Armed Conflict – Page 2 – Illicit Cultural Property

Raising Awareness With Playing Cards

At the annual ARCA conference this summer in Amelia, a reporter based in Rome, Nancy Greenleese, was able to interview Laurie Rush and Joris Kila on efforts to protect culture during armed conflict, of which these cards are an excellent example.

Soldiers often enter conflict zones with limited knowledge of local cultural and historical nuances. Archaeologist Laurie Rush recognized that their ignorance can make conflicts worse. So she helped create a deck of playing cards that displays photos and messages about cultural heritage in Iraq, Afghanistan and Egypt. The Ishtar Gate of ancient Babylon Troops see pictures of Buddhist statues and tablets when playing poker and other games with the cards. They may discover that buying and selling antiquities is illegal or be reminded to look before digging. And Rush’s concept has caught on: Soldiers from the US and other countries have snapped up more than 165,000 decks. The US invasion of Iraq offered examples of what troubled Rush about soldiers’ cultural knowledge. When American and Polish forces were building a camp in the ancient Iraqi city of Babylon in 2003, they inadvertently crushed ancient brick pavement and marred dragon decorations on the Ishtar Gate. “It immediately occurred to me that a better educated force would not have made those kinds of mistakes,” Rush told DW.

Though I write about cultural heritage law, I spend most of my time teaching law students. It can sometimes be hard to explain to my colleagues just what it is that I write about, apart from the broad “art law”. So when I was fortunate enough to get my hands on one of the decks of cards which are increasingly being given to troops who enter conflict zones abroad, I thought at once of framing them.

Nancy Greenleese, It’s all in the cards, Inside Europe (2012), http://bit.ly/O29VOY.
Nancy Greenleese, Archeologist saves cultural treasures with cards Deutsche Welle (2012), (last visited Aug 27, 2012).

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

Examining the Wartime Looting of Art with Art

I have been alerted to a very interesting project conceived by Rob van Leijsen, Art Handling in Oblivion. It is a catalogue of five different instances of wartime looting. As issues of theft and looting become more widely understood I think more and more artists will decide to take up these issues in their own work. From the description:

The catalogue does not pursue to answer questions of restitution, but evokes discussion by contextualizing the objectives and procedures of wartime art looting. The glued catalogues are cut open on a predefined spot on the table. The central part of the display is designed for consultation and reading, and on the other end envelopes with copies addressed to the concerned museums are placed. This project was conceived by Rob van Leijsen as a graduation project at the Master Design Spaces & Communication at Head Genève (Haute École d’Art et de Design). 185 x 260 mm, 368 pages, laserprint on 70 gr. Edixion Offset, 20 copies (first edition).

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

Dr. Laurie Rush on "Cultural Property Protection as a Force Multiplier"

Laurie Rush, and Army archaeologist who has directed the In Theater Heritage Training Program for Deploying Personnel has a very interesting piece tin the March-April edition of Military Review, Cultural Property Protection as a Force Multiplier in Stability Operations The piece focuses on the work of the Monuments officers during WWII, but has much to say about the continued importance of heritage protection today. An excerpt:

Few contest the long-term value of cultural property protection during fullspectrum operations. However, one might reasonably question its immediate beneﬁts to Western military personnel facing hostile engagements in today’s complex conﬂict situations. One immediate response refers to the media battle that is an inevitable part of all modern conﬂict. Just as the Italians and Germans used propaganda effectively to advance their causes during the African and Italian campaigns, the terrorists and insurgents of today are often on the scene with video cameras. The British monuments program in 1943 began in part as a response to an Italian propaganda effort centering on the ancient Roman city of Cyrenica in Libya. After the ancient site changed hands from the Italians to the British and back to the Italians, the Italian government put together a propaganda campaign with the message that the British had shown no respect for the glory of ancient Rome. The Italians faked damage to the museum, photographed statues under reconstruction and added captions accusing the British of deliberately breaking them, and offered examples of grafﬁti written in English. The power of these materials was manifest. They helped convince the Italian people that the British had no respect for any element of Italian or Roman history and culture.

The whole piece merits a good read, highly recommended. I wonder if the protection of these sites and objects can be considered an economic, cultural or other ‘multiplier’ as well, extending the arguments and resources we might dedicate to their protection outside of conflict zones as well.

