Cemeteries, Crown Jewels, Fakes, and War

Recent cultural heritage events remind me that protection is often weakest before anyone thinks to call it protection. A cemetery becomes “vacant” land. A museum becomes a little too open. A forged provenance becomes plausible enough. A customs rule turns movement into uncertainty. A damaged monument returns to Italy. The dramatic theft still has its place. Crown jewels stolen from the Louvre will always draw attention. But the quieter stories may tell us more about how heritage is actually lost: slowly, administratively, through development pressure, through market incentives that reward thin provenance and quick sales, and sometimes violently, in the gap between what the law promises and what institutions are prepared to do.

Heritage can also disappear through neglect, development, poor records, wishful thinking, legal uncertainty, military force, or a stamp on the back of a painting that looks just plausible enough.

In Northeast Houston, residents are raising concerns that development may threaten an abandoned Black cemetery. The legally recognized cemetery parcel is small, but longtime resident Roscoe Bluitt remembers headstones extending more widely into the wooded land nearby. A 2014 survey reportedly identified possible graves at least partly outside the known cemetery boundaries, and Houston officials have placed a stop-work order on the site while the next steps are considered. Advocates are now calling for a more thorough investigation, potentially including ground-penetrating radar.

Roscoe Bluitt, a lifelong resident of northeast Houston, describes his memories of a now abandoned Black cemetery where developers are clearing a nearby property. Jason Fochtman/Houston Chronicle

The story is painfully familiar. Burial grounds, especially Black cemeteries, are often “forgotten” only after systems of ownership, recordkeeping, maintenance, and development have made them easy to ignore. By the time a neighbor notices bulldozers, the law is already playing catch-up. The question is not simply whether a parcel is listed as a cemetery. It is whether the community, the city, the developer, and the state are willing to ask what may have been missed.

A very different kind of vulnerability is on display in the continuing discussion of museum security after the Louvre crown jewels theft. The New York Times recently used that heist to examine a broader design problem for museums: how to protect collections without turning institutions into fortresses. The article notes not only the Louvre robbery, but also thefts from an off-site storage facility of the Oakland Museum of California, damage at Chihuly Garden and Glass in Seattle, and the recent theft of works by Renoir, Cézanne, and Matisse from the Magnani-Rocca Foundation near Parma.

The challenge is that the museum ideal of openness sits uneasily with the needs of security. Glass, light, gardens, open galleries, and accessible storage can all help museums feel less forbidding. They can also create blind spots, entry points, or tempting routes of escape. The best security seems to be less about a single dramatic barrier and more about layers: thoughtful site design, sightlines, lighting, staffing, cameras, object-level alarms, and best of all the good old-fashioned human response. A camera, as one consultant put it, cannot get out of its chair.

Then there are the fakes. A father and daughter have pleaded guilty in connection with a multimillion-dollar forgery scheme involving works presented as Banksy, Andy Warhol, Andrew Wyeth, Richard Mayhew, Raimonds Staprans, Fritz Scholder, and others. Prosecutors described a scheme using forged works made in Poland, antique paper, and fabricated gallery stamps from defunct galleries to make the objects appear more credible. Forgery stories are often treated as colorful art-world scandals, and they are that. But they also show how fragile the market’s trust mechanisms can be in a market that continues to value privacy and discretion. Provenance is not just a nice story attached to an object.

This photo provided by Tulane University classical archeologist Susann Lusnia in October 2025 shows the 1,900-year-old grave marker of a Roman sailor named Sextus Congenius Verus, discovered in a New Orleans backyard.
This photo provided by Tulane University classical archeologist Susann Lusnia in October 2025 shows the 1,900-year-old grave marker of a Roman sailor named Sextus Congenius Verus, discovered in a New Orleans backyard. (Susann Lusnia via AP)

There was also a quieter and more hopeful story this week. A nearly 2,000-year-old Roman grave marker discovered in a New Orleans backyard has been returned to Italy. The marble epitaph, dedicated to Sextus Congenius Verus, was eventually matched to an object missing from a museum in Civitavecchia, near Rome. The likely path to New Orleans seems to have involved a U.S. soldier who served in Italy and later kept the stone at his home. The FBI coordinated the return, and the object is now headed back.

