In this and the next three posts, I’ll look briefly at the current state of restitution of Nazi looted art in the UK.

The first case in this story is not in the UK, but it makes a good introduction, by setting a clear context of how some people are only now trying to retrieve looted works and why they are doing so.

The quest to retrieve the Degas painting began in 1995 and became the first Nazi loot case to be settled in the USA. This is a reminder of how far we have managed to come in a few years. Museum attitudes are shifting, although not every country moves at the same pace.

Below is a summary of the story. Make sure you click through to it to listen to the entire two minute radio clip though.

Simon Goodman standing next to the portrait of his great-grandfather Eugen Gutmann, painted by the German artist Franz von Lenbach (1836-1904). Credit: Laura Hubber

From:
BBC World Service

My grandfather’s art was looted by the Nazis
08 February 2019

After the death of his father, Simon Goodman embarked on a 20-year mission to reclaim the world class artworks his German-Jewish ancestors had collected before World War Two.

Simon’s landmark discovery of the Degas painting ‘Landscape with Smokestacks’, which had once belonged to his family, became the first Nazi art looting case to be settled in the United States.

The National Gallery is trumpetting this decision, but it seems more down to legal technicalities than any judgement of innocence or otherwise

Legal action in restitution cases take many forms. One case that has interested me in the past is that of Agudas Chasidei Chabad v. Russian Federation, et al. As I mentioned at the time, it had commonalities with a potential case I had heard presented relating to the same US court and the Parthenon Marbles.

When trying a case in a foreign court, there are many pitfalls to be aware of, not least the potential difficulties of enforcing any judgement. Another important aspect however in the US courts is that of the Foreign Sovereign Immunities Act (FSIA). I have heard reasons why both the above cases met (or would meet) the conditions set by the Act – but it is worth bearing in mind that other cases have not been so lucky.

This news story relates to the heirs of a painting by Matisse, which was given by the owners (in Berlin) to someone (in Switzerland) for safekeeping in the chaotic aftermath of World War Two. This presents an interesting case (from a British point of view), in that it neatly avoids the (necessarily specific, but thus rather blunt) definitions of the Nazi Era used the in UK’s Holocaust (Stolen Art) Restitution Bill. Of course, as this case was tried in a foreign jurisdiction, the aforementioned act would not apply in this case anyway.

The person in Switzerland entrusted with looking after the artwork then sold it and kept the proceeds. The painting eventually ended up in the UK’s National Gallery.

In this case, the Federal Appeals court in New York has rejected the claim, due to the fact that it does not meet the conditions of the FSIA, because the painting was taken by an individual rather than a state.

That said, this is a technical argument that means that the case can not proceed. It in no way endorses (or not) the due diligence by the National Gallery in checking the origins of a work by a well known artist (which has echoes of the Feldmann paintings about it). Possibly another case brought under a different jurisdiction might find differently. With the Feldmann Paintings, while the British Museum claimed that they were acquired in good faith, it now argued that it felt there was an overwhelming moral case for their return. Perhaps the National Gallery should follow suit?

Matisse’s Portrait of Greta Moll (1908)

From:
The Art Newspaper

Court rejects claim to Matisse owned by National Gallery
Rebuffing heirs, an appeals panel in New York says the court lacks jurisdiction
Nancy Kenney
11th September 2018 18:26 GMT

A federal appeals court in New York has rejected a claim to a 1908 Matisse painting owned by the National Gallery in London by three grandchildren of the muse portrayed in the work.

In demanding the work’s return, the heirs had argued that the painting, Portrait of Greta Moll, was illegally sold by a former art student to whom the painting had been entrusted for safekeeping in the aftermath of the Second World War. The portrait changed hands several times before it was acquired by the National Gallery in 1979.
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Britain has the perfect opportunity to do the right thing and resolve differences in the coming months

The Parthenon Marbles is one of many outstanding international issues that the UK has with other EU countries. If they are going to proceed with exiting the EU, then resolving such issues may well pave the way for greater concessions argues Geoffrey Robertson.

Part of the Parthenon frieze in the British Museum

From:
Guardian

Let’s do a Brexit deal with the Parthenon marbles
Geoffrey Robertson
Tuesday 4 April 2017 08.30 BST

Not yet a week since the triggering of article 50, and already hope of cordial negotiations seems optimistic. At the weekend, amid early jostling over the post-Brexit fate of Gibraltar, former Tory leader Michael Howard implied that one way to resolve that situation could be a war with Spain.

Thus far, the focus has been on the politics, the pounds, shillings and euros and the colour of passports, but in the search for common ground it’s worth remembering that the European Union treaty itself, in articles 3 and 167, places a duty on both sides in negotiations to take into account the need to “ensure that Europe’s cultural heritage is safeguarded and enhanced”. Here there is scope for a gesture that may allow talks to proceed more constructively.
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Recent efforts by the IARPS in the fight for restitution

Below is a media release from the IARPS, detailing recent initiatives in the campaign to return the Parthenon Sculptures.

