Property Issues

Holocaust wasn’t just a mass murder, it was also a mass theft. During the Second World War, over six million Jews were systematically murdered and millions more were imprisoned or exiled. Entire families and communities were destroyed, some irrevocably. Today, more than seventy years later, many victims and their families continue to await justice. The reprehensible devastation brought upon Europe’s Jewish communities is even more outrageous when you consider the fact that the widespread looting of their personal and immovable property contributed to funding their own demise.

As Terezin Declaration says: “Noting the importance of restituting communal and individual immovable property that belonged to the victims of the Holocaust and other victims of Nazi persecution, the Participating States urge that every effort be made to rectify the consequences of wrongful property seizures, such as confiscations, forced sales and sales under duress of property, which were part of the persecution of these innocent people and groups, the vast majority of whom dies heirless.”

The European Shoah Legacy Institute worked hard to fulfil the Terezin Declaration provision.

In 2010, ESLI published ‘Guidelines and Best Practices for the Restitution and Compensation of Immovable (Real) Property, that was subsequently endorsed by 43 countries.

In 2012, ESLI organized the International Property Review Conference focusing on a progress made since the endorsement of the Terezin Declaration. The Conference was attended by 39 countries.

In 2015, ESLI commissioned an extensive immovable property restitution study which maps how and to what extent countries were fulfilling their moral obligations under the Terezin Declaration and 2010 Guidelines and Best Practices. This unique study was officially launched at the European Parliament in April 2017 during a conference entitled “Unfinished Justice: Restitution and Remembrance” co-organised by ESLI at the European Parliament in Brussels. This Conference was hosted under the patronage of European Parliament president Mr. Antonio Tajani who also opened the conference. The Conference was attended by Members of the European Parliament, representatives of the European Commission, governmental officials including two ministers, Holocaust survivors, and representatives of non-governmental organisations. The Conference concluded in a Declaration signed by over 70 MEPs that will be utilized as a tool for encouraging governments to deal with post-Holocaust justice.

In addition to immovable property, ESLI was also active in promoting the restitution of movable property and the importance of provenance research as the means for protecting cultural heritage during armed conflicts. Between 2012 and 2014, ESLI organized and hosted a series of five workshops, known as the Provenance Research Training Program across European capitals. Moreover, we managed to bring this issue on the European level thanks to close cooperation with the Committee of Legal Affairs of the European Parliament. As part of these activities, ESLI hosted an exhibition and conference on conflict looting and the importance of provenance research to cultural heritage protection. The conference and exhibition concluded with the decision of the Committee on Legal Affairs to commission a study concerning legislation to mandate provenance research as an indispensable mechanism to combat an illegal trade with plundered cultural heritage.

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Where Holocaust-era property restitution stands today

ESLI's materials in this section describe the situation up to 2017. Since then, the restitution of Holocaust-era property has continued to develop, unevenly, in several directions.

Immovable property

The immovable property study commissioned by ESLI, which covered all 47 Terezin Declaration countries, was expanded and published by Oxford University Press in 2019 as Searching for Justice After the Holocaust: Fulfilling the Terezin Declaration and Immovable Property Restitution. In the United States, the Justice for Uncompensated Survivors Today (JUST) Act of 2017 required the State Department to report on the Terezin Declaration countries, and the resulting report was published in 2020. Some states have narrowed the path to restitution. In August 2021, Poland amended its Code of Administrative Procedure, which has effectively ended many proceedings that challenged post-war expropriation decisions. The interactive immovable property restitution map shows each country's 2017 report.

Movable property, looted art and Judaica

For cultural property, the reference point remains the 1998 Washington Conference Principles on Nazi-Confiscated Art, which the Terezin Declaration reaffirmed. On 5 March 2024, 21 countries endorsed new Best Practices for the Washington Principles. Among other points, they recognise that sales under duress during the Nazi era count as confiscation. They also call for open archives, published provenance research, and independent bodies that can resolve claims outside the courts. In 2025, Germany agreed to replace its Advisory Commission with a binding arbitration procedure that claimants can start on their own. ESLI's Provenance Research Training Program (2012–2014) and its work with the European Parliament's Committee on Legal Affairs (see Movable property) were early contributions to this agenda. More background is on the archived pages on looted art and Judaica.

Frequently asked questions

What did the Terezin Declaration say about property?

It urged states to remedy wrongful property seizures, including confiscations, forced sales and sales under duress. It preferred restitution of the property itself, with fair and adequate compensation where that is not possible. It also suggested that heirless property be used for needy survivors and for Holocaust education.

What were the 2010 Guidelines and Best Practices?

They were a practical set of recommendations, prepared through ESLI, on how states should handle private, communal and heirless immovable property claims. Forty-three countries endorsed them in 2010. The text is available under Restitution Guidelines.

Can this archive help me file a property claim?

No. This is an independent archive, not a claims service. Claimants should contact the competent national authorities or organisations such as the World Jewish Restitution Organization (WJRO) or the Claims Conference.