The movement of objects is also being shaped by a less romantic force: tariffs. The Art Newspaper reports that after the U.S. Supreme Court struck down President Trump’s unilateral tariffs as unconstitutional, the administration imposed a new tariff regime of up to 15 percent under a different emergency powers law, prompting further litigation and continued uncertainty for the art and antiques trade. Dealers described confusion over whether exemptions for antiques over 100 years old will remain secure, and whether shipping, tariffs, and fuel surcharges will make some transactions commercially impossible. Tariffs may seem far removed from grave markers, forged art, or museum alarms. But they matter because cultural objects move through ordinary commercial channels. Dealers, collectors, museums, conservators, shippers, and customs brokers all operate inside systems of cost and uncertainty. When the rules shift suddenly, especially around imports, the market adjusts. One suspects, uncertainty makes the already opaque parts of the trade even harder to see.

Finally, a much darker reminder that cultural heritage protection cannot be separated from the conduct of war. More than 200 scholars and cultural professionals (including me) signed a statement criticizing damage to Iranian cultural heritage during U.S.-Israeli strikes and the international response to that damage. The statement invokes the 1954 Hague Convention and argues that more than 130 registered UNESCO and national monuments and museums have reportedly been damaged since the start of the conflict. It also criticizes international institutions for what the signatories view as an inadequate response when powerful states are involved.

The Art Newspaper’s coverage notes reported damage to sites including Golestan Palace in Tehran, the Chehel Sotoun building of the Persian Garden in Isfahan, the Jame Mosque of Isfahan, and sites near the Prehistoric Sites of the Khorramabad Valley. UNESCO has acknowledged damage and expressed concern, while the statement’s organizers argue that concern is not enough when legal protections lack enforcement.

This is the hard edge of cultural heritage law. The 1954 Hague Convention rests on the premise that damage to cultural property belonging to any people is a loss to all humanity. But that principle is only as strong as the willingness of states and institutions to apply it consistently. The problem is not that we lack legal language. What is often missing is consequence.

Taken together, these stories point to the same larger lesson. Cultural heritage protection is not a single switch that the law turns on after something has gone wrong. The law matters. But the law often arrives late. The harder work is to build protection into ordinary practice, before the bulldozer, before the ancient stone becomes patio décor, and before a historic site is reduced to a damage assessment. Heritage is most vulnerable where attention is weakest.

Sam González Kelly, Houston Residents Worry Development Threatens a Black Cemetery. They’re Fighting to Protect It., Houston Chronicle (May 1, 2026), https://www.houstonchronicle.com/news/houston-texas/article/black-cemetery-history-construction-22218009.php , archived at https://perma.cc/WJ6H-3J27.

Sam Lubell, After the Heists: Securing Museums Without Closing Them Off, The New York Times (Apr. 18, 2026), https://www.nytimes.com/2026/04/18/arts/design/museums-security.html.

Jake Offenhartz, Father and Daughter Admit to $2M Banksy and Warhol Art Forgery Scam, Independent, https://uk.news.yahoo.com/father-daughter-admit-2m-banksy-082920547.html, archived at https://perma.cc/HCQ6-5HZX (last visited May 2, 2026).

More than 200 Cultural Figures Sign Statement Criticising International Response to Destruction of Iran’s Heritage, The Art Newspaper – International art news and events, https://www.theartnewspaper.com/2026/04/15/more-than-200-cultural-figures-sign-statement-criticising-international-response-to-destruction-of-iran-heritage (last visited May 2, 2026).

Ancient Roman Gravestone Found in New Orleans Back Yard Returned to Italy, the Guardian, https://www.theguardian.com/science/2026/may/01/roman-gravestone-new-orleans-returned-italy, archived at https://perma.cc/75LC-7R43 (last visited May 2, 2026).

Art Trade Adjusting after US Supreme Court Struck down Trump’s Extreme Tariffs, The Art Newspaper – International art news and events, https://www.theartnewspaper.com/2026/05/01/trump-tariffs-struck-down-supreme-court-art-trade-adjusts (last visited May 2, 2026).

A Return to Illicit Cultural Property

It has been a while. I’ve been writing here at Illicit Cultural Property since 2006, which has somehow made this blog one of the longer-running habits of my professional life. The site has been quiet for the last few years while I took on a big administrative role at my law school. That work was rewarding in its own way, but I’m very happy to be stepping back from it and returning to this corner of the internet.

