“The obsession with restitution” is an obsession with justice, as exemplified by restitution of lost cultural assets, those items, those objects, those artifacts, regardless of value or museum worthiness, those parts of ourselves that serve as our extensions and our means of expressing non-verbally our deepest sentiments, longings, loves, and aspirations.

It is not just about Fragonard, Bellini, Tintoretto, van Dyck, Rembrandt, Leonardo and countless other “masters”. It is not just about the finest silver and the finest gold and the finest stones set in the finest settings. It is not about those rarest of rarest of books and incunabulae, or textiles carefully woven with the most precious fabrics for that most precious person. Actually, we are talking about something that makes you and I and our friends, our children, our relatives, and those around us whom we do not know, it is what makes us human, it is about culture. And culture is what Hitler and his henchmen and collaborators across Europe sought to uproot wherever it was deemed to be “Jewish” and “degenerate”, in order to substitute something clean, tasteful, that was Judenrein.

A crime against humanity.

In order to proceed with the uprooting of culture and the mass of objects encapsulated under that moniker, Hitler’s henchmen and collaborators across Europe committed an act of genocide. That makes Hildebrand Gurlitt, Cornelius Gurlitt’s father, an accessory to genocide, together with all other art dealers, collectors, museum officials and curators, art historians, auctioneers, and appraisers who found opportunity in State-sanctioned mass displacement of property that accompanied the slaughter of millions.

The dispossessed lost their homes, their property, their sense of self, the beauty around them was extinguished and they were only left to wonder why such horrors had befallen them.

There exists a significant emotional and spiritual linkage between people of all ages and backgrounds and ethnicities and creeds and the objects that surround them, that populate their lives. It could be a candelabra, it could be an incense burner, it could also be a small drawing by Edgar Degas, or a satirical piece by Georg Grosz or even a surrealistic painting by Felix Nussbaum, or a ditty scrawled on a napkin. It doesn’t matter what it is; it is the meaning that it embodies which is precious to us all. The crime consists in rending that object from our bosom, as if part of our soul had been ripped to shreds, and for what? For being Jewish, for being “different”? for being “unacceptable”? “undesirable”?

We certainly do not place objects above people. We place objects in the constellation of people, much like satellites circling planets. And when the satellite leaves its orbit, all hell breaks loose and we are released into the wilderness of space, aimless.

Fighting for restitution does not weaken our loss, it acts as a vital reminder of the world that was consumed in flames and gas, not completely, but almost. Obtaining restitution is but a small step to establish the cardinal principle that justice does exist and that with resolve and perseverance and belief in ourselves and in our kin and in higher principles, even if the outcome is hopeless much like it was for those young fighters in the Warsaw Ghetto, my personal heroes, we can assert the value of justice and reaffirm our right to exist while honoring the loss of those who came before us and cannot be with us due to a crime against humanity.

For myself, I am the single child of two artists, two artists who sought out the famed “School of Paris” and bought a one-way boat ticket from New York to experience it all in the City of Lights, poor as could be, rich as could be. Miserable but filled with the soul and spirit of what they embraced and lived—art and culture. Breathing it, in and out, every day, as pure as the driven snow, which drove them into the ground, because, as you know, the art market is unforgiving, cruel, and indifferent to human plight. By the way, Lincoln Kirstein and his ilk are part and parcel of that market, that cultured elite which enjoys driving artists into the ground in the name of Kultur. I make no apologies for being so fiendish and cynical but that is the cold reality that artists must endure. By extension, the “Monuments Men” would not have given the time of day to most artists incinerated in the Nazi apocalypse. Sad but true.

Where are we now? Most people think that the excitement today is about money. It always has been. People are what they are. A cheap headline always includes money. Journalists do not write about a restituted collection if the word “million” is not included in the header. That state of affairs comes from ignorance and intellectual opportunism, the flip side of “pornographic journalism.” It is no different today than it was in the 1930s and 1940s and 1950s. Yes, it is true that high-priced restitutions are good for the art market. There is a certain twisted logic in the way that the press, comforted by today’s elites, creates a perverse and distorted linkage between the restitution of looted art and the staggering values derived from those objects that have been returned to rightful owners. As if the only objects that were stolen by the Nazis were of museum quality and affordable only to the 1 per cent. Let's not forget that the 99 per cent are ignored by the press and whose clamor for justice is never heeded? Why then claimants to give up and simply “remember"?

Once again, it is not just about Gustav Klimt or Egon Schiele. It is about those thousands of artistic minds and creative spirits from dozens of nations who produced all kinds of works, in all sorts of media, as extensions of their spirit. It is up to us to appreciate them or ignore them, but their sum constitutes our cultural and artistic patrimony, like it or not. As to your quip about rescuing a piece by Damien Hirst, he occupies a space in our culture, even if we do agree here that his work might not be worth saving. But, if I did not save Hirst, why should anyone save my parents’ works? Who am I to judge what is worth saving and what is worth abandoning to a hellfire? Such flawed reasoning puts us square in the lap of the Monuments Men whose mission was to rescue the “cultural treasures” of Western civilization, worshipped in countless museum studies programs, institutes of art, and revered temples of culture, at the expense of the lesser-known, the lower tiers of cultural and artistic output. Cost-benefit analysis correlates with the rarefied air of high-priced recoveries and restitution of stolen art.

Miscellaneous thoughts about cultural plunder

Yellow badge made mandatory by the Nazis in France
Source: Wikipedia

There is a prevalent feeling that we trivialize the Holocaust if we emphasize material losses. We are told repeatedly that the Holocaust was not about property, it was about people and by seeking restitution of looted assets, whatever they may be, we end up reducing the Holocaust to a great train robbery. Well, my reply to this criticism is very simple. The Holocaust is far more than a wholesale continent-wide massacre of six million men, women, and children. It was an undertaking whose aim was to erase their culture, their religion, their faith, their aspirations, their ideas, their wants, their ambitions, their intellectual, economic, political, spiritual, social, presence on earth. The eradication of these six million men, women, and children led to a traumatic impoverishment of human society on a scale never seen before. To fully grasp the significance of the Holocaust, it was a gargantuan enterprise to remove their ideas, their visions, their opinions, their accomplishments, their friendships, their loves, their legacies, from human society. Most importantly, one of the prime features of the Holocaust was the vast and complex transfer of the property of these six million men, women, and children to non-Jewish Aryan possessors who found themselves enriched sometimes overnight by the illegal misappropriation of the personal, corporate, and intellectual assets of an entire group of individuals in 19 nations across Europe, Asia, and Africa.

Every object is but one infinitely small grain of sand on that beach of death called genocide on which we walk every day.

When the gloves come off, does this mean WAR?

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.

Plunder of culture

The plunder of culture is a crime against humanity. And the right to culture is a human right. Since the dawn of ages, men and women have defined themselves in part by leaving cultural and aesthetic tracks behind, a reminder of their identity as humans. It is a fitting and inalienable human trait to shape for others to see and judge and appreciate what we call “culture”. Its forcible removal and attempted elimination through misappropriation and destruction as during the Holocaust are therefore a crime against us all, as individuals and as members of collectivities and groups defined by language, geography, and belief systems.