The Rape of Europa

This new film, “The Rape of Europa” is just being released in New York this week, and should start to make the art house circuit soon. Metacritic seems to be giving the film good marks so far.

It details the spoliation by the Nazis, and the efforts of allied soldiers known as the monument men to track down the works. The theft was on such a grand scale that the issues are still fresh today. Poland and Germany have engaged in a very bitter dispute in recent weeks. The death of Bruno Lohse revealed he had been storing a looted Pissarro in a Swiss bank vault since the end of the war. The Altmann case and the Klimts are given a prominent role as well.

I am eager to see the film, but just watching this trailer I’m struck by how much more powerful images and music are than the articles I write. I can give an academic view, but seeing the works and the black and white pictures bring the story much more depth and emotion. Whether that produces better cultural policy solutions is questionable I think. Perhaps we are allowing emotion to cloud our judgment in some of these cases?

I haven’t seen the film of course, but we shouldn’t put the blame on Germany alone, though they do rightfully deserve the most criticism. The loss of art and antiquities is an inevitable part of conflict. Russian forces plundered countless works from East Germany, and allied bombs destroyed medieval buildings in Dresden and at Montecassino. An American GI also stole the Quedlinberg treasures, and his family was able to sell them back to the church in the 90’s. In the end, the movie should speak to a fundamental question which still plagues us: what is the value of cultural property? Is it essential to a people’s heritage? Is it worth sacrificing lives or other economic development?

The NY Times has a short overview, as does Lee Rosenbaum.

Questions or Comments? Email me at derek.fincham@gmail.com

More Thefts in France


The French Culture Ministry has promised tighter security after another serious theft, this one from the Perpignan Cathedral (pictured here). The thieves took twenty objects, some dating to the 17th Century. Here is the AP wire story:

Thieves stole more than 20 religious objects dating back to the 17th century from a cathedral in the southwestern French city of Perpignan, the Culture Ministry said.

Culture Minister Christine Albanel was visiting the Saint Jean the Baptist cathedral in Perpignan, as well as meeting police and regional cultural officials, on Thursday to express her outrage at the theft, the ministry said.

More than 20 pieces dating from the 17th, 18th and 19th centuries, including plates and chalices for Communion, were taken overnight Tuesday, the ministry said.

Stephane Brunelle, a spokesman for Roman Catholic authorities in Perpignan, said the thieves took the most valuable items. Though beer cans were strewn on the floor, investigators suspect that may have been an attempt to confuse police and make the crime look like vandalism rather than a well-organized plot, he said.

Albanel, during her visit to the cathedral, said she would push for tougher sentencing for those who burglarize historic buildings.

Churches are vulnerable. I’m not sure increased criminal penalties will prevent this problem, but it can’t hurt I suppose. Increased security and stricter provenance checks are the answer. I am often amazed at the valuable works hanging in Europe’s out-of-the way churches.

Questions or Comments? Email me at derek.fincham@gmail.com

The Taliban Attacks Another Buddha


A very troubling story from Pakistan. On Monday, armed men attempted to damage this giant Buddha in the Swat valley in Pakistan. The BBC has a good report. The men arrived in the night, drilled holes in the rock, and filled them with dynamite. There was damage to the rock above the carving, but the actual carving was unharmed. The carving is considered the second-largest in Asia behind only the now-destroyed Bamiyan Buddhas.

I’m not sure how much can be done to protect sites in this part of the world. I know there is a UNESCO Convention on the Intentional Destruction of Cultural Heritage, but that kind of multilateral treaty seems ill-equipped to prevent this kind of willful and senseless destruction.

