Should Stolen Holocaust Art be Returned? Legal and Policy Perspectives and Recent Cases Developments

The internationally felt need to find solutions for problems connected with the after-effects of the large-scale theft of cultural artefacts belonging to Jews which took place during the Nazi regime, resulted in 1998 in the acceptance of the Washington Principles on Nazi-confiscated Art. These guidelines, which were ratified by 44 countries, were based on the assumption that a "just and fair solution" was to be the goal for art which had been stolen by the Nazis. In this connection, emphasis was given to alternative dispute resolution mechanisms which were not legal actions brought before the Courts. In compliance with this policy put forward by the international community, various countries have implemented measures since 1998 which concern what is termed as ‘heirless art’ within their national collections. In Europe, this has resulted among other things in the institution of various advisory committees which concern themselves with the problems surrounding art stolen by Nazis. To commemorate the tenth anniversary of the Dutch Restitution Committee, five European advisory committees will meet, for the first time, in The Peace Palace in The Hague. Delegates from committees from Austria, France, Germany, the United Kingdom and the Netherlands will have an opportunity to discuss the question as to which possibilities exist in their respective countries for former and current owners of Nazi-confiscated art, either by regular judicial procedures or by approaching the committees.