Public international law in the context of post-German cultural property held within Poland’s borders. A complicated situation or simply a resolution?

2020 ◽  
Vol 33 (4) ◽  
pp. 953-968
Author(s):  
Bartłomiej Sierzputowski
Keyword(s):  
International Law ◽  
Legal Status ◽  
Second World War ◽  
Cultural Property ◽  
World War ◽  
Public International Law ◽  
Post War ◽  
Polish Government ◽  
Second World ◽  
Complicated Situation

AbstractThe article discusses the complicated situation of post-German cultural property held within Poland’s borders after the Second World War. On 2 August 1945, ‘the Big Three’ decided a new layout of power within Europe. They reached an agreement that Silesia, Pomerania, the Free City of Danzig (Gdańsk), and part of East Prussia (Regained Territories) along with all the property which had been left on site, should be a part of Poland. One of the post-war priorities of the Polish Government was to regulate the legal status of post-German cultural property left within these newly-delineated borders. Although the Second World War ended in 1945, there was still a threat that the majority of post-German property could be devastated, destroyed, or even looted. There are some documented cases where such cultural property was seized inter alia by the Red Army and then transported to Russia. Since 1945, Russian museums have exhibited many of these pieces of art. This article addresses the question concerning the legal status of post-German cultural property in light of public international law. Furthermore, the article responds to the question, whether Poland is entitled to restitution of post-German cultural property looted from the Regained Territories.

Germany is No More: Defeat, Occupation, and the Postwar Order

2012 ◽  
Author(s):  
Stefan-Ludwig Hoffmann
Keyword(s):  
International Law ◽  
Legal Status ◽  
Second World War ◽  
World War ◽  
Sovereign State ◽  
Southern States ◽  
History Of ◽  
Post War ◽  
The Cold War ◽  
Second World

This article focuses on a completely back lashed Germany after the Second World War. More people died in the Second World War than in any other conflict before or since. Particularly between the Elbe and the Volga, the Nazi war of extermination left a wasteland of death. This article traces the gradual transformations that came over Germany post 1945. After the ‘unconditional surrender’ of 8 May, 1945 — the formulation was initially coined for the defeated Southern states in the American Civil War — German territories came under the control of the four Allied Powers, creating an ambiguous legal status unprecedented in the history of modern international law. Divided into four major territories, each under the control of the allied forces, Germany was no longer a sovereign state. This article further traces the effects of the post-war era followed by the gradual embracing of democracy. The Cold War and the final descending of peace in the German territory winds up this article.

Building a Case against the War Criminals

2017 ◽  
Author(s):  
Dean Aszkielowicz
Keyword(s):  
International Law ◽  
War Crimes ◽  
International Agreements ◽  
Second World War ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
World War ◽  
War Criminals ◽  
Post War ◽  
Second World

Long before the Second World War ended, the Allies were planning to prosecute Axis war criminals, including both those in positions of leadership and the perpetrators of individual crimes. There was no standing war crimes court at the end of the Second World War, however, and the post-war trials were a watershed in international law. For the trials at Nuremberg and Tokyo, Allied planners drew on the development of international humanitarian law and international agreements signed by the combatants over the decades preceding the war. The vast majority of war criminals who were prosecuted did not face the court at Nuremberg or Tokyo: they appeared before national military tribunals which were conducted according to each prosecuting country’s war crimes law. The Australian War Crimes Act passed through the parliament in October 1945, shortly before trials began.

Part I The Origin and Legal Source of the Persistent Objector Rule, 1 The History and Emergence of the Persistent Objector Rule

2016 ◽  
Author(s):  
Green James A
Keyword(s):  
International Law ◽  
Second World War ◽  
Legal Obligation ◽  
Legal Basis ◽  
Insufficient Evidence ◽  
World War ◽  
Public International Law ◽  
Academic Fiction ◽  
Second World ◽  
The Way

This is the first of two chapters which examine the emergence and legal basis of the persistent objector rule. This chapter looks at its origin and validity. It tackles an important issue: whether the rule exists at all as a norm of public international law. Most scholars regard the rule as an aspect of the system, but an important number also have argued that it is an academic fiction with no basis in law. They say that it was simply designed by scholars to patch over a sketchy positivist understanding of international legal obligation based on consent. However, supporters of the rule have generally not provided much in the way of evidence for its existence. The chapter concludes that while the ‘roots’ of the persistent objector rule can be traced back well before 1945, there is insufficient evidence to assert that the rule in its modern incarnation had emerged prior to the Second World War.

In the Shadow of the Holocaust

2021 ◽  
Author(s):  
Michael Fleming
Keyword(s):  
War Crimes ◽  
Second World War ◽  
World War ◽  
The Holocaust ◽  
The Government ◽  
Post War ◽  
Polish Government ◽  
The Cold War ◽  
The Relationship ◽  
Second World

In the midst of the Second World War, the Allies acknowledged Germany's ongoing programme of extermination. In the Shadow of the Holocaust examines the struggle to attain post-war justice and prosecution. Focusing on Poland's engagement with the United Nations War Crimes Commission, it analyses the different ways that the Polish Government in Exile (based in London from 1940) agitated for an Allied response to German atrocities. Michael Fleming shows that jurists associated with the Government in Exile made significant contributions to legal debates on war crimes and, along with others, paid attention to German crimes against Jews. By exploring the relationship between the UNWCC and the Polish War Crimes Office under the authority of the Polish Government in Exile and later, from the summer of 1945, the Polish Government in Warsaw, Fleming provides a new lens through which to examine the early stages of the Cold War.