(hat tip to David Nishimura at Cronaca)

Questions or Comments? Email me at derek.fincham@gmail.com

Trouble Ahead for UK Museum Funding


Back in July, Martin Bailey wrote in the Art Newspaper that the National Gallery is “facing its most serious acquisition crisis for over 100 years, with the threat of losing pictures on loan worth around £200m.” Why the cause for alarm? A number of works currently on loan at the National Gallery will be going up for sale, and public funds are scarce. The works on the market include:

  • Rubens’ Apotheosis of King James I, a sketch for the Banqueting House in Whitehall just down the street from Trafalgar Square. It was created by Rubens around 1629-30 in preparation for Indigo Jones’ new building. It has been on display since 1981, and is owned by Viscount Hampden’s family trust.
  • Five works by Poussin, known as The Sacraments; pictured here is one of the five, The Eucharist. Originally there were seven paintings. One was lost to fire in the 19th century, while the other is on display in the National Gallery in Washington D.C. The remaining five belong to the Duke of Rutland.
  • Also, Titian’s Portrait of a Young Man is up for sale as well. The National Gellery offered “the after-tax equivalent of £55m” for the work two years ago, but Lord Halifax rejected the offer.

The sale of these important works is going to put pressure on the funding arrangement, which has been substantially cut in recent months to prepare for the London Olympics. The Heritage Lottery Fund set has previously set aside £80m for arts projects. This year that number was reduced to £40m, but in the next two years the number will be decreased to £20m. As Giles Waterfield’s editorial in the Art Newspaper makes clear,

When the Heritage Lottery Fund (HLF) was set up in 1994, the trustees’ prime priority was to update Britain’s museums. This certainly needed doing: since repairs made after World War II, remarkably little had been spent on the fabric of museums, or on new construction. Compared to France, Germany or the United States, the number and quality of new museum buildings were laughable.

This will all change to free up funds for the London Olympic bid. As Charlotte Higgins wrote in the Guardian recently “The lottery fund was due to lose an initial £143m to the Olympics, but in March a further £90m was taken”.

I’m not an art historian, and I don’t feel qualified to comment on whether these works warrant these sums, or if all of them are integral to the cultural heritage of the UK. It is a pity that arts funding has been sacrificed for the Olympic bid to this extent. The decision to sell these works will also continue to put pressure on the funding system, especially given the tremendous upswing in the art market. The UK export restrictions are a model, and one which cuts a great compromise between retention of art and an open market. Those works which rise to the Waverley Criteria are delayed export until domestic funding can be secured. That system though depends on the availability of funds. If arts funding is decreased in this manner, such efforts will become more difficult.


Questions or Comments? Email me at derek.fincham@gmail.com

Persepolis Fragment on Sale


This Persepolis relief fragment owned by Denyse Berend will be up for sale at a Christie’s auction on October 25th. Iran temporarily blocked the last auction in an unsuccessful bid to reclaim the fragment. You can read about the case and my reaction to the High court decision by clicking on the label below.

All indications are that Iran will not bid on the fragment. I wonder if there was any attempt by Iran to work out a compromise with Mme. Berend?

I’m reminded of a 2004 article by Professor James Nafziger (A Blueprint for Avoiding and Resolving Cultural Heritage Disputes, 9 Art, Antiquity and Law 3 (2004)). In it he points out that cultural heritage disputes are adversarial. In this case, both parties have solid, and perhaps legitimate arguments but only one side will retain the tablet. He discusses the parable of the two sisters, each of whom wants one orange:

How should it be allocated? One solution would be to award the orange to the sister with the greater ‘rights’ to the orange. That is the strictly adversarial approach that often characterizes the formal resolution of cultural property disputes today. A second solution would be to award half of the orange to each of the sisters, an appealing compromise until it becomes apparent that one sister wants the orange only to eat its pulp whereas the other wants only the orange peel for cooking. Thus, although compromises may often be preferable to either/or solutions, they typically fail to take contending interests, as opposed to stated positions, into account. A third, better informed allocation of the disputed orange would be to encourage the sisters to express their respective interests in the orange and then to work out a mutually productive, more-than-zero-sum solution to a dispute.

Professor Nafziger and the International Law Association have proposed a more collaborative process which has a great deal of merit I think. In this case, Mme. Berend wants to sell the tablet without admitting any wrongdoing, and Iran wants the tablet returned, and perhaps a vindication that its cultural heritage has been taken. Surely there is a middle ground here? In any event the auction will be quite interesting, and I wonder if Iran’s legal challenge will have an impact on the purchase price. It could open any cultural institutions to an ethical claim for repatriation or it more likely cemented the purchaser’s title which is now beyond legal challenge.
(Hat tip to Chuck Jones for alerting me to the auction).

