Postwar
Restitution

Why this Chapter exists

The accountability that came after.

After the killing ended came the decades-long effort to restore property, businesses, works of art, religious objects, savings, pensions, forced-labor wages, and legal rights after one of the greatest organized thefts in modern history. Together these efforts became known as restitution.

What emerged is one of the largest and longest-running restitution efforts in modern history. By the Claims Conference’s count, the German government alone has paid more than $90 billion since 1952, through treaties, laws, and programs that are still running. Court judgments and audited settlements in other countries added more.

A question with no precedent

What was owed, and to whom?

The problem the postwar settlements had to solve had never been solved before. The Nazi regime had murdered about six million Jews, worked roughly twelve million people as forced and slave laborers across the Reich, seized property across occupied Europe, and looted an estimated 600,000 works of art. The laborers included Jews, Roma (an ethnic minority the Nazis also marked for destruction), Poles, Soviet prisoners of war, and others. The art figure is the one commonly cited by the Claims Conference, the Jewish claims body introduced below, and by other researchers. The destruction ran past what the existing law of reparations had imagined. How the camps took the last belongings of the people they murdered is told in Unit 4 · Ch. 04 · The Camp System.

International law at war’s end (the Hague Conventions of 1899 and 1907, the treaty framework between sovereign states) covered reparations between warring states for wartime damage. It did not cover a state compensating a category of its own former citizens (the German-Jewish case), or compensating victims who belonged to no single state at all (the wider European-Jewish case). The postwar settlements built a framework that did not yet exist. It recognized a state’s obligation to victims scattered across the countries that took them in, victims represented by Jewish organizations acting for the Jewish people.

Restitution of identifiable property began before any treaty. On November 10, 1947, the U.S. military government in Germany put into effect Military Government Law No. 59, “Restitution of Identifiable Property.” It required the return of property taken from people persecuted “for reasons of race, religion, nationality, ideology, or political opposition to National Socialism.” U.S. authorities designated the Jewish Restitution Successor Organization (JRSO) to claim heirless Jewish property, property whose owners and heirs had all been killed.

Three factors made the treaty settlements possible. First, the State of Israel, declared on May 14, 1948, which could negotiate with the new German government on behalf of the survivors who had settled there. Second, the American Jewish community, which supplied the financial and political base for the negotiations. Third, the need of West Germany to show a reckoning with the Nazi past as the price of rejoining the community of nations. West Germany was the western of the two states Germany was split into after its defeat, allied with the United States in the Cold War.

The Claims Conference

A voice for a people scattered across the world.

The Conference on Jewish Material Claims Against Germany, the Claims Conference, was founded in New York City in October 1951 by twenty-three Jewish organizations. Its chairman was Nahum Goldmann (1895–1982), who led the World Jewish Congress and would later head the World Zionist Organization as well. Its job was to represent the Jewish people Israel could not formally speak for: the global Jewish community outside the new state.

The founding twenty-three spanned the breadth of postwar Jewish life. Among them were the American Jewish Committee, the American Jewish Congress, the Joint Distribution Committee, the World Jewish Congress, the Jewish Agency for Israel, B’nai B’rith, the Synagogue Council of America, the Council of Jews from Germany, and more. Together they made the Claims Conference the recognized voice of the Jewish people in the negotiations to come.

That work has continued without a break from 1951 to today. The Conference now runs about a dozen separate compensation programs for different categories of survivors. They include the Article 2 Fund for survivors who had received little or no earlier compensation. They also include the Hardship Fund, created in 1980 for victims who had been behind the Iron Curtain and missed the 1969 deadline under the German compensation law. Others are the Central and Eastern European Fund for survivors in the former Soviet bloc and the Child Survivor Fund. Payments still reach survivors today. The Claims Conference estimated about 196,600 Jewish Holocaust survivors alive worldwide in January 2026. The record is public, in the Conference’s annual reports at claimscon.org.

Luxembourg · 1952

West Germany signs with Israel and the Claims Conference.

