Expanding the Scope of Museums' Ethical Obligations With Respect to Nazi-Looted Art: Incorporating Restitution Claims Based on Private Sales Made as a Direct Result of Persecution

Abstract

Since the late 1990s, the American museum community has nobly sought to resolve restitution claims involving Nazi-looted art in an equitable fashion. Under the auspices of various ethical guidelines recognizing the horrific tragedies of the Holocaust, museums have made a commitment to purge their collections of artwork tainted by Nazi theft. It remains unclear, however, whether these guidelines govern restitution claims that are based, not on Nazi theft, but on coerced sales arising from Nazi persecution. This article argues that the scope of the guidelines should be expanded to govern restitution claims arising from coerced sales, and that coerced sales include not only sales in which the Nazis participated, but also private sales made by individuals who, as a direct result of Nazi persecution, were forced to sell their artwork in order to flee or otherwise survive the Holocaust.