Balancing the Ledger: How conditional return undermines the goals of restitution

Conditional return is a potential outcome in claims for the return of cultural property of which the rightful owners were previously illegitimately dispossessed. Conditions might include a prohibition on an object’s sale or the repayment of compensation. Despite its use, there is a noticeable lack of critical discussion on the appropriateness of conditional return in these claims. Imposing conditions on the rightful owner of cultural property is impractical, ignorant of the context, and ultimately at odds with ownership and its associated rights. Drawing on examples from Nazi-era claims and Native American claims, I show that the use of conditional return is inappropriate and ultimately unhelpful in achieving the goals of restitution and fair and just solutions. This article further reveals the covert and malignant forms of conditional return that hide under power structures and assumptions of authority and expertise. Both overt and covert conditional return ought to be prohibited given their inappropriateness and impracticality in these contexts.