Jewish heirs of Holocaust victims and their representatives have filed two lawsuits in California staking their claims to Nazi-looted paintings that still hang on the walls of prominent museums in Los Angeles and Auschwitz.
This pair of lawsuits are the first to be filed after the recent passage of laws by California and the US Congress, which strengthen US-based claims to artwork that were forcibly taken from Jewish families during the second world war.
One lawsuit was filed in Los Angeles superior court on Monday by the Jewish Federation of Greater Los Angeles and its board chair, Daniel Gryczman, against the Norton Simon Museum in Pasadena for the return of painting Adam and Eve. These are two lifesize oil-on-panel masterpieces created by Lucas Cranach the Elder in ۱۵۳۰.
The other lawsuit was filed in federal court in Los Angeles the same day by the daughters of the late Dina Gottliebova Babbitt, a Holocaust survivor and California-based animator who was held in Auschwitz. It demanded the return of watercolors of fellow prisoners that the artist was forced to paint for Josef Mengele, a Nazi physician who had earned the nickname the “Angel of Death”, from the Auschwitz-Birkenau museum in Poland.
Spokespersons for both museums say the museums legally hold titles to the works, and intend to continue displaying them to the public. The lawsuits don’t specify the monetary value of the paintings.
The issue of Nazi-looted art is an emotionally, legally and ethically charged topic that pits Jewish families that have suffered intergenerational trauma against museums that say they are trying to preserve a painful, yet important, chapter of history.
Between ۱۹۳۳ and ۱۹۴۵, the Nazi regime orchestrated the largest art theft in world history, seizing more than ۶۰۰,۰۰۰ works of art across Europe from Jewish families, collectors and museums. Decades later, many of these masterpieces reside in prominent museums around the world, making the push for their recovery more complex than a simple property dispute.
Rabbi Noah Farkas is president and CEO of the Jewish Federation of Los Angeles, the organization to which Marei von Saher, sole heir of Dutch Jewish art dealer Jacques Goudstikker, has signed over her rights. The paintings were seized from Goudstikker’s collection by Hermann Göring, Adolf Hitler’s second-in-command, and changed a number of hands before being sold in the ۱۹۶۰s to the Pasadena Museum of Modern Art, which was renamed the Norton Simon Museum in honor of its benefactor.
Farkas said the federation plans to use most of the net proceeds from the recovered art to provide much-needed help to the approximately ۲,۵۰۰ Holocaust survivors living in the Los Angeles area.
Von Saher, in a statement, said she is grateful to the Jewish organization for taking up her family’s cause.
“This effort represents a meaningful step toward justice for Holocaust survivors and victims of Nazi-era atrocities,” she said.
The Norton Simon Museum released a statement pointing out that a federal court in ۲۰۱۸ unanimously determined that the museum had proper title to the Cranach paintings. In May ۲۰۱۹, the US supreme court declined to get involved in the case, leaving in place lower court rulings.
They said the Cranach paintings, which originally belonged to the Stroganoff family, were put up for sale in ۱۹۳۱ by the Soviet Union in an illicit auction in Berlin, where they were purchased by Goudstikker. After a complicated journey, the paintings were sold to the museum by a Stroganoff family descendant. The museum later restored and preserved the pieces.
“For nearly ۵۰ years, they have been on view at the Norton Simon Museum and will continue to be accessible to the public for years to come,” the statement said.
Pawel Sawicki, a spokesperson for the Auschwitz-Birkenau museum, said the watercolors of Roma victims that Gottliebova Babbitt was forced to paint by Mengele to document his horrendous experiments and racial research “must remain in the memorial” to document the man’s crimes. He said these paintings must not be mischaracterized as “Nazi-looted art” because Gottliebova Babbitt painted them against her will as a prisoner and therefore didn’t have ownership of the watercolors.
While he understands the family’s sentiments, Sawicki said the portraits of Roma and Sinti victims are among the few remaining documents of Mengele’s criminal experiments and should be treated as unique documents related to the history of the Auschwitz concentration camp.
“While fully respecting the rights of people who created some of the documents here, we are of the opinion that any loss in the collections of the memorial will constitute irreparable harm,” he said. “The loss of even the smallest part of the documentation is an irreparable loss and blemish on the memory of the victims of Auschwitz.”