Squatting: The Fight for Decent Shelter, 1970s–1980s

2018 ◽  
Vol 11 (1) ◽  
pp. 27-50
Author(s):  
John Marsland
Keyword(s):  
Welfare State ◽  
Public Services ◽  
Second World War ◽  
World War ◽  
Housing Policies ◽  
The West ◽  
The World ◽  
Housing Needs ◽  
Post War ◽  
Second World

During the twenty years after the Second World War, housing began to be seen as a basic right among many in the west, and the British welfare state included many policies and provisions to provide decent shelter for its citizens. This article focuses on the period circa 1968–85, because this was a time in England when the lack of affordable, secure-tenured housing reached a crisis level at the same time that central and local governmental housing policies received wider scrutiny for their ineffectiveness. My argument is that despite post-war laws and rhetoric, many Britons lived through a housing disaster and for many the most rational way they could solve their housing needs was to exploit loopholes in the law (as well as to break them out right). While the main focus of the article is on young British squatters, there is scope for transnational comparison. Squatters in other parts of the world looked to their example to address the housing needs in their own countries, especially as privatization of public services spread globally in the 1980s and 1990s. Dutch, Spanish, German and American squatters were involved in a symbiotic exchange of ideas and sometimes people with the British squatters and each other, and practices and rhetoric from one place were quickly adopted or rejected based on the success or failure in each place.

Metamorphoses of memory of the the Russian-Serbian Brotherhood of War in Modern Serbia

2020 ◽  
Vol 13 (4) ◽  
pp. 142-156
Author(s):  
A. Yu. Timofeev
Keyword(s):  
World War Ii ◽  
Civil War ◽  
Party System ◽  
Historical Memory ◽  
Civil Conflict ◽  
Second World War ◽  
World War ◽  
Post War ◽  
The Stability ◽  
Second World

The article considers the perception of World War II in modern Serbian society. Despite the stability of Serbian-Russian shared historical memory, the attitudes of both countries towards World wars differ. There is a huge contrast in the perception of the First and Second World War in Russian and Serbian societies. For the Serbs the events of World War II are obscured by the memories of the Civil War, which broke out in the country immediately after the occupation in 1941 and continued several years after 1945. Over 70% of Yugoslavs killed during the Second World War were slaughtered by the citizens of former Kingdom of Yugoslavia. The terror unleashed by Tito in the first postwar decade in 1944-1954 was proportionally bloodier than Stalin repressions in the postwar USSR. The number of emigrants from Yugoslavia after the establishment of the Tito's dictatorship was proportionally equal to the number of refugees from Russia after the Civil War (1,5-2% of prewar population). In the post-war years, open manipulations with the obvious facts of World War II took place in Tito's Yugoslavia. In the 1990s the memories repressed during the communist years were set free and publicly debated. After the fall of the one-party system the memory of World War II was devalued. The memory of the Russian-Serbian military fraternity forged during the World War II began to revive in Serbia due to the foreign policy changes in 2008. In October 2008 the President of Russia paid a visit to Serbia which began the process of (re) construction of World War II in Serbian historical memory. According to the public opinion surveys, a positive attitude towards Russia and Russians in Serbia strengthens the memories on general resistance to Nazism with memories of fratricide during the civil conflict events of 1941-1945 still dominating in Serbian society.

Western Ethnic Borderlands in the Influence of Russian-Soviet Propagangda Before and in the Years of the Second World War

2017 ◽  
Vol 2 (46) ◽  
pp. 32-39
Author(s):  
Igor Lyubchyk
Keyword(s):  
First World War ◽  
Second World War ◽  
World War ◽  
Russian Orthodoxy ◽  
The Social ◽  
The First World War ◽  
Post War ◽  
Second World ◽  
First World ◽  
Russian Identity

The research issue peculiarities of wide Russian propaganda among the most Western ethnographic group – Lemkies is revealed in the article. The character and orientation of Russian and Soviet agitation through the social, religious and social movements aimed at supporting Russian identity in the region are traced. Tragic pages during the First World War were Thalrogian prisons for Lemkas, which actually swept Lemkivshchyna through Muscovophilian influences. Agitation for Russian Orthodoxy has provoked frequent cases of sharp conflicts between Lemkas. In general, attempts by moskvophile agitators to impose russian identity on the Orthodox rite were failed. Taking advantage of the complex socio-economic situation of Lemkos, Russian campaigners began to promote moving to the USSR. Another stage of Russian propaganda among Lemkos began with the onset of the Second World War. Throughout the territory of the Galician Lemkivshchyna, Soviet propaganda for resettlement to the USSR began rather quickly. During the dramatic events of the Second World War and the post-war period, despite the outbreaks of the liberation movement, among the Lemkoswere manifestations of political sympathies oriented toward the USSR. Keywords: borderlands, Lemkivshchyna, Lemky, Lemkivsky schism, Moskvophile, Orthodoxy, agitation, ethnopolitics

“Product Not Available in Pre-War Quantities – but Quality Remains the Same”: Remarks on Advertisements as Historical Sources

2019 ◽  
Author(s):  
Magdalena Saryusz-Wolska
Keyword(s):  
Social Norms ◽  
Economic History ◽  
Second World War ◽  
Point Of View ◽  
World War ◽  
Historical Sources ◽  
The Past ◽  
German Press ◽  
Post War ◽  
Second World

The article focuses on advertisements as visual and historical sources. The material comes from the German press that appeared immediately after the end of the Second World War. During this time, all kinds of products were scarce. In comparison to this, colorful advertisements of luxury products are more than noteworthy. What do these images tell us about the early post-war years in Germany? The author argues that advertisements are a medium that shapes social norms. Rather than reflecting the historical realities, advertisements construct them. From an aesthetical and cultural point of view, advertisements gave thus a sense of continuity between the pre- and post-war years. The author suggests, therefore, that the advertisements should not be treated as a source for economic history. They are, however, important for studying social developments that occurred in the past.

Sign in / Sign up

Export Citation Format

Share Document