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Art Theft – Page 16 – Illicit Cultural Property

Tag: Art Theft

Can the West do More to Protect Iraqi Antiquities?


Dr. Bahaa Mayah, a special adviser to Iraq’a Minister of Tourism and Antiquities, has strongly criticized the response of the West to the trade in looted or stolen antiquities originating from Iraq. Dr. Mayah held a press conference yesterday at the British Museum, and argued it was the occupying forces’ responsibility to retrieve the valuable objects taken since 2003. He also urged a global ban on Iraqi antiquities via a UN Security Council resolution. He said “Our antiquities are scattered everywhere from America to Europe. This problem is not new but it has intensified since 2oo3 and is now becoming a bigger problem.”

Speaking of America specifically, he argued “America is co-operating and not co-operating at the same time. We were grateful when they returned the Statue of Entemena (from 2,430BC) but at the same time, you see auctioneers all over the country trading in our antiquities. No action is being taken”. This statement, curiously, comes on the same day the Department of State published a notice of an import Restriction to Protect the Cultural Heritage of Iraq.

You can also hear his comments on BBC Radio 4’s Front Row program here, his interview starts at about 18 minutes in, which David Gill has noted this morning as well.

There at three separate issues here, first is what can be done to prevent looting in Iraq and how to regulate the illicit trade in Iraqi antiquities. Second, is the damage done by occupying forces to important sites at Babylon and elsewhere. Finally, there is the claim for restitution for objects which have long in the British Museum collection. The first two, it seems to me are related. The final question, which speaks to the notion of Universal Museums, must be separated. Every time this kind of discussion spins off into a discussion of the Parthenon Marbles and other restitutions, I think we lose site of the present ongoing issue: the looting of sites, and the illicit trade.

I am sympathetic to Dr. Mayar, as he must find it difficult dealing with a myriad of different agencies in Europe, and he feels the burden is on the source nation to give evidence of of an object’s illicit nature. Unfortunately this is the regime which the 1970 UNESCO Convention has produced, and efforts to create an effective multilateral agreement in this arena have been notoriously difficult. I think that must surely be tied to the disagreement and acrimonious nature the debates often engender.

Prof. Patty Gerstenblith has noted before that a lot of the reporting and discussion of the law as it pertains to the antiquities trade is wrong, and misses the point completely. I have to agree. Dr. Mayar talks about the incomplete response of the West to the trade in Iraqi antiquities, but I think the US and the UK have taken the necessary steps to attach criminal penalties to this trade. International law already bans the trade in Iraqi antiquities, under UN Security Council Resolution 1483:

Decides that all Member States shall take appropriate steps to facilitate the safe return to Iraqi institutions of Iraqi cultural property and other items of archaeological, historical, cultural, rare scientific, and religious importance illegally removed from the Iraq National Museum, the National Library, and other locations in Iraq since the adoption of resolution 661 (1990) of 6 August 1990, including by establishing a prohibition on trade in or transfer of such items and items with respect to which reasonable suspicion exists that they have been illegally removed, and calls upon the United Nations Educational, Scientific, and Cultural Organization, Interpol, and other international organizations, as appropriate, to assist in the implementation of this paragraph;

In the United Kingdom, the Theft Act 1968, the Proceeds of Crime Act 2002, and the Iraq (UN Sanctions) Order 2003 creates a criminal offence for merely being in possession of Iraqi Antiquities.

The United States has banned the import of Iraqi antiquities, and the National Stolen Property Act, as well as the powerful Civil Forfeiture mechanisms available to Federal Prosecutors strongly regulate the criminal aspects of the trade.

The difficulty of course, and its one that Dr. Mayar speaks to, is the difficulty in establishing evidence of the fact that an object originated in Iraq, when it could have originated from any one of a number of countries. Are there Iraqi antiquities currently being sold in the United States and United Kingdom? I’ll confess I don’t know. His comments strongly indicate they are, but I’m unaware of such sales, or any reports indicating this is the case.

