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).

Security, Spectacle, and Return

It has been an oddly revealing week for cultural heritage.

On one end, Dutch officials unveiled the recovered Coțofenești helmet and two gold bracelets at a press conference in Assen, flanked by heavily armed officers in balaclavas. The helmet, stolen from the Drents Museum in January 2025 while on loan from Romania, was recovered with minor damage; though one bracelet remains missing. The recovery appears to have come as part of an agreement with suspects ahead of trial.

A Geto-Dacian helmet dating from the first half of the 4th century BC, uncovered by chance. View from the front.
By © Radu Oltean / Wikimedia Commons, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=14615152

On the other end, just days earlier, thieves entered the Magnani-Rocca Foundation near Parma and, in about three minutes, made off with works by Renoir, Cézanne, and Matisse. Reports describe a fast, organized raid by four men who forced entry and targeted highly recognizable names.

And then, in Zurich, Switzerland quietly transferred ownership of 28 Benin Bronzes from three museums, with 18 expected to travel physically to Nigeria in June. That return followed provenance research and was framed, quite rightly, as another step toward reuniting Nigeria with material taken in the 1897 British plunder of Benin.

Three stories, one week, and each says something slightly different about how the cultural heritage world performs security, legitimacy, and justice.

The Dutch press conference was the most visually obvious example. The object had been recovered. Great! That part matters most. But the staging mattered too. Armed guards. Masks. Cloth lift. The careful unveiling of a rescued national treasure. It was a display of regained control. One could almost hear the subtext: yes, it was stolen, but look how seriously we take it now.

That is what struck Donna Yates so clearly in her reaction to the event: the oddity of the whole performance. The recovery of a cultural object becomes not just an announcement, but a kind of theatrical rebuttal to the earlier embarrassment. The state is not merely returning the object; it is staging authority. And perhaps staging reassurance too.

The Italian theft, by contrast, stripped away the theatre. There is no ceremonial dignity in a three-minute smash-and-grab. Only a broken entry point, a short timeline, and the uncomfortable reminder that museums remain vulnerable to ordinary criminals with planning, nerve, and a few minutes to spare. Anthony Amore’s point is useful here: three minutes is not some cinematic anomaly. It sits squarely within the normal range for many museum thefts. That should worry people more than the headline itself.

The most important lesson from Parma may be the least glamorous one. Famous art is easier to steal than to monetize as Anja Shortland details. Freshly stolen museum objects are extraordinarily difficult to sell on the legitimate market because dealers, auction houses, and registries check title, provenance, and stolen-art databases. That does not mean theft makes no economic sense; it means the economic logic is usually murkier than the movies suggest. These works may be held, moved through criminal networks, used as bargaining chips, or dangled in hopes of some later leverage. The hard part is not the theft. The hard part is cashing out.

And that, in turn, makes the Dutch recovery more interesting. If a stolen object can later become useful in plea bargaining or sentence reduction, then it acquires a kind of underworld value quite apart from its cultural value. That is not a comforting thought. The helmet is priceless to Romania; it may also have become useful to suspects once prosecutors made clear that recovery would matter.

Then there is the Swiss Benin return, which points in a different direction entirely. No broken door, no emergency unveiling. Instead, a transfer of ownership after provenance work, a public ceremony, and a clear acknowledgment that access to cultural heritage means more than a paper change in title.

But even here, where the moral and historical case is much clearer, ceremony still does important work. Returns like this are also public performances—just of a more attractive kind. They signal fairness, accountability, and institutional maturity. They tell a story not about how we have secured this object, but about we are finally doing the right thing. Switzerland’s transfer of 28 objects, and the expectation that 18 will physically move to Nigeria in June, is meaningful precisely because it joins symbolism to substance.

Still, the Swiss story also comes with a caution. Returns create expectations. Nigeria’s National Commission for Museums and Monuments has had notable success in securing repatriations, but it now faces the harder question of display, stewardship, resources, and internal politics. Justice is not finished when the ceremony ends. Sometimes that is where the real work starts.

Taken together, these stories reveal a familiar pattern in cultural heritage disputes. We are very good at paying attention to dramatic moments: the theft, the raid, the recovery, the unveiling, the handover. We are less good at attending to the quieter work in between: preventive security, provenance research, institutional due diligence, funding, and conservation. Yet that unglamorous middle is where most of the work actually happens.

