Lincoln, Napoleon and Hitler Walk Into A Bar: Does the 1907 Hague Convention on Land Warfare Require Signatory Countries To Open Courts To Claims For Restitution of Nazi-Looted Art? (Presented by the Federal Bar Association Veterans and Military Law and International Law Sections)

This session traces the evolution of international law governing wartime property seizures, from Napoleon’s era of legitimate pillage through the 1815 Congress of Vienna, Lincoln’s Lieber Code, and the Hague Conventions of 1899 and 1907. Participants will understand how these historical frameworks established that pillage violates international law and why Nazi looting was unequivocally illegal under existing treaty obligations.

This session examines landmark cases including Republic of Austria v. Altmann and Cassirer v. Thyssen-Bornemisza, exploring how courts have addressed foreign sovereign immunity and statute of limitations defenses. Participants will learn about the tension between common law principles prohibiting transfer of stolen property and civil law doctrines of acquisitive prescription that museums have used to retain Nazi-looted artworks.

This session covers the Holocaust Expropriated Art Recovery Act of 2016, which opened a six-year window for Nazi-looted art claims and revived previously time-barred cases. Participants will discuss the Act’s January 2027 sunset date, arguments for its extension, and the broader challenge of thousands of unrecovered artworks still circulating in museums and private collections worldwide.

This interactive Q&A session addresses related cultural property issues such as the Benin Bronzes and Parthenon Marbles, while clarifying why the Nazi period presents legally distinct circumstances. Participants can explore how international law arguments require careful examination of specific facts and time periods rather than broad generalizations across different contexts.