Ultimately, I think the US and the UK in particular have taken nearly all the steps they can to regulate the criminal aspects of the trade. To shift burdens any further would, without being overly dramatic here, require Constitutional-level reworking, to allow fewer rights for criminal defendants. That is a step no thinking person can responsibly advocate. That’s at the core of my arguments about the utility of the criminal response to the illicit trade. The solution, as I see it, is to introduce a way for cultural property transactions to require title history, provenance and findspot information for antiquities. This would give real effect to the law. Without such information, the antiquities trade will continue to evade effective regulation. Think about the California searches from earlier this year, despite a dramatic raid, we have yet to see any charges filed. Though this is heresy to even suggest for many in the archaeological community, this will in my view require compromise and will almost certainly require a liberalization of the trade in some respects.

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

"The Holocaust, Museum Ethics, and Legalism"

Jennifer Anglim Kreder has posted her forthcoming article The Holocaust, Museum Ethics, and Legalism, forthcoming from the Southern California Review of Law and Social Justice, Vol 18, 2008 on SSRN:

The Holocaust art movement has led to significant and controversial restitutions from museums. This article focuses on two emotionally driven claims to recover a suitcase stolen from a murdered man and watercolors a woman was forced to paint for Josef Mengele to document his pseudo-scientific theories of racial inferiority and his cruel medical experiments. Both claims are asserted against the Auschwitz-Birkenau State Museum in Poland, and the museum has refused to return the objects. These claims provide insightful case studies to examine the emotional and ethical aspects of such disputes. Drawing from a number of disciplines, this article demonstrates the inadequacy of the dominant frameworks influencing the cultural property field, which are grounded in property law, morality and utilitarianism, for evaluating the Holocaust-related claims. This article also demonstrates that the International Council of Museums (ICOM) Code of Ethics provides a useful construct for evaluating the claims. ICOM Principle 6.7, which calls on museums to promote well-being, should be the guiding light for museums deciding whether to return Holocaust-related objects. The article concludes that the Auschwitz-Birkenau State Museum’s refusal to return the objects is faulty ethically, counter to its mission, and reflective of the inadequacy of Poland’s approach to post-war restitution.

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

Another Major Theft in Switzerland (UPDATE)

A work by Swiss artist Ferdinand Hodler has “gone missing” on its way to an exhibition in Bern. The work had been collected by a transportation company but never made it to the exhibition at the Bern Museum of Fine Art. It was to be included in an exhibition entitled “A Symbolic Vision,” a collection of Hodler’s works.

Swiss police are treating the matter as a major art theft, after two other high profile robberies occurred in the past few months: Two Monets and two Degas‘s, worth a combined 180 million francs ($163 million), were stolen from the Emil Buehrle private art collection in Zurich in February, and a few days before that, two Picassos on loan from Germany, worth an estimated 4 million francs, were stolen from an exhibition near Zurich. No further details have been released on the Hodler incident.

UPDATE:

The Limited Effectiveness of the Art Loss Register


Georgina Adam has a very interesting article in the Art Newspaper on the dispute between Michael Marks and Aziz Kurtha over two works by Indian artist Francis Newton Souza. Pictured here is an unrelated work by Souza, Still Life, which was purchased in 1967 for a mere 50 pounds but was sold recently for 173,000 pounds. This increase in value now makes it more profitable for individual’s to bring claims for works by Souza which may have been stolen in the past.

As Adam states:

Mr Marks says he bought the two paintings, Head of a Portuguese Navigator, 1961, and Chalice with Host, 1953, in good faith in 2006. He had conducted a check against the Art Loss Register’s (ALR) stolen art database and was not alerted that there were doubts about the works’ ownership despite the fact that they had been registered with the ALR as missing.

Dr Kurtha, who owns a collection of over 200 works by Souza, said that, at some point in the 1990s, some of these were stolen…

The two paintings in the present dispute were registered by Dr Kurtha as missing with the ALR in 2005… Mr Marks, who was then unknown to the ALR, telephoned the organisation to check the provenance of the paintings and paid the ALR search fee with a credit card. Julian Radcliffe, ALR’s chairman, admitted in court that he deliberately misled Mr Marks by telling him there was no claim on the Souzas. Mr Radcliffe said that it was sometimes necessary to mislead people who make enquiries about the database in order to establish identity and bank details, which he did in this case; Dr Kurtha then took Mr Marks to court to recover the paintings.