In Assen, security was performed after failure. In Parma, failure arrived in three minutes. In Zurich, legitimacy was sought through return. None of those performances are trivial. But none should distract from the underlying question either: are institutions actually getting better at protecting and returning cultural objects, or are they just getting better at staging the moment?

Anthony Amore, The Italian Job – A Profile, Big Security, https://anthonyamore.substack.com/p/the-italian-job-a-profile (last visited Apr. 3, 2026).

Eileen Kinsella, Experts Break Down the Brazen $10 Million Museum Theft in Italy, Artnet News, https://news.artnet.com/art-world/magnani-rocca-foundation-heist-experts-2761113, archived at https://perma.cc/9M2G-CZJY (last visited Apr. 3, 2026).

Senay Boztas, ‘A Wow Moment’: Ancient Romanian Gold Helmet Returned in Plea Deal with Theft Suspects, the Guardian, https://www.theguardian.com/artanddesign/2026/apr/02/stolen-romanian-gold-helmet-recovered-netherlands, archived at https://perma.cc/74V4-PWVR (last visited Apr. 3, 2026).

Claire Moses, Ancient Artifacts Stolen in Dutch Museum Heist Are Recovered, The New York Times (Apr. 2, 2026), https://www.nytimes.com/2026/04/02/world/europe/museum-heist-netherlands-helmet-romania.html.

Barnaby Phillips, Switzerland Returns Benin Bronzes, Institute of Art and Law (Apr. 2, 2026), https://ial.uk.com/switzerland-returns-benin-bronzes/, archived at https://perma.cc/2F52-DU6R.

Anja Shortland, Selling Stolen Art is Tricky, so Why Even Bother Heisting It? An Expert Explains, The Conversation, https://theconversation.com/selling-stolen-art-is-tricky-so-why-even-bother-heisting-it-an-expert-explains-279700, archived at https://perma.cc/D9EX-5R2M (last visited Apr. 3, 2026).

Ali Watkins & Josephine de La Bruyère, Renoir, Cézanne and Matisse Artworks Are Stolen in 3-Minute Museum Heist, Police Say, The New York Times (Mar. 30, 2026), https://www.nytimes.com/2026/03/30/world/europe/parma-art-heist-renoir-matisse-cezanne-italy.html.

Donna Yates, Performance of Security at the Drents Museum Helmet Return Press Conference, Anonymous Swiss Collector (Apr. 2, 2026), https://www.anonymousswisscollector.com/2026/04/performance-of-security-at-the-drents-museum-helmet-return-press-conference.html, archived at https://perma.cc/6X68-JZ6J.

Renoir, Cézanne and Matisse Works Stolen in ‘Three-Minute’ Italian Museum Heist, The Art Newspaper – International art news and events, https://www.theartnewspaper.com/2026/03/30/renoir-cezanne-matisse-works-stolen-in-three-minute-italian-museum-heist, archived at https://perma.cc/563Y-H7LT (last visited Apr. 3, 2026).

Italian Senate renews call for return of the ‘Bronze Statue of a Victorious Youth’

L’Atleta di Fano/Bronze Statue of a Victorious youth, at the Getty Villa

The Italian Senate’s Culture Commission has unanimously approved a resolution to renew the call for the return of the ‘Bronze Statue of a Victorious Youth‘ currently in the possession of the Getty Foundation at its Villa in Malibu. The call has also been taken up by the mayor of Fano, Massimo Seri. Seri has been a dogged champion for the return of the Bronze, noting that Italian forfeiture decisions give Italy a right of recovery, and even trying unsuccessfully to make the Bronze a discussion at the Italian meeting of the G20 later this year.

The resolution by the Italian Senate Committee was according the the Art Neewspaper crafted by Senator Margherita Corrado. The resolution will involve streamlining the efforts to seek the return of contested objects of cultural heritage:

[T]o assign a smaller pool of district magistrates to restitution cases “to allow for greater specialisation”, favour the training of magistrates in cultural heritage law, and encourage universities to teach legal archaeology in relevant courses. Furthermore, the government will collaborate with the Rai public broadcasting service to raise general awareness among citizens about restitution through programming, the resolution states.

