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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Berlin’s Pergamnon Museum has been the subject of various restitution requests from countries such as Turkey. Not for the first time though, Germany is trying to turn the whole situation on its head, by clamouring for the return of some of the artefacts from its museums that were taken by Russia. This approach would be fine – but for as long as it ignores the requests for restitution of items such as the Pergamon Altar, they shouldn’t expect other countries to have too much sympathy with their predicament.

It has to be added though – that Russia’s behaviour has hardly been exemplary either. Particularly in its attempts to deliberately highlight just how many artefacts they managed to illegally acquire from Germany.

From:
Independent

Mary Dejevsky
Tuesday 18 June 2013
The Pergamon Museum offers a pointed message from Berlin to Russia – give our treasures back

Briefly in Berlin, I took time out to visit the Pergamon Museum, which houses –among many, many antiquities, the remains of the great temple and its altar. If you’re at all queasy about how the Elgin Marbles reached the British Museum and why they are still there, you should probably give the Pergamon temple a miss. Otherwise, it is one of the great relics of the ancient world, rescued – or looted, depending on your view – for the delectation and education of more northerly Europeans.

There are, though, good reasons why – despite any misgivings – it’s worth going. One is that the Pergamon Museum is part of a grand, and still growing, ensemble that occupies Museum Island just a short distance from the Reichstag. Clustering so many grand collections together, rather than scattering them around the city in the name of regeneration, provides a magnificent monument to high culture that is unique to Berlin.
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The Egyptian Museum in Berlin is celebrating the centenary of the discovery of the bust of Nevertiti. Perhaps this would be a fitting point, for them to also enter into serious discussions with Egypt, who also claims ownership of the artefact.

From:
Hurriyet

Berlin marks 100 years of discovering Nefertiti
BERLIN – Agence France-Presse

Berlin’s Egyptian Museum has said that it will celebrate the centenary of the discovery of the 3,400-year-old fabled bust of Egypt’s Queen Nefertiti amid an ongoing feud with Cairo over its ownership.

The museum said it would open an exhibition on Dec. 6 honoring the famous sculpture and other jewels of the Amarna period in its collection on the German capital’s Museum Island.
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Some sources have described this situation as restitution in reverse – but it is really only reversed, in terms of the fact that the party the artefact was taken from is a museum & the party that now holds it is an individual. The ruling does nothing to reverse the logical outcome – that the party holding onto the looted artefact is instructed to hand it back to the original owner.

From:
New York Times

Nazi Victim’s Family Told to Return Artifact
By PATRICIA COHEN
Published: June 1, 2012

The decision turns on its head the familiar scenario of Holocaust victims suing to reclaim property stolen or extorted from them by the Nazis. But in this case, according to court papers, the precious 3,200-year-old Assyrian artifact had been looted, not from the survivor, but from the Vorderasiatisches Museum in Berlin, at the close of World War II.

It is not clear how the survivor, Riven Flamenbaum, came into possession of the tablet after his liberation from Auschwitz in 1945, when he was sent to a displaced persons camp in southeastern Germany.
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A court in Berlin has ruled that a German Museum must return a collection of rare posters that were taken from the ancestors of Peter Sachs by the Nazis in 1938. The court made the decision, because to rule otherwise would “would perpetuate Nazi injustice”. If only such moral judgements could be made in British courts regarding the requests for return of artefacts such as the Parthenon Marbles. It is worth noting that due to the size of the collection, in recent years, only a small part of it has ever been on display as the museum at any one time.

From:
BBC News

16 March 2012 Last updated at 12:35
Nazi looted poster art must be returned to Peter Sachs

A Jewish man has won his fight against a German museum for the return of thousands of rare posters stolen from his father by the Nazis in 1938.

Berlin’s Federal Court of Justice ruled Peter Sachs, who now lives in the US, is the rightful owner of the posters.
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A (somewhat subjective, but still interesting) list in the New York Times of the most disputed antiquities, following the return of some Egyptian Artefacts from the Metropolitan Museum.

From:
Gadling

The world’s most disputed antiquities: a top 5 list
by Melanie Renzulli on Aug 3rd 2011 at 1:00PM

New York’s Metropolitan Museum of Art announced Tuesday that it would return 19 Egyptian antiquities that have lived at the museum for most of the last century. These artifacts, excavated from the 14th century B.C. tomb of Pharaoh Tutankhamun (King Tut), include a sphinx bracelet, a small bronze dog, and a broad collar with beads, among other bits and pieces. Zahi Hawass, the former Secretary General of the Supreme Council of Antiquities of Egypt, argued for the artifacts’ return in November 2010, claiming that the artifacts had been removed from the tomb illegally in the 1920s. But, the instability in Egypt during and following that country’s revolution this year has delayed the repatriation of King Tut’s belongings.

One of the biggest arguments in the art world is the repatriation of objects, particularly antiquities. On one side of the debate are art scholars who feel that ancient objects should remain in the care of their current (usually Western) museums or locations. The other side argues that antiquities should be returned to the countries from which they were removed because they were taken during times of war and colonization or were stolen and sold through the highly lucrative art black market.
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The artefacts that the Met agreed to return in 2010 are now ready to be returned to Egypt.