Speaking to The Art Newspaper, Milton Silverman, the solicitor for Mr Marks, described this as a “potentially nightmare scenario for a dealer. He could buy works of art, certain in his own mind that they are free of any problems, only to find himself landed with a dispute on their title.” Mr Radcliffe told us that the circumstances were exceptional in that Mr Marks was unknown to them. ALR would not act in the same way with a known dealer, collector or auction house, he says.

The emphasis is mine. Marks now has a potential claim against whoever he purchased the works from in 2006, whoever that may be. One would assume such a claim would probably still leave Marks in a difficult position, as works by Souza have been increasing dramatically in value in recent years.

The priority for the ALR would seem to be to return paintings to their original owners, but not necessarily to guarantee the legitimacy of current transactions, as indicated by Radcliffe’s admission that the ALR misleads some. Add to that the fact that the ALR sometimes takes commissions for facilitating the return of works of art to original owners, and we are left with what appears to be a troubling state of affairs.

As an aside, I’m not sure what the ALR guarantees when one does ask for a search of the ALR, and I’d imagine they have done their best to disclaim liability in this situation, but I wonder if Marks may have some kind of claim against the ALR itself. Though in this case the paintings have been returned to their original owner, I wonder if perhaps this kind of misleading information would give dealers pause when they are considering whether to consult the database.

The ALR is the most widely-used and cited cultural property database, however it makes no claims to being a cure-all for the problems with the cultural property trade. Though the ALR is in some cases useful, it should not be mistaken for a check on cultural property transactions generally, and it should be pointed out that Julian Radcliffe and the ALR are quick to point out that they do not attempt to police the whole market. What they do, they do well, but there are limitations to its effectiveness. David Gill and Tom Flynn have both pointed out the dubious usefulness of the ALR with respect to recently unearthed antiquities and export restrictions. As the ALR counsel, Christopher A. Marinello has recently indicated via the Museum Security Newwork, “the database does not contain information on illegally exported artefacts unless they have been reported to us as stolen.”

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

The Difficulty of Nazi Spoliation Research

Camille Pissarro’s Le Quai Malaquais, Printemps (pictured), was owned by a Jewish book publisher in 1938 in Austria. When he fled Austria, the work was lost. A history professor, Jonathan Petropoulos has been involved in attempts to return the works to the descendants.

Last week, Elise Viebeck a student reporter at Claremont McKenna College reported that Petropoulos will resign as director of the Study of the Holocaust, Genocide and Human Rights.

Yesterday Mike Boehm a LA Times Staff Writer picked up the story as well.

The descendant, Gisela Bermann Fischer, has accused Petropoulos of trying to extort 18% of the work’s value as payment for “facilitating” its return. It seems Petropoulos hoped to end controversy and spare the Holocaust center and Claremont McKenna College any more distraction. It seems his involvement may be more than a mere “distraction” as Swiss authorities are holding the painting as evidence in an ongoing German investigation into possible extortion by Petropoulos and a German art dealer, Peter Griebert. The LA Times Story has the details according to Petropoulos:

Petropoulos said he got involved at the behest of Fischer and the Art Loss Register, a London-based company that keeps a database of stolen art and in some cases helps to get it back.

In December 2006, he said, he met in Munich with Griebert, whom he knew as an art-business associate of Lohse. Griebert, the professor said, was now apparently angry with the ex-Nazi. Petropoulos said Griebert told him about papers he’d found showing that Lohse had sold the Pissarro in 1957 to a man who bequeathed it to a foundation in Lichtenstein.

Working for what he said was his customary consultant’s fee of $350 an hour plus expenses, Petropoulos said he reported the news to his client, the Art Loss Register, which was then negotiating a contract with Fischer to recover the painting. The professor said he did more sleuthing on his own, with a view to recovering the Pissarro and gathering material for a book.

In late January 2007, he said, he viewed, authenticated and photographed the painting in the conference room of a Zurich bank. He also said he dined with Fischer and Griebert later that day and that they reached a deal: Fischer, who’d had a falling out with the Art Loss Register, would sell the Pissarro at Christie’s in New York and Griebert would get his customary 10% art dealer’s fee.

