ࡱ> XZY` 0:/bjbjss CH%DfDDD N ZZZn8R4,n&(%%%%%%%$'h *%Z%ZZ%jZZ%%:#,ZZ3$ 9v# C%T%0&#R**3$*Z3$v7TD%%d&nndVnnVnnnZZZZZZ  Legal and Moral rights in Nazi Looted Judaica, from the Israeli perspective [Discussion of Possible Ownership of Judaica from the Holocaust Era] I would like to thank the organizers and honorable members of the workshop for the discussion held here today and for the opportunity to address you today. I come before you this afternoon, with no concrete propositions, but rather with thoughts about various possibilities, when tackling this complicated issue of looted Holocaust Era Judaica. It is needless to go into details before this respectable forum, of the Nazi regime's systematic annihilation of an estimated six million Jewsmen, women and childrenas well as many others during the Holocaust (Shoah). Throughout the Nazis' twelve years in power, alongside the persecution and unspeakable slaughter they used to "purify" Europe of the Jewish people, the Nazis also committed the most enormous pillage, plundering and confiscation of property in history. Thus, the Nazi genocide of the Jewish people was accompanied by the massive and systematic looting of Jewish property, movable and immovable, communal and individual, public and private. There are several specific and unique agreements and declarations that were mostly established throughout the last decade, such as the Washington Conference on Holocaust-Era Assets (in 1998), Resolution 1205 of the Parliamentary Assembly of the Council of Europe (of 1999), and the Vilnius Forum Declaration (of 2000) - all calling for the implementation of identification, registry, and legislation measures to promote the restitution of looted Jewish property. Without a doubt, European countries have made, and are still taking, important steps in the right direction. I come before you with full conviction that there is an unbreakable bond between the looted Jewish cultural property and the Jewish People and that Judaica artifacts consist an irrefutable part of the Jewish people, and as such, should be restituted to the Jewish People - the State of Israel, Jewish communities' and Jewish Museums world-wide. Uniting plundered Judaica and Hebraica artifacts, whether it be artwork or religious artifacts and other Jewish cultural property, with the Jewish people by way of returning it to its original, rightful owners or their heirs, holds a sensitive and significant meaning far greater than that attached to restitution of other types of assets. These properties are of high religious and sentimental value not only for their beauty, but mainly for their religious, ceremonial and cultural significance, especially when handed down for many generations. For those who survived the horrible events of the Holocaust, these artifacts often represent the very last personal link to their families and communities that were ruthlessly lost in the Holocaust. Furthermore, in many cases, one or several Judaica artifacts belonged to entire communities that were decimated during the Holocaust. Preserving these items and commemorating these communities is at the heart of this debate and is of the utmost importance to the Jewish people and to the State of Israel. Items of Judaica represent the unique bond between the Jewish people and the Jewish culture, heritage and religion passed down from one generation to the next. Judaica is an indispensable part of the Jewish daily life and has shaped Jews' unique identity through the years. Recognition of the Jewish people as the legitimate owners of such looted property will make historic moral justice, defend fundamental rights, both political rights and the right for title and ownership, and will honor the millions of lives lost, as well as those who survived against all odds. Those few survivors have overcome the greatest hardships known to mankind, in incomprehensible and inhuman conditions. They were bullied and forced into giving up all of their property that was dear to their heartsproperty that for moral reasons still belongs to them and to their Jewish culture. Restitution Thus, only the return of property pillaged from Jewish individuals and communities during the Holocaust to its original rightful owners, their heirs, their communities or to the homeland of the Jewish people can fully commemorate these persons and communities, as this cultural property symbolizes the last testimony of these communities. It is important to remember that Israel, the homeland of the Jewish people, and its national commemoration institutions such as "Yad VaShem", "Beit Hatefutsoth" are the continuation of, and memorial to, the legacy of all individuals who perished during the Holocaust, and of the approximately 3,400 communities that were entirely destroyed during that dark time. The quest for restitution is not only a matter of justice or compensation, but to a greater extent, a matter of morality. Many Holocaust survivors are growing old and needy, and so when it comes to finding a fair