The Luxembourg Agreement (Hebrew Heskem HaShilumim, German Luxemburger Abkommen) was signed in the Luxembourg City Hall on September 10, 1952, in a brief, low-key ceremony, kept that way because of the fierce Israeli opposition described below. Three men signed: West German Chancellor Konrad Adenauer, Israeli Foreign Minister Moshe Sharett for the State of Israel, and Nahum Goldmann for the Claims Conference.

What it provided:

To Israel, about 3 billion Deutschmarks (roughly $714 million in 1952), to offset the cost of absorbing some 500,000 survivors who had immigrated and of supporting the surviving European Jewish population. It was paid over twelve years, mostly in German export goods (machinery, ships, manufactured products) rather than cash.

To the Claims Conference, through Israel, about 450 million Deutschmarks (roughly $110 million in 1952), to compensate Jewish survivors and community organizations outside Israel.

West Germany also committed to pass the Federal Compensation Law for individual survivor claims, covered below.

The agreement mattered far beyond the sums. It bound a postwar German government, by treaty with Israel and the Claims Conference, to compensate the Jewish victims of the Nazi regime. Adenauer had prepared the ground in his September 27, 1951 address to the Bundestag. He accepted that unspeakable crimes had been committed in the name of the German people and that they called for moral and material compensation. That compensation was to cover both the harm done to individual Jews and Jewish property left without surviving claimants. Over the following decades, other states and institutions, among them Austria, Swiss banks, and France, made their own Nazi-era settlements.

The Israeli controversy

A vote that divided the young state.

Inside Israel, the decision to negotiate was bitterly contested. The opposition, led by Menachem Begin and his Herut party, argued that taking German money would mean accepting Germany’s rehabilitation and putting a price on Jewish lives.

The debate in the Knesset, Israel’s parliament, of January 7–9, 1952, where Prime Minister David Ben-Gurion’s government sought authorization to negotiate, became the flashpoint. On January 7, Begin told a rally in Jerusalem’s Zion Square that there were fates worse than death, that his people would go with him to die, and that there would be no negotiations with Germany. The crowd then marched on the Knesset, and Begin took the podium inside while the protest went on.

The demonstration turned violent. Thousands of protesters, organized by Herut and the wider opposition, gathered outside. They clashed with police and threw stones, and the building’s windows shattered. Many demonstrators and police officers were injured. The Knesset debated under physical siege.

The vote on January 9, 1952 authorized negotiations: 61 in favor, 50 against, 5 abstaining, 4 absent. Begin, who refused to retract the words he had used against Ben-Gurion in the chamber, was barred from the Knesset plenum for three months.

The position shifted with time. The twelve years of German payments became one of the main sources of capital for the early state. Historians credit Luxembourg money with helping to build the national water company Mekorot, the Israel Electric Corporation, the Zim shipping line, the railways, and much of the country’s early infrastructure. The later scholarship, Tom Segev’s The Seventh Million (Hill and Wang, 1993), Ronald Zweig’s German Reparations and the Jewish World (Frank Cass, 2001), records both: the moral anguish and the economic lifeline.

The Federal Compensation Law

Reaching the individual survivor · 1953 / 1956 / 1965.

The Luxembourg Agreement paid Israel and the Claims Conference. The German Federal Compensation Law (Bundesentschädigungsgesetz, BEG) reached the individual. It began with a first compensation statute in force October 1, 1953. It was enacted in full as the BEG on June 29, 1956, retroactive to 1953, and closed by the final law of September 14, 1965. It remained the main framework for individual claims into the 1990s.

It compensated several kinds of harm:

• Damage to life: payments to the heirs of those killed.
• Damage to health: for survivors with physical or psychological injury from persecution, imprisonment, or forced labor.
• Damage to liberty: for those held in camps, ghettos, or other detention.
• Damage to property: where the property itself could not be returned.
• Damage to professional and economic advancement: for careers and educations that persecution had cut short.