Questions or Comments? Email me at derek.fincham@gmail.com

Why Distort the Facts when they support you?

The Former US Secretary of Defense Donald Rumsfeld responded to the looting of the Iraq Museum in Baghdad by saying, “Stuff happens… the images you are seeing over and over and over. It’s the same pictures of some person walking out of some building with a vase and you see it twenty times. And you think, my goodness, were there that many vases?” Is it possible that there were that many vases in the whole country?” Those are callous and ridiculous comments to be sure, and there were a myriad of failings in protecting the museum when hostilities began.

However Naomi Klein in her new book The Shock Doctrine is just plain wrong when she attempts to criticize the coalition forces after the Iraq invasion. An excerpt of her new book is published in today’s Guardian. After reading the piece I wondered, why distort the facts so badly when the solid facts actually could support your position. Here is the relevant excerpt:

The bombing badly injured Iraq, but it was the looting, unchecked by occupying troops, that did the most to erase the heart of the country that was.

“The hundreds of looters who smashed ancient ceramics, stripped display cases and pocketed gold and other antiquities from the National Museum of Iraq pillaged nothing less than records of the first human society,” reported the Los Angeles Times. “Gone are 80% of the museum’s 170,000 priceless objects.” The national library, which contained copies of every book and doctoral thesis ever published in Iraq, was a blackened ruin. Thousand-year-old illuminated Qur’ans had disappeared from the Ministry of Religious Affairs, which was left a burned-out shell. “Our national heritage is lost,” pronounced a Baghdad high-school teacher. A local merchant said of the museum, “It was the soul of Iraq. If the museum doesn’t recover the looted treasures, I will feel like a part of my own soul has been stolen.” McGuire Gibson, an archaeologist at the University of Chicago, called it “a lot like a lobotomy. The deep memory of an entire culture, a culture that has continued for thousands of years, has been removed”.

Thanks mostly to the efforts of clerics who organised salvage missions in the midst of the looting, a portion of the artefacts has been recovered. But many Iraqis were, and still are, convinced that the memory lobotomy was intentional – part of Washington’s plans to excise the strong, rooted nation that was and replace it with their own model. “Baghdad is the mother of Arab culture,” 70-year-old Ahmed Abdullah told the Washington Post, “and they want to wipe out our culture.”

As the war planners were quick to point out, the looting was done by Iraqis, not foreign troops. And it is true that Rumsfeld did not plan for Iraq to be sacked – but he did not take measures to prevent it from happening either, or to stop it once it had begun. These were failures that cannot be dismissed as mere oversights.

During the 1991 Gulf war, 13 Iraqi museums were attacked by looters, so there was every reason to believe that poverty, anger at the old regime and the general atmosphere of chaos would prompt some Iraqis to respond in the same way (especially given that Saddam had emptied the prisons several months earlier). The Pentagon had been warned by leading archaeologists that it needed to have an airtight strategy to protect museums and libraries before any attack, and a March 26 Pentagon memo to coalition command listed “in order of importance, 16 sites that were crucial to protect in Baghdad”. Second on the list was the museum. Other warnings had urged Rumsfeld to send an international police contingent in with the troops to maintain public order -another suggestion that was ignored.

Even without the police, however, there were enough US soldiers in Baghdad for a few to be dispatched to the key cultural sites, but they weren’t sent. There are numerous reports of US soldiers hanging out by their armoured vehicles and watching as trucks loaded with loot drove by – a reflection of the “stuff happens” indifference coming straight from Rumsfeld. Some units took it upon themselves to stop the looting, but in other instances, soldiers joined in. The Baghdad International Airport was completely trashed by soldiers who, according to Time, smashed furniture and then moved on to the commercial jets on the runway: “US soldiers looking for comfortable seats and souvenirs ripped out many of the planes’ fittings, slashed seats, damaged cockpit equipment and popped out every windshield.” The result was an estimated $100m worth of damage to Iraq’s national airline – which was one of the first assets to be put on the auction block in an early and contentious partial privatisation.