From:
Reuters

New York’s Met to return 19 artifacts to Egypt: MENA
CAIRO | Sat Jul 30, 2011 6:23am EDT

(Reuters) – New York’s Metropolitan Museum of Art has agreed to return to Cairo 19 artifacts dating back to the time of ancient Egypt’s teenage king Tutankhamen, the state news agency MENA said on Saturday.

Egypt has been pushing for the repatriation of major pharaonic treasures it says were plundered by foreign powers, including the Rosetta Stone now in the British Museum and Queen Nefertiti’s bust from Berlin’s Neues Museum.
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Egypt plans to step up their efforts to secure the return of the bust of Nefertiti currently house in Berlin’s Neues Museum.

From:
Al Ahram

Egypt steps up bid for Nefertiti bust
The renewed campaign for the return from Germany of the iconic bust is among plans for the return of other artifacts to enhance the exhibits at the new Grand Egyptian Museum in Giza
Nevine El-Aref , Tuesday 3 May 2011

Egypt’s minister for antiquities, Zahi Hawass, has announced that he will send an official letter to the German government requesting the return of the painted Nefertiti bust now on display at the Neues Museum in Berlin. Hawass revealed his intention during an inspection tour around the different sections of the planned Grand Egyptian Museum (GEM) overlooking Giza plateau. He added that with the letter he will include all documents confirming Egypt’s ownership of the bust, confirming that it was taken illegally to Germany.

“These documents are a statement to the whole world that the Nefertiti bust belongs to Egypt and not Germany,” Hawass said, pointing out that if he was not able to return the bust now, whoever succeeds him will.
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Against the backdrop of looting carrying on in Egypt, many museums around the world holding artefacts on which restitution claims have been made were quick to step forward highlighting how the artefacts were safer outside the country. It is hard to see though how this was ever the intention when the artefacts were removed – a fortunate co-incidence does not justify the rebuttal of repeated return requests that are made to museums of the west. Security is not guaranteed in any country – one wonders whether these museum would be desperate to return the artefacts if their own country was besieged by looting & riots – or whether they would quickly find a different argument in favour of maintaining the status quo.

From:
Deutsche Welle

Art | 28.02.2011
Egypt’s cultural artifacts are casualties of political unrest

In the wake of political turmoil in Egypt, questions linger about the damage inflicted upon its archaeological treasures. But how much the international community can or should do remains unclear.

While Nefertiti sits with her head held high on Berlin’s Museum Island, archaeologists are besieged with worry over the cultural riches in her home country. Graves have been plundered; artifacts were found smashed in the corners of a famous museum; and protestors have demanded the resignation of Egypt’s antiquities minister, Zahi Hawass, known for his aggressive pursuit of Egyptian artifacts being kept abroad.
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Despite repeated requests, various museums holding Egyptian artefacts seem reluctant to ever enter into any sort of serious negotiations over the disputed pieces, instead meeting any return requests with an immediate rebuttal.

From:
Modern Ghana

NEFERTITI IN ABSURDITY: HOW OFTEN MUST EGYPTIANS ASK GERMANS FOR THE RETURN OF THE EGYPTIAN QUEEN?
By Kwame Opoku, Dr.
Feature Article | Fri, 28 Jan 2011

“On the other hand, even after giving away the colourful bust of Nefertiti, the Berlin Museum would still be far superior to all other collections, including that in Cairo, as regards the number and artistic value of the artworks from the Amarna period. And among our stock are many pieces that are of higher artistic rank than the elegant bust of the colourful queen”.
James Simon, 28 June 1930 (1)

The latest argument for detaining Nefertiti is clear evidence that the holders of the cultural property of others have no valid reason for depriving them of their cultural symbols. (2)
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Museums (generally those in the Western World, that have artefacts that others want returned) have long argued that they safely look after their collections, preserving them with a level of care that would not be possible elsewhere. Stories such as the one below however, remind us that there is no guaranteed safety anywhere in the world. And surely it is all the more upsetting for the original owners if they were denied access to their own artefacts, only to see them destroyed or damaged, while in the care of another institution?

An earlier article about the reconstruction of the sculptures follows at the end of the first one.

From:
Press TV

Berlin exhibits shattered WWII statues
Thu Jan 27, 2011 6:55PM
The German city of Berlin has mounted an exhibition of ancient statues and stone reliefs nearly destructed during bombings of the World War II.

The Tell Halaf Adventure displays 3,000-year-old basalt statues unearthed in present-day Syria a century ago.

The sculptures were broken into thousands of pieces during 1943 bombings and kept in the vaults of the capital’s Pergamon Museum and then in East Berlin.
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More coverage of Germany’s refusal to return the Bust of Nefertiti to Egypt.

From:
Press TV

Germany not to return Nefertiti bust
Wed Jan 26, 2011 5:37PM

Germany has once again refused to return the bust of Queen Nefertiti, an ancient Egyptian sculpture housed at the Neues Museum in the city of Berlin.

Egypt’s Supreme Council of Antiquities (SCA) had sent a request to the Prussian Cultural Heritage Foundation, asking for the 3,400-year-old piece which attracts more than one million visitors every year.
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