Author: Derek Fincham

Embassy Cables Discuss Odyssey Marine, and a Nazi era Dispute

So the World is buzzing with all the revelations, mundane and otherwise, offered by the release of diplomatic cables via wikileaks. This has touched all manner of foreign and diplomatic relations, even cultural property and heritage issues. The Guardian has reprinted and summarized a series of recent cables which detail meetings between US officials and Spanish officials between 2007 and 2010. The various positions and points of concern related here really don’t come as much of a surprise. What is perhaps heartening to note is the importance of these issues at the highest levels of international relations. Nations take these disputes very seriously.

It is certainly possible to over-emphasize the importance of these, but both parties certainly seem to have very different priorities. In a 2008 cable, Spanish Culture Minister Molina is concerned with the then-emerging dispute with Odyssey Marine, while the American Ambassador focuses on Spain’s dispute with Claude Cassirer. As the embassy cable summarized,

The Ambassador stressed the USG’s interest in direct discussions between the Spanish government and Claude Cassirer, the AmCit claimant of a painting by Camille Pisarro (“Rue St. Honore”) in the Thyssen Museum. The Ambassador noted also that while the Odyssey and Cassirer claim were on separate legal tracks, it was in both governments’ interest to avail themselves of whatever margin for manuever they had, consistent with their legal obligations, to resolve both matters in a way that favored the bilateral relationship. The minister listened carefully to the Ambassador’s message, but he put the accent on the separateness of the issues. Molina said that no Spanish government could return the painting (if this is what the claimant wants). To begin with, while the minister presides over the board that manages the Thyssen Museum’s collection, the minister could not oblige the board to return the painting without a (Spanish) legal judgment. The minister added that paying compensation, as the British government has reportedly done in a number of cases, also posed legal problems.

  1. Giles Tremlett, WikiLeaks cables: Art looted by Nazis, Spanish gold and an embassy offer, The Guardian, December 8, 2010, http://www.guardian.co.uk/world/2010/dec/08/wikileaks-us-spain-treasure-art (last visited Dec 9, 2010).
Questions or Comments? Email me at derek.fincham@gmail.com

The Morgantina Treasure Returns to Sicily

“Here they are not orphans.”

So says Enrico Caruso, the director of the Archaeological park in Morgantina upon the installation of the Morgantina Silver in Aidone, Sicily. The 16 ancient Greek silver objects had been partially returned to Italy as a part of a 2006 agreement between Italy and the Met, and will now be on display near the site where they were likely looted nearly 30 years ago. Both Italy and the Met will share joint custody of these objects, and the objects will rotate between Aidone and the Met every four years. In this way visitors to both the Met and Aidone will be able to decide for themselves where they prefer to view and appreciate this collection of objects.

One of the tireless campaigners for the return of the silver objects has been Malcolm Bell III who is quoted in the New York Times:

“’The silver can perhaps shed light on the brutal, dramatic circumstances of the final years of the Second Punic War and, seen within the framework of the house, we get a sense of the art and the material culture of Hellenistic Sicily,’ said Malcolm Bell III, professor emeritus of art history and archaeology at the University of Virginia and the director of excavations at Morgantina. ‘They have truly been recontextualized, and that is really important.’”

The Morgantina Objects, as displayed at the Met

And yet I think the reason this recontextualization is important can be tied to the experience of viewing the landscape, the situs of the objects, and the current culture in the region.

Next year the Getty will return the statue of Aphrodite to Aidone, and residents there surely hope visitors will seek out the repatriated objects and boos the local economy. One of the striking themes which emerged from Elisabetta Povoledo’s reporting of the story are the economic benefits which will accrue to the city and territory when visitors flock to see the ancient objects. There appears to be a shift in culture, away from tolerating the looting of sites and the clandestine sales of these objects and a move towards responsibly managing these pieces of heritage.

And yet I wonder as well whether much would be made of this collection of silver, or the Aphrodite had these objects not been displayed in Los Angeles and New York, and then sent back in a very public way.

  1. Elisabetta Povoledo, Morgantina Silver Returns to Italy in Aidone Museum, The New York Times, December 5, 2010, http://www.nytimes.com/2010/12/06/arts/design/06silver.html?_r=2&sq=Morgantina&st=cse&adxnnl=1&scp=1&adxnnlx=1291737663-LJxPa3Cb/2lTVd2f0CM/fg (last visited Dec 7, 2010).
Questions or Comments? Email me at derek.fincham@gmail.com

Footnotes

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

More Collapsing Structures in Pompeii

Sylvia Poggioli/NPR

The Berlusconi government is coming under fire for failing to protect buildings at Pompeii and elsewhere from the elements. A piece of Rome’s colosseum fell, part of the home of Emperor Nero crumbled, and now buildings at Pompeii are being damaged by the elements.

