Restitution of Jewish Cultural Property Looted in World War II: To Whom?

Abstract

The Hague Convention on Cultural property of 1954 prohibits the transfer by the occupier of cultural property from territory occupied by him. Under the Protocol annexed to the said Convention, the parties to it undertake to return cultural property transferred in contravention of the Convention to their countries of origin. These provisions arc clearly inadequate when dealing with Jewish cultural property looted by Nazi-Germany and its collaborators in the course of World War II. Jewish cultural heritage was usually considered as endangering the cultural heritage of the host nations and, consequently, subject to harassment and destruction. It would therefore seem inequitable to return looted Jewish cultural property (representing the cultural heritage of the Jewish people) to (those countries from which it was looted; the proper recipient of this heritage (also by virtue of the principle of self-determination) is the Jewish people represented by the State of Israel and the major contemporary Jewish communities around the world.