Legal Commentary

The heirs of Hungarian banker Baron Mor Lipot Herzog, one of the most well-known art collectors of his time, have filed suit in the United States District Court for the District of Columbia against Hungary and some of its museums seeking restitution of their art.  The heirs have sought restitution out of court from Hungary and its museums for over twenty years.  The Iron Curtain prevented much restitution discussion for almost fifty years after the end of Word War II, of course.  Hungary has one of the worst restitution records of any nation. 

The heirs also have had a case pending in Russia since 1999.  Russia's record on restitution is abysmal.  It has labeled art taken back home by troops as "trophy art" to serve as cultural restitution for Nazi destruction of evidence of Slavic culture in the East.  Its argument fails to take into account many compelling reasons to return the art, including that much of the art was stolen from Jews before being acquired by the Nazis.  When I visited the Hermitage Museum in St. Petersburg, two rooms full of "trophy art" were on display. 

This year, Germany restituted a number of pieces to the Herzog heirs, including a painting auctioned for $8.5 million earlier this month.  The proceeds of that auction will be used to fund the litigation.  Some people are saying that the Herzog heirs' claim is the world's largest unresolved Holocaust art claim; at least $100 million is at issue in the law suit alone.  Here and here are two informative articles. 

It is essential for the United States to exercise leadership concerning Holocaust asset restitution if we are to expect Eastern European nations to honor undeniably meritorious restitution claims.  Over one-half millions Jews were killed in the genocide in Hungary during World War II.  Don't the survivors, who lost everyone and everything, at least deserve their property back?