July 26, 2016

Illicit Antiquities Trafficking an Ongoing, Organized Enterprise in Italy

This week, in the town of Teano, 30 kilometres northwest of Caserta on the road to Rome from Naples, the Carabinieri formally placed under investigation four individuals under suspicion of having committed a series of thefts “of historical interest” and then selling their stash onward via the illegal market.  In layman's English, the men were arrested for trafficking illicit antiquities and laundering them on via middlemen on to wealthy buyers.   The archaeological areas of Teano-Calvi have long been massacred for decades by tomb raiders without scruples.


One of those arrested was Emilio Autieri, a 65 year old registered nurse with Italy's Local Health Authority Service (Azienda Sanitaria Locale, ASL) which proves that even with a decent state pension, individuals can be coaxed into a world of illicit crime where money flows freely and behind closed doors.   He and 22 year old Antonia Pane have been placed under house arrest pending further investigation.   Massimo Aversano, 43 and 19 year old Domenico De Biasio have been released on their own recognizance with reporting conditions and restrictions to not leave the territorial area.

The investigation began in January 2016 following a not-publicized theft from the Archaeological Museum of Teano.  The case serves as a good example into the minds of criminals who receive, possess, conceal, store, barter, and sell, not just antiquity, but any goods, wares, or merchandise where there is a willing buyer willing to look the other way.

Following months of observation and chasing leads on various burglaries at private residences and shops, the Teano carabinieri conducted a series of wire taps and reviewed CCTV footage related to various burglaries.  This in turn lead them to execute search warrants which uncovered what appears to be a well structured group of organized criminals who moved objects via fences working in the archaeological sector who had a supply of buyers willing to turn a blind eye to the illicit origin of the pieces they purchased. 

During the July sting operation, authorities recovered and sequestered more than 200 historical objects; antiquities which initial examination appears to date from from as early as the 9th and 8th Century BCE to as late as the 1st and 2nd century CE. Law enforcement has estimated the value of the seizure to have a combined value of €500,000.00 on the illicit market. 

The objects  brought into police custody include various sculptures in terracotta, ivory carvings, marble architectural elements, terracotta amphorae, as well as Bucchero pottery, common in pre-Roman Italy.  The team also had a stash of votive statues, and various metal and stone objects, buckles, brooches and earrings.  Interestingly, authorities also seized stolen objects not of an archaeological nature.  This shows that the ring of thieves and fences, did not restrict their dealings to stolen goods solely from antiquity. 

video

Earlier, in March of this year, a well-respected surgeon, Domenico Bova from nearby Sessa Aurunca and Gerardo Mastrostefano, an attorney from the same town as this weeks arrests, were investigated for their own related involvement to this offence and receiving stolen archaeological goods after 33 ancient finds were confiscated from their individual residences. Along with them an unnamed fence was reportedly involved as the ring's middleman.  The investigation into these prior individuals coupled with this week's formal charging of four others seem to lend credibility that the zone continues to have weaknesses that in the past have made it well adapted to the trafficking of culture.

In January 2014 an ex capo and former Camorrista of the Casalesi clan turned justice informant, Carmine Schiavone, stated that the Camorra had infiltrated the cities of Teano, Vairano, Caianello and other areas in Alto Caserta.   Schiavone, prior to his death was a former member of the Casalesi clan from Casal di Principe in the province of Caserta between Naples and Salerno and a cousin of former Camorra superboss Francesco Schiavone.  Heavily entrenched in the clan's business, he could be considered a person well informed as to the illicit activities in the region.

Is this summer's heritage crime case localized to one small group of organized bandits or part of something more sinister?







July 20, 2016

ARCA's Postgraduate Program: From the Eyes of a 2016 Student - Part II


I’m not sure whether it makes more sense to say that we’re only halfway through with the ARCA postgraduate program or that we’re already halfway through with the program. On the one hand, we have had the good fortune of hearing from six expert professors and have covered all sorts of ground—academic and professional terrain alike—in the study of art crime: from heritage law to art insurance, from art policing to forgery, and from museum security to war crimes. We’ve practically memorized most of the UNESCO conventions at this point, we’re capable of sketching out the infamous Medici trafficking organigram at the blow of a whistle, and we’re all pretty used to having revenge-fantasy dreams about prosecuting certain museums with less-than acceptable collection ethics and repatriating all of their loot.