It is not clear how that streamlining will link up with the current framework created by the 1970 UNESCO Convention, the companion 1995 UNIDROIT Convention, or the various bilateral agreements currently in place. Specialized training and courses at University are a welcome step, but Italy already has world class legal experts at its Universities, so I look forward to learning more about what this new initiative will actually look like. And I’m most interested in the impact of an Italian Senate Committee resolution, and if it will unlock funding and substantial change. If so, it could be a most welcome development for the obligations Italy and other Nations have under International Cultural Heritage Law.

The Art Newspaper also reported on what may be a more impactful mechanism, which would be to shut the Getty out of future efforts. In 2020 an internal culture ministry communication absolutely foreclosed the facilitation of the stunning Torlonia marbles collection: “After the refusal of the Getty Museum to recognise the sentence of the Court of Cassation [. . .] the Ministry has limited relations with the American museum to projects that have already been initiated.”

The ancient greek Bronze, likely made between 300-100 BCE was most likely hauled up by Italian fishermen in the 1960s, on a vessel based in the fishing town of Fano on the Adriatic Coast. A full account of the likely journey of the Bronze can be found in the terrific investigative book on lots of the acquisitions by the Getty Foundation, Chasing Aphrodite by Jason Felch and Ralph Frammolino. Italy has persistently asked for its return, and the Forfeiture ruling in Italy’s Court of Cassation gives Italy a domestic right to the return of the marbles.

The only hurdle then would be to have a compatible decision which would be enforced by American Courts. As I wrote in a 2013 Piece for Cardozo’s Arts and Entertainment Law Journal, United States Federal Law has such a mechanism, Italy simply needs to request its application.

James Imam, Italy Strengthens Case for Return of “Victorious Youth” Bronze from Getty Museum in Heritage Feud that Has Lasted Decades, The Art Newspaper, https://www.theartnewspaper.com/news/victorious-youth-getty-italian-senate [https://perma.cc/296Y-D5X7?type=image] (last visited Jul. 21, 2021).

Lisippo: sindaco Fano, risoluzione Senato aiuta ritorno Italia – Marche, Agenzia ANSA, https://www.ansa.it/marche/notizie/2021/07/19/lisippo-sindaco-fano-risoluzione-senato-aiuta-ritorno-italia_4f3315c4-d193-433f-80a4-ad2545c33632.html [https://perma.cc/5R87-RPVH] (last visited Jul. 21, 2021).

University of Aberdeen will repatriate a Benin bronze to Nigeria

The University of Aberdeen has joined other forward-thinking institutions such as the Humboldt Forum museum in Berlin and announced that it will return a Benin bronze to the Nigerian government. In a statement the University announced the return because of its “extremely immoral” acquisition, and called on other Museums in the United Kingdom to conduct their own inquiry and follow their lead. I could not be more proud of my former University and I hope this move will continue to push other institutions holding on to their colonial treasures to pursue justice for these objects and the creator cultures which desire their return.

Benin’s cultural patrimony was looted by British forces in 1897 during a violent dispute in which a British delegation was attacked, and then a large Punitive Expedition was assembled and exiled the leader of benin Oba Ovonramwen. The British destroyed Benin City and took back to Britain bronze sculptures, brass plaques, and sculptures created with the lost wax process. The Kingdom of Benin as I understand had been a capable and vibrant trading partner with Europe for hundreds of years, but in the 19th Century drive to colonize Africa, the culture and independence of the Kingdom of Benin was an inconvenience for the British empire and so was eradicated and impoverished.

This return continues a rich history of repatriation by the University. Neil Curtis, who head’s Aberdeen University’s museums and special collections said in a statement:

The University of Aberdeen has previously agreed to repatriate sacred items and ancestral remains to Canada, Australia and New Zealand, and has a procedure that considers requests in consultation with claimants. An ongoing review of the collections identified the Head of an Oba as having been acquired in a way that we now consider to have been extremely immoral, so we took a proactive approach to identify the appropriate people to discuss what to do.

The University museum has a small but lovely collection, and its location, the former Marischal College in central Aberdeen is being renovated, so there were not large numbers of visitors that will be disappointed in not being able to see this object on display. But that should not diminish the just result here. This head will be returned and viewed in context at a new cultural complex in Benin City which will be designed by David Adjaye.

