The Kunstmuseum Bern accepts the Gurlitt collection. This was decided by the Board of Trustees of the Art Museum.... Regarding the Gurlitt collection Schäublin says their own research centre at the Kunstmuseum Bern must be considered....  Schäublin on Gurlitt Collection: "On the threshold of the art museum is not stolen art".... Kunstmuseum pledges to fully investigate artwork restitution claims fully.... Central point of the agreement to accept Gurlitt's art collection.... Works of art looted or suspicious do not tread Swiss soil.... Berlin, Munich and Kunstmuseum Bern have signed an agreement on the management of Gurlitt's estate.... Schäublin agreement in accepting Gurlitt collection: Objects with suspicion of being Nazi-looted art will initially remain in Germany....  Bavarian Minister of Justice on the joint Gurlitt accord: "The agreement with the Kunstmuseum Bern is an important step in German history."...  Gurlitt case: The German Minister of Justice says Switzerland is the "right place" for the disputed collection....  Gurlitt press release concludes. Many questions being raised by attendees on state of task force investigation and limbo nazi loot objects.

Image from Mes Aynak (Brent Huffman)

“Like a mother watching her child dying right in front of her.” This is how archeologist Qadir Temori describes his feelings about the excavations that are threatened with destruction, all because a Chinese company will mine for copper directly on the archeological site Mes Aynak in Afghanistan. Temori is here with an international team of experts and volunteers, braving the threat of terrorism to dig up stunning ancient treasures. According to him, they are comparable in scale to a discovery such as Pompeii. It’s a race against the clock, because the mining company has given the archeologists a limited timeframe to excavate the 2,000-year-old Buddhist structures and relics. As in the case of the giant Buddhas of Bamiyan, destroyed by the Taliban around the turn of the millennium, valuable archeological objects are in jeopardy once again, although for different reasons this time. “Our history and heritage will vanish along with the money,” Temori sighs, indicating that the country will see little of the huge sums paid by the Chinese company to Afghan government officials for the mining rights. But there is hope: a protest has been registered with UNESCO and the Chinese company has put its copper mining activities on hold, at least for the time being. Saving Mes Aynak shows the dedication of the archeologists and the vulnerability of their discoveries, captured here in all their delicate splendor. - See more at: http://www.idfa.nl/industry/tags/project.aspx?id=DC944A3B-B213-4989-B99B-B72A46366BC9&tab#sthash.pFHrt1np.dpuf

“Sources ... said it was likely that the board members [of the Kunstmuseum Bern] would gather in Switzerland on Saturday to decide on Mr Gurlitt’s gift. Stuart E. Eizenstadt ... now special adviser on Holocaust issues to Secretary of State John Kerry, said Thursday that it was his understanding that the museum would accept the offer.”

Image Credit www.worldjewishcongress.org

What should happen, and immediately after the acceptance of the inheritance, is the creation by the Kunstmuseum Bern of an independent, well-resourced international tribunal to determine the fate of each and every one of the many art works. The tribunal itself should consist of international jurists and others with a range of art-crime related skills, assisted by a staff of independent provenance researchers, cataloguers, art and general historians, claimant advocates, and dispute resolution specialists.

After identifying each art work, promulgating identifying and other characteristics widely, and proactively inviting and assisting claimant contact with the tribunal, the tribunal should resolve the fate of each art work by employing first a range of appropriate dispute resolution processes so as to reach an agreed, just and fair solution. Failing agreement, the tribunal should determine each individual case by giving due weight and recognition both to the relevant legal factors, but also and crucially to the moral aspects as well.

A transparent and just process as outlined would avoid heaping future injustice on the top of past wrongs. It would propel the Kunstmuseum Bern to the forefront of efforts to undo some of the great harms done 70 years ago, amid the chaos and confusion of war.

“ ... this presents a real opportunity for the museum to raise its international profile by doing the right thing with regard to the portion of the collection that was stolen by the Nazis.”

Bern’s Museum of Fine Arts had planned to announce on November 26 whether it will accept the collection. It has now said the announcement will happen two days earlier - and in Berlin. The development supports the rumour that the museum will accept the collection, but leave it in Germany to allow for provenance research to be completed and potential claims to be addressed.

US litigation lawyer, Nicholas O’Donnell, who specialises in wartime restitution claims and produces Art Law Report, has been following the case closely. He believes that the Bern museum will accept the gift, but would likely request some kind of indemnification from Germany to face either the expense of receiving the collection, or restitution costs. “Germany must be considering the possibility just to get rid of the problem,” he told swissinfo.ch.

One such piece is the Matisse painting, considered to be one of the finest of the collection. Counsel to the Rosenberg heirs, the founder and director of Art Recovery International, Christopher Marinello and his team immediately set the wheels in motion to recover the painting when its existence became known. 

He joins the chorus of criticism against the “insensitive” task force, but praises the individual provenance researchers. In his opinion, they are excellent, but overwhelmed. “You can put together the best football team in the world, but without appropriate coaching and management support, it’s going to be difficult to win a match." 

Provenance research, Matthias Henkel of the German task force reminded swissinfo.ch during an initial exchange, is tremendously difficult and takes more time than anyone can imagine. It is now fairly certain that the one-year deadline to clarify the Gurlitt estate will not be met. 

According to Marinello, the Gurlitt bequest is a great opportunity for a Swiss institution to take the lead and make up for Germany’s deficiencies in this case. “I would urge the Museum of Fine Arts to accept the Gurlitt bequest and resolve the issues over the Nazi-looted works of art in accordance with the Washington Principles,” he stated.