Strathprints logo
Strathprints Home | Open Access | Browse | Search | User area | Copyright | Help | Library Home | SUPrimo

The restitution of Holocaust looted art and transitional justice : the perfect storm or the raft of the Medusa?

O'Donnell, Therese (2011) The restitution of Holocaust looted art and transitional justice : the perfect storm or the raft of the Medusa? European Journal of International Law, 22 (1). pp. 49-80. ISSN 0938-5428

Full text not available in this repository. (Request a copy from the Strathclyde author)

Abstract

This article considers the legal difficulties associated with restituting Holocaust-looted art. Can such claims provide platforms for examining the associated cultural implications of both the looting and restitution programmes? Notwithstanding its centrality to Nazism and the Holocaust, looting's reversal was not a post-war Allied priority. Consequently, looting's painful after-effects leave a sense of unfinished business. Restitution traditionally envisages a high profile for law and, in particular, courts. Taken together with restitution's importance within reconciliation processes, this highlights that these cases are clearly located within transitional justice discourse. For example, property restoration is entwined with reconstitution of individual and group identities. The article concludes that restitution is crucial to successful completion of transitional justice processes. However, law's role must be re-imagined beyond the current adversarial/judicial paradigm which fails within its own limited understandings of restitution and hampers rather than enhances reconciliation processes.

Item type: Article
ID code: 31236
Keywords: Holocaust, art, Nazism, justice, restitution, Law (General), Political Science and International Relations, Law
Subjects: Law > Law (General)
Department: Faculty of Humanities and Social Sciences (HaSS) > School of Law > Law
Related URLs:
    Depositing user: Pure Administrator
    Date Deposited: 24 May 2011 11:45
    Last modified: 05 Sep 2014 09:05
    URI: http://strathprints.strath.ac.uk/id/eprint/31236

    Actions (login required)

    View Item