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

Nemeth on strategic protection of cultural heritage

Does the citizen protection at the Cairo Museum
offer lessons for strategic protection of heritage?

Erik Nemeth makes an interesting point in a special contribution to the Chicago Tribune. Rather than just consider what museums or ‘source nations’ lose when objects are repatriated; why not consider the gain and strategic benefit returns can offer to the returning nation or museum. And what other benefits might occur during armed conflict if heritage sites are aggressively protected?

The political turbulence in Egypt, Libya and Bahrain has seen both looting of artifacts and destruction of monuments. Last year, citizens linked arms in front of the Egyptian Museum in Cairo with some success. This and other instances like it suggest potential for proactive protection of cultural artifacts, particularly in light of the U.S. ratification of the 1954 Hague Convention in 2009. Indeed, U.S. foreign policy can parlay risk to cultural property into diplomacy by insisting that military interventions, even when the U.S. is not engaged militarily, include a strategy for securing museums, monuments and sites of archaeological significance that along with tactical bombing avoids collateral damage. America might also assess objects that are likely targets for repatriation and consider offering their return as part of a strategy for relations with the nation of origin. If engaged in conflict — or even if not — an active interest in protecting the local cultural property would serve the purposes of garnering political goodwill and creating an opportunity for communication with the local government and potentially the insurgency.

Erik Nemeth, Repatriating part of Saddam statue could promote diplomacy, Chicago Tribune, June 7, 2012, http://articles.chicagotribune.com/2012-06-07/news/ct-perspec-0607-artifacts-20120607_1_hiram-bingham-iii-artifacts-collateral-damage (last visited Jun 10, 2012).

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

Destruction and Looting in Syria

AP Photo of destruction in Homs

There are increasing reports of destruction in Syria. Sites like Krak des Chavaliers, Palmyra, Elba, and historic buildings in Homs are all at risk. Government forces in some cases are shelling civilian areas—the Citadel of Al Madeeq has been shelled, with a tragic result for the site and for the inhabitants.

The AP describes the damage: “shells thudded into the walls of the 12th century al-Madeeq Citadel, raising flames and columns of smoke as regime forces battled with rebels in March. The bombardment punched holes in the walls, according to online footage of the fighting.”

There are reports of looting, including some by government forces and others. Rodrigo Martin, an archaeologist who has worked in Syria describes some of the destruction:

We have facts showing that the government is acting directly against the country’s historical heritage,. . . What we know . . . Syrian heritage has already provided a huge quantity of information, but we can safely say that the part that has not yet been studied is even bigger,. . . [the destruction] is like burning a page in the book of history of mankind.

This kind of damage, which approaches intentional destruction similar to the destruction of the Buddhas at Bamiyan will be difficult to prevent. With respect to the looting and damage being done, sadly there are not a whole lot of good options the heritage community can call for, apart from a peaceful resolution of the conflict, and renewed vigilance in the marketplace to watch out for the kinds of objects which looters may be taking from Syria.

Syria’s Cultural Treasures Latest Uprising Victim, NPR.org, May 1, 2012, http://www.npr.org/templates/story/story.php?storyId=151783292 (last visited May 3, 2012).

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

Cambodia Disputing a Koh Ker statue up for auction at Sotheby’s

The disputed limestone Koh Ker statue

Cambodia is asking for assistance from the U.S. government in repatriating a limestone statue which was likely looted during the Vietnam War/Khmer Rouge era. Jane Levine, compliance director for Sotheby’s argues that “there are widely divergent views on how to resolve conflicts involving cultural heritage objects”. Here is mine.

The statue has considerable value, its pre-sale auction price was estimated at between $2-3 million. That estimate will likely be considerably less after the report in the New York times, detailing the dubious history of the object. Sotheby’s claims the object was acquired by a “noble European lady” in 1975. Hardly a complete history of the object, and hardly enough to invoke the protections of good faith. The absence of information should not confer the benefits of a good faith purchase. Sotheby’s argues the burden should be placed on Cambodia. I wonder though if the blunt reality of two feet without a body might lead a thinking person to a different conclusion. No museum can ethically acquire this object. Though the Norton Simon has a similar statue, also without feet, no word yet on whether Cambodia may seek the repatriation of that statue as well.