Both Julian Radcliffe and prominent restitution attorney E. Randol Schoenberg are quoted as saying Petropolous got himself too involved in the negotiations to return the work, rather than simply do the research for the fee which had been agreed upon. The seems to have been a miscommunication at some point, and the “champagne” agreement that Petropolous thought he was entitled to rely upon was it seems not reduced to writing, and in return Petropolous refused perhaps to continue to bring the parties together.

The ultimate issue I suppose is what kind of compensation these kinds of experts can and should claim. The lawyers involved, and the Art Loss Register all take a healthy commission; and Petropolous certainly seems to have been amply compensated for his time at $350/hour. Though there may be powerful historical, legal and ethical arguments compelling the restitution of these Nazi spoliated works, we should perhaps bear in mind that it is the very large sums of money they fetch at acution which is driving these restitution efforts.

Related Posts:

Dividing a Nazi Art Dealer’s Collection

Compensation for Restitution Experts

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

Antiquities Recovered in Rome


Italian authorities announced on Friday they had recovered over a dozen antiquities hidden in a boat garage near Fiumicino, which is very near Rome’s Leonardo da Vinci airport. The AP report indicated:

The most spectacular find was a marble head of Lucius Verus, a portrait of the emperor who co-ruled Rome from 161 until his death in 169 alongside his adoptive brother, Marcus Aurelius.

The bearded visage of the emperor is believed to have been secretly dug out at a site in the Naples area and was probably destined for the international market, said Capt. Massimo Rossi, of a special police unit that hunts down archaeological thieves.

No arrests have been made, but 13 people are being investigated for allegedly trafficking in antiquities, Rossi said.

The announcement also indicated another recovery:

In a separate operation, Italy recovered a marble head depicting Faustina, the wife of the Emperor Antoninus Pius, the predecessor and adoptive father of Lucius Verus and Marcus Aurelius, police said in a statement.

Faustina’s portrait had been stolen in 1961 from an ancient theater in Minturno, south of Rome, and made its way to an American collector. The statue was returned by the collector through U.S. authorities after he realized it had been looted, Rossi said.

This strikes me as the more interesting announcement. It strikes me as odd, and is more indication of the means Italy has used to recover objects. They really have capitalized on this tide of repatriation from North America, and have secured a number of secondary returns, without having to resort to costly international litigation. The legal claims for this portrait, apparently illegally excavated in 1961, would have probably been expensive and time-consuming, and likely quit difficult. It is interesting the success Italy has had by eschewing litigation, and pointing out (rightly so) of the damage done to contextual information.

It seems a bit odd though that we do not learn of the collector, how she acquired the object, or who the dealer was who sold it. At a certain point, it may be worth asking the Italian authorities where all these recovered objects are going to be studied or displayed, and if these “repatriation exhibitions” will serve to decrease illegal excavation and export, or merely serve to display some drugs on the table. Perhaps this display does give heart to the authorities and heritage advocates, however these gains also provide other political benefits; and may provide an distorted image of the effectiveness of Italian and international efforts. After all, even well-known sites are being damaged in the heart of Rome.

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

Baghdad Museum: Five Years On

Without question the invasion of Iraq has produced tremendous theft from Museums, as well as illegal excavation. It has been five years since the Iraqi National Museum was ransacked. At the time, reports were too-quick to judge the damage, and many outlets reported that as many as 170,000 objects had been taken. As it turns out, present estimates indicate that perhaps 15,000 objects were taken, and of that number a still-disheartening half are missing. Plus, the museum itself still seems a long way from opening its doors.

Last week, at the National Press Club in Washington D.C. the University of Chicago’s Cultural Policy Center held a panel discussion, “Antiquities Under Siege,” to examine the ongoing situation in Iraq. The event is in conjunction with the publication of Antiquities Under Siege: Cultural Heritage Protection after the Iraq War, edited by Lawrence Rothfield. I haven’t yet had a chance to read this, but the work aims to look at went went wrong with the protection of Iraqi heritage, and what can be done better in the future. Also last week, there was an exhibition called “Catastrophe!” at the University of Chicago’s Oriental Institute Museum.

