I’ve finished an essay looking at the question of whether Italy can successfully repatriate the “Bronze Statue of a Victorious Youth” (the Getty calls it the “Getty Bronze”). The answer? It is very likely if Italy can secure the assistance from the Federal Government. But Italy should have a very good case for receiving assistance because of a Mutual Legal Assistance Treaty first signed in 1982, and renewed in 2010.
Here’s the abstract:
Italy has been engaged in an ongoing fifty year struggle to recover an ancient greek bronze. The “Bronze Statue of a Victorious Youth” has a remarkable story. It was lost at sea in the Adriatic in antiquity; found by chance in international waters; smuggled into the Italian seaside village of Fano; hidden first in a bathtub, then a cabbage field; smuggled and hidden in Brazil; later conserved in Germany and London; and ultimately purchased by the Getty Museum only months after the death of the Trust’s namesake. J. Paul Getty. Getty refused to allow his museum to purchase the statue during his lifetime without a thorough and diligent inquiry into the title history of the Bronze. A step the trustees of the Getty did not take when it acquired the Bronze.
The question is not whether the Bronze was illicit when the Getty trustees made the decision to acquire it. It most certainly was, and still is. The question now is whether the Getty will be able to continue to retain possession. In the press and in cultural property circles the Bronze is considered nearly un-repatriatable given this convoluted history. But an Italian forfeiture action in Pesaro has quietly set in motion a means by which Italy can reclaim the Bronze through a Mutual Legal Assistance Treaty. This transnational forfeiture marks the creation of a useful new tool in the struggle to repatriate looted and stolen cultural objects. And perhaps more importantly the dispute signals a continuing trend in the importance of domestic law in source nations in cultural heritage law.
At present its a work in progress so please get in touch if you have any comments!