I would expect if a resolution between Sotheby’s and Cambodia cannot be reached that the government consider using its forfeiture powers on the grounds the statue was under the ownership of Cambodia after a 1925 French colonial law declaring objects in Cambodia to be the exclusive property of the state.

Should the forfeiture proceeding be declined, I would urge Cambodia or its lawyers to consider using a civil action using as a precedent the English case, Bumper Development Corp. v Commissioner of Police for the Metropolis [1991] 1 WLR 1362. That case successfully achieved the repatriation of an object taken from an Indian temple, but it was the temple itself was given legal rights as a party. Perhaps there is a legal personality in Cambodia which might offer a similar connection to this statue.

A Pedestal in Cambodia, which might be the base

Tom Mashberg & Ralph Blumenthal, Sotheby’s Caught in Dispute Over Prized Cambodian Statue, The New York Times, February 28, 2012, http://www.nytimes.com/2012/02/29/arts/design/sothebys-caught-in-dispute-over-prized-cambodian-statue.html (last visited Feb 28, 2012).

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

More Context on the Menil Frescoes

The Frescoes at the Menil in Montrose

The return of the Byzantine Frescoes to Cyprus presents an opportunity to consider what will happen to the physical space which was specially created to house them at the Menil in Houston. But it also offers an opportunity to look back at the acquisition process for the frescoes. Lisa Gray reports that at the time of the acquisition, Dominique de Menil understood they were dealing with ‘Thugs’:

An example of the chopped up mosaics before restoration

De Menil and her associates had flown to Munich, expecting to see two Byzantine frescoes of unusual excellence. Their contact, Turkish businessman Aydin Dikmen, led the little party to a ratty neighborhood at the edge of Munich, then up a flight of stairs to an apartment that had no electricity. In a room lit only by two candles, de Menil was shown two pieces of plaster (John the Baptist, plus part of an angel) propped against a wall. Other bits were packed in a crate. De Menil was horrified. “The pieces were too much chopped up to derive any impression of beauty,” she later told Texas Monthly reporter Helen Thorpe. “It was like a miserable human being that has to be brought to the hospital.” Through translators, Dikmen told her that the frescoes had been discovered under rubble at a construction site in Turkey. The de Menil party doubted the story. But de Menil agreed to pay Dikmen earnest money in exchange for the right to buy them in the future. At that point, she did something unusual for the wild-and-woolly 1980s antiquity market: She began earnestly trying to track down the frescoes’ rightful owner. Eventually, after many letters exchanged by lawyers and embassies, it became clear that the frescoes had been stolen from a tiny church near the town of Lysi, on the island of Cyprus. In 1974, after Turkey invaded northern Cyprus, looters systematically robbed the area’s churches and monuments of anything they could carry off. In the little church at Lysi, where the frescoes were painted into the walls’ plaster, they’d glued cloth to the walls’ surfaces, then used a chain saw and chisel to hack away Christ, Mary and the angels, yielding 38 cloth-fronted pieces.

It is a fascinating story of one of the rare examples of a collector working with the original owner to solve a theft, restore the mosaics, display them, and return them to Cyprus. But in this case, the thieves were rewarded. The mosaics were stripped from their church, sold on the international market in Munich. So it is a good result, and the Menil and the Byzantine Church of Cyprus should be rewarded, and yet this was a success for the thieves as well.

The Chapel in Lysi, Cyprus where the mosaics were stolen

Lisa Gray, Afterlife for a chapel, Houston Chronicle, February 5, 2012, http://www.chron.com/life/gray/article/Gray-Afterlife-for-a-chapel-2968817.php#src=fb (last visited Feb 6, 2012).

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

Art Crime and War Course in Hamilton, New Zealand

Hamilton, New Zealand

One of the highlights of ARCA’s Certificate program each summer is a course taught by Judge Arthur Tompkins. For those willing and able to make it to New Zealand in February, which is the Antipodean summer, the University of Waikato’s Te Piringa-Faculty of Law and the University’s Centre for Continued Education have recently announced a forthcoming five-day summer intensive course, entitled “Art Crime during Armed Conflict”.

I cannot recommend Judge Tompkins’s course highly enough, he covers art and war from ancient times in Greece and Rome up to the present Iraq and Afghanistan conflicts.

