The time has come for a statute of limitations

There is much market-driven hypocrisy buried within the subject of restitution

Since the late 1990s there has been a strong push towards provenance research of collections and museums, and restitution of items that were looted or taken by the Nazis during their period of power in Europe from 1933 to 1945. This process has been ongoing for ten years, and the items in question have often been claimed by people distanced by two or more generations from their original owners.

I have, perhaps, an idiosyncratic, non-politically-correct view that many people will disagree with, but I believe history is history and that you can’t turn the clock back, or make things good again through art.

History has always looked after works of art in strange ways. Ever since the beginning of recorded history, because of its value, art has been looted and as a result arbitrarily distributed and disseminated throughout the world. Of course, what happened in the Nazi period was unspeakable in its awfulness. I lost many relatives, whom I never knew personally, and who died in concentration camps in the most horrible of circumstances. I believe, however, that grandchildren or distant relations of people who had works of art or property taken away by the Nazis do not now have an inalienable right to ownership, at the beginning of the 21st century. If valuable objects have ended up in the public sphere, even on account of the terrible facts of history, then that is the way it is.

If, because of provenance research, works of art are taken from museums, whether in Russia, Germany, France, the US or the UK, and are then sold on for profit or passed around for political expediency, it is nearly always the rich who are making themselves richer. The vast majority of individuals, who were beaten up or killed during the Nazi period—or indeed by other oppressors in different parts of Europe—did not have art treasures that their children and grandchildren can now claim as compensation. The concept of the “universal museum” is also, in certain circumstances, a politically useful euphemism. Nonetheless, it has to be good that important works of art should be available to all through public ownership. Restitution claims from museums go against this idea and result in the general culture being impoverished.

The outgoing director of New York’s Metropolitan Museum of Art, Philippe de Montebello, was forced to send the Metropolitan Euphronios vase back to Italy earlier this year. This begged the question, does Italy really need another vase by this artist, when there are others? Italy has so many great objects of this kind that one piece, however outstanding, makes little difference. To the best of my knowledge, this vase is not even on public view at the moment. At the Metropolitan, however, it could quite easily have inspired young people to get involved in, or spend their lives with, classical culture.

There is much market-driven hypocrisy buried within the subject of restitution. The art market encourages restitution from museums, which is particularly cynical and unpleasant—it is well known that lawyers and auction houses are trying to drum up trade in this way. Auction houses, the trade and the high value of works of art all have legitimate functions, but this kind of provenance activity does not reflect well on the world of art. It is like a microcosm of what is going on in the wider world—for instance, the illegitimate selling of sub-prime mortgages that has now caused such deep financial trouble around the world.

There are those who will disagree. They will say that Germany can’t be punished enough for what took place between 1933 and 1945. It goes without saying that what the Nazis did was a stain for all time on the reputation of a culture and a country. But that stain cannot be cleansed by the restitution of master works from museums. After all, neither Rembrandt nor Klimt were responsible for those political crimes.

There should now surely be a statute of limitations on this kind of restitution. If we were still in 1950 and the people who owned the Manet or the Monet were still alive, then it would surely be correct to give these paintings back, but not now and not to grandchildren and great-grandchildren. The world should let go of the past and live in the present. Of course, the best of the past needs to be looked after, but we should not be overly obsessive about the worst of the past—it is not useful either to individuals or society as a whole. Each person should invent him or herself creatively in the present, and not on the back of the lost wealth of ancestors.

The writer was exhibitions secretary of the Royal Academy of Arts, 1977-2008. This piece was based on a discussion with William Oliver.

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Comments

20 Sep 09
14:14 CET

JENNIFER UNRUH, NEW YORK

I have to disagree with the writer's arguement for statute of limitations. Such a limitation would serve to encourage thieves and others who have misappropriated both antiquities and other art objects. The circumstances that surround each object at issue must be considered individually, in consideration of the facts and the laws of the country of origin.

20 Sep 09
14:14 CET

DR RIEMER KNOOP, AMSTERDAM

I am speechless by the misinformation suggested in the illustration to Mr. Rosenthal's article. P. Watson and C. Todeschini convincingly argued in their "The Medici Conspiracy" (2006) that the Euphronios Krater, sold by G. Medici to the New York Metropolitan Museum though Robert Hecht for 1 M USD, was looted, in 1971, from an Etrucan tomb. Both were in due course convicted for criminal organization, while the Met and the Italian government in 2006 signed an agreement for restitution of this and other pieces. The question, therefore, is not whether "Italy really need[s] more kraters like this?", but rather "How to fight organized art crime?". I find it unforgiveable that a distinguished scholar as Mr. Rosenthal so sloppily confuses the issue of art crime with that of limiting restitution claims to unlawfully appropriated art during the Nazi period. It reminds me of Dr. Goebbels's propaganda campaigns presenting portraits of half-wits, accompanied by ominous questions like "Do Untermenschen like these deserve to live among us?".

