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).

Online Symposium on the Benin Bronzes Friday Apr. 9

I was forwarded a message that the Italian Academy for Advanced Studies and the Institute of African Studies, both at Columbia University, will hold an online live event on Friday called: The Benin Bronzes: Towards the Resolution of a Long-Standing Dispute?.

Here is the link for registration and the slate of presenters.

International Cultural Heritage Course in Malta this Summer

 

Ħaġar Qim is a megalithic temple complex dating to 3200 BCE

This summer I’m slated to teach a two-credit hour course on International Cultural Heritage Law in Valletta, Malta. Valletta will serve as Europe’s 2018 Capital of Culture. Malta is a wonderful setting—Baroque architecture, outstanding works by Caravaggio, and we hold classes in the World’s first planned Renaissance city, Valletta.

My course examines the intersection between law and heritage. We study disputes over ancient sites, works of art, and antiquities. A particular emphasis will also be the legal instruments which prohibit the intentional destruction and whole-scale looting of ancient culture. We will examine international conventions, domestic laws, and analyze the prominent cases which have arisen over cultural heritage disputes.

Students at ABA-approved U.S. law schools in good standing are eligible to apply. Information about the other courses, and information about applying can be found here:

Valletta, Malta

Human Rights and Cultural Heritage at DePaul

Mali MosqueOn November 1 and 2 DePaul’s Center for Art, Museum & Cultural Heritage Law will be holding a conference examining the intersection of heritage and human rights. Here’s the list of excellent speakers:

  • Intangible Cultural Heritage and Human Rights: Morag Kersel, Justin B. Richland, George Nicholas, Catherine Bell
  • Environmental Justice and Cultural Rights: Patty Gerstenblith, Rosemary Coombe, Dean Suagee, Dorothy Lippert
  • Featured Lecturer Karima E. Bennoune, Special Rapporteur in the field of Cultural Rights, United Nations
  • Featured Lecturer Shamila Batohi, Senior Legal Advisor to the Prosecutor, International Criminal Court
  • Sovereigns vs. Peoples: Who Has Rights to Cultural Heritage: Lubna S. El-Gendi, Sarah Dávila-Ruhaak, Rebecca Tsosie
  • Resolving Cultural Heritage Disputes Through Alternative Dispute Resolution: Giving Peace a Better Chance (Ethics Panel): Thomas R. Kline, Stacey Jessiman de Nanteuil, Alessandro Chechi, Lori Breslauer

The Alternative Dispute Resolution panel looks particularly interesting.

Continue reading “Human Rights and Cultural Heritage at DePaul”

European museums to hold Benin Bronze meeting

Benin Bronzes at the V&A Museum in London, via http://en.wikipedia.org/wiki/File:Benin_Bronzes.JPG

Ben Quinn’s piece in the Guardian sheds light on an interesting forthcoming conference which hopes to “establish a permanent display” of Benin material in Nigeria. The Benin bronzes are in many museums in the West, and viewing them gives me to very different reactions. On the one hand, they are terrific to look at, with wonderful detail. But on the other, many of these objects were seized by the British Empire during an 1897 Punitive Campaign. That campaign was as bad as it sounds. To give a brief overview, a British official and his advisors were sent to uncover whether there was ritual human sacrifice taking place in the Kingdom of Benin. When the official and his advisors were killed by the King of Benin, the British responded by destroying the city, and looting as many as 900 of the Benin bronzes to compensate for the costs of the exhibition. Many of these objects were purchased by museums.

Nigeria has requested the return of much of this material, but the museums and collectors who currently possess them have often refused to enter into a dialogue. These negotiations for the return of material can be difficult and contentious, but they do not have to be. Here is hoping the meeting, which will take place in the Netherlands’ National Museum of Ethnology in Leiden will lead to a productive dialogue in the same way that Yale’s return of material to Peru or the Native American Graves Protection and Repatriation Act operates.

Quinn’s story highlights the ethical case driving the dialogue, but also some of the challenges:

“I think that among this generation of curators there is an eagerness to find ways towards reconciliation,” said Dr Michael Barrett, senior curator at Stockholm’s Världskulturmuseet. “We are one of the smaller participants in this and it is very early but we are eager to continue with discussions.”

Among the issues still to be resolved are insurance costs and security arrangements. European curators and their west African counterparts are also keen to establish a legal framework that would guarantee the artefacts immunity from seizure in Nigeria.

John Picton, a professor at Soas University of London (formerly the School of Oriental and African Studies) and a former curator of the National Museum in Lagos, said: “The moral case is indisputable. Those antiquities were lifted from Benin City and you can argue that they ought to go back. On the other hand, the rival story is that it is part of world art history and you do not want to take away African antiquity from somewhere like the museums in Paris or London, because that leaves Africa without its proper record of antiquity.”

Ben Quinn, Western Museums Try to Forge Deal with West Africa to Return the Benin Bronzes, The Guardian, Aug. 0, 2017, http://www.theguardian.com/world/2017/aug/12/cambridge-benin-bronzes-loan-deal [https://perma.cc/8YTH-FC4G].
Folarin Shyllon, One Hundred Years of Looting of Nigerian Art Treasures 1897-1966, 3 Art antiquity and law 253 (1998).

