The Associated Press reported this week that five important works stolen from the Museum of Modern Art in Paris in 2010 may have been destroyed. This work by Léger was apparently stolen to order, and in his zeal to capitalize on his time in the museum, the thief managed to make life considerably more difficult for his alleged co-conspirators because he stole some more very notorious works which only served to attract more attention from the authorities.
At a trial in Paris, one of the defendants, Yonathan Birn, claimed to have destroyed the works after fears that the investigation into their disappearance would lead to him.
The International Criminal Court may be on the verge of dramatically increasing the profile of cultural heritage crimes. Perhaps even ushering in a new era of thinking about international criminal law’s role in the destruction of cultural heritage.
This potential shift comes with the announcement that the ICC will prosecute Ahmad al Mahdi Al Faqi for alleged war crimes violations in intentionally directing attacks against religious and historical monuments in Timbuktu. The offense alleged, in Article 8 (2)(e)(iv), charges him with war crimes. Specifically, he is charged with directing attacks against mausoleums and the Sidi Yahia mosque in the city. ICC prosecutor Fatou Bensouda said in a statement:
The people of Mali deserve justice for the attacks against their cities, their beliefs and their communities. Let there be no mistake: the charges we have brought against Ahmad Al Faqi Al Mahdi involve most serious crimes; they are about the destruction of irreplaceable historic monuments, and they are about a callous assault on the dignity and identity of entire populations, and their religious and historical roots. The inhabitants of Northern Mali, the main victims of these attacks, deserve to see justice done.
Matt Brown, writing at Opinio Juris argues the decision by the ICC prosecutor should be seen as a watershed moment:
This news is an exciting development in efforts to enhance protection of cultural heritage and bring the perpetrators of cultural attacks to justice. At the same time however, it throws up many more questions about the broader definition of ‘culture’, victim participation in cultural matters, and whether this could give the Court a unique opportunity to tackle an issue of growing importance in international law.
This week sees the beginning of the trial of José Manuel Fernández Castiñeiras, an electrician accused of stealing the 12th century illuminated manuscript from the Basilica of Santiago de Compostela. The Codex was taken in July, 2011 and was recovered a year later in the garage of Castiñeiras.
The Codex contains illuminated sermons, music, descriptions of the pilgrimage on the Wa;y of St. James in Galicia in Spain. It is written in Latin, and Christopher Hohler the latin is intentionally bad, so that the text serves as a kind of grammar book. Even in the 12th century it seems students needed a lively picture and satire to get them to learn it seems. Writing in 1972 Hohler wrote that anyone used to reading 12th century Latin (which I am most certainly not) will: Continue reading “Trial Begins for the theft of the Codex Calixtinus”