On the other hand, however, it feels like we’ve only just arrived in Amelia and that there’s still a whole lot more for us to learn in the coming weeks about cultural heritage protection. We’ve yet to encounter the international art market or art criminology head-on, and we’re not quite sure whether we believe the Spanish or the British are more entitled to Goya’s Portrait of the Duke of Wellington. Moreover, we still don’t know how we would actually steal the Ghent Altarpiece or Munch’s The Scream and this makes me wonder: can anyone really fashion him or herself an art crime expert without knowing how to pull off a major museum heist? It’s probably a good thing that we’re only halfway done with the ARCA program, but I’ll share with you what we’ve covered in the courses so far since we are, after all, already halfway finished with the program.  


Following Duncan Chappell’s course our studies shifted from the subject of art law to its not-too-distant relative, art insurance. Dorit Straus, art insurance veteran and board member at AXA Art, served as the instructor for this course. Straus has had a lengthy and exciting career with all sorts of cinematic turns and climaxes. Its major plot twist: Straus began her career studying Near Eastern Archaeology and only later in life migrated into the world of art insurance. For those of us trained in the humanities—which is to say, with little to no background in the fine arts market—Straus guaranteed a convenient point of entry into the study of art insurance. Pairing her formal explanations with fascinating anecdotes, Straus shaped and colored the art insurance industry with remarkable and stunning mastery. By the end of the week Straus had students map out the entire process of acquiring art insurance coverage in role-play exercises—a form of evaluation that was, I am sure, most entertaining for Dorit herself.

We then heard from Richard Ellis, founder of Scotland Yard’s Art and Antiques Squad, who covered lessons on the dark, seedy underbelly that is the black market. Ellis did a solid job explaining the ins and outs of INTERPOL and clarified the issues that police forces deal with in an event of art theft—issues that are quite distinct from the ones that insurers, collectors, or museums address. One of the recurring lessons that Ellis repeated over and over again was the importance of knowing one’s enemy.  Understanding the motives that animate an episode of art crime, Ellis stressed, is always integral to the investigation process. At the conclusion of his course Ellis held a charming cocktail gathering that was, I would hold, much needed after a tense week studying some pretty serious material.

ARCA founder Noah Charney took the reigns for our next course on forgery. Charney launched his weeklong course with an art history lesson in which students were asked to perform visual analysis on a set of Caravaggio paintings. This exercise offered an exciting opportunity for students to truly interface with the very objects that had been broached in previous courses but perhaps not formally or materially addressed. It was a delight to work through Caravaggio’s endlessly fascinating visual puzzles, and Charney’s thorough guidance and insightful explanations proved to be especially useful in our brief art historical investigation. The rest of the week was spent differentiating (conceptually) fakes from forgeries, discussing the psychological profile of art forgers, and reviewing some of the major historical cases that constitute Charney’s sector of the art crime world. With Charney still in town, ARCA held its annual interdisciplinary conference—an exciting three days of panel discussions that another student, Cate Waldram, will  be posting on in greater detail.

After a weekend of conference talks and cocktail parties ARCA students met with security pundit Dick Drent. Following 25 years in law enforcement, Drent joined the staff at Van Gogh Museum in the Netherlands and continues to provide security advising through his consulting group, Omnirisk. Though Drent’s energy and countenance might feel as formidable and high-stakes as his work, the Dutch professor’s instruction was often light and playful—much like the goofy videos he would screen at the beginning of class too lighten the mood, especially since his course covers everything from everyday threats to Active Shooter incidents.

At the end of Drent’s class students carried out a security audit at a museum. In this exercise students set out to observe surveillance cameras, security guards, museum layouts, fire prevention strategies, smoke detectors, alarm systems, and so on. The exercise gave ARCA students a unique opportunity to spend a day at a museum not admiring precious artworks but instead observing the very security systems that attempt to protect these objects.

At the conclusion of Drent’s course students delved headfirst into “Art Crime During War” with Judge Arthur Tompkins. Tompkins’ hefty lesson plans and near-impeccable knowledge of world history made for an information-rich crash course in our study of art crime during conflict. At the outset of his first lesson Tompkins traced the origins of art crime all the way back to the ancient world.