From what I understand, Klein argues in her book that crisis has been manipulated by leaders to bring about sweeping social change. That seems like an interesting hypothesis, and its the kind of controversial and engaging argument that I usually find interesting. But in discussing the looting of the Iraq museum, she gets a myriad of facts wrong, distorts the truth, and wholly fails to account for the good work American soldiers, led by former prosecutor, and then Colonel Matthew Bogdanos did in tracking down objects. I talked about this last year.

Most notably, the 170,000 figure has been discredited, and the number of objects still missing is probably around 3,000. That’s still an alarming number to be sure, but why quote old and inaccurate estimates? Also, the Iraqi military occupied the site, and fired on coalition troops from the museum. To be sure, the invading forces dropped the ball when they neglected to secure the museum after the museum was abandoned, but that paints a very different picture from what Klein describes here. When you have plenty of good accurate evidence to support your position, why would you resort to this kind of lazy inaccuracy? I presume that in her zeal to lay out here position she neglected to account for other points of view. This is the same kind of myopic view which has plagued the current administration. It becomes all the more puzzling though when you consider Rumsfeld did most of Klein’s work for her.

Questions or Comments? Email me at derek.fincham@gmail.com

Native American Art Returned

Scott Sonner has an interesting AP story on the decision by the US Forest Service to return boulders bearing petroglyphs to the site they were removed from four years ago. Here’s an excerpt:

U.S. Forest Service officials never believed John Ligon’s claim that he dug up two boulders etched with American Indian petroglyphs four years ago to put them in his front yard for safekeeping.

But they did share a concern he voiced that someone would steal the centuries-old rock art on national forest land a few football fields away from a growing housing development. After they recovered the stolen property, federal land managers struggled for years with the question of what to do with the rock etchings of a bighorn sheep, an archer, a lizard and a wheel.

Now, after initially thinking it was best to place them in a state museum, the agency — in consultation with local tribal leaders — has decided to return them to the mountainside where they were for perhaps as long as 1,000 years before they were disturbed.

“It belongs out there,” said Linda Shoshone, cultural resources director for the Washoe Tribe in Nevada and California. She and others said removing the petroglyphs from the site takes them out of their spiritual context.

“I realize it is a tough decision on our part because we don’t want it to be damaged any more than it has been,” Shoshone said. “But I’ve come to the conclusion that maybe the more we educate John Q. Public at the sites, the more they will help us preserve stuff like this.”

The theft of the petroglyphs on the northwest edge of suburban Reno garnered national attention at the time and still reverberates through the community.

“The significant assault on Native American memories and cultural items is as bad as walking into a Catholic church and taking a cross off the wall,” said Arlan Melendez, chairman of the Reno-Sparks Indian Colony.

Archaeologists believe the rock pile where the drawings were located was a hunting blind where 800 to 1,000 years ago tribesmen lay in wait for deer and elk migrating from Peavine Peak toward the Truckee River valley below.

The site is visible three miles away from the upper floors of the federal courthouse in downtown Reno where the accused looters stood trial in 2003.

That’s an interesting problem with no easy solution. If they return the petroglyphs, they risk another theft. But the art loses something if its housed in a museum I think. The only real solution is to educate the public about the benefits of archaeology, why it is important, and how easy it can be to lose information from important sites forever. I think that is one of the biggest reasons why more nations should adopt the approach most of the UK has taken with the Portable Antiquities Scheme, which David Gill talks about today as well. As Professor Patty Gerstenblith has argued, a nation protects those elements of its past which it values. As Linda Shoshone, cultural resources director for the Washoe Tribe in Nevada and Colorado, said in the article “It is really hard to educate a society that has no culture here in the United States — our land. They left it in Europe… But when we teach fourth graders about things like this, they are going to teach their parents.”

Questions or Comments? Email me at derek.fincham@gmail.com

Hire This JD/PhD!

Please forgive the self-promotion, but I am approaching the end of my time as a PhD candidate here at the University of Aberdeen, and my wife is quite understandably tired of supporting my education habit. Two 3-year postgraduate programs really are about the limit, so I’ve reluctantly concluded that I should get myself employed.

I will be submitting my thesis tentatively titled “The US and UK Response to the Illicit Trade in Cultural Property” in November of this year. If you think I would be a good addition to your law faculty, arts institution, law firm (or anything really) please visit my web page where I’ve listed my qualifications, publications, teaching experience, and research interests. Location is no obstacle, we would be excited to move anywhere in North America or Europe especially.

