In 1939, the home of Chech lawyer Arthur Feldmann and his wife, Gisela, were looted by a Nazi mob. Among the items taken were a set of four Old Master drawings. Both Feldmanns died during the Holocaust -- Arthur tortured to death by the Nazis, and Gisela at Auschwitz. In 1946, the drawings were obtained by the British Museum for a pittance at an auction. Their heirs have been seeking their return, but a British judge has ruled that the Museum is barred by law from returning the stolen property to the family.

During the case, lawyers for Attorney General Lord Goldsmith argued that a decision in favour of the Feldmann family could open claims to other art works in British museums, including the Elgin Marbles.

"Once the principle is established, then it could apply to any objects whatever their provenance," Will Henderson, a lawyer for Lord Goldsmith, told the court. "Whether they were looted during the course of the Holocaust or whether they were acquired in unseemly circumstances at any other time. What if the moral claim were very different — if it were a cultural claim rather than a proprietary claim? ... The door would be open."

In his ruling, [Vice-Chancellor Andrew] Morritt said no moral obligation can justify the British Museum trustees departing from the law protecting objects forming part of the collections.

"In my judgment, only legislation or a bona fide compromise of a claim of the heirs of Dr. Feldmann to be entitled to the four drawings could entitle the trustees to transfer any of them to those heirs," Morritt said in his 13-page ruling.

The Commission for Looted Art in Europe, a group that represents the Feldmann family, criticized the decision.

"The ruling is significant for all claimants of looted art from the Nazi era, setting aside any possibility of restitution being achieved in this way, and showing that the government ought now to legislate in order to achieve clarity for all claimants," the commission said in a written statement handed out in the High Court.

So out of fear that the treasures of the British Museum obtained during the colonial era might be vulnerable, the court rules that the British Museum can obtain and keep stolen property.

Congratulations, sir, for giving Hitler a victory from the grave. You would have made a good guard at the camp where Mrs. Feldmann died.

Posted by: Greg at 11:48 AM | Comments (1) | Add Comment
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