Determining Provenance and Eventual Return of "Stolen" Cultural Artifacts

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In early 2014, the European media focused on an unusual subject: the case of Cornelius Gurlitt and his collection of stolen Nazi art. In March 2012, over 1,400 artworks, suspected to have been looted during World War II, were confiscated from Gurlitt's Munich apartment. He was the son of art dealer Hildebrand Gurlitt, known for dealing in "degenerate" art. The collection included pieces by renowned artists such as Marc Chagall and Henri Matisse, valued at approximately $67 million, with an immeasurable cultural significance. A heated debate arose regarding the rightful heir, as Gurlitt had named the Museum of Fine Arts Bern in Switzerland as his sole heir in his will. This paper explores Germany's legal challenges in establishing provenance and the return of stolen cultural treasures, while also examining relevant EU regulations, international treaties, and US legal perspectives. It provides a comparative analysis of these legal frameworks. To contextualize the need for regulations on stolen cultural assets, the paper begins with an overview of significant historical events in the early 20th century and their impact on cultural artifacts, followed by a legal assessment of violations by warring nations and the evolution of relevant laws up to 1955.