The scale: about 4.4 million individual claims were processed between 1953 and the 1990s, and roughly 80 billion Deutschmarks (about €40 billion in later currency) was paid out. Most recipients were Jewish survivors. Persecuted Social Democrats and members of religious orders also received payments. Roma and Communist claimants were largely shut out for decades. Communists were excluded by the law’s loyalty clause. Roma were excluded by a 1956 federal court ruling that called their deportation crime prevention rather than racial persecution, a ruling not reversed until 1963.

The law’s limits are part of the record. Survivors who had emigrated to Soviet-bloc countries were mostly shut out by Cold War politics, and only reached by later programs after 1989. Many with genuine health damage struggled to meet the law’s demanding proof requirements. Forced and slave laborers from non-Jewish populations (Polish and Soviet civilian laborers) were mostly excluded, and only compensated decades later through the Foundation treated below.

East Germany · 1990

Forty years of silence, then a settlement.

East Germany (the German Democratic Republic, 1949–1990) stayed out of the restitution system for its entire existence. Its position was that the reparations question had been settled at the 1945 Potsdam Conference, which let the Soviet Union extract reparations from its occupation zone. On that view, the East German state owed no further compensation to Jewish or other victims. As a result, across the Cold War, much of the Nazi-era property and harm inside East German territory went uncompensated.

The Treaty on the Final Settlement with Respect to Germany, the “Two Plus Four Treaty,” was signed in Moscow on September 12, 1990 by the four wartime Allies and the two German states. It settled the external terms of unification and restored full German sovereignty. Unification itself came through the Unification Treaty. When unification took effect on October 3, 1990, the Unification Treaty passed East Germany’s obligations to the reunified Federal Republic. That opened the door to the 1990s expansion: compensation for survivors still in Eastern Europe, restitution of Jewish communal property in the former East, and more.

The 1992 Article 2 Agreement between the Claims Conference and Germany put the reunification settlement into practice. The Article 2 Fund pays ongoing monthly pensions to survivors who never received BEG compensation. About 30,000 survivors still drew Article 2 pensions in 2024.

The Swiss banks · 1998

The dormant accounts, the Nazi gold, the closed border.

The Swiss Banks settlement of August 12, 1998 resolved the wartime conduct of Switzerland’s financial institutions. Pressure had been building through the 1990s. U.S. wartime intelligence on Swiss banking was declassified in 1995. In 1996 the Volcker Commission began an independent audit of the Swiss banks, chaired by former U.S. Federal Reserve chairman Paul Volcker. In 1997 the bank security guard Christoph Meili was fired after he exposed a bank destroying Nazi-era account records, a federal crime in Switzerland.

Three questions drove it. Dormant accounts: Holocaust victims had deposited assets in Swiss banks before and during the Nazi years, and many of those accounts had been hidden or withheld from heirs. The Volcker Commission’s 1999 report found accounts never returned. Nazi gold: the Swiss National Bank traded in gold with the Reich during the war, including gold taken from Jewish victims and from the national banks of Belgium, the Netherlands, and others. The Bergier Commission, Switzerland’s own official historical inquiry (1996–2002), traced that trade. Refugee policy: Switzerland’s 1942 closure of its border to Jewish refugees, which sent people back to Nazi capture, was examined in the same Bergier inquiry.

The settlement paid $1.25 billion, from Credit Suisse and the Union Bank of Switzerland (which merged with Swiss Bank Corporation in 1998 to form UBS). It came through class-action litigation in U.S. federal court (the Eastern District of New York, Judge Edward Korman presiding), and was distributed to about 458,000 claimants across five categories between 2001 and 2014. Stuart Eizenstat, the lead U.S. negotiator, told the story in Imperfect Justice (PublicAffairs, 2003).

Washington · 1998

Forty-four nations agree on a rule for looted art.

The Washington Conference on Holocaust-Era Assets, held November 30 to December 3, 1998, produced the framework for the art restitution that followed. Forty-four nations and thirteen non-governmental organizations took part. The U.S. State Department organized it under Stuart Eizenstat.

