by Marc Masurovsky

Ambassador Stuart Eizenstat, special envoy on Holocaust affairs for the US Department of State, was one of the most prominent speakers at the 20th anniversary colloquium of the CIVS in Paris on November 15, 2019.

The main point person since the Clinton era on matters pertaining to Holocaust-era claims, Mr. Eizenstat delivered an unusual speech regarding looted art, restitution, France’s treatment of looted art in State collections, and his own legacy.

From year to year, the Eizenstat narrative on looted art and restitution has morphed and been rewritten, not for stylistic reasons but perhaps because Mr. Eizenstat has had a decades-long love/hate relationship with the whole idea of restituting art objects to plundered victims of the Nazis. And he simply does not know how to address it. After all, you cannot package art the way you bundle insurance policies, gold bars and coins, bank accounts and so forth, something that he excels at, which has yielded billions of dollars worth of settlements for Jewish victims and their families. For that reason alone, Mr. Eizenstat’s legacy as a reliable and devoted advocate and champion of Holocaust victims’ rights is uncontested and admirable.

Here are some of his many statements which were oftentimes punctuated by occasional spurts of ire:

-“France is going from being a laggard to being a leader” on questions of art restitution. That elicited some giggles including from Mr. Eizenstat who appeared pleased by his joke which was not really a joke.

-The CIVS conference symbolized “our last opportunity”. Let’s recall that the Prague Conference on Holocaust-era Assets in June 2009 was also “our last opportunity.”

He reminded us of his infinite capacity to repeat “fake news” about cultural losses during WWII. Unverified, the numbers put forth by Eizenstat are the same ones he has repeated since 1998.
According to him, 600000 paintings were looted during WWII, of which 100000 are still missing. In 1997, Philip Saunders of Trace database had made this unfounded assertion.  (Mr. Eizenstat went on record with those numbers in 2006). The Polish government alone claims that half a million cultural objects were removed from its territory during WWII. Which irresponsible historian or advocacy group came up with these fictitious numbers? Not even the Monuments Men could be bothered to audit the cultural losses of each nation victim of Nazi aggression. The more accurate estimates situate cultural losses in the millions.

Speaking of the Monuments Men, Mr. Eizenstat delivered a paean in their honor, citing their bravery and courage (smoking pipes and sporting tweeds) in Munich and Wiesbaden, while recovering 5 million works of art! No kidding! He forgot to mention that this figure mostly accounts for books, decorative objects and State-owned art. Not much room left for Jews, is there? Moreover, 5 million might be just a tad exaggerated. But who’s counting? You get the idea. Lots of looted stuff was repatriated to countries of origin.

Mr. Eizenstat was on a roll. He posited that it was impossible to identify owners at the end of the war. If so, how did so many objects get returned? The heirless asset problem must be staggering.

Let us now enter fantasy land. In December 1997, Mr. Eizenstat came up with the brilliant idea for a conference on looted art or so he says. That’s really strange because he was firmly opposed to the inclusion of looted art in any international convening dealing with assets during the Holocaust. It was the seizure of the two Schiele paintings at the Museum of Modern Art in January 1998 that provoked the inclusion of looted art in what became the Washington Conference on Holocaust-era Assets.

Speaking of the 1998 conference, Mr. Eizenstat, since November 2018, has changed his tone regarding the 11 Washington Principles that he penned which were supposed to frame an international strategy to identify looted art in public collections (not private) and suggest ways for victims to settle their grievances with current possessors.

Well, as it turns out, these non-binding Principles were mostly based on a set of guidelines developed by American museums earlier in 1998 when faced with mounting criticism over their indifference to the presence of stolen objects in their collections. A funny way of helping claimants by seeking inspiration from the very institutions that are firmly opposed to any form of restitution.

Mr. Eizenstat went on to honor the Association of Art Museum Directors (AAMD) for setting up a task force to address the question of looted art in their collections. To that end, the AAMD issued a set of guidelines in June 1998 which served as the benchmark for the Washington Principles, of which Mr. Eizenstat is the uncontested author.

Mr. Eizenstat proffered adoring words for Philippe de Montebello. The flamboyant former director of the Metropolitan Museum of Art was a fierce opponent of restitution but a very savvy museum official who understood the value of pre-emptive strikes on issues of looted art and artifacts. To wit, he promoted the drawing up of guidelines for American museums to follow when confronted with objects in their collections that might be of dubious provenance and negotiated creative settlements with the Italian government over the presence of looted antiquities in the Met’s collections.

Mr. Eizenstat was particularly combative in upholding his legacy and defending his record against critics who have blasted him for “doing nothing” and uttering mere “words.”

Seizing the opportunity in a fiery tone, he shared a long list of recommendations and critiques in Uzi-like fashion. It was hard to keep up. Some of the more notable ones follow:

1/ he denounced the impossibility of de-accessioning restitutable objects from French museums as “a French problem.”

2/ He went on to skewer Dutch museums for having reneged on their commitment to the Washington Principles by equating the cohesiveness of their collections with the interests of Holocaust claimants—the notorious “balance of interest” doctrine approved by Dutch museums in 2016? Verify.

3/ he denounced the German Limbach commission and its 15 cases in 15 years.

4/ Once again, he congratulated the Metropolitan Museum and the Boston Museum of Fine Arts for showing the way on how to handle looted objects in their collections.

5/ Quoting the AAMD and the AAM, he observed that the NEPIP portal was worthless and “outmoded”, in other words, unusable.

6/ He criticized US museums for being so aggressive towards claimants by resorting to technical legal defenses in order to dismiss their claims.

7/ He applauded the HEAR Act as the antidote to summary judgments petitioned by museum lawyers against claimants, whether meritorious or not.

8/ He thinks highly of the JUST Act which requires countries to publish annual reports on the state of restitution in their midst.

9/ he took partial credit for launching “provenance research as a new profession.” As if it was not performed prior to 1998.

10/ He congratulated France for acting as a coordinator between the five standing restitution committees.

Then, Mr. Eizenstat pulled out his foggy crystal ball and peered inside it, noting:

1/ Forced sales and flight sales (fluchtgut) are to be included as part of the Washington Principles (the former are mentioned explicitly in the Terezin Declaration and the latter are suggested implicitly therein);

2/ provenance research is expensive and requires resources.

3/ Public museums should publish on the Internet a detailed provenance for all of their objects.

4/ research should be conducted in all museums—private and public.

5/ De-accession laws need to be changed in order to accommodate restitution of looted objects.

6/ The Washington Principles apply to private collections

7/ Every country should designate a point of reference for claimants

8/ there should be no time limits on claims.

9/ he denounced the European Union as being “behind the curve.”

10/ with regards to so-called heirless assets, Eizenstat reiterated the need for “just and fair solutions” which amount to selling off these unclaimed assets after giving research one more try. Meanwhile, the institutions holding such objects should educate their public about how they ended up in their collections. As an aside, Eizenstat lauded the Austrian solution to the heirless assets question, embodied in the National Fund run by Hannah Lessing. In short, if Austrian federal museums identify objects in their midst for which there are no identifiable owners, they are transferred to the National Fund which follows up with its own research and posts the objects on its website. After a period of time has elapsed, the Fund sets aside those objects for sale, the proceeds of which are disbursed amongst needy families of survivors. Ms. Lessing begged to differ during the question and answer period.

That was enough for one day.