MEDIA RELEASE
More than 200 years after Lord Elgin infamously removed approximately half of the iconic sculptures from the Parthenon and eventually sold them to the British Government, the campaign for their return has been waged by Philhellenes around the world.

The Greek Government has now resolved to renew and intensify its efforts for the return of the Parthenon Sculptures following an extensive consultation and co-ordination meeting between Professor Louis Godart, the newly-elected Chairman of the International Association for the Reunification of the Parthenon Sculptures (IARPS)1, and the President of the Hellenic Republic, Mr Prokopios Pavlopoulos and the Greek Minister of Culture and Sport, Ms Lydia Koniordou. Also present were the Secretary-General of the Presidency of the Republic, Ambassador George Yennimatas, the Secretary-General of the Ministry of Culture, Ms Maria Vlazaki, the Advisor on Cultural Affairs to the Presidency of the Republic, Ms Sophia Hiniadou Cambanis, together with the members of the Special National Advisory Committee for the reunification of the Parthenon Sculptures and senior representatives of the Ministry of Foreign Affairs.
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Parthenon Marbles round table discussion to form part of cultural tourism conference

The TourismA 2017 conference is taking place in Florence at present. As part of Sunday morning’s programme, there is a round table discussion on the Parthenon Sculptures, the campaigns for their return, how individuals can get involved and the practicalities of resolving the issue.

I will be attending as one of the panelists.

If you are in the area, please drop in to join the discussion.

To find out more about the event, please visit the official site for the exhibition.

TourismA exhibition, Florence

A great mind, as a barrister he defended numerous cultural property cases

I was very sad to hear yesterday of the death of Professor Norman Palmer.

I have met him numerous times, both at conferences and other events relating to cultural property restitution, as well as sitting on the opposite side of the table from him, as part of the group interviewing a team about their suitability for representing Greece in the case to reunify the Parthenon Sculptures.

Readers of this site may be most familiar with him as part of the team with Geoffrey Robertson and Amal Clooney that met with the Greek Government in 2014. Palmer was also well known within the sphere of cultural property restitution for chairing the Human Remains Working Group, whose work eventually led to the change in UK law allowing the repatriation of human remains to indigenous peoples in Australia and elsewhere.

He advised governments and international bodies on the drafting of new cultural property laws and was instrumental in the resolution of various cultural property disputes. He was also a great supporter of mediation and other out of court settlement methods for cultural property disputes.

Immensely knowledgeable, Norman’s academic credentials added gravitas to any team he was a part of. He will be sadly missed.

Professor Norman Palmer QC

From:
Institute of Art and Law

In Memoriam – Norman Palmer QC CBE
Posted on: October 5, 2016 by Alexander Herman

We are sad to announce that the Institute of Art & Law’s Academic Principal, Norman Palmer QC (Hon) CBE, has passed away. Norman was the guiding light of this organisation ever since its beginnings over twenty years ago. Along with his wife, Ruth Redmond-Cooper, he made the IAL what it is today. He provided countless hours of instruction to hundreds of students and will no doubt be sorely missed by all. His wisdom and intellectual curiosity led to the publication of foundational tomes, including Palmer on Bailment, Art Loans and Museums and the Holocaust, as well as dozens of articles in the area of art and cultural property law.

And some more details about him and his career.
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A moot court is being held at Monash University in Melbourne to discuss the issue

A moot court (AKA mock trial) is being held at Monash University in Melbourne. The title is: Greece v UK: The Parthenon Marbles Case. The event is jointly organised by the Hellenic Australian Lawyers Association (HAL) and Monash Law School.

Please the link here to reserve tickets if you are planing on attending.

Greece V UK – The Parthenon Marbles Case moot court flyer

From:
Trybooking

HAL (VIC) – Greece v UK: Parthenon Marbles Case
19 Oct 2016

Description

Greece v UK: The Parthenon Marbles Case – moot court and panel discussion

This year marks 200 years since the British Government controversially purchased the Parthenon Marbles from Lord Elgin and displayed them in the British Museum. The longstanding legal and diplomatic dispute about who owns them – Greece or the UK – continues to this day.
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Reunification of the Parthenon Marbles: breaking the deadlock?

Dr Tom Flynn of the British Committee for the Reunification of the Parthenon Marbles is giving a talk at the University of Geneva on 15th September. The talk is titled: The reunification of the Parthenon marbles and the role of cultural diplomacy in breaking the deadlock – Will we have to wait another 200 years?.

Find out more at the Facebook page for the event here.

Flyer for talk at University of Geneva by Tom Flynn

From:
Event Facebook page (google translated)

Reunification of the Parthenon Marbles: breaking the deadlock?
15 September at 19:00–21:00
Université de Genève – Uni Bastions

As part of the British Parliament’s vote bicentennial deciding to entrust the Parthenon Marbles in the British Museum, the Swiss Committee for the Return of the Parthenon Marbles is pleased to invite you to the conference at the Law Centre of the art of the University of Geneva and the European Centre culture:

“The reunification of the Parthenon marbles and the role of cultural diplomacy in breaking the deadlock – Will we have to wait another 200 years?”
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Although many would like them returned, others take a certain pride in the way they have been preserved overseas and feel that they are perhaps better looked after there

This article sums up something that I have noticed hinted at in various previous articles and more specifically in comments on twitter.