Its product was the eleven Washington Principles on Nazi-Confiscated Art, adopted by consensus on December 3, 1998. They call for identifying Nazi-confiscated art that was never returned, opening records and archives, and devoting people and resources to the search. They ask that identified works be publicized, that a central registry of such information be built, and that prewar owners and their heirs be encouraged to come forward. Where owners or heirs are found, “steps should be taken expeditiously to achieve a just and fair solution.” The Principles also call for alternative ways of resolving disputes and for commissions with a balanced membership.

The Principles are non-binding (adopted by consensus, not treaty), but they set the standard against which states and museums are now judged. The framework grew with the Vilnius Forum Declaration of October 2000 and the Terezín Declaration of June 2009, signed by 46 nations at the Holocaust Era Assets Conference in Prague and Terezín.

Slave and forced labor · 2000

Payments to the surviving forced and slave laborers.

The German Foundation “Remembrance, Responsibility and Future” (Stiftung “Erinnerung, Verantwortung und Zukunft”, EVZ) was created by federal law on August 2, 2000. It compensated survivors of Nazi forced and slave labor, a group the BEG had never adequately reached, especially the non-Jewish laborers from Poland, the Soviet Union, Ukraine, and the rest of Eastern Europe.

It was endowed with €5.2 billion (10 billion Deutschmarks before the 2002 euro switch), split evenly between the German federal government and the German companies that had used forced and slave labor. About 6,500 firms contributed through the German Economic Foundation Initiative. Between August 2001 and the main distribution’s close in June 2007, roughly 1.66 million surviving laborers in about 100 countries were paid. Slave laborers (survivors of concentration-camp labor) received up to €7,669. Forced laborers (those deported to labor outside the camp system) received up to €2,556, and smaller categories were paid proportionally.

The fund also recorded German industry’s wartime conduct in public. The companies that had used forced and slave labor included IG Farben, which used Auschwitz prisoners, and Daimler-Benz, Volkswagen, Siemens, BMW, and Krupp. Peter Hayes’s Industry and Ideology: IG Farben in the Nazi Era (Cambridge, 1987) is one study of that record.

Austria · 2001

The reckoning that arrived half a century late.

Austria spent decades behind a single idea: that it had been Hitler’s “first victim.” The phrase came from the Allies’ own 1943 Moscow Declaration, which called Austria “the first free country to fall a victim to Hitlerite aggression.” The same declaration also told Austria that it had “a responsibility, which she cannot evade, for participation in the war at the side of Hitlerite Germany.” Austria leaned on the first phrase for decades to limit what it owed. Historians such as Robert Knight and Bertrand Perz have documented how. Their work gathered pace after the 1986 controversy in which presidential candidate Kurt Waldheim was revealed to have concealed his wartime service with the German army in the Balkans.

The General Settlement Fund Law (Allgemeines Entschädigungsfondsgesetz) of 2001 was Austria’s answer. It endowed $210 million for claims covering liquidated businesses, real estate taken from Jewish owners and never returned, household property, and the range of Austrian-Jewish losses from 1938 to 1945. About 20,000 claims were filed by the 2003 deadline, with distribution running 2005–2015.

The Washington Agreement of January 17, 2001 between Austria and the United States framed the settlement. Other Austrian programs followed: the National Fund of the Republic of Austria for Victims of National Socialism (founded 1995, expanded in 2001) and the Austrian Reconciliation Fund, Austria’s counterpart to the German EVZ, for forced and slave laborers.

Looted art

The piece of the reckoning that is still unfinished.

Art is the most unresolved part of the whole architecture. By the most commonly cited estimate, the Nazi regime looted about 600,000 artworks (paintings, drawings, sculpture), alongside millions of books, manuscripts, and ceremonial objects. Roughly 100,000 of the artworks are estimated to remain unaccounted for, in museum and private collections and public archives. The 1998 Washington Principles set the rule. Enforcement has been uneven.

