The Return of Cultural Property: a Moral or a Legal Obligation?

 

In 1946, the International Military Tribunal at Nuremberg found Alfred Rosenberg criminally responsible for organising and directing the Einsatzstab Rosenberg. Originally designed for the establishment of a research library, the Einsatzstab developed into a project which plundered museums and libraries, confiscated art treasures and collections and pillaged private houses. This systematic policy was conducted on a very great scale throughout the invaded countries of Europe. The victims were counted in thousands.

Looting cultural property is, however, not a rare or unusual phenomenon confined to a war. The dispossession of works applies in other contexts, including clandestine excavation, illicit export, occupation, colonisation or exploitation. Despite the efforts made by the international community, restoring stolen or lost artifacts to their rightful owners, country or community of origin is rarely straightforward. This entails a wide range of legal, ethical, moral and environmental intricacies. Ideally, one could claim works back by submitting applications for their restitution, proving that they lost possession of them involuntarily, but this path is often fraught with difficulties and formalities. As a matter of fact, a considerable number of art treasures remain still in the hands of museums, cultural institutions, libraries and archives. Dr Pablo Gavira Díaz, Dr Ruth Lecher and Leva Wenzel offered a discussion through the development of the field of restitution and the current initiatives to repatriate objects to their places of origin.

This event in German language took place, as part of the Stadt(ver)führungen 2024 under the motto “Treasures”, at Courtroom 600 in the Nuremberg Palace of Justice on 21 September 2024.  

Each year, the city of Nuremberg organises a weekend full of guided tours called “Stadt(ver)führungen”. The programme offers the opportunity to get to know Nuremberg and Fürth from different perspectives. Well-known personalities, artists, institutions, non-profit organisations, city guides and people with special interests give insights into unknown or normally restricted places with 1000 guided tours, enable contact to familiar faces of the city society or examine historical, current, fascinating and entertaining topics of the current annual theme. (pg)