So this is a bit of a welcome back, and a bit of a statement of purpose. For now, I’m going to aim for weekly posts: short roundups of developments in cultural heritage, art crime, restitution, museums, the antiquities trade, along with the occasional oddity.

There is, unfortunately, no shortage of material.

A recent Guardian piece on the side hustles of artists felt like a fitting way back into things after my own administrative detour. I’ve spent the last few years buried in meetings, spreadsheets, and the assorted dignities of academic administration, so it was a pleasure to be reminded of some people’s extracurricular labors, some legal, some not. French writer Jean Genet, for example, allegedly stole books from family, from friends, and eventually became remarkably skilled at it, reportedly even devising a special briefcase for taking valuable books and reselling them after he had read them.

Cultural sites in Iran have sustained damage during recent American and Israeli strikes. The Art Newspaper reported damage to Tehran’s Golestan Palace. Located near Arg Square in Tehran’s historic district, the 400-year-old palace reportedly suffered shattered windows, debris strewn across the complex, and damage to its distinctive mirror work. UNESCO joined other United Nations bodies and senior officials, including Secretary-General António Guterres, in condemning the strikes which also have allegedly struck a girls school. These episodes tend to expose just how fragile legal and institutional protections for heritage become once armed conflict accelerates.

Debris at the historical monument Golestan Palace after it was damaged in an Israeli and U.S. strike, amid the U.S.-Israeli conflict with Iran, in Tehran, Iran, March 3, 2026. Majid Asgaripour/WANA (West Asia News Agency) via REUTERS.

The damage in Ukraine also continues to mount. UNESCO’s running tally now reports 523 cultural sites verified as damaged as of 11 March 2026, including religious sites, museums, monuments, libraries, archaeological sites, and an archive. The scale of that number is numbing.

On the art-crime front, The Art Newspaper reports that Yves Bouvier will stand trial in Paris over the alleged disappearance of dozens of Picasso works belonging to Catherine Hutin, Picasso’s stepdaughter. The case has been grinding along for years.

The empty frame which once held “Storm on the Sea of Galilee” at the Isabella Stewart Gardener Museum

March also brings the annual return of the Isabella Stewart Gardner Museum theft to public attention. Tom Mashberg rounds up the current state of the likely theories and speculation. The theft remains one of the foundational myths of American art crime, and it has now been thirty-six years since those works were taken.

And in a fitting anniversary of another kind, a major Brazilian museum theft from 2006 remains unsolved just as the legal window for prosecution has expired. As The Art Newspaper notes in its report on the Museu da Chácara do Céu heist, works by Monet, Matisse, Dalí, and Picasso were stolen in Rio two decades ago and have still not been recovered. No one, it seems, will serve prison time for the theft.

By Claude Monet – Scanned from MCM catalogue (1996), Public Domain, https://commons.wikimedia.org/w/index.php?curid=3413164 This painting was stolen from the Museu Chácara do Céu, Rio de Janeiro, in 2006, together with three other works by Pablo Picasso (A dança, 1956), Salvador Dalí (Os dois balcões, 1929) and Henri Matisse (Jardim de Luxemburgo, 1903). The paintings haven’t been recovered yet.

The International Journal of Cultural Property has now published Volume 32, Issue 4, and the issue includes a number of open-access pieces worth a look. These include an article on underwater cultural heritage in the World Heritage framework by Arturo Rey da Silva, Elena Perez-Alvaro, Martijn Manders, Mariano J. Aznar, and Christopher Underwood; an essay by Alberto Frigerio asking whether cultural heritage might be understood through the language of legal personhood; and an article by Errol Francis, Chloe Asker, and Victoria Tischler on ethical disagreement over ancestral human remains in museums. The issue also includes reviews of recent books by Maud Webster, Patty Gerstenblith, and Shea Elizabeth Esterling.

I also want to keep an eye on current fights over the built environment and public symbolism. PBS NewsHour recently ran a piece on efforts to slow the Trump administration’s sweeping redesign ambitions for federal buildings in Washington, including interventions touching places like the Kennedy Center and even the White House itself.