Setting aside the issue of whether the invasion was even an acceptable course of action, it seems to me a straightforward problem arose, which was entirely predictable. Looting of art and cultural sites is an inevitable outflow of armed conflict, and where the US and coalition forces did not have nearly enough troops to accomplish what they had intended, looting of all kinds occurred.

Below is a riveting interview with a couple of journalists, John Burns and Dexter Filkins of the New York Times. If you pick up the interview at just before the 40-minute mark, Filkins is describing the theft of Arabian horses on April 9, 2003 from the Iraqi Olympic headquarters right in front of American marines. There were only 7,000 troops policing an area where Saddam had had 250,000.

There’s another very interesting article in the Sunday Times by John Curtis of the British Museum who had conducted digs in Iraq in the past, and who flew to Baghdad on April 22 with reporters from the BBC:

Files, papers, index cards, photographs, films and computer software had all been swept off the shelves and onto the floor. It seemed that the intention had been to start bonfires, but fortunately this did not happen. All the safes in the building had been broken open. It was also clear that the intruders had broken into the storerooms, but at this stage nobody had been inside to assess the extent of the losses. There has been much speculation as to whether the looting that took place was spontaneous or organised – and who, precisely, was behind it. Theories have ranged from the involvement of Ba’athist loyalists, determined to cause maximum civilian unrest, to the connivance of international antique-dealers, requesting items to be stolen to order. Five years on, these questions remain unanswered. The whereabouts of looted material is also hotly disputed. There is clearly a black market in Iraqi antiquities, but where the pieces have ended up is not yet known.

The Baghdad museum suffered theft which has been well-documented, but a number of other sites have been damaged at the hands of coalition forces and looters, including the looting of a museum in Mosul, and the damage at Babylon. Coalition forces are finally now being educated and informed, but there is a continuous problem of widespread looting in more remote regions.

I think it is great that more attention is being paid to Iraqi Heritage at the 5-year anniversary. However this looting and theft will continue into the foreseeable future. Policing of sites is important, however that seems incredibly difficult given the security situation in the country. Perhaps we could continue to make sure the appropriate penalties are in place for buying and selling these objects as both the US and the UK have done; but the looting appears to be ongoing. Buyers all over the world seem inclined to buy these objects, and this demand will likely continue to make it profitable to steal objects and illegally excavate sites.

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

Friday Reading Recommendations

A few noteworthy articles have been published by The Fordham Journal of International Law (volume 31) via a symposium on cultural property. Many thanks to Gary Nurkin for passing these along:

Copyright (c) 2008 Fordham University School of Law Fordham International Law Journal, February, 2008, 31 Fordham Int’l L.J. 684, 2207 words, SYMPOSIUM: PERSPECTIVES ON CULTURAL PROPERTY & THE LAW: INTRODUCTION: NEW DIMENSIONS OF CULTURAL PROPERTY, Susan Scafidi*

Copyright (c) 2008 Fordham University School of Law
Fordham International Law Journal, February, 2008, 31 Fordham Int’l L.J. 690, 14197 words, ESSAY: NEW WAYS OF THINKING ABOUT CULTURAL PROPERTY: A CRITICAL APPRAISAL OF THE ANTIQUITIES TRADE DEBATES, Alexander A. Bauer*

Copyright (c) 2008 Fordham University School of Law Fordham International Law Journal, February, 2008, 31 Fordham Int’l L.J. 725, 6526 words, ESSAY: THIEVES OF BAGHDAD: COMBATING GLOBAL TRAFFIC IN STOLEN IRAQI ANTIQUITIES, Colonel Matthew Bogdanos*

Copyright (c) 2008 Fordham University School of Law Fordham International Law Journal, February, 2008, 31 Fordham Int’l L.J. 741, 16383 words, ESSAY: REPATRIATION OF THE KOHINOOR DIAMOND: EXPANDING THE LEGAL PARADIGM FOR CULTURAL HERITAGE, Saby Ghoshray*

Copyright (c) 2008 Fordham University School of Law Fordham International Law Journal, February, 2008, 31 Fordham Int’l L.J. 781, 15892 words, ARTICLE: THE FOREIGN SOVEREIGN IMMUNITIES ACT: USING A “SHIELD” STATUTE AS A “SWORD” FOR OBTAINING FEDERAL JURISDICTION IN ART AND ANTIQUITIES CASES, Lauren Fielder Redman*

There are no links on the journal’s website yet, and they don’t appear to be on SSRN so the only way to get these at the moment is probably via lexis/westlaw/hein online.