University to Return Benin Bronze | News | The University of Aberdeen, https://www.abdn.ac.uk/news/14790/ (last visited Mar. 26, 2021);

University of Aberdeen to Return Pillaged Benin Bronze to Nigeria, the Guardian, http://www.theguardian.com/world/2021/mar/25/university-of-aberdeen-to-return-pillaged-benin-bronze-to-nigeria [https://perma.cc/R4GD-QNQX] (last visited Mar. 26, 2021);

Catherine Hickley, University of Aberdeen to Return Benin Bronze Looted by British Troops to Nigeria, The Art Newspaper, http://www.theartnewspaper.com/news/university-of-aberdeen-to-return-benin-bronze-looted-by-british-troops-to-nigeria (last visited Mar. 26, 2021);

Alex Greenberger & Alex Greenberger, Scottish University Becomes First to Repatriate Benin Bronze to Nigeria, ARTnews.com (Mar. 25, 2021), https://www.artnews.com/art-news/news/university-of-aberdeen-returns-benin-bronze-1234587803/;

University of Aberdeen to Repatriate “looted” Nigerian Bronze Sculpture, BBC News (Mar. 25, 2021), https://www.bbc.com/news/uk-scotland-north-east-orkney-shetland-56513346 [https://perma.cc/M9NE-SXQ9].

Lord Elgin and the Parthenon featured on Stuff You Missed in History Class

Parthenon Frieze at the Acropolis Museum in Athens
The Parthenon frieze depicting the Great Panathenaia at the Acropolis Museum in Athens

The excellent podcast, Stuff You Missed in History Class, (hosted by Tracy V. Wilson and Holly Frey) has a useful overview of the chronology of the taking of the Parthenon Sculptures by Lord Elgin and his agents. It’s a useful overview, and will likely be of particular use for students or newcomers to the long-running dispute. Useful details include Elgin’s bitter divorce, and the reminder that it was never a good thing to draw the ire of Lord Byron.

Italian Court Upholds Seizure Order for Fano Athlete

Bronze Statue of a Victorious youth, at the Getty Villa

Will the Getty’s prize bronze return to Italy? On Monday Italy’s Court of Cassation upheld the seizure of the Bronze Statue of a Victorious Youth, currently on display at the Getty Villa. Though the legal dispute has taken years, that’s not out of the norm for the amount of time prominent repatriation conflicts take to resolve. The written opinion has not yet been published, but it certainly appears to be a favorable development for Italian officials.

Gaia Pianigiani reported for the New York Times:

After a decade-long legal battle, Italy’s Court of Cassation ruled Monday that the statue should be confiscated and brought back to Italy, rejecting the Getty’s appeal. The decision had not been published Tuesday but a message from a court official describing it was provided to The New York Times.

“It was a very, very long process, but we now hope that we will be able to have it in Italy as soon as possible,” said Lorenzo D’Ascia, a lawyer representing the Italian government.

In a report on ANSA, comments by Italian heritage advocates, ministers and lawyers seemed optimistic:

The top court rejected an appeal by the US museum against a Pesaro judge’s order to confiscate the fourth-century BC bronze statue.
“The Lysippos (as it is known in Italy) must return to Italy, it’s the last word from Italian justice,” Pesaro prosecutor Silvia Cecchi told ANSA after the long legal battle.
Culture Minister Alberto Bonisoli told ANSA “now we hope the US authorities will act as soon as possible to favour the restitution of the Lysippos to Italy”.
He said he was happy that “this judicial process has finally ended and the right to recover an extremely important testimony of our heritage has been recognised.
“Let’s hope the statue can soon return to be admired in our museums”.
In June the Pesaro prosecutors announced that the order issued to seize the statue for years disputed by Italy and the Getty Museum in Malibu was “immediately executive”.
“The Lysippos statue must return to Italy,” prosecutors told ANSA, accompanied by Tristano Tonnini, the lawyer for the association “Cento Citta'”, which has been fighting the legal battle for 11 years.
“We expect politicians to play their part,” they said.

For Italy, the path to a successful repatriation of the Bronze could come via an agreement with the Getty. And such an agreement may be more likely to occur with this favorable ruling. The forfeiture can be successfully enforced by a U.S. Federal Court via transnational forfeiture and a Mutual Legal Assistance Treaty between Italy and the United States. I detailed how such a transnational forfeiture could work in a 2014 article, available here.