The looting of what might be anachronistically termed “cultural property” often went part and parcel with military combat and imperial campaigns in the ancient world—thus giving birth to the lengthy history of what we now study as art crime. Tompkins then traversed the entire chronology of war—passing through the Middle Ages and early modernity until reaching the late twentieth century—and identified the various renditions of art crime that have plagued nation-states and peoples during times of conflict. By the end of the course students were asked to submit a paper detailing one particular episode of art crime that took place in the midst of combat. Students wrote about everything from plunders during antiquity to more recent art theft in the Middle East to the destruction of libraries in the American Civil War. 

So there you have it! We have covered vast terrain in the world art crime and are already halfway experts in the field. I’ll get back to you with more storytelling and info when we’re only a few short steps away from calling ourselves full-on, to-the-core certificate-ready professionals!

By:  Christopher Falcone

July 13, 2016

Wednesday, July 13, 2016 - ,, No comments

“What light through yonder window breaks?” The Case of Corey Menafee and a stained glass window at Yale University

In history as today, vandalism is an act imbued with meaning and the gap between how heritage professionals react to deliberate damage of artworks and the perceptions of the agents of these changes and the groups they represent presents interesting food for thought.  


On June 13, 2016 a cafeteria worker, Corey Menafee, took a broomstick and smashed a historic stained glass window depicting two slaves picking cotton at Yale University's Calhoun College residence hall.  Confessing to the crime, he was arrested shortly thereafter.

Existing US criminal law does not distinguish art vandalism from vandalism in general and typically classifies the deliberate destruction of artwork under the general category of criminal mischief.  In Connecticut the offence falls under the state’s General Statutes § 53a-115a.  This law addresses persons who acted "with intent to cause damage to tangible property of another and having no reasonable ground to believe that such person has a right to do so, such person damages tangible property of another in an amount exceeding one thousand five hundred dollars."

As a result of his actions, Menafee was charged with first-degree criminal mischief, which is a felony, as well as second-degree reckless endangerment, a misdemeanor.  For his actions, under Connecticut law, Manafee faces up to five years in prison on the felony charge and up to two years of incarceration on the misdemeanor offense.  

Menafee apologised for his actions and subsequently resigned. 

The residence hall's namesake, John C. Calhoun, is significant in that he was a well known 19th century American statesman and political theorist from South Carolina who served as Vice President under John Quincy Adams and Andrew Jackson.  Calhoun was an outspoken supporter of slavery as well as an 1804 graduate of Yale University.  For years students concerned staffers alike have advocated against the name and imagery of the building, saying that it takes a heavy toll on all persons of color who live and work within the historic building. 

But despite the illegality of his actions, students, alumni and members of the New Haven community chose instead to rally around Menafee.  Taking to social media, they voiced their support for his actions and created a petition calling for all charges to be dropped. Other supporters established a GoFundMe account, set up to help him raise money for his defence.

Based on the sensativity of the issue, Yale University released a statement that it would not advocate for Menafee to be prosecuted and would not seek restitution for the loss of the stained glass artwork. 

Additionally, the destruction to the historic window led to a new review by Yale’s Committee on Art in Public Places of other historic windows in answer to petition created for the Yale administration which stated that artwork such as the window “conveys disrespect toward black perspectives, and serves a barrier toward racial inclusiveness.” 

On Tuesday July 12th Yale issued the following statement:

“After the window was broken in June, the Committee recommended that it and some other windows be removed from Calhoun, conserved for future study and a possible contextual exhibition, and replaced temporarily with tinted glass. An artist specializing in stained glass will be commissioned to design new windows, with input from the Yale community, including students, on what should replace them.”

Acts of violence against art such as these explore and challenge society’s ideas of what constitutes “civil disobedience” or “vandalism”.  It also exemplifies why we occasionally deem some crimes against art, such as the deliberate damage to symbolical art which records painful pasts, as acceptable, while other destruction is opposed as negative.

In today’s conflict-filled world, where war is no longer about conquering territory but about changing the perceptions of those under your control ancient statues and historic sites are mutilated or smashed because they are seen as pagan idols. In the past, deliberate attacks against statues depicting Saddam, Stalin and Lenin underscored the end of dictatorial regimes. Each of these examples show how society's interpretation the destruction of art can be a political symbol, and as such, as a weapon for change.  Each shows that art vandalism can be interpreted as positive or negative depending on the eyes of the beholder.