and just way out for the injustices committed, time is of the essence. Major Principles regarding Judaica There are several important principles regarding restitution of cultural property, and especially Judaica, that must be implemented. In cases when reliable information regarding the original owners or their heirs exist, all the necessary steps and measures should be taken in order to return this cultural property to its original owners or their legal heirs, in accordance with the above Declarations. Property known or suspected as looted during the Nazi era must be cataloged and published, including on internet websites, particularly in cases when information regarding its owners or their heirs exist. In addition, efforts must be taken to recognize the rights of private persons which owned a small number of Judaica and other cultural property objects, and the struggles and obstacles they have to face when asking for restitution. This includes the difficulties in locating such property, foreign culture and language barriers, difficulties in dealing with foreign legal systems, not to mention the financial hardships arising from the need to travel to foreign states and managing legal proceedings. Additionally, issues like the opening of archives and full provenance, as discussed in detail for the last two days, should also be addressed. Possible Alternatives In light of the aforementioned principles, there is a wide spectrum of alternatives for restitution and action regarding cultural property, and especially Judaica. All these options, of course relate to heirless property, as in the basis of this discussion is the notion that when the original rightful owners or their heirs are found - these artifacts shall be restituted to them. One option is maintaining the current status-quo, according to which, cataloguing, registration and documentation shall continue and when an original owner or heir is located, a specific item will be returned. Another course of action is to reassign Holocaust Era looted Judaica, to the State of Israel as part of a moral and ethical amendment on the part of the relevant states, acknowledging Israel as the national home for the Jewish people, as stated, inter alia, in the Balfour Declaration and the Declaration of Independence of the State of Israel. The State of Israel was, and remains, a sanctuary for the largest number of Holocaust survivors gathered together after the Second World War, a place for those survivors to re-build their lives in their national homeland, and a place where perished communities are commemorated. Another possible option is the establishment of a "Successor Organization" for Judaica. The legal basis for such an organization, may be through international legal mechanisms, or through the understanding that "cultural property which has a fundamental significance from the point of view of the spiritual values and cultural heritage of the people" should be returned to that people. Due to the many years that passed since the horrors of the Holocaust, and the wide extent of Judaica that may be found in the future, especially with the opening of new archives in countries in Eastern Europe, it is suggested to establish an organization that will wrestle with the problem and decide on the fate of certain Judaica artifacts, be it in Israel, Jewish communities, Jewish museums, and so on. The Terezin Institute could serve as such an organization. It is suggested that this Organization, shall commence with a detailed cataloguing of existing Judaica artifacts, and later concluded an allocation formula for these artifacts, possibly through two main routes: Either the allocation of Judaica artifacts among the relevant stake-holders the State of Israel, Jewish communities' world-wide and Jewish museums, according to an agreed allocation mechanism; or by making Judaica artifacts available for long and short-term loans to bodies such as "Yad VaShem" "Israel Museum", "Beit Hatefutsoth", Jewish museums and Jewish communities world-wide. This, for display, as well as further research, study and provenance evaluation. When addressing this issue, the close and intimate ties between Judaica and Jewish individuals and communities, as well as the Jewish people as a whole, must remain at the center of the discussion. Judaica represents Jewish religion and heritage that is closely linked to the Jewish people and the Jewish State. Looted Holocaust Era Judaica must be restituted to the Jewish world, firstly to the original owners or their heirs, and in their absence, to Jewish hands - for education and commemoration of those who did not survive the Shoa's atrocities.  http://unesdoc.unesco.org/images/0011/001140/114032e.pdf#page=92     The Department for International Agreements and International Litigation PAGE 1 PAGE 5 The Department for International Agreements and International Litigation __________________________________________________________ P.O. 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