And one final note: assuming I can navigate the TSA shutdown, survive the reportedly epic airport lines, and actually make it to Newark, I’ll be speaking this Friday, March 27, at the Rutgers International Law and Human Rights Journal symposium, Law, Heritage, and Identity: International Legal Frameworks for Cultural Preservation. I’ll be joining Anne-Marie Carstens and James K. Reap on a panel on “Trafficking, Destruction, and Institutional Protection of Cultural Property,” and the day also features a keynote by Matthew Bogdanos and panels on intangible cultural heritage and ocean heritage. The event is free and available by Zoom if you are not in the area.

In any event, I’m glad to be back. Thanks for still being here.

***

Mason Currey, Shoplifting, Sex Shows and Sheepdog-Breeding: Great Artists and the Side-Hustles They Did to Get By, the Guardian, https://www.theguardian.com/culture/2026/mar/24/artists-side-hustles-john-cage-jean-genet-kathy-acker-shoplifting-sex-shows-sheepdog-breeding, archived at https://perma.cc/N43N-42C9 (last visited Mar. 25, 2026).

Farnaz Fassihi, Strikes on Iran Damage Cultural Heritage Sites, Infuriating Iranians, The New York Times (Mar. 11, 2026), https://www.nytimes.com/2026/03/11/world/middleeast/iran-heritage-sites-damaged.html.

Tom Mashberg, Got an Idea About Who Robbed the Gardner Museum? Get in Line., The New York Times (Mar. 18, 2026), https://www.nytimes.com/2026/03/18/arts/design/gardner-museum-heist-theories.html.

Deadly Bombing of Iran Primary School ‘a Grave Violation of Humanitarian Law’: UNESCO | UN News, United Nations, https://news.un.org/en/story/2026/03/1167063, archived at https://perma.cc/B26H-3NXX (last visited Mar. 25, 2026).

Tehran’s Unesco-Listed Golestan Palace Reportedly Damaged by US-Israeli Strikes, The Art Newspaper – International art news and events, https://www.theartnewspaper.com/2026/03/03/us-israeli-strikes-damage-unesco-listed-golestan-palace-tehran?fbclid=IwY2xjawQT5NNleHRuA2FlbQIxMQBzcnRjBmFwcF9pZBAyMjIwMzkxNzg4MjAwODkyAAEeY5canXmpJAol6Tp2X-yRcTAW1NVzIp94iyOreGnfibYNbuxcsuYHrrj0XtA_aem_PLVrty3ueJmU8pgEMoNIGw&ref=pasts-imperfect.ghost.io, archived at https://perma.cc/3K5C-DQYC (last visited Mar. 24, 2026).

Major Brazilian Art Heist Still Unsolved as Statute of Limitations Expires, The Art Newspaper – International art news and events, https://www.theartnewspaper.com/2026/03/05/museum-heist-2006-museu-chacara-ceu-rio-statute-limitations, archived at https://perma.cc/AVV8-XB62 (last visited Mar. 24, 2026).

Dealer Yves Bouvier to Stand Trial in Paris over Missing Picassos, The Art Newspaper – International art news and events, https://www.theartnewspaper.com/2026/03/13/yves-bouvier-to-stand-trial-in-paris, archived at https://perma.cc/97MH-2EWD (last visited Mar. 24, 2026).

Damaged Cultural Sites in Ukraine Verified by UNESCO | UNESCO, https://www.unesco.org/en/ukraine-war/damaged-cultural-sites?hub=180699&ref=pasts-imperfect.ghost.io, archived at https://perma.cc/UL6L-QWP5 (last visited Mar. 24, 2026).

US-Israeli Strikes Damage Iran’s Cultural Heritage Sites, dw.com, https://www.dw.com/en/us-israeli-strikes-damage-irans-cultural-heritage-sites/a-76350565, archived at https://perma.cc/3U4F-PMBE (last visited Mar. 24, 2026).

A dark threat to commit crimes against Iranian culture

Letter, Gen. Dwight D. Eisenhower, Commander-in-Chief, AFH to All Commanders, Subject: Historic Monuments, December 29, 1943 (via).