  1. Lysippos statue is Italy’s says court, ANSA.it (2018), http://www.ansa.it/english/news/lifestyle/arts/2018/12/04/lysippos-statue-is-italys-says-court_8405f7ad-e1d1-4aef-aa4d-998c98c1a7ec.html (last visited Dec 4, 2018).
  2. Gaia Pianigiani, Italian Court Rules Getty Museum Must Return a Prized Bronze, The New York Times, December 4, 2018, https://www.nytimes.com/2018/12/04/arts/design/getty-bronze-italy-ruling.html (last visited Dec 4, 2018).
  3. Derek Fincham, Transnational Forfeiture of the Getty Bronze, 32 Cardozo Arts & Ent. L.J. 471–500 (2014), available at https://heinonline.org/HOL/P?h=hein.journals/caelj32&i=485.
  4. Luis Li & Amelia L.B. Sargent, The Getty Bronze and the Limits of Restitution Symposium: The Cultural Identity and Legal Protection of Art, 20 Chap. L. Rev. 25–50 (2017) (for a discussion of the case from the perspective of the Getty’s attorneys).

Matthes on ‘Radical Redistribution of Art’

The Ilissos sculpture, on display in London, originally adorned the Parthenon

Erich Hatala Matthes, a Prof. of Philosophy at Wellesley College has authored an argument for the radical redistribution of wealth in the open source journal Ergo. From the abstract:

Museums are home to millions of artworks and cultural artifacts, some of which have made their way to these institutions through unjust means. Some argue that these objects should be repatriated (i.e., returned to their country, culture, or owner of origin). However, these arguments face a series of philosophical challenges. In particular, repatriation, even if justified, is often portrayed as contrary to the aims and values of museums. However, in this paper, I argue that some of the very considerations museums appeal to in order to oppose repatriation claims can be turned on their heads and marshaled in favor of the practice. In addition to defending against objections to repatriation, this argument yields the surprising conclusion that the redistribution of cultural goods should be much more radical than is typically supposed.

An interesting argument, and it sounds to me like he is making a case for cultural justice.

Erich Hatala Matthes, Repatriation and the Radical Redistribution of Art, 4 Ergo (2017).

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).

Ross on the barriers to post-colonial repatriation

“Raven/Sisutl transformation mask by Oscar Matilpi, Kwakwaka’wakw Nation, 1997. In the permanent collection of The Children’s Museum of Indianapolis.” CC BY-SA 3.0

Sara Ross, a Ph.D. candidate at Osgoode Hall Law has published an article in the American Indian Law Journal titled: “Res Extra Commercium and the Barriers Faced When Seeking the Repatriation and Return of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach”. From the abstract:

The repatriation and return of objects of cultural value are often linked to decolonization projects and efforts to repair past wrongs suffered as a result of colonialism. Yet significant barriers hinder these efforts. These barriers primarily take the shape of time limitations, diverging conceptions of property and ownership, the high costs involved, and the domestic export and cultural heritage laws of both the source country and the destination country. I argue that these barriers are relics of colonialism that replicate and perpetuate the continued imposition of Eurocentric and Western legal notions and values on subaltern source countries and source indigenous groups. In order to truly move beyond the remaining relics of colonialism into a context where the culture and values of all groups are accorded equal respect, it is important that these barriers be removed.

Sara Ross, Res Extra Commercium and the Barriers Faced When Seeking the Repatriation and Return of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach, SSRN Scholarly Paper ID 2755435 (Social Science Research Network), Mar. 28, 2016.

Italy reached an agreement with the Glyptotek

Contents of a tomb from the Sabine Hills, north of Rome
Contents of a tomb from the Sabine Hills, north of Rome

Italy and the Ny Carlsberg Glyptotek art museum in Copenhagen on Tuesday announced an agreement for the return of antiquities taken illegally from Italy.

Objects repatriated include the contents of a tomb from near Fara north of Rome. Those objects had allegedly passed through Robert Hecht, a familiar name to those who follow illicit antiquities. Hecht passed away in 2012, and had been the subject of a criminal trial in Rome in 2005, allegedly for dealing in illicit antiquities.

Robert Hecht described buying the Etruscan chariot from Giacomo Medici:

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