Portable Antiquities Seized in Iraq

Iraqi police announced today the seizure of 39 antiquities discovered hidden near a shrine outside Nasiriyah in Southern Iraq.  These included clay tablets and statues, some of which may date from the 4,000 year-old Sumerian civilization. Are these objects from one of Iraq’s museums?  Were these objects looted from nearby archaeological sites?  If I could speculate on why the objects were hidden near a shrine: it may have been a convenient place to hide these looted objects for sale to visitors to the shrine. 

  1. Katherine Houreld, Iraqi police seize artifacts amid smuggling fears – Washington Times, Associated Press, January 5, 2009.
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Italy Recovers 1,700 Looted Antiquities

The AP is reporting that Italian authorities have uncovered a looting network which raided tombs outside Naples and Venice.  The objects were then illegally exported to market nations like the United States.

During more than a year of investigations, authorities recovered nearly 1,700 statues, vases and other artifacts dating from pre-Roman times to the heyday of the empire. Police flagged 19 people for possible investigation by prosecutors.  The artifacts were mainly dug out from tombs in the areas around Naples and Venice and included a bronze bust of the emperor Augustus, customs police in Rome said.  Part of the loot had been smuggled to the United States to be sold to collectors, they said.  The Italians said they worked with U.S. Immigration and Customs Enforcement in New Haven, Connecticut, to recover 47 ceramic and bronze statutes that had been looted from a tomb in southern Italy dating between the 6th and 5th centuries B.C.

  1. The Associated Press: Italian police recover hoard of looted artifacts, Associated Press, December 11, 2009.
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"It’s about emotion, not airtight logic and consistent policy."

So argues Michael Kimmelman in the New York Times in describing the recent calls for repatriation of works of art.  He takes as examples the recent repatriation claims made by Egypt against Germany and France.  He makes two points that I’d like to draw out of the article.

First, he claims that globalization has intensified “cultural differences” between nations.  This allows nationalism to “exploit culture”.  He may be correct in some cases, but he fails to note that the frescoes returned by the Louvre had been purchased recently, with little history.  Given what we know about the antiquities trade, this means they were likely illegally exported or looted. 

Second, he argues these claims are often based on emotion.  That is certainly true in some cases, because after all works of art are often designed to convey emotion.  One example of this would be Scotland’s desire for the return of the Lewis Chessmen.  But not all of these claims are without merit.  Moreover, why is it that only claimant nations are “emotional”.  Are not museums and other groups “emotional” when they make arguments that works of art should stay where they are currently situated?  Kimmelman makes the argument that justice has shifted.  But I think that is a good thing.  We are closer to better justice for all nations, not merely the wealthier market nations via International treaties like the 1970 UNESCO Convention, and important decisions like the Schultz and Barakat decisions in the United States and the United Kingdom.   

Michael Kimmelman, When Ancient Artifacts Become Political Pawns, The New York Times, October 24, 2009.

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Roger Atwood on the "Mass Pillage" in Iraq

Roger Atwood has an Op-Ed in yesterday’s New York Times arguing Iraq could learn from the approach of Peru and Mali in protecting their archaeological resources.  Both nations have used civilian patrols to protect sites, and apprehend looters:

This kind of grassroots organizing — where local officials, police officers and archaeologists join forces with local residents — is the best way to combat looting and protect sites from being swallowed up by the illicit antiquities trade. A similar strategy has proved effective in Mali, a country that has little in common with Peru besides a rich archaeological heritage. It would work in Iraq and elsewhere.

Surprisingly, though, relatively few governments have focused on getting rural people involved in protecting threatened sites. Most spend their energy pressing museums in the United States or Europe to repatriate looted artifacts, instead of focusing on safeguarding the archaeological riches still in the ground. Repatriation is a valuable goal, but an immense amount of historical information is lost whenever looting occurs and sites are damaged, even if the objects are later recovered. The government’s time would be better spent expanding the patrols to prevent looting in the first place.

