Background on the Issue
The Holocaust Expropriated Art Assistance Act (HEAR) was passed unanimously in 2016, reflecting a firm commitment to support Holocaust survivors and ensure justice for families whose artworks were plundered by the Nazis. However, some institutions and governments have continued to obstruct justice by blocking legitimate claims, concealing provenance, and employing aggressive legal tactics to exhaust survivors and their families.
The Proposed Changes
Eight US senators have introduced a bill to amend the HEAR, making it easier for descendants to recover looted art. This proposal comes after 16 organizations, including the World Jewish Congress, Weitzman National Museum of American Jewish History, Holocaust Survivors Foundation USA, and the American Jewish Committee (AJC), expressed their support in a joint statement.
- The amendment will remove the statute of limitations, acknowledging that restitution challenges remain urgent.
- It will clarify and strengthen procedural protections to prevent dismissals based on technical defenses due to the passage of time.
- The amendment will enhance victims’ resources and access to courts.
The organizations emphasize that this proposal goes beyond property rights. It sends a clear message in an era of rising antisemitism and Holocaust denial that the US will not allow history to be rewritten, legitimized looting, or denial of justice due to the passage of time. Strengthening the HEAR affirms that intolerance for Holocaust-related speculation will not be tolerated.
The Pissarro Case
Bernardo Cremades Jr., representing the Federation of Jewish Communities in Spain and the Madrid Jewish Community in support of the Cassirer family, views this proposal favorably. He explains that if the amendment passes, museums or individuals possessing looted art cannot repeat past defenses in future recovery cases. This change will make it easier for descendants of those who were plundered to reclaim their rightful property, marking a significant step towards justice for Holocaust-era art theft.
