Washington Principle #1: A critique

In conventional terms, we think of “art” as paintings, works on paper, and sculpture, especially of the highest quality, museum-worthy pieces. This definition would be consistent with the overall approach applied by the United States, the United Kingdom, France, and other countries in the immediate postwar years as their agencies searched for looted “art.” But in reality, “art” covers many disciplines and media, many forms of expression and purposes whose quality varies greatly in content, style and esthetics. Most of the “art” that had been “confiscated” by the Nazis did not consist solely of paintings, works on paper, and sculpture. It included furniture, accessories, other kinds of decorative objects, any object that, although functional, and even ritualistic presents esthetic values which would earn it the label of “art.” The ERR database, for instance, is clear proof of this broad expanse known as “art.”

“confiscated by the Nazis”: 

the word connotes an order from on high to seize someone’s property. Hence, we are to understand that the Nazi government or authorities order the “confiscation” of “art” from their designated victims. This narrow definition of how “art” changed hands illicitly begs for clarification as it is historically reductionist and therefore conveys a skewed vision of the historical reality. The word “confiscated” excludes other forms of dispossession brought about as a consequence of the Nazi seizure of power in January 1933 and does not reflect the myriad ways in which property owned by Jews could be forced out of their hands.

“not subsequently restituted”: 

what does “restituted” really mean in this context? Physically returned to the aggrieved individual or entity whose “art” was “confiscated”? Does it mean “returned” to the country of origin? The lack of clarity fills this word with ambiguity.

“should be identified”: 

it’s not an obligation, mind you. But just in case the thought crossed your mind, would you be so kind and identify “art” confiscated” by the Nazis which sits in your midst? And to whom is this Principle addressed? To museums—public and private? To art galleries and auction houses? To individual private owners? To institutional owners? To religious entities? It’s hard to know. And how does “identified” work? Is it simply a question of spotting the item in a collection, taking notes of its presence, and leaving for lunch? The mission inherent in Principle #1 is narrow in scope. What do you do once the object is identified? And how is it identified? Using what methods, exactly?

In June 2011, we wrote that “the process of identification, in and of itself, is known as a Catch-22—it contains its own paradox. In order to identify looted art, one must understand the concept of looting. Looting, per se, can be as simple as forced removal of property at the point of a gun and/or with the assistance of local law enforcement and judicial authorities working in tandem with the occupation authority. It can also be the result of so-called forced sales or duress sales. There, too, we run into problems because not every country that attended the Washington Conference even acknowledges that such sales occurred on its territory during those fateful dark years.” And so it goes. After 20 years or so, “there are no firm standards by which to move forward on identification…Moreover, this Principle does not make it explicit that such efforts should be exhaustive and definitive. Hence, each country can produce an ‘ad minima’ effort and feel that it has abided by Principle I. How diplomatic!” 

Principle #1 could be rewritten and expanded as follows:

Artistic, cultural and ritual objects confiscated, misappropriated, sold under duress and/or forced sales, subjected to other forms of illicit acts of dispossession by the Nazis, their supporters, profiteers and Fascist allies across Europe between 1933 and 1945, and not subsequently restituted to their rightful owners shall be identified using the highest standards of scientific and empirical research and analysis.