The broken window at Yale reminds us that context authorship and intention of the vandal often play an important role in how society perceives, interprets, accepts, rejects or adjudicates an criminal act deeming one as backward, another as revolutionary, or in the case of Yale's stained class, perhaps a wrong that long since needs to be righted.  It probes the concept of when art destruction is acceptable and when it isn't and forces us to rethink the ways that we interact with art and react to its power to shock or subdue.

By Lynda Albertson

Wednesday, July 13, 2016 - ,, No comments

DGAM Syria reports damage to the National Museum of Aleppo

The Directorate-General for Antiquities and Museums (DGAM)in Syria has issued a report with images showing recent damage to the structural integrity of the National Museum of Aleppo.  One of the images shows what appears to be a an improvised artillery device made from a propane cylinder. 


Known as a "hell cannon" these improvised explosives carry a range of approximately 1 mile/ 1.6 km depending on the payload it is firing and have been used by opposition forces during the Syrian conflict.  

The Mari display section at the National Museum of
Aleppo after the October 2012 car bombs exploded
in Aleppo city centre
In October 2012 four car bombs were reported as having exploded near the museum, injuring some workers and curators. Those earlier explosions caused notable damage to the museum's infrastructure. During the explosion, windows were destroyed, as was the artificial roof, a lighting system and some of the showcases.   At the time of the earlier incident, the museums collection was still housed within the museum. 






July 7, 2016

Thursday, July 07, 2016 - ,,, No comments

ISIS Releases Video showing its destruction of the Palmyra Museum's Artifacts.

ISIS has released a new "heritage snuff" video that shows its destruction of the Palmyra Museum's Palmyrene funerary portraiture as well as desecration of the museum's mummies which DGAM personnel had stored in a protective bricked-sealed enclosure at the museum prior to ISIS overtaking the city in May 2015.


The 57 second video shows militants lifting funerary reliefs from shelving and dropping them forcefully onto the floor.  Other historic artifacts are subjected to repeated blows with sledgehammers, filmed for cinematic effect. 


More disturbing however is the footage of the desecration of human remains that had once been stored on exhibit within the museum.  Lined up on a sandy street in Tadmur, the mummies were crushed with what appears to be a heavy military vehicle. 


On display at the Palmyra museum since August 4, 2005 thanks to a Japanese grant and the efforts of archaeologists from Italy and France who helped extract them, the mummies of two men and two women were originally found wrapped in many layers of cloth in the Palmyra valley.  Well preserved, they provided a fascinating glimpse of the area's funerary practices during the first and second century C.E.  Given their age, they were considered to be a cultural and biological patrimony of inestimable value for the Syrian city.      

Italian archaeologist Professor Paulo Matthiae once compared the find of the mummies to those found in Egypt. In a book on the ancient Syrian city of Ebla, Matthiae states

"The valley of the tombs of Palmyra is one of the most wonderful places of the region of antiquities in the Graeco-Roman world like the most famous tomb valleys in Egypt." 

ISIS considers worshipping or mourning at grave sites to be equal to idolatry and have often destroyed burial sites throughout areas under their control.

July 5, 2016

Mediation over Litigation: Looted antiquities to come back to Italy from the Ny Carlsberg Glyptotek

Like the world's ambassadors who serve as official envoys, promoting good relations between countries, cooperation between archaeologists, state attorneys, cultural ministries and museums, in furtherance of the return of plundered antiquities, sometimes serve as strange bedfellows in strengthening reciprocal relationships through acts of of cultural diplomacy. 

Over the last eight years the Italian government has successfully brokered repatriations with American museums including the Metropolitan Museum of Art in New York, the J. Paul Getty Museum in Los Angeles, the Boston Museum of Fine Art, and the Cleveland Museum for the return of looted antiquities.  But up until yesterday, finding a way to achieve the same results with the internationally acclaimed Ny Carlsberg Glyptotek, an art museum in Denmark's capital of Copenhagen, had proven anything but fruitful. 

At the heart of the Italian's case, started in 2008, is a calesse, an ornate parade wagon and other funerary objects that date back to the early seventh century B.C.E.,  The funerary objects, long on display at the Glyptotek, came from the looted tomb of a Sabine prince, laid to rest within the Colle del Forno necropolis.  