Here are the details:
Continuing Education Flyer for Art Crime During Armed Conflict

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

Nemeth on Antiquities (UPDATE w/ image)

Erik Nemeth has recently posted a number of interesting articles on SSRN examining ‘cultural security’ and the task of quantifying antiquities looting.

Cultural Security: From Concept to Engagement:

Recent armed conflict in Iraq and Afghanistan and political violence in Egypt have revealed the strategic significance of cultural property. This paper assesses the role of historic sites and antiquities in foreign engagement. Over the past century, U.S. foreign policy has had successes and shortcomings in leveraging protection of cultural patrimony to strategic advantage. The contrast of successful policy on the protection of immovable cultural property, such as religious monuments, in armed conflict and missed opportunities for tactical intelligence on the trade in movable cultural property, such as antiquities trafficking, identifies potential for development of foreign policy.

Market Value of Culture: Quantifying the Risk of Antiquities Looting:

The traditionally clandestine nature of the art market poses challenges to assessing looting and trafficking in developing nations. In the absence of direct information on transactions in source nations, sales at auction provide a sense of the market value and trade volume of antiquities and primitive art. Auction houses openly publish results of auctions and enable access to sales archives through web sites. On-line access to sales archives creates a substantive pool of data on hammer prices from auctions around the world. Sales archives also contain detailed descriptions of the artworks. The description that accompanies an auction lot can identify the geographic origin of the artwork. Data mining of sales archives for hammer price and origin enables analysis of market value by source nation. The analysis assesses relative market value and, thereby, contributes to an assessment of relative risks of looting across developing nations.

Both short essays are highly recommended.

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

Did Marion True Ever Catch a Looter or Dealer?

One of the stolen Mosaics at issue in the case

Some folks on the internet are not too pleased about the letter I collaborated on with Noah Charney re-examining Hugh Eakin’s review of Chasing Aphrodite. A pointed response by David Gill here, and another critic wonders “whether anything done by Marion True herself actually led to the capture and conviction of a single looter of archaeological sites, or advanced any “Research into Crimes against Art”?

Yes, she certainly did, according to the Seventh Circuit Court of Appeals. As anyone should know who claims to study looting of archaeology and heritage, Marion True was the hero of one of the most prominent antiquities cases of the last thirty years, AUTOCEPHALOUS GREEK-ORTHODOX CHURCH OF CYPRUS vs.GOLDBERG, 917 F. 2d 278 (7th Cir., 1990) (available here). The case involved an antiquities dealer, Peg Goldberg, as well as Michel van Rijn. A helpful summary of the case is available here from IFAR. I discuss the case at some length in an article where I argue the nation of origin’s law should be applied more often in cross-border trafficking in pieces of cultural heritage.

But with respect to Marion True, she is the unabashed hero of the case. From the opinion by Chief Judge Alex Bauer:

Peg Goldberg’s efforts soon turned to just that: the resale of these valuable mosaics. She worked up sales brochures about them, and contacted several other dealers to help her find a buyer. Two of these dealers’ searches led them both to Dr. Marion True of the Getty Museum in California. When told of these mosaics and their likely origin, the aptly-named Dr. True explained to the dealers that she had a working relationship with the Republic of Cyprus and that she was duty-bound to contact Cypriot officials about them. Dr. True called Dr. Vassos Karageorghis, the Director of the Republic’s Department of Antiquities and one of the primary Cypriot officials involved in the worldwide search for the mosaics. Dr. Karageorghis verified that the Republic was in fact hunting for the mosaics that had been described to Dr. True, and he set in motion the investigative and legal machinery that ultimately resulted in the Republic learning that they were in Goldberg’s possession in Indianapolis.

(emphasis added)

The opinion is also widely cited because of a concurring opinion by Judge Cudahy embedding the 1954 Hague Convention and the 1970 UNESCO Convention into cultural heritage law, a precedent which has had a number of important effects.

Marion True is no saint, nobody would argue she is, but her story is more complicated than merely painting her as the endpoint for looted antiquities. She did so much more, as Jason Felch and Ralph Frammolino explain in their book. Italian officials will tell you if asked that the case was brought against her because they had the evidence, not necessarily because she was the worst offender. And yes, she was instrumental in returning at least one ~~looted object.~~ group of looted objects.

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