A few cases shaped the field. Maria Altmann was the heir of Adele and Ferdinand Bloch-Bauer, owners of Gustav Klimt’s Portrait of Adele Bloch-Bauer I (“Woman in Gold,” 1907) and four other Klimts. In Republic of Austria v. Altmann (U.S. Supreme Court, June 7, 2004), the Court let her pursue her claim against Austria in U.S. court. An Austrian arbitration panel awarded her the five paintings on January 16, 2006. The story reached a wide audience through the 2015 film Woman in Gold. In the Gurlitt case (2012–2014), about 1,500 works were found in the Munich apartment of Cornelius Gurlitt, son of the Nazi-era dealer Hildebrand Gurlitt. The find led to a German task force in 2013 and the return of roughly fifteen works to identified heirs. Standing bodies now carry the work. In Germany, a binding arbitration tribunal for Nazi-looted art, agreed in 2024 and open to claimants directly, replaces the advisory Limbach Commission of 2003. Others include the UK’s Spoliation Advisory Panel (2000), the Dutch Restitutions Committee, and France’s CIVS, its commission for the compensation of victims of spoliation.

Much of it remains undone: the commissions still sit, and major museums are still researching the provenance of their holdings, tracing where each work came from and who owned it before the war.

Object Spotlight

Adriaen van Ostade, Customers Conversing in a Tavern, 1671.

A small tavern scene, less than a foot and a half tall, is one of the clearest examples the looted-art reckoning has to show. By 1937 it belonged to Paul Graupe, a Jewish art dealer in Paris. His partner Arthur Goldschmidt was Jewish too. Both had already been forced out of Nazi Germany. When the Paris gallery closed in 1940, the painting went into storage, and as Graupe fled Europe he asked Goldschmidt to save what he could.

The painting was not saved. In February 1941 it was sold to Karl Haberstock, an agent buying for Hitler, and in April it entered the Reich Chancellery, picked for the museum Hitler planned to build in Linz. Allied forces recovered it in 1945 and shipped it to France for return. No one claimed it. In 1951 the French state auctioned it off. It changed hands for decades, bought in 1992 by collectors who had no idea what they held, until research traced the gap and, in 2023, the museum and the heirs of Graupe and Goldschmidt reached a settlement.

The panel itself shows only a tavern and its customers. The whole history lives in its provenance, the record of who owned it, when, and how it changed hands. That is what the 1998 Washington Principles asked museums to make public, and why a seventeenth-century tavern scene became evidence in a twenty-first-century reckoning. About 100,000 looted works are still unaccounted for. Most of them have no such record yet.

The work continues

What is still active in the 2020s.

Several parts of the work remain active. Survivor compensation: elderly survivors still receive payments through the Claims Conference, the German government, and related programs. Monthly pensions come chiefly through the Article 2 Fund and the Central and Eastern European Fund. The Hardship Fund makes a one-time payment, and eligible survivors now also receive a yearly supplemental payment, extended through 2028. The Child Survivor Fund makes one-time payments, and German funds pay for home care for survivors worldwide. Property claims: these are still filed across Europe, especially in Poland (where the framework remains contested), the Czech Republic, and Hungary, where postwar Communist governments had nationalized Jewish property. Art: the Washington Principles keep producing returns, and provenance research continues in museums across Europe and North America. Communal property: synagogues, schools, cemeteries, and community buildings across the former Nazi-occupied lands remain mostly unreturned, pursued by the World Jewish Restitution Organization (founded 1992). Documentation: the archives at USHMM, Yad Vashem, and elsewhere, and the scholarship, keep growing.

The totals

What was paid, across seventy-plus years.

No single payment covered it all. The money came instead in separate settlements, each answering a different piece of the crime, one for the survivors who reached Israel, one for individual claims, one for slave labor, one for the Swiss banks, and others. Added together, each stated the way its own accounting states it, the record looks like this:

• West Germany, Luxembourg Agreement (1953–1965): about $714 million at the time.
• West Germany, BEG individual compensation (1953–1990s): about $50 billion across roughly 4.4 million claims.
• Germany, Article 2 Fund and post-1990 Claims Conference programs: about $20 billion.
• Foundation “Remembrance, Responsibility and Future” (2000–2007): about €4.4 billion, from a fund of €5.2 billion, to about 1.66 million former laborers or their heirs.
• Swiss Banks settlement (1998): $1.25 billion to about 458,000 claimants.
• Austrian General Settlement (2001): $210 million, with other Austrian programs totaling about $1 billion.
• French settlements (the January 2001 banks agreement, plus ongoing awards by France’s CIVS commission since 1999): several hundred million dollars.
• Insurance settlements (through ICHEIC, the International Commission on Holocaust Era Insurance Claims, established 1998), for life-insurance policies that Jewish families in Europe had bought and that their heirs could not collect: about $300 million.