The Glyptotek purchased the funerary objects in 1970 via Swiss dealer, Robert Hecht, just before the UNESCO 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property entered into force. As can be seen from the letter between the museum's then management and the tainted dealer, its easy to see that those who agreed to the antiquities' purchase had more than a vague idea of the illicit nature of the material being purchased during the transaction. 
A letter from Robert E. Hecht to former Glyptotek director Mogens Gjødesen
dated 1970.  In the letter, Hecht speaks in code using the word 'children' to
describe the archaeological finds from the prince's tomb he plans
to send to Copenhagen. 
In 1970 Hecht worked closely with Giacomo Medici, the now well known Italian antiquities smuggler and art dealer who was convicted in 2004 of dealing in stolen ancient artifacts.  Medici and Hecht laundered Italian cultural property through museums all over the world.

Glyptotek ledger from the late 1970s
show deals with Giacomo Medici
and Robert E. Hecht. 
But after protracted negotiations, some civil, some bitter, the objects that make up the princely tomb from Sabina will now be returned to Italy starting in December of this year and concluding by the end of 2017.  In exchange, the Italian authorities have agreed to provide the Copenhagen museum with long term loans "of significant tomb discoveries from Italy which on a continuous, rotating basis will be featured in the Glyptotek’s forthcoming, large-scale, new exhibition of the whole museum’s collection of antiquities."

The complete joint statement of the agreement between the Italian Authorities and the Ny Carlsberg Glyptotek can be read in English here and in Italian here. 

The first loaned objects will arrive in Copenhagen in November 2018. The grouping will be composed of artifacts from the ’Tomb of the silver hands' from the Vulci Museum as well as additional votive objects from the necropolis of Capena, Crustumerium and Fidene.

At the time of the announcement, ARCA spoke with Stefano Alessandrini, a consultant to Italy’s public prosecutor’s office who has been working intensively on this case and other Medici and Hecht identification and repatriation cases throughout his career.  Overjoyed with the accord,  he said "finally, after years of work, negotiations, disappointments and hopes rekindled, a great success has been accomplished in the name of Italy's ‘cultural diplomacy.’ I am proud to have been part of this team".  

Alessandrini went on to add that after eight years of sometimes stormy negotiations, the cities of Sabina, Cerveteri and Pyrgi can now, at last rejoice. Speaking of the difficulty in finding an accord that satisfied all sides, Alessandrini praised the work of Italy's antiquities prosecutor, Maurizio Fiorilli, Jeanette Papadopoulos of the Ministry of Cultural Heritage and Activities and Tourism and State Prosecutor Lorenzo D’Ascia for their work during the mediation process with the Copenhagen museum.

Alessandrini also praised the Comando Carabinieri Tutela Patrimonio Culturale who, under General Conforti, uncovered the extent of the Medici - Hecht network which ultimately led Italy to successfully bringing these objects home. 

But even as the Glyptotek has agreed to return the funerary artifacts from the tomb at Colle del Forno,  the calesse remains woefully incomplete. 

Paolo Santoro, the archaeologist who led the original licit excavations at Colle del Forno in the 1970s reminds the world, 

"There are other elements missing, who knows who bought them?"

By: Lynda Albertson

July 4, 2016

Christie's withdraws Lot 52 an Attic Black-figured Neck-Amphora, attributed to the Bucci painter, suspected of being looted

Ahead of Christie’s London July 6th sale, an Attic Black-figured Neck-Amphora, attributed to the Bucci painter, has been withdrawn from the firm's antiquities auction after forensic archaeologist Christos Tsirogiannis notified ARCA, trafficking scholars and the requisite police authorities (DS Hutcheon, Head of Scotland Yard's Art and Antiques Unit, the Greek police Art Squad, and INTERPOL) of a positive match.

Lot 52 pictured here is believed to date to Circa 540-530 B.C.E. and was apparently being sold  by a private unnamed collector, according to the auction house’s publication. While the auction house’s records list the provenance as having been acquired Los Angeles art market, prior to 1996 and to having come from a private collection in the UK, Tsirogiannis uncovered a potentially problematic past reported Saturday in an earlier blog post on the association's pages. 