All this while Economics Minister Giulio Tremonti said “you can’t eat culture” as he cut funds for the culture ministry. I think anyone who has experienced the delights of Porchetta might seriously disagree with that assertion. That dish was mentioned by Roman writers as early as 400 BCE.

Sylvia Poggioli reports that:

Budget cuts led to a drastic drop in the number of guards, so it’s easy to sneak into the houses and get a glimpse of ancient frescoed walls that are exposed to the elements. Made with humble local stone, these homes were not built to last 2,000 years — all the more need for routine maintenance.

These objects are part of Italy’s cultural heritage, but they are part of our heritage as well. I’m frustrated that the best the Berlusconi government seems able to do is to use Disney as a model for the care and protections of these sites, as Luigi Necco puts it “Why this Disneyland here in the center of Pompeii . . . the center of a human tragedy of 2,000 years ago?”
  1. Sylvia Poggioli, A Collapse In Pompeii Highlights Neglect In Italy NPR, http://www.npr.org/2010/12/02/131581852/a-collapse-in-pompeii-highlights-neglect-in-italy (last visited Dec 2, 2010).
Questions or Comments? Email me at derek.fincham@gmail.com

ARCA Panel at the 2010 American Society of Criminology

File:MalteseFalcon1930.jpgLast Thursday ARCA sponsored an antiquities panel held at the American Society of Criminology meeting in San Francisco. It was a lively panel, and I always enjoy getting a chance to discuss these issues in person, to an interested audience. San Francisco was a great setting for this kind of thing, and though the conference hotel was located near the Tenderloin, in the old stomping grounds of Dashiell hammett, I managed to restrain myself and avoid making any pained “Maltese Falcon” references, though I’m unable to resist here. What follows are a few of my thoughts which I jotted down during the panel.

Kimberly Alderman began the panel by examining the connections between art crime and organized crime and the drug trade. The connection matters, as it may be one way to help highlight the problem of the theft and looting of sites, as organized crime and illegal drug sales will draw the attention of law enforcement more readily. Yasmeen Hussain followed, and discussed the role of antiquities issues in international relations. I was really struck that there may be more room in the debate for political scientists to weigh in on these issues in a more direct way, perhaps offering frameworks for useful dialogues which can “build capacity” as Yasmeen argued. Erik Nemeth followed and really opened my ideas to the idea of “cultural intelligence” and the need to assess the “tactical and strategic significance of antiquities and cultural heritage sites”. I ended the panel by looking in some detail at the Four Corners antiquities investigation, and argued that the criminal offenses at the Federal level are inconsistently applied and do not really do a very good job of regulating and changing the underlying nature of the market.

One interesting idea which emerged from the questions after the panel was Simon Mackenzie’s question about whether the UN definition of organized crime could or should be applied to certain parts of the antiquities trade like auction houses. The definition states that organized criminal groups are “a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences. . .”. Kim responded by noting that even if these groups are not actively and intentionally engaged in the crimes, they may be unwitting actors or play a part in an organized criminal network, referencing the work of Edgar Tijhuis.

Overall, it was a terrific weekend, another Cultural Property panel with Blythe Bowman Proulx, Matthew Pate, Duncan Chappell, and Simon Mackenzie was terrific as well. Thanks to all the panelists, and especially the volunteers who put together Thursday evening’s reception at the Thirsty Bear.

(cross-posted)

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

Yale Says Machu Picchu Artifacts Will Return

Yale has announced objects from Machu Picchu will be returned to Peru, and that an agreement is being “formalized”. It seems the objects will return to Peru early next year, which will bring an end to the ongoing lawsuit brought by Peru. Hopefully the two sides have reached a mutually beneficial compromise, and an agreement is close. But remember, an agreement has been announced before.

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

Footnotes

The Collapsed House of the Gladiators at Pompeii

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

Footnotes

The Collapsed House of the Gladiators at Pompeii

ARCA Panel at the 2010 American Society of Criminology 11/18 (UPDATE)

If you like beer and art crime next week’s American Society of Criminology Meeting in San Francisco will have you sorted.