The estimated total: more than $90 billion from the German government alone, by the Claims Conference’s count. The Austrian, Swiss, French, and insurance settlements above come on top of that. The money reached millions of people (survivors and surviving heirs) across more than seventy years. From its founding, the Claims Conference stressed that no amount of money “can make good the destruction of human life and cultural values.”

What remains contested

Open questions.

The scholarship treats several questions as open.

The 1952 Israeli question. The opposition Begin led has been weighed ever since. Historians including Tom Segev and Ronald Zweig describe the agreement as an economic lifeline for the early state. The moral question he raised, whether a financial settlement serves memory and accountability, is still debated.

The adequacy question. Did the totals match the harm? Most scholars judge that the sums were large but could not restore what was lost, and were not meant to. How to design such settlements for harms of comparable scale elsewhere remains an open problem.

The “Holocaust industry” charge. Norman Finkelstein’s The Holocaust Industry (Verso, 2000) attacked the Claims Conference and the wider system as corrupt. It drew sharp rebuttals from historians, including Peter Novick and Omer Bartov, and from the Claims Conference itself. They rejected its central claims while acknowledging real questions about administrative costs and transparency that every large compensation program faces. In 2009 the Conference itself found fraud against its Hardship and Article 2 programs and reported it to law enforcement. Federal prosecutors found a $57.3 million scheme to steal from funds meant for survivors, and thirty-one people were charged, among them the former director of those programs. Finkelstein’s broader framing has not been adopted in the scholarship.

The communal property question. How to return Jewish communal property (especially in Poland and across Eastern Europe, where Communist governments nationalized it) is still unsettled. Poland’s stance has been contested across the post-1989 period.

More than seventy years after Israel and West Germany signed the Luxembourg Agreement, monthly payments still reach elderly survivors around the world.

Classroom Connections

Where this Chapter fits.

Teaching Connections

• World History. The Luxembourg Agreement, the BEG, the 1990 reunification settlement, the Swiss-banks and slave-labor settlements, and the Washington Principles are core postwar history, an accountability framework built over decades between states, courts, and survivor organizations.
• Classroom Applications. Students can:
  • trace the provenance and ownership of looted property and art
  • weigh the ethics and the limits of financial repair
  • compare national and institutional responses (West Germany, Austria, Swiss banks, German industry, U.S.-brokered settlements)
  • analyze treaties, audited settlements, and restitution programs as primary sources
  • evaluate what money can and cannot do as a form of accountability
  • construct evidence-based arguments using primary and secondary sources.
• International Classroom Relevance. Because this Chapter examines reparations, transitional justice, looted-art restitution, and cross-border accountability, it supports Holocaust education, human-rights and legal education, museum and provenance studies, and source-based historical inquiry.

Standards Alignment

• NYS Social Studies Framework: NY Global History 10.10 (Human Rights Violations).
• NYS Holocaust Education Mandate, Education Law §801. Supports Holocaust instruction by examining how the crime’s aftermath was answered in treaties, courts, and payments.
• Common Core RH.11–12.6 & RH.11–12.9. Students analyze the Luxembourg Agreement, the BEG and its amendments, the Washington Principles, the Volcker and Bergier reports, and the Eizenstat memoir while evaluating perspective, purpose, and corroboration across primary sources.
• C3 Framework, D2.His.1 & D2.His.14. Students investigate chronology, causation, continuity and change, and evidence-based interpretation while examining how nations and institutions built accountability over decades.

For further classroom use

• For teachers. The Claims Conference (claimscon.org) carries extensive documentation, and its annual reports are public. USHMM’s online encyclopedia and Yad Vashem’s resources both cover postwar restitution.