The treatment of cultural heritage during armed conflict has received an unwelcome wave of attention after President Trump made the decision to threaten Iranian cultural sites with an attack over the weekend. In a series of tweets on Saturday, Trump stated that “if Iran strikes any Americans, or American assets,” that the United States has targeted 52 Iranian sites. This troubling threat would violate the Pentagon’s own War Manual, and the 1954 Hague Convention on Cultural Property in the Event of Armed Conflict. Article 4 of the 1954 Convention requires Parties to respect cultural property by refraining from using such property or its surroundings for any purpose which may lead to its damage or destruction.

This is the kind of shortsighted and callous thinking I never thought I’d see displayed by an American President. But sadly President Trump has joined many of the absolute worst leaders in history in choosing to threaten the culture of another people. The threat marks a sharp reversal of decades of work done by the State Department and others in American public life to protect and preserve the cultural heritage of all nations. What a disgrace.

It might be useful to compare the current President’s callous indifference to culture with that of General Dwight D. Eisenhower. In 1943, during the Second World War, General Eisenhower issued an order to his commanders to protect monuments and culture on the eve of the allied invasion of Italy:

Today we are fighting in a country which has contributed a great deal to our cultural inheritance, a country rich in monuments which by their creation helped and now in their old age illustrate the growth of the civilization which is ours. We are bound to respect those monuments so far as war allows.


If we have to choose between destroying a famous building and sacrificing our own men, then our men’s lives count infinitely more and the building must go. But the choice is not always so clear-cut as that. In many cases the monuments can be spared without any detriment to operational needs. Nothing can stand against the argument of military necessity. That is an accepted principle. But the phrase ‘military necessity’ is sometimes used where it would be more truthful to speak of military convenience or even of personal convenience. I do not want it to cloak slackness or indifference.

Note that there was no hint of military necessity in Trump’s words.

A wave of sharp condemnation has followed the President’s threats, more than I can catalog here. The Archaeological Institute of America called “upon President Trump and the U.S. Department of Defense to protect civilians and cultural heritage in Iran, and to reaffirm that U.S. military forces will comply only with lawful military orders.”

Brian Daniels and Patty Gerstenblith in a letter to the New York Times argued:

The world community, including the United States, has rightly condemned the intentional destruction of cultural heritage for decades. Hitler’s Germany, Pol Pot’s Khmer Rouge, the Taliban in Afghanistan, the Islamic State and the Assad regime in Syria intentionally destroyed cultural heritage in the absence of any military necessity. If Mr. Trump carries out this threat, the United States will join the ranks of these destroyers of the world’s cultural legacy.

Brett McGurk, the former U.S. special envoy for fighting ISIS tweeted that “American military forces adhere to international law. They don’t attack cultural sites.”

In an OpEd in the LA Times Prof. Sara Bronin argued “A nation that willfully destroys another country’s heritage would be no better than the criminals who have destroyed irreplaceable sites in Syria, Afghanistan, Iraq and elsewhere in recent years.”

Writing for the Guardian, Simon Jones argued that the “threat to destroy the sites of ancient Persia should send a shiver down the spine of any civilised person.”

Writing in the Art Newspaper, Francesco Bandarin, a former senior official at UNESCO rightly pointed out that “[t]he territory of modern Iran has been home to some of the greatest civilisations of mankind from prehistory to classical antiquity down to modern times. Iran today has 24 sites on the Unesco World Heritage List. A deliberate attack would presumably target historic cities and monuments or archaeological areas.”

On Sunday, John Bellinger III, a legal advisor for the State Department under President George W. Bush from 2005 to 2009 called on Defense Secretary Mark Esper and the Chairman of the Joint Chiefs of Staff Mark Millet to publicly affirm that the United States will still comply with the 1954 Hague Convention. He also argued that the White House should learn the domestic and international law rules that govern the use of military force.

One of those reasons that ignorance is so costly of course is that when a culture is targeted, that makes any mission or conflict existential, and makes an ultimate victory more difficult and costly to achieve. Any thinking leader would appreciate this simple fact.

Continue reading “A dark threat to commit crimes against Iranian culture”

Air strike damages Iron Age temple of Ain Dara

Ain Dara, with a view of the entrance to the temple showing the footsteps carved in the floor, which were meant to show the path of the divine entering the temple. Via Wikimedia.