First, ARCA will be sponsoring a panel titled “Antiquities Trafficking:  Complementary Countermeasures“. I’ll be the discussant for the panel, so I hope if you are in the area or attending the conference you will consider attending.

  • Cultural Intelligence: Data Sources on the Motivation and Means for Trafficking – Erik Nemeth (ARCA)
  • The Difficulty in Using Criminal Offences to Police the Antiquities Trade – Derek Fincham (Assistant Professor, South Texas College of Law/ARCA)
  • Cultural Property and International Relations: Implications in Dialogue – Yasmeen del Rosario Hussain (CUSP, Dhaka, Bangladesh)
  • Honor Amongst Thieves: The International Subculture of Art Crime – Kimberly L. Alderman (University of Wisconsin Law School)
More details on the panel are posted below after the jump. There also looks to be a very promising panel the next morning titled “Cultural Property Crime“ at 8 am titled “Cultural Property Crime” which may be of interest as well.

And second, that evening ARCA will also be sponsoring a reception at the nearby Thirsty Bear in San Francisco:
Thursday, November 18
6.30 p.m. to 8.30 p.m
Thirsty Bear
661 Howard Street
San Francisco, CA 94105
(Directions)

ARCA warmly invites those in the Bay area to join us for some free drinks, nibbles, and lively discussion about art crime and cultural heritage protection. This is an excellent opportunity to meet ARCA staff, volunteers, and experts and professionals in the field of art crime.  


UPDATE: I’ve updated Ms. Alderman’s abstract and affiliation below:


Panel title: Antiquities Trafficking – Complementary Countermeasures

Abstract: Reports that implicate the crime-terror nexus in trafficking in antiquities warrant closer inspection of the risks posed by the tactical exploitation of cultural patrimony. This panel explores the means of interdiction and diplomacy for countering transnational trafficking in antiquities. The historically clandestine nature of the antiquities trade and disconnect between due diligence and laws governing the transfer of cultural property have challenged countermeasures to looting and trafficking in antiquities. The challenges create opportunities for terrorist groups and insurgencies that operate in proximity to coveted archaeological sites to collaborate with transnational organized crime in exploiting the multibillion-dollar illicit trade in cultural patrimony. Legal cases for repatriations of Greek and Roman antiquities have publicized negotiations between market and source nations and, in turn, have brought greater transparency to the antiquities trade. Simultaneously, increasing awareness of the political clout of cultural patrimony has motivated collection of intelligence on the lucrative market, and insights into the value of cultural patrimony to security policy in source nations create opportunities to compel due diligence in market nations. Difficulties and risks in following through with prosecution suggest the need for complementary methods to counter trafficking.

Talks:

–          The Difficulty in Using Criminal Offences to Police the Antiquities Trade (Derek Fincham)

–          Cultural Intelligence (Erik Nemeth)

–          Cultural Property and International Relations (Yasmeen del Rosario Hussain)

–          Honor Amongst Thieves (Kimberly L. Alderman)

——————————————————————————————————————————————–

The Difficulty in Using Criminal Offences to Police the Antiquities Trade

Derek Fincham, South Texas College of Law

Abstract: There has been a dramatic increase in recent years in the investigation and prosecution of individuals connected to the trade in stolen and illegally excavated antiquities, particularly in the United States.  The antiquities trade routinely fails to effectively distinguish illicit and illegally-obtained objects.  The current regulatory framework in nations of origin and in market nations puts far too much pressure–and expects too much–of investigators and prosecutors.  This produces a number of negative consequences, including the loss of archaeological context, the illegal acquisition of objects by museums, and the destruction of objects.  This paper will examine the U.S. criminal penalties for dealing in looted antiquities, focusing in particular on the vigorous use by Federal Prosecutors of the Archaeological Resources Protection Act both to police domestic looters, but also objects from abroad which enter the American antiquities trade.  The paper looks at the risks and benefits of applying this federal criminal law in these novel contexts and concludes that many of the reasons for the difficulty in prosecuting these crimes may also make the trade of interest to organized criminals such as terrorist networks. 