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

Turkey Plagued by Illicit Antiquities Trade

An interesting piece this Sunday on the problem of looting of sites in Turkey and the smuggling of objects from war-torn nations like Afghanistan and Iraq through Turkey:

According to the “Cultural and Natural Assets Smuggling Report” prepared by the Culture and Tourism Ministry based on figures provided by the Anti-smuggling and Organized Crime Bureau (KOM) of the police department, Turkey sees higher statistics related to the smuggling of historical artifacts every year.  In 2003 security authorities seized 3,255 historical artifacts that smugglers were attempting to take abroad. With a steady rise over years, this figure rose to 17,936 in 2007. And another new high came in 2008, when authorities seized 42,073 historical artifacts and detained 4,077 suspects in 1,576 operations.  Coins are the favorite of smugglers as they are relatively easy to take abroad without detection. The number of coins seized by security authorities rose from 20,461 in 2007 to 55,613 in 2008. . . .


The report also maintains that conflicts and wars tend to create a suitable atmosphere for the smuggling of historical artifacts, as seen in Iraq and Afghanistan, where the ongoing wars allow smugglers to operate freely. The majority of historical artifacts smuggled out of these countries are sent to Western countries via Turkey. This route of smuggling implies that these historical artifacts are purchased by collectors in rich Western countries. The US, the UK, Switzerland and Japan are the favorite destinations for these items.  The report cites lack of sufficient security measures against theft in museums as the major reason for the high number of smuggling cases. Tourism is the most widely used venue for smuggling historical artifacts.Furthermore, Turkey lacks a sufficient and clear inventory of historical artifacts in the country, and Turkey does not have statistics about existing historical artifacts and about already smuggled items.

Ercan Yavuz, Turkey a magnet for smugglers of historical artifact [Today’s Zaman, Sep.  27, 2009]

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

The Symes Auction

Robin Symes, the antiquities dealer with a checkered past will have remnants of his art collection sold at auction at Bonham’s in Bath.  The sale is being organized by liquidators of Symes’ estate.  Symes was a successful dealer in antiquities, but also played a role in the trade in illicit antiquities.  He was featured prominently in the network of dealers which sold works handled by Giacomo Medici, and the Getty.  The catalog describes the sale as the “Robin Symes Collection”.  It includes the following “the items are being sold by the liquidators who make no warranty as to title, but have been given no reason to believe good title cannot be passed.”  Not exactly a ringing endorsement for the history of these items.  As Francesco Rutelli told the participants at the ARCA Conference in Italy this summer:  just because one can buy these items, doesn’t mean one should buy these items. 

Colin Gleadell, Art Sales:  the last remains of a scandal [The Telegraph, Sep. 28, 2009]

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

Buying Fake Antiquities (UPDATE)

Felix Salmon has an interesting discussion of the sale of fake antiquities, prompted by Charles Stanish’s initial article, with a lengthy response by Prof. Stanish himself.  As I commented there, those who follow these debates have enjoyed a thought-provoking series of responses to Prof. Stanish’s terrific initial article. I don’t doubt that many collectors are buying fakes. But I wonder at the efficacy of the typical archaeologist position—calling their actions an “irrational behavior” may be true enough, but is it wise?

As a lawyer, trying to craft a legal solution to these problems given the limits of funding and law enforcement resources is only made more difficult when partisans shout across the divide like this. I don’t dispute there are fakes, or that individuals shouldn’t perhaps collect many of the objects they collect. But we will never eradicate the desire of collectors to collect. Are there compromise positions which archaeologists may adopt that would shift this desire in helpful directions? Yes, but insulting those with a different view of material cultural heritage doesn’t get us any closer to any pragmatic solutions.

(UPDATE):

Paul Barford responds here.  He uses as examples of things which should not be compromised: the collection of wild bird eggs, drink driving, ivory poachers and child abuse.  Unfortunately he doesn’t follow through with any of these analogs, and they strike me as a bit bizarre. 

