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Foodie Lit
Adena Bernstein. Stolen Legacies
 

“Law and morality often intersect, but they are not the same thing. Law provides rules, procedures, deadlines, and finality. Morality asks a different question: What is right?” So writes Adena Bernstein in her expertly written account of art stolen by the Nazis and their collaborators during their occupation of Europe.

 

Stolen Legacies documents art stolen during the Holocaust, 1932-1945. She notes the laws or lack of laws regarding the restitution to the rightful heirs. She shows flaws in the legal process in detailed documentation from various countries and institutions.

Even good laws can be improperly or unevenly enforced. This depends on the motivation of those enforcing the law, directly linked to the countries and institutions that have received stolen art.

Adena writes, “In the context of Nazi-looted art, that distinction matters enormously. A museum or collector may have a technical legal defense, but that does not necessarily mean keeping the artwork is morally defensible. One of the themes of Stolen Legacies is that law seeks finality, but memory does not. The passage of time may make a claim harder to prove, but it does not erase the original injustice.”

Many European institutions and individuals that acquired stolen art didn’t want to return it. Removed from the walls of homes, the art was both hidden in private collections and vaults or openly hung on the walls of museums, banks and government centers.

 

Many current owners demanded paperwork that was impossible to produce after deportation, concentration and DP camps. Some denied that coercion had been used on Jewish owners, even with the knowledge of persecution era forced sales or simply theft after Jews were deported or murdered. Some laws stipulated that the rightful owners could only sue for ownership if the current possessors agreed. Most did not.

The author shared a point that is crucial about restoring stolen property. “Restitution is not only about returning valuable objects. It is about acknowledging that the Nazis did not just steal property; they stole identity, memory, history, and family legacy.  Every delayed case forces heirs to prove again what their families already suffered. That delay can become its own form of injustice.”

The seizure of art happened across much of Europe and was sold or stored in non-Nazi occupied areas such as Switzerland or Spain. Sales were brisk, paperwork often sketchy preventing real provenance. Much of the artwork was worth millions and those holding these precious painting and sculptures resisted restoration to the original owners, not wanting to lose their money and prestige.

 

There is an ambiguity in countries that were occupied by and collaborators with the Nazis, such as France and Austria, or the Netherlands and Belgium, with many collaborators.

There are several European countries that simply have no legal framework or structures to review Holocaust era claims. Although each country differs, Spain, Belgium, Italy and Hungary exist without legal mechanisms; they limit litigation and restoration. Even when countries have signed international agreements, the return of art often is limited, infrequent and difficult.

The secrecy that many governments and institutions still maintain shield them from moral and financial responsibility. Greater transparency is essential to promote justice for the victims. There is no international standard but rather a patchwork of laws and systems from each country that isn’t even consistent within all its institutions.

 

While not involved in looting, many UK and US museums and private collectors were the recipients of looted art. The US took the lead legally in allowing claimants to pursue restitution, keeping the process transparent and acknowledging the immorality of the Nazi seizure. The US processes are not voluntary nor suggestions, as in other countries, but legally binding justice.

Israel’s role is quite distinct. Created after the devastation of WWII, the Jewish homeland often receives the returned art because many victims are no longer alive. This is especially true of heirless property, received when entire communities were destroyed. “In Israel, restitution is inseparable from remembrance…. Provenance is not just paperwork; it is testimony” (290). It is memory.

 

Laws about restitution are still being created today, revealing what Adena describes as “the sobering reality that, even eight decades after the war, many claims remain unsolved” (189). Law and morality often do not coincide.

 

Adena’s connection to these cases is twofold:  from her expertise as a prosecutor and as the granddaughter of Holocaust survivors. “I thought of my own grandparents’ experiences and how legal forms and Nazi decrees tried to make theft appear lawful. It was never lawful. It was plunder and this restitution helps remove that illusion.” (205)

She acknowledged that rising European antisemitism may delay the return of the substantial amount of art still not in the hands of the original families.  However, she states, “
At the same time, the rise in antisemitism may also remind people why this work matters. Returning stolen art is not only about the past. It is a statement about whether we are willing to recognize Jewish lives, Jewish families, and Jewish cultural identity as worthy of protection today.”

 Adena ends her thoroughly researched work with this premise: “Justice does not always begin in a courtroom or a museum gallery. Sometimes it begins with acknowledgment, naming what was taken, recording how it was lost, and refusing to allow silence to stand in for resolution…. It keeps legal questions grounded in their human core, where restitution must ultimately find its meaning” (388).  The stolen legacies can never be restored with the return of a piece of art. Even after 81 years, restoration is a symbol that law can be moral, reveal truth and restore trust in the future.  “I began to see paintings not only as beautiful objects, but as witnesses. They carry evidence of family life, culture, identity, and rupture… That is what changed for me most: I stopped seeing art as separate from people.”

European and Israeli culture is epitomized by the many cafés which dot the streets of cities and towns. During the upcoming weather, enjoy this Café Iced Coffee on your own terrace, deck or stoop. Make 2 and invite a friend!

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