USA - CA Law to Help Reclaim Nazi-Looted Art
California Governor Gavin Newsom signed a bill aimed at advancing the restitution of Nazi-looted art, as well as personal property stolen during the Holocaust and other eras of political persecution.
The legislation is a response to a court ruling that allowed a work by Camille Pissarro to remain in a Spanish museum instead of returning to the heirs of its original owners. The 1897 painting, called “Rue Saint-Honoré in the Afternoon, Effect of Rain,” belonged to Fritz and Lilly Cassirer, a Jewish couple who sold it under duress to escape the Nazis.
The painting by Pissarro, a French Jewish impressionist, now hangs in the Museo Nacional Thyssen-Bornemisza in Madrid. The museum has claimed ownership of the work under a “finders keepers” law of property ownership that is unique to Spain.
The new California law, signed at Los Angeles’ Holocaust Museum, clarifies that California law should take precedence in local Holocaust art restitution cases. It allows Californians “to bring an action for damages or to recover artwork or personal property, as defined, that was stolen or otherwise lost as the result of political persecution.”
According to the law, “California substantive law shall apply in actions to recover fine art,” and that “the true owner cannot be divested of ownership without actual discovery of their rights in, and the location and possessor of, the artwork.”
Authorities in New York City and around the world have made renewed efforts in recent years to restitute art that was sold under duress due to Nazi persecution. Earlier this year, 21 countries agreed to new standards in art restitution at a conference marking the 25th anniversary of the Washington Principles.
“Restitution is important, not just to get people their property back, but because it is a way to examine the true realities of the Holocaust and keep those facts in the public consciousness,” Sam Dubbin, an attorney representing the Cassirer family, told the Jewish Telegraphic Agency. “It’s stolen property. It’s the Holocaust, which makes it 1,000 times worse, but it’s still fundamentally stolen property. And no one should be able to keep stolen property.”
“For survivors of the Holocaust and their families, the fight to take back ownership of art and other personal items stolen by the Nazis continues to traumatize those who have already gone through the unimaginable,” Newsom said. “It is both a moral and legal imperative that these valuable and sentimental pieces be returned to their rightful owners, and I am proud to strengthen California’s laws to help secure justice for families.”
-www.jta.org, 19 September 2024
Arno's Commentary
It is of great interest how meticulously Jewish people kept record of their belongings; in this case, artwork.
The article reports that the painting belonged to the art collector Julius Cassirer, who passed it on to his son Fritz and his wife Lilly, who were forced to sell the painting for $360 in 1939 to obtain an exit visa to England. The painting went to a Swiss art collector, Baron Heinrich Thyssen-Bornemisza. It was later sold to the Kingdom of Spain in 1993. What is important here is that Jews the world over are aware of their potential rights to lost belongings under the Nazi regime.
Regarding other wars throughout the world, there is little to no significant work done regarding restitution. Here we are reminded of Jeremiah 32:19: “Great in counsel, and mighty in work: for thine eyes are open upon all the ways of the sons of men: to give every one according to his ways, and according to the fruit of his doings.” The New Testament adds: “Neither is there any creature that is not manifest in his sight: but all things are naked and opened unto the eyes of him with whom we have to do” (Hebrews 4:13).