20 Sep 09
14:14 CET

ANDREW, LONDON

I find it particularly distasteful that museums in England and the US have been required to return works of art. After all Britain and the US were not involved in these terrible crimes and we lost hundreds of thousands of people defeatring the perpatrators.

20 Sep 09
14:14 CET

SIMON LEMIEUX, PORTSMOUTH HANTS

Thank you Mr Rosenthal for what you have said. It is something that many of us have thought for some while but few dare to articulate publicly. I think the crucial matters here are public accessibility and the lapse of time. Why should museums today pay the price for the crimes of the past; the current curators and museum directors are not gulity of colluding with the Nazi booty hunters and nor are the vast majority (all?)of visitors. The real winners in all this are the lawyers and auction houses. Why not require them to donate all their fees and commissions to those museums who have lost artefacts, then at least we could be sure no one profited from the crimes of the past. It would also reveal the pure altruism that obviously drives though who are involved in this business. It is purely driven by altruism and a sense of justice right?

20 Sep 09
14:14 CET

DR.KWAMEOPOKU, VIENNA.

I find the argumentation of Norman Rosenthal so shocking that,for once,I am lost for words. What kind of mind is this that will deprive peoples of rights they have from their predecessors simply because others whose predecessors suffered the same atrocious fate under the evil Nazis did not have art works? That history is history cannot mean that we must accept the nefarious acts of groups such as the Nazis. That claims arising from Nazi atrocities have still not been settled is surely a sad commentary on the commitment of certain governments to uprooting such evils but clearly we cannot blame the great-grand children of Nazi victims from pursuing their claims. It would be terrible if future generations would simply cease to pursue their legal rights because of the time it takes to go through legal systems which have always been on the side of the mighty. Kwame Opoku.

20 Sep 09
14:14 CET

KA, SAN FRANCISCO

I could not agree with this piece more. Thank you for articulating this issue with timely precision. By allowing restitution to carry on in this fashion you are quite right, we are perpetuating a public cultural impoverishment, but perhaps more importantly we are preserving the concept that it is better to avenge than to accept and forgive. Art is made to inspire and to tell stories. Art loses those abilities when it is held hostage, be it from the public or from fulfilling its deeper purpose. Art stolen in the throws of violence and war has gained an additional layer to its narrative, one that can be made most accessible and inspirational, by being available to as many people as possible. Museums and governments would be quite wise to revise their epistemologies of material ownership, and embrace a more trancsendant management ethos. In doing so, they inspire us, the viewing the public to do the same....

20 Sep 09
14:14 CET

CHAD, SAN DIEGO

I have to agree with this. If we continue to give restitution, generations after the fact, when does it end? We all have ancestors that were wronged in some way. Some more than others, and if so, don't we all deserve some form of restitution? Nothing at this point will ever make up for what has gone on in the past. I have to wonder how much of this is driven by trying make things right and how much is driven by greed. If restitution was giving only for what the objects were worth at the time, instead of the values today, how many of these cases would we hear about?

20 Sep 09
14:14 CET

J.C., ATHENS, GREECE

The writer says "To the best of my knowledge, this vase is not even on public view at the moment". Actually, the Euphronios vase is currently on public view at the new Acropolis Museum of Athens as part of the "Nostoi" exhibition.

20 Sep 09
14:14 CET

ARTIST SCULPTOR, CHICAGO

Restitution at this late stage should be halted. How long are we going to live on the horrors of WWII? And why isn't restitution being sought for all the horros of the past - Stalin killed more people than Hitler, but very little is said about Stalin being a monster! What about all the others who have been ensalved or slaughtered in the past, are we to revisit this part of history constantly and forever? NO, we are to remember and learn from these historiacal facts so as to, hopefully, prevent them from reoccuring and move on with our lives.

20 Sep 09
14:14 CET

BEN MORALES-CORREA, SAN JUAN

I can't possibly agree with what this man is saying here. If works of art or whatever other type of private property is taken from individuals or families by acts or war or other illegal means, neither time nor patrimonial value can be used as an excuse for avoiding restitution.

20 Sep 09
14:14 CET

A TAYLOR, JOHANNESBURG

While restitution should be made in the case of recent theft or looting should Russian museums give up their treasures to the descendents of aristocrats robbed during the revolution. Or should all African works collected by travellers be returned to countries of origin to rot in under-resourced museums rather than disseminated to inspire and inform throughout the world.

20 Sep 09
14:14 CET

A. WALTON, NEW YORK

And equally, for this idea to work, countries should not hold their patrimony and exhibition policy hostage to the idea of restitution as Italy seemingly and publicly did with respect to the Metropolitan Museum

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