The Cultural Heritage Moot Court Competition Registration

Alexander Calder's 'Flamingo' in front of the Dirkson Federal building
Alexander Calder’s ‘Flamingo’ in front of the Dirkson Federal building

I’ve received notice that the terrific Cultural Heritage Moot Court competition is gearing up again. Here are the details from DePaul and the LCCHP:

DePaul University College of Law and the Lawyers’ Committee for Cultural Heritage Preservation are pleased to announce that registration for the Eighth Annual Cultural Heritage Law Moot Court Competition is open! The Oral Arguments for the 2017 Competition will be held on February 24th and 25th, 2017 at the Everett M. Dirksen United States Courthouse, home of the United States Court of Appeals for the Seventh Circuit, in Chicago, Illinois.

The 2017 Competition will focus on the Bald and Golden Eagle Protection Act (BGEPA), which prohibits the taking of bald and golden eagles and eagle parts, including feathers. The competition problem will address a challenge to BGEPA brought by a Native American tribe member, including a challenge under the Religious Freedom Restoration Act.

The competition is open to 26 two- and three-member student teams from ABA-accredited or provisionally accredited law schools. Schools may register up to two teams at a rate of $450.00 per team. The registration deadline is November 17, 2016. The problem will be released on November 18, 2016. Visit the competition website at go.depaul.edu/chmoot for additional details or to register a team. Contact the Competition Board at chmoot@gmail.com with any questions.

Attorneys interested in serving as judges or brief graders should contact chmootjudges@gmail.com. CLE credit is available for attorneys who participate as judges.

“loot” at Texas A&M Law on September 9

LOOT-web-banner2-crop

Next Friday Texas A&M Law school is sponsoring a symposium on looted art, cultural property and repatriation. They’ve announced an impressive lineup of speakers:

  • Don Burris, Senior Founding Partner, Burris & Schoenberg, LLP
  • Megan Carpenter, Co-Director, Texas A&M Center for Law and Intellectual Law (CLIP)
  • Monica Dugot, Senior Vice President, International Director of Restitution, Christie’s
  • Simon Frankel, Chair of Intellectual Property, Partner, Covington & Burling LLP
  • Deborah Gerhardt, Associate Professor of Law, University of North Carolina
  • Jennifer Kreder, Professor of Law, Northern Kentucky University
  • Marilyn Phelan, Paul Whitfield Horn Professor of Law Emeritus and former Professor of Museum Science, Texas Tech University
  • Lucille Roussin, Board of Directors, The Lawyers’ Committee for Cultural Heritage Preservation, and Director, Holocaust Restitution Claims Externship at Benjamin N. Cardozo School of Law

For the details, visit the event page here.

A couple of Heritage Law events on the East Coast

It is getting harder and harder to keep up with all of the cultural heritage law events and conferences which are happening. One of the best resources is the opportunities list put together every week by Donna Yates on her excellent blog. In the next few days, there are two excellent heritage law events, first in New York, and another in Washington D.C.

First off is the Lawyers Committee for Cultural Heritage Preservation Annual Conference on Friday March 25. It includes panels on the Parthenon Sculptures, Restitution, Conflict-Related looting, and digital heritage. The full schedule and speakers are available here.

And then next week on Tuesday and Wednesday a conference titled “Intersections in International Cultural Heritage Law” at Georgetown University Law Center offers six panels on topics including human rights and cultural heritage, International criminal law and Heritage, the World Court and the Temple of Preah Vihear, and the ongoing situation in Syria and Iraq.

The full schedule for that event is here.

I was able to arrange my schedule and will be at both events. I’ll try to tweet the noteworthy comments and happenings, so you can follow along, but more importantly, if you are there, I’d be very happy to grab a beer or a coffee.

 

Best of luck to teams competing at the Cultural Heritage Moot Court Competition

Alexander Calder's 'Flamingo'
Alexander Calder’s ‘Flamingo’

Best of luck to the teams competing this weekend at the national cultural heritage moot court competition in Chicago. The competition is run by DePaul’s moot court society and the Lawyer’s Committee for Cultural Heritage Competition.

Given that 2016 marks the 200th anniversary of Parliament’s decision to purchase the sculptures from Lord Elgin, it is apt that this years problems deals with two issues over whether a U.S. Court would have jurisdiction and should hear a suit between the British Museum and the Acropolis Museum.

Co-sponsored by the Lawyers’ Committee for Cultural Heritage Preservation, the National Cultural Heritage Law ​Moot Court Competition is the only moot court competition in the world that focuses exclusively on cultural heritage law issues. The Competition provides students with the opportunity to advocate in the nuanced landscape of cultural heritage, which addresses our past and our identity, and which has frequently become the subject of contentious legal debates and policies. This dynamic and growing legal field deals with the issues that arise as our society comes to appreciate the important symbolic, historical and emotional role that cultural heritage plays in our lives. It encompasses several disparate areas: protection of archaeological sites; preservation of historic structures and the built environment; preservation of and respect for both tangible and intangible indigenous cultural heritage; the international market in art works and antiquities; and recovery of stolen art works.

International Cultural Heritage Law Course, Malta

valletta-Malta

This summer I’m slated to teach a two hour credit course on International Cultural Heritage Law in Malta through South Texas’ Malta program, alongside courses in Comparative Tax; and Democracy, Politics and Courts.

More information is available here.

Here’s my course description:

The course will examine the intersection between law and material cultural heritage. It will show how domestic and international law works to resolve disputes over ancient sites, works of art, and antiquities. A particular emphasis will also be the legal instruments which prohibit the intentional destruction and wholescale looting of ancient culture. We will examine international conventions, domestic laws, and analyze the prominent cases which have arisen over cultural heritage disputes.

If you are a law student interested in summer study opportunities, I hope you’ll consider it.

 

Malta