Bombs have destroyed much of the Iron Age temple of Ain Dara in Northern Syria. Reporting indicates the temple was the target of an air strike conducted by Turkey. The temple dated to the 9th century BCE, and was perhaps of a similar design to Solomon’s Temple in Jerusalem. The Hittite temple had survived for 3,000 years, and it has been reported that the temple was deliberately targeted.

Here is a similar view of the temple after the airstrike:

An image of the complex after the alleged Turkish air strikes provided by the Syrian Directorate-General of Antiquities and Museums

The damage seems extensive. Martin Bailey reported for the Art Newspaper that:

Turkey’s air force bombed Ain Dara as part of its military offensive against the Syrian militia YPG (People’s Protection Units), a mainly Kurdish faction which is fighting for autonomy from the Damascus regime of president Bashar al-Assad. The Ankara government is concerned that Syrian Kurds are supporting Kurdish separatists and terrorists in Turkey.

A large basalt lion, discovered in 1955 via wikimedia.

 

There are claims that the temple was deliberately targeted, an action that would certainly contravene the 1954 Hague Convention on the Protection of Cultural Property during armed conflict. It may even be classified as an action of intentional destruction. The temple has been photographed and documented, so at least some of this damage may be alleviated with modern reconstructions.

Here is some first-hand video from AFP:

International law was unable to prevent this destruction, the open question is whether it will provide a remedy. And if there is a remedy, who will seek it? Syria? A Kurdish state?

 

Operation Pandora nets 75 arrests in Europe

This Byzantine depiction of Saint George was one of the artworks recovered.

Earlier this week police in Europe announced the fruits of operation Pandora, an investigation into an international art trafficking network. In total, 75 people were arrested and 3,500 objects and artworks were seized. The investigation centered in Spain and Cyprus. The network allegedly moved works of art from conflict areas, and dealt in objects stolen from museums. The Europol press release boasted that over 48,000 individuals were investigated, almost 30,000 vehicles were investigated (along with 50 ships).

According to the release the aim of the investigation was to:

[d]ismantle criminal networks involved in cultural theft and exploitation, and identify potential links to other criminal activities. Moreover, there was a special focus on cultural spoliation, both underwater and on land, and the illicit trafficking of cultural goods, with a particular emphasis on conflict countries.

The operation was supported by UNESCO, INTERPOL, the World Customs Organization, Europol, and law enforcement officials from 18 countries. This was an extensive operation, which took a great deal of cooperation and resources. The investigators and policy makers who made this investigation successful should be commended. And yet, is this kind of large scale investigation sustainable? Will art thieves and traffickers be chastened and refrain from art crimes? Will the arrests actually produce successful prosecutions unlike so many of American investigations?

  1. Raphael Minder, 75 Arrested in European Crackdown on Art Trafficking, The New York Times, January 22, 2017, https://www.nytimes.com/2017/01/22/world/europe/75-arrested-in-european-crackdown-on-art-trafficking.html (last visited Jan 25, 2017).
  2. 3561 artefacts seized in Operation Pandora, Europol, https://www.europol.europa.eu/newsroom/news/3561-artefacts-seized-in-operation-pandora (last visited Jan 25, 2017).
  3. “Operation Pandora”: police in Spain and Cyprus lead major bust of antiquities traffickers, , http://theartnewspaper.com/news/operation-pandora-police-in-spain-and-cyprus-lead-major-bust-of-antiquities-traffickers/ (last visited Jan 25, 2017).

Stone on UK ratification of the 1954 Hague Convention

 

Peter Stone argues in the Art Newspaper that the UK ratification of the 1954 Hague Convention really is a big deal:

Is this really a big deal? Actually, yes it is, on all sorts of levels. Those of us in the heritage community are often told to stop complaining and to understand that in war things get damaged and destroyed. True, but from Sun Tzu in sixth-century BC China to Dwight Eisenhower in the 20th century, generals and military strategists have argued that the destruction of cultural heritage is bad military practice (not least because it frequently provides the first excuse for the next conflict).

