3. On the footing that 4 drawings which were looted from a Dr
Feldmann in 1939 and which were subsequently acquired by
the Defendants form part of the collections of the British
Museum, whether, in the event that (i) the Defendants should
consider themselves, by reason of the fact of the drawings
having been looted, under a moral obligation to return the
drawings to the heirs of a Dr. Feldmann and (ii) the Attorney
General should approve such return, the Re: Snowden
principle would be capable of being applied so as to permit the
Defendants (if the Attorney General approved) properly to
return the drawings to the heirs of Dr. Feldmann.”
8.
I have been addressed on those questions by counsel for the Attorney-General and for
the Trustees. In addition I gave leave to CLAE to intervene so that counsel on its
behalf might address me. I accepted a short witness statement made on behalf of
CLAE by its solicitor. The Attorney-General, the Trustees and CLAE all accept that
I must approach the issues on the assumption, which CLAE does not admit, that the
heirs of Dr Feldmann do not have a claim, whether at law or in equity, against the
Trustees for restitution of the drawings or any of them. It must follow that in the
terms of s.3(4) I must treat each drawing as “...vested in the Trustees as part of the
collections of the Museum..”
The Background
9.
The issues for my determination are, ultimately, bare issues of law but they arise
against a background to which the Trustees and CLAE attach the greatest importance.
It is right that I should draw attention to it.
10.
On 5th January 1943 Her Majesty’s Government joined with sixteen others to make
the Inter-Allied Declaration against Acts of Dispossession committed in Territories
under Enemy Occupation or Control (Cmd.6412).
The declaration contained a
formal warning “to all concerned” of the declarers’ intention “to do their utmost to
defeat the methods of dispossession”. They reserved “all their rights to declare
invalid any transfers of or dealings with property, rights and interests of any
description whatsoever.” As pointed out in note 6 it had been decided “as a first step”
to establish a committee of experts “to consider the scope and sufficiency of the
existing legislation...for the purpose of invalidating transfers or dealings...in all proper
cases.”
11.
On 7th May 1944 Her Majesty’s government formed “the British Committee on the
Preservation and Restitution of Works of Art, Archives and Other Material in Enemy
Hands”, otherwise known as the Macmillan Committee. It was dissolved in 1946
because the chairman, Lord Macmillan, considered that it could do little until an
International Restitution Commission was established.
12.
In July 1944 the Bretton-Woods Agreement, in Art VI, recommended all governments
represented at the United Nations Monetary and Financial Conference held from 1st
to 22nd July 1944 to call upon the governments of all neutral countries to take
immediate measures to prevent disposition of looted property and to prevent its
fraudulent concealment.
13.
It is evident from the correspondence and other documents produced by Mr Neil
Macgregor, the Director of the British Museum, that the Director and Trustees in the
1940s were concerned for the plight of monuments in war zones and works of art in
enemy occupied Europe and recognised that the scale of destruction and looting of
historic monuments and private and national collections fell into a category which by