He states archaeologists should not compromise.  That is one view of course, and it is played out in Mr. Barford’s own blog, which does not allow commenting and has badly distorted many of my positions in the past.  Mr. Barford and I probably don’t disagree on many of the core problems, indeed he probably doesn’t disagree with what many collectors state publicly.  There exists broad consensus that looting of sites is a problem, and should be illegal.  The disagreement arises when we consider the legal measures which should respond.  He seems to take every instance of looting as an indication that “stronger” laws are needed.  But of course he never gives any concrete details.  I’d encourage Mr. Barford to consider the sentiments of Colin Renfrew, which I’ll paraphrase:  in the 30-plus years since the 1970 UNESCO Convention, has there been a decrease in the looting of sites?  Why?  Is it all because of collectors?  Or is it instead the inevitable result of some of these laws and regulations which have created a stronger black market?  What is Mr. Barford’s ideal legal framework?  Despite a primary interest in artifact hunting since the 1990’s, he hasn’t bothered to think about models for future policy as far as I can tell.  I’d be interested to read them. 

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

The Good Faith Acquisition of Antiquities

I have posted on SSRN the most recent version of my paper, Towards a Rigorous Standard for the Good Faith Acquisition of Antiquities of Antiquities, forthcoming in 37 Syracuse Journal of International Law and Commerce (2009).  Here is the abstract:

When antiquities are acquired without a rigorous due diligence process, that acquisition defrauds our heritage by distorting the archaeological record; causing potential harm to other legitimate acquisition of antiquities; perverting the important role museums play in society; and ultimately warping the understanding of our common cultural heritage.  Fraud occurs when a defendant intentionally deceives another.  Given the flood of scandals plaguing museums, collectors, and dealers, we can state now with some confidence that many of these individuals have committed a fraud on our collective human heritage.   

Combating this fraud is particularly difficult.  Though an existing body of law prohibits and punishes a variety of activities which further the illicit trade, these measures are severely hampered by the mystery surrounding antiquities transactions.  With increased scrutiny and a more rigorous and diligent title enquiry by buyers and sellers, these legal measures will become far more effective.  At present, details regarding authenticity, title, or even more basic questions such as the origin of an object are intentionally hidden and disguised from public view.

Good faith has been used to merely promote commercial convenience and economic efficiency.  This article proposes a new theoretical foundation for increased scrutiny of the antiquities trade by constructing a broad basis for the recognition of good faith as a mechanism for eliminating the illicit trade in antiquities.  This article articulates three ways in which good faith can play a meaningful role in the trade and transfer of antiquities by examining fraud, limitations periods, and public pressure generally. A strong case for reform can be made if we consider that a family of art forgers living in modest public housing in Bolton, England can easily fool some of the World’s leading cultural institutions.

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

More on the Current Market in Tribal Artifacts

Susan Montoya Bryan for the AP has a long piece on the current state of the market in tribal artifacts. She notes that collectors and dealers at the Whitehawk Antique Show seemed more cautions about buying objects, fearful perhaps of incurring criminal liability.

The piece offers a lot of reaction by the dealers at the show, but very little input from archaeologists or others who may have a very different—some might even say accurate—view of the laws many of these dealers are criticizing.  There is also very little discussion of how any buyer knows these objects are legitimate, or even whether individuals should be purchasing some of these objects at all:

The dealers at the Santa Fe show, many of whom have been collecting and selling Indian artifacts for more than two decades, said they were concerned about their reputations because of a growing public perception that anyone involved in the trade could be involved with the criminal element that’s being targeted by federal agents.
“Are there people doing bad things? Yes. And I’m sure the court system will give them what they deserve,” said Walter Knox, a dealer who runs an upscale gallery in Scottsdale, Ariz. “But since this started, I’m still getting checked a lot, and it’s getting kind of silly.”
Every week, Knox said he has to run someone out of his gallery for trying to sell him stolen pots.
“I post my rules so people know I’m not going to deal with anything shady,” said Knox, a retired police officer.
Knox shrugged off the concerns, saying the caliber of dealers at the show is such that they have nothing to worry about.
While they don’t condone looting or the trafficking of illegal artifacts, many dealers said the federal government has been liberal in its interpretation of archaeological resource protection laws and heavy-handed in its effort to crack down.
Mac Grimmer, a Santa Fe dealer who has helped assemble many antique Indian art collections, said there have been crackdowns in the past and the market eventually settles down. But this could be different, he said.
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More Repatriations to Italy Likely?