I have submitted my information to the AALS, so any law professors who may enjoy my writing, I would appreciate a kind word to your hiring chairs. I’m cautiously optimistic about the process, but I would also be interested in some teaching fellowships as well.

If you have further questions you can email me at derek.fincham “at” gmail.com.

Questions or Comments? Email me at derek.fincham@gmail.com

Fourth-Largest Criminal Enterprise?

Cameron Skene of CanWest News Service had an overview of art theft over the weekend. He talked to the usual folks who speculate about the size of the art theft problem, and gave the normal ranking of art theft as the fourth-largest criminal activity.

Estimating the size of the illicit market is a difficult undertaking. Skene writes “Interpol ranks art theft as the fourth largest criminal enterprise after drugs, money laundering and weapons.” This appears incorrect, but its a common mistake. A number of media reports and even scholarly articles use this ranking, but I’m not sure its accurate. Interpol certainly does not endorse it:

We do not possess any figures which would enable us to claim that trafficking in cultural property is the third or fourth most common form of trafficking, although this is frequently mentioned at international conferences and in the media. In fact, it is very difficult to gain an exact idea of how many items of cultural property are stolen throughout the world and it is unlikely that there will ever be any accurate statistics. National statistics are often based on the circumstances of the theft (petty theft, theft by breaking and entering or armed robbery), rather than the type of object stolen.

The best estimates I have found are the FBI’s rough account of $6 Billion annually, and the various reports given to the UK’s Department of Culture Media and Sport Illicit Trade Advisory Panel which was given a number of very different estimates. I wonder, do any readers have any better or more concrete estimates? Empirical research is very popular in legal scholarships these days, does anyone have any ideas about how we could calculate the size?


Questions or Comments? Email me at derek.fincham@gmail.com

More on the Acroliths at UVA

The University of Virginia’s student newspaper, The Cavalier Daily has an editorial today on the two acroliths in the University Museum. Contrary to some speculation, there has been no confirmation the objects will return to Italy, and neither the University nor the Italian Culture Ministry have made any announcements yet. The Cavalier has another story by Laura Hoffman and Thomas Madrecki, which reveals some interesting details:

University Associate General Counsel Richard Kast said the artifacts were also given to the University by an anonymous donor.
Kast added that the University entered into an agreement with the donor to neither publicize the acroliths nor reveal the identity of the donor.
“Under the agreement that is in place, the University is not supposed to openly publicize the fact that they have the acroliths,” Kast said.
Kast also said, however, that the University is “obviously” in the possession of the marbles.
“There is an agreement, and the agreement has been in place for a while,” Kast said.
Several Italian news outlets have reported that the acroliths will be returned to the Aidone region in 2008. The New York Times article quoted Beatrice Basile, the art superintendent for the Italian province of Enna, as saying “We’re happy they’re coming back.”
According to Malcolm Bell, III, University professor of art history and director of ongoing University excavations in Morgantina, the museum will display the artifacts until the end of this calendar year.
Bell added that he is “eager to see them returned” and “optimistic” about the possibility of their return to Italy. Bell also said the Times article was accurate.
Kast declined to comment on the possibility of ongoing inquiries from the Italian government to the University in reference to the acroliths.

That seems odd. They have these objects but are not allowed to publish the fact. It seems there is an agreement, but no announcement has been made. As the editorial asks:

Too many questions remain unanswered. Even more, it seems, haven’t been asked. Who owns the masks? To whom do they rightly belong? Does the University Art Museum plan to return the masks? And if not, why? Until the public learns the truth, the circumstances surrounding the masks will continue to arouse suspicion.

I think that is exactly right. It seems like the University of Virginia has a good relationship with Italian authorities certainly, and perhaps is acting as a go-between for the anonymous donor, most likely Tempelman, and Italy.

On an unrelated note, unlike student papers here in the UK, (especially the atrocious one run by the students here at the University of Aberdeen) student papers back in the States take their jobs seriously and do some real reporting.

Questions or Comments? Email me at derek.fincham@gmail.com