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During the twelve years of its existence Nazi Germany carried out what was probably the greatest program of looting and spoliation of property that was ever devised. It was a conscious policy arising out of a complex of motives, some as ancient as the almost immemorial concept of "spoils of war," and some arising from factors which would require analysis by a modern psychiatrist. There is a distinction (which for technical reasons will be maintained in this paper) between acts of spoliation within Germany and such acts accomplished in other countries, as the Nazis overran them. The distinction is superficial because the overrunning of foreign countries was conceived by the Nazis as an extension of the German imperium, and the principle underlying spoliation was the same in Germany and abroad-the superior claim of the Herrenvolk and the German State to property held by what was conceived as inferior types of people. Within Germany the program of spoliation was directed mainly against the Jews and was pursued by a variety of methods ranging from the passage of legislation to outright murder. These same tactics were employed against the property of Jews who were found in German-annexed or German-conquered countries. Measures of lesser severity were employed against other persons and institutions in those countries. The post-war process of returning property to German-occupied countries came to be called "external restitution" and that of returning property to individuals when it had been taken in Germany was called "internal restitution." While this paper in using the word "restitution" will confine itself to "internal restitution," as to both the concept of "return" has a common origin in the wartime and post-war expressions of the Allied Powers. From these the intent to return spoliated property is quite clear. Undoubtedly the basic motive of the Allies in seeking return of the despoiled property was the general shocking inequity to the modern Western mind of linking property rights with class status, but the stimuli which transformed a feeling into a positive program were pressures to rectify these obvious injustices. In the case of external restitution, the despoiled countries were the movants, as were the despoiled * Member of the New York, District of Columbia, and Supreme Court bars. Former official in charge, Property Relations Occupied Areas, Department of State.

Problems of Compensation and Restitution in Germany and Austria