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Cultural Intelligence: data sources on the motivation and means for trafficking

Erik Nemeth, ARCA, Santa Monica, California

Abstract: Over the past decade, the proximity of coveted antiquities to armed conflict with non-state actors has warranted consideration of the tactical value of cultural property.  “Cultural intelligence” enables assessments of the value of antiquities to insurgencies and terrorist groups. This paper identifies sources of cultural intelligence as fundamental assets in countering looting and facilitating interdiction of trafficking in antiquities. Looting of antiquities in developing nations and targeting of religious monuments in acts of political violence offer potential tactical advantage to insurgencies and terrorist groups. The clandestine nature of the licit, let alone the illicit, trade in art challenges the collection of data on the financial value of antiquities in the primary market. Open-source publications, such as auction archives, that report on the art market provide a means to assess the relative value of antiquities across source nations, and players in the illicit trade offer opportunities for the collection of data on the networks that transfer antiquities internationally.

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Cultural Property and International Relations:  implications in dialogue

Yasmeen del Rosario Hussain, CUSP, Dhaka, Bangladesh

Abstract:  Dialogue necessarily, purposefully, and effectively influences foreign policy, capacity building, and security.  Governments and civil society organizations use dialogue to voice concerns and highlight issues, thereby affecting public perception.  Government and civil society dialogue on cultural property may counter looting, build socio-political bridges, and encourage national and cultural pride.  Examples of these facilities include the following government/civil society-driven exchanges on cultural property:  Greece – cultural spending requests for monument restoration and maintenance at a time of financial woe; Britain – debates over the effect of returning looted artifacts from Magdala and manuscripts from Ethiopia; Iraq – looted artifacts from the National Museum smuggled through Dubai; Kenya –  repatriation of stolen vigango statues from two United States Museums by the National Museums of Kenya; China – auction of Chinese animal head bronzes claimed by the Chinese to have been looted and refused to be repatriated by YSL/Berge as a statement against the situation in Tibet; United States – repatriation of looted Khmer artifacts and coordination with Cambodian Ministry of Culture; and Mali – solicitation of domestic support to counter looting and create solidarity against outsiders such as Al Qa’ida.  The exploration of these and other instances evidence the potential of dialogue on cultural property to impact international relations, increase cultural understanding, prevent antiquities trafficking, alter political maneuvers, and build capacity.

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Honor Amongst Thieves: The International Subculture of Art Crime

Kimberly L. Alderman, University of Wisconsin Law School

Abstract: Government agencies, non-profits, scholars, and advocacy groups alike assert that organized crime has fueled the illicit antiquities trade since the early 1960s.  The illicit antiquities trade has been linked to money laundering, extortion, the drug and arms trades, terrorism and insurgency, and even slavery.  Meanwhile, in the past fifty years, both the international community and sovereign states have increased legislation pertaining to cultural property.  These developments in the antiquities trade beg the question of whether there is a relationship between the increased involvement of organized criminal groups in the trade and the increasingly repressive system regulating that trade.  This presentation considers the connection between organized crime and the illicit antiquities trade, examines known criminal subcultures and evidence of their involvement in the trade, and inquires about a possible connection between the increasing regulation of the antiquities trade and the apparent increase in organization of those willing to subvert the legal system regulating that trade.
Questions or Comments? Email me at derek.fincham@gmail.com

Egypt Secures Return of 19 Objects

One of the 19 objects returned to Egypt by the Met

The Met will return object to Egypt which had been unlawfully removed from Egypt after the excavation of Tutankhamen’s tomb. Archaeologist Howard Carter discovered the tomb in 1922, and at the time some archaeologists may have kept some of the objects they found.

As the Met’s Director Thomas Campbell said in a statement “Because of precise legislation relating to that excavation, these objects were never meant to have left Egypt, and therefore should rightfully belong to the government of Egypt”.

These objects will likely assist Dr. Zahi Hawass in his attempts to secure the return to Egypt of objects which are very famous, which were removed from Egypt much longer ago—the Rosetta Stone and the Bust of Nefertiti. Hawass has made clear that he is seeking to fill a new national museum in Cairo with many of these renownd objects.

  1. Kate Taylor, Met to Repatriate Objects From King Tut’s Tombs to Egypt, The New York Times, November 10, 2010, http://www.nytimes.com/2010/11/10/arts/design/10met.html?_r=2 (last visited Nov 11, 2010).
  2. Ashraf Khalil, Egypt Hunts Ancient Artifacts, wsj.com, November 11, 2010, http://online.wsj.com/article/SB10001424052748704689804575535662169204940.html (last visited Nov 11, 2010).
Questions or Comments? Email me at derek.fincham@gmail.com