There are at least seven different risks to heritage during conflict: lack of planning; spoils of war; collateral damage; military lack of awareness; looting; enforced neglect and specific targeting. All of them can be addressed to a greater or lesser extent, thereby reducing overall the impact. Protecting cultural heritage is not only important to specialised academic interests, heritage represents communal memory, and access to it has recently been argued to be a human right by the UN’s special rapporteur for cultural rights. It contributes to well-being and can foster post-conflict economic stability by encouraging tourism.

Finally, it is increasingly recognised as a military “force-multiplier”—protecting the heritage of your enemy may not win you many friends but it should ensure you do not make more enemies: a lesson hard-learnt from numerous recent cases where cultural heritage was ignored and not protected by occupying forces leading to unnecessary problems and casualties.

  1. Peter Stone, Why ratifying the Hague Convention matters, The Art Newspaper (2016.11.29).

Responses to criticism of heritage destruction trial at ICC

A traditional mud structure stands in the Malian city of Timbuktu May 15, 2012. Picture taken May 15, 2012. REUTERS/Adama Diarra
A traditional mud structure stands in the Malian city of Timbuktu May 15, 2012. Picture taken May 15, 2012. REUTERS/Adama Diarra

Apollo Magazine offers two brief but insightful Op-Eds on the recent heritage destruction trial at the ICC. Brian Daniels notes some of the controversy and responses to the guilty plea of Ahmad Al Faqi Al Mahdi of intentionally destroying cultural heritage in Timbuktu in 2012. He notes the difference between crimes against people and crimes against art, but then rightly points out that the perpetrators of these acts see them differently:

Those who intend to do civilians harm have two goals: to eliminate that population and to remove any material evidence of that people’s existence. Mass killing and cultural destruction are simply two different stages in the same violent process of ethnic cleansing and genocide. If we consider the intent of violence against civilians, then the division collapses between crimes against human life and crimes against culture. Present-day oppressors and terrorists do not see this distinction in their actions. Neither should we.

Helen Walasek links the criticism of the Al Mahdi trial to similar criticism which took place during the Bosnian conflict:

Human-rights organisations commenting on the Al Mahdi case have all agreed that the intentional destruction of cultural property during armed conflict is a war crime. While some wished the indictment had been widened to include other war crimes, others gave unqualified support. The conviction of Ahmad Al Faqi Al Mahdi, said Human Rights Watch, sent ‘a clear message that attacking the world’s historical treasures will be punished’. Mark Ellis, chief executive of the International Bar Association and a war crimes expert, observed: ‘Destruction of cultural heritage is not a second-rate crime. It’s part of an atrocity to erase a people.’

  1. Is the destruction of cultural property a war crime?, Apollo Magazine (Nov. 28, 2016).

Eakin on the destruction at Palmyra

Louis Vignes, Temple of Baalshamin, Palmyra, Syria (1864)
Louis Vignes, Temple of Baalshamin, Palmyra, Syria (1864)

In an essay in the most recent issue of the New York Review of Books, Hugh Eakin criticizes the actions of UNESCO, the United States, and Russia in the wake of the retaking of Palmyra from the Islamic State.

For all the pageantry, the retaking of Palmyra has served as a powerful reminder of how detached from reality the international campaign to save Syria’s endangered cultural heritage has been. Chastened by the damage wrought in recent wars in Bosnia, Afghanistan, Iraq, and Mali, Western leaders, cultural officials, UNESCO, and even the UN Security Council have for several years now devoted unprecedented attention to the threats to sites in Syria by ISIS and other extremist groups. Millions of dollars have been spent to document, with the best satellite technology available and other resources, the current condition of archaeological monuments in the areas of conflict; legal scholars have called for war crimes prosecutions against those who intentionally damage historic sites and monuments; while top officials, including Secretary of State John Kerry and French President François Hollande, have long warned of the cost of Western inaction. Above all, a continuous series of initiatives have been aimed at cracking down on the international trade in looted Syrian antiquities, often described as a major revenue source for ISIS.

He argues instead that the best progress will likely come as a result of action done by local populations: Continue reading “Eakin on the destruction at Palmyra”

House Task Force discussing Terrorism Financing and Antiquities

This morning a Congressional Task Force to Investigate Terrorism Financing is discussing terrorism and the antiquities trade:

Witnesses include:

Here is the Memo prepared by the Congressional Research Service prepared for the House Committee on Financial Services:

 

041916 Tf Supplemental Hearing Memo