Another recommendation is the work of a fellow arts blogger who I’ve rediscovered recently when he started blogging again last autumn: Tom Flynn an art historian writes at Art Knows. Highly recommended.

Finally, I’ve added a few new bells and whistles to the blog at the left. One is a search box, which allows you to search this blog, the blogs I recommend, and the sites I’ve linked to. I’m still figuring out how to maximize it, but this has already really proved useful to me, hopefully others will as well.

Second, blogger has a great new blog list feature; I’ve included a list of blogs which I read often, with the title of the most recent post.

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

Stripping Trajan’s Forum

Trajan’s forum was built by the order of its namesake after the conquest (and the pillaging which ensued) of Dacia, which ruled parts of present day Romania and Moldova. The forum opened in 112 AD, and Trajan’s column was inaugurated a year later. Parts of the market and Trajan’s column remain.

However yesterday archaeologists in Rome said the Forum had been stripped of all the statue fragments and amphorae shards. An Italian reporter also carried away boxes of ancient artifacts without being challenged. Malcolm Moore has more in today’s Telegraph:

An archaeologist working at the site, who asked not to be named, said: “Everything has been taken from Trajan’s Forum. The close-circuit television cameras are pointless, and the gates are practically non-existent. Even a child could climb over them.

“The treasures of ancient Rome are very vulnerable, but there are lots of gaps in the security system of one of the most important archaeological areas in the world.” He added that he had often seen people in restricted areas, collecting keepsakes.

The newspaper blamed the 20 million tourists who pass through the city each year for the looting. “Who knows how many of these small fragments now adorn living rooms all over the world?” it said…

“This is an open-air museum,” said Eugenio La Rocca, the head of Rome’s cultural heritage authority.

“You have to bear in mind that we cannot cover every angle, especially since restoration work is going on. We cannot put bunkers of guards everywhere. If we did the whole of Rome would be a giant bunker.

“However, the area is closed off and the television monitoring system is connected to a cabin staffed by guards. It is also connected to the police.”

Recently the Italian authorities announced the recovery of 1.000 objects from Trajan’s Villa which had been stolen in 2002. Even policing known sites, in the middle of a city is difficult. The protest really points out the difficulty in this kind of heritage tourism. It brings tremendous economic benefits, but does have negative consequence, including disturbing sensitive areas, and also this kind of petty looting and taking. I’m not sure if the answer to this problem is more security, though that would certainly help. Perhaps what is needed is more public education about why this kind of taking is destructive, and damages these ancient monuments.

I wonder if perhaps these protests are too quick to blame foreign tourists. It seems possible Italians may want a piece of the forum as well.

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

Italian Police Seize 1,000 Artifacts… last year

The AP is reporting that Italian police have announced the raid of a wealthy Roman’s country home and the seizure 1,000 artifacts. It seems the objects had been stolen years ago in 2002 from one of Emperor Trajan’s villas. The suspect is not in custody, “The prosecutors declined to identify the suspect since authorities were still probing the theft, but said he was an affluent engineer who used the stolen artifacts to decorate his country home, inserting pieces of ancient Roman mosaics in his basement floor and decorating his fireplace and bathroom with other pieces.”

This is a depressing announcement for a number of reasons. First, why did it take so long for the announcement. Second, the thefts appear have been taken from a known site, which is only partially excavated. By all accounts this is an extremely important archaeological site. What kind of site security was in place in 2002? If the known sites cannot even be protected, how can unknown tombs and undiscovered sites be adequately policed. This highlights that though the antiquities trade is international, not every buyer of looted Italian antiquities comes from outside Italy, and in fact the looters are most often Italian. Finally, will there be no criminal charges filed? The wheels of the Italian justice system seem particularly slow.

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