Student Comment on Recovering WWII-Era Art from Russia

Michael Cosgrove has a student comment on remedies for the return of art from Russia:  Still Seeing Red: Legal Remedies for Post-Communist Russia’s Continued Refusal to Relinquish Art Stolen During World War II, 12 Gonzaga Journal of International Law (2009).  From his introduction:

            When the Red Army entered Germany at the end of World War II, it seized 2.3 million objects including paintings, sculptures, and other works of art. At the time of this writing in 2009, the bulk of those objects are still in Russia. In addition to hundreds of thousands of pieces that belonged to German citizens and German museums the Russians hold paintings that the Nazis had stolen from all over Europe. Many of the works in question have been kept in locked rooms in the basements of museums since the end of the war. Although there were some encouraging signs that the art might be returned, or at least allowed to be displayed, with the end of the communist government, it does not appear that Russia is considering a large scale return of the art at this time. To the contrary, the Russian government has long held that the art is restitution for the destruction and theft of Russian art by the Nazis, and passed a law in 1998 that declares that the art is state property. This article explores the international legal remedy for procuring that art from the Russian government. “[U]ntil every one of those paintings, prints, sculptures, tapestries, and artifacts is returned, it will be impossible for us to walk through most of the world’s museums and galleries without wondering if we are staring into the haunted face of the spoils of war.” At the outset, a conclusion: favorable verdicts are obtainable, but the successful conclusion of litigation will only be the beginning of the exceedingly difficult task of enforcing a verdict against an obstinate and neo-nationalistic Russian government.

Questions or Comments? Email me at derek.fincham@gmail.com

Leave a Reply

Your email address will not be published. Required fields are marked *