At the ARCA Conference in Amelia back in July, Francesco Rutelli gave a very interesting talk elaborating in some detail on the wave of repatriations from many museums to Italy; and of course this resulted in many North American museums and even a collector returned works of art to Italy. The Met, the MFA Boston, the Getty, the Cleveland Museum of Art, Princeton University, and Shelby White have all returned important antiquities to Italy.

Some have questioned whether these repatriations have been worth all the negative publicity, particularly if the nation of origin cares little for the returned objects. At the conference, I asked Rutelli about that, about how some have argued that Italians don’t seem all that interested in the return of the Euphronios Krater and how not many people are visiting it. He responded with what I thought was a pretty thoughtful answer. He stated that the piece is in “the correct place” and that in “scientific terms it is correct”. It is an Etruscan object, and the Villa Giulia is the Etruscan museum—arguing that if the piece had been properly and legally excavated from Cerveteri, this is where the piece would have been displayed. He did acknowledge though, that there may have been problems with “publicity and information”, a problem he traces to the current government, which he argued “should do more”, and these repatriated objects should all be displayed together as part of a meaningful message.

Rutelli finished his talk by providing a number of documents to ARCA Director Noah Charney, and I’ve had a chance to scan some of them (some of the same pictures also appear in a piece by Suzan Mazur for Scoop).

The image on the left is a picture of a terracotta relief from the Symes collection, the picture on the right is a photo seized from Giacomo Medici. The resemblance is striking, and they indicate, if Medici had a polaroid of the object over a decade ago; it was very likely looted.

There are more documents and photos embedded below, but first a little background. The impetus for the recent returns was the criminal investigation of Giacomo Medici, whose conviction was upheld in July. When Medici’s Swiss warehouse was searched, it produced a number of Polaroids of works of art which ultimately wound up in the United States and elsewhere. Italy has been engaged in a concerted effort to seek the return of many of these objects. Rutelli argued that these returns were not on “nationalistic terms” a rebuke to the criticism of Jim Cuno and others who have criticized the repatriations. Rutelli argued they were “fighting to recover some masterpieces” and that Italy did the same when other countries discovered other stolen works of art in Italy. He said the effort was motivated by the “context of archaeology”, adding that “when you enter a museum you should be sure that these objects are clean”.

One of the individuals Rutelli focused on during his presentation was Robin Symes. Symes is a former antiquities dealer who has served 7 months in prison in the U.K. for perjury. Roberto Conforti, former head of art recovery for the Carabinieri has been labeled “the core” of the illicit antiquities trade for a period, and “everyone’s boss”. He was “once the prince of the ancient art trade.” But those days have long since passed. There are a number of indications he had a very close relationship with Giacomo Medici, Robert Hecht, and even Marion True. As a consequence, any antiquities which have been handled by Symes may likely have been looted. Rutelli revealed in July that the Italian government had attempted to reach an agreement withe the U.K. authorities over the Robin Symes collection. They had included photographs and other evidence, and in total some 1,000 pieces were requested from the estate of the now-bankrupt Symes. However the Italians were not able to secure a return of the objects, which was a “failure in criminal court”. Rutelli noted that these objects have no likely purchaser, someone “could buy them, but they shouldn’t”. Despite this photographic evidence, it seems unlikely any scrupulous buyer would purchase these looted objects. Indeed it is troubling that the Italians continue to have such difficulty seeking the return of these objects. Such is the state of the antiquities trade.

Embedded below are some of the documents Rutelli provided at the conference on July 11th. The first three pages are in English, while the rest are in Italian. They reveal I think the tremendous difficulty Italy has had in seeking the return of these objects, even in the face of clear and convincing photographic evidence. How can these objects from the Symes collection not be returned?

Rutelli Looted Antiquities Documents Provided to ARCA

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