Within Britain’s largest museums, there are huge collections of artefacts that were acquired from India in a range of circumstances, some more questionable than others. Many in India justifiably want some of these artefacts returned. Many more however, see the well preserved state of the artefacts in the UK as a contrast to the lacklustre state of many museums in their own country. Still more do not trust the motives of politicians, who they feel want items returned only for nationalist reasons.

I think a lot of the ambivalence to restitution of Indian artefacts perhaps stems from the distrust many have of the government there – endemic corruption potentially puts the items at greater risk if they are returned home. In a perfect world though, when these issues are solved, I would hope that more in India would want to also reclaim their heritage.

Detail from the Amravati Stupa in the British Museum

From:
Indian Express

British museums shine thanks to all the loot from India
Adrija Roychowdhury
Published on:August 15, 2016 12:41 pm

In Britain, a museum visitor from India is suddenly made aware of how his or her past has brutally been ripped away and appended to British history, now on display for tourists from around the world to gloat over.

I first stepped onto the streets of London in the summer of 2015 as part of research work for my Masters thesis. An apt way to describe the city would be to call it a snippet of a dream carefully plucked out from a history book. For someone who was enthralled by the magnificence of British history, London was everything I had read and heard about all my life.
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Could Britain leaving the EU lead to the return of disputed Nigerian treasures

Taking a cue from the Parthenon Sculptures (Return to Greece) Bill, and the legal claim inadmissibility, questions are being asked about whether Brexit could be a route to the repatriation of other disputed artefacts in the British Museum. Nigeria has various claims relating to the seizure of artefacts from the ancient kingdom of Benin during punitive raids by the British in 1897.

Benin Bronzes in the British Museum

From:
The Guardian (Nigeria)

Brexit: How hope may rise for Nigeria’s looted artefacts
By Tajudeen Sowole
31 July 2016

If the two centuries of ownership crisis between United Kingdom and Greece, over controversial Parthenon Marbles, is resolved as a result of Brexit, hopes may appear on the horizon for return of artefacts of Nigerian origin incarcerated in the British Museum, London. Currently, what has been described as “a cross party group” of British MPs has reopened bid to return the Parthenon marbles to Greece as part of effort to keep healthy relationship with Athens after Brexit.

Also known as the Elgin Marbles, the objects, which include parts of sculptures and frieze from 2,500 years old of remnant ancient master pieces became subject of ownership tussle after the British government acquired them 200 years ago. The sculptures were originally removed from Parthenon, an ancient edifice in Athens by the seventh Earl of Elgin, Thomas Bruce, who was suspected to have ‘stolen’ the pieces from Greece during Ottoman Empire rule. But the then British Parliament disagreed that the marble pieces were illegitimately acquired.
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Further coverage of the rejection by the European Court of Human Rights of the first case brought there for the return of the Parthenon Marbles

The ECtHR might have deemed one case for the return of the Parthenon Sculptures to be inadmissible, but this doesn’t mean that this is the end of legal battles to secure their return.

Read yesterday’s article for a more in depth understanding of the legal reasons and why these may just be a delay on the road to restitution, rather than a dead end.

The European Court of Human Rights Building in Strasbourg

From:
Greek Reporter

European Court of Human Rights Throws Out First Legal Bid to Return the Elgin Marbles to Greece
By Kerry Kolasa-Sikiaridi
Jul 20, 2016

It has been 200 years since Greece was robbed of its famous marble Parthenon sculptures, known around the world as the so-called “Elgin Marbles.”

Just when it seemed that these 2,500-year-old marbles might actually be returned to their home in Athens, the European Court of Human Rights has thrown out the first ever legal motion to force the UK to return the sculptures to Greece, brought about by the Athenians’ Association.
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Further coverage of the parliamentary bill tabled on the bicentenary of the legal handover of Elgin's sculptures to the British Museum

Further coverage of the Parthenon Sculptures (Return to Greece) bill, currently presented to the UK Parliament.

Part of the Parthenon frieze in the British Museum

From:
Observer

UK Parliament Pushes Bill to Return Elgin Marbles to Greece
By Alanna Martinez
07/15/16 9:08am

For 200 years there’s been squabble over who rightfully owns the world famous Elgin Marbles: the British Museum or Greece? Now, even Brits themselves are pretty sure the answer is “not us.”

The sculptures were taken (or stolen, depending who you ask) from the Parthenon between 1801 and 1805 by Lord Elgin, British ambassador to the Ottoman Empire, and in 1816 they were purchased by the British Museum following parliamentary approval. Earlier this week, a new bill proposed by members of parliament could transfer ownership of the sculptures back to Greece on the 200th anniversary of Britain’s controversial acquisition of the artifacts, reports the Independent.
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