Since 2003, it has been a criminal offence to deal in "tainted cultural objects", punishable by up to seven years in prison.  This is the fourth object in Christie's portfolio that Dr. Tsirogiannis has identified as likely being plundered in 2016. Two items identified in the April 12, 2016 sale were withdrawn.  A fourth item, a Roman stone mosaic panel with an estimated sale price of $200,000 - $300,000 was not withdrawn and sold for $545,000. 


July 2, 2016

Once Upon a Time, a (possibly looted) bearded warrior wearing a short white tunic

Forensic Image I
On January 31, 2007 Christos Tsirogiannis participated as a forensic archaeologist in a raid by the Greek police's Art Squad on a house in Karavomylos, a picturesque beach village in the Fthiotida region, between Boiotia and Thessaly. The house was registered in the names of two brothers, both of whom were the nephews of the former Zürich-based Greek antiquities dealer Frieda Tchakos.  Tchakos, who also goes by the name Frédérique Marie Nussberger-Tchacos, as well as by Frida Tchacos Nussberger, once oversaw the now liquidated Galerie Nefer AG and was once a member of the International Association of Dealers in Ancient Art (IADAA).

Earlier, in 2002, Italian prosecutor Paolo Giorgio Ferri had put out an international arrest warrant for Frieda Tchacos-Nussberger  in connection with antiquities laundering.  She was later arrested in Cyprus in connection with a seperate unrelated antiquities theft.

An overview of several of the cases of looted antiquities that have been repatriated to Italy involving the Tchakos network have been discussed in the Medici Conspiracy (e.g. Watson & Todeschini 2007:194-195, 227) and in “From Boston to Rome: Reflections on Returning Antiquities”, International Journal of Cultural Property 13. As part of a deal between Tchacos and the Italian authorities, Frieda Tchacos was given a light sentence.

Looking closer at what was siezed.

During the Greek 2007 raid not only were numerous ancient Greek and Egyptian objects found and confiscated in accordance with Greek Law 3028/2002 on the Protection of Antiquities and Cultural Heritage in General but also photographic images, some of which depicted antiquities not found in the local raid and likely of similar, dubious origin.

Given the brother's familial ties to the former operator of Galerie Nefer, known to have handled tainted illicit antiquities from Greece and Italy and for its having been associated with names like Robert Hecht, Gianfranco Becchina, Robin Symes, Christo Michaelidis and Raffaele Monticelli, the photographs provided investigators with evidentiary support that there were additional, potentially-laundered ancient artifacts already in circulation elsewhere within the world's thriving antiquities art market. 

Forensic Image II
Two of the images seized during the raid and provided to ARCA by Dr. Tsirogiannis depict an Attic Black-figured Neck-Amphora, a lidded vessel used for the storing wine and other commodities.  Forensic Image I, pictured in the blog post above, is likely a professional dealer's inventory photo.  It has been shot on an aesthetically pleasing neutral background in order to clearly emphsaize the side of the amphora which depicts a bearded warrior and his facing attendant.

The second photograph, Forensic Image II, has been cropped for confidentiality, but shows the forehead of one of the two brother's who owned the property connected to the Karavomylos raid.  In the background, the same Attic Black-figured Neck-Amphora, is pictured sitting high on a white display shelf behind the man's head.

Fast Forward to 2016

Tsirogiannis has notified ARCA and the requisite police authorities (DS Hutcheon, Head of Scotland Yard's Art and Antiques Unit, the Greek police Art Squad, and Interpol) that he has made a positive match of the photographed amphora to Lot 52 in the forthcoming antiquities auction by Christie's London office.  The amphora is scheduled to come up for bidding on July 6, 2016. 


The Auction houses website describes the object as being an "Attic Black-figured Neck-Amphora attributed to the Bucci painter, Circa 540-530 B.C." and gives a detailed description of the vase's imagery and dimensions along with an extremely modest suggested sale price for a vase of this age. 

Under provenance, the auction house lists the following information:
  • Los Angeles art market, prior to 1996. 
  • Private collection, UK.

It is interesting to note that there is no mention of the object being connected to any of the members of the Tchakos family, neither Zürich-based Greek antiquities dealer Frieda Tchakos or either of her two nephews who at the time of the 2007 seizure in their Greek home, were reportedly living in London.

Shouldn't the galleries and collectors which likely held the work on consignment be listed?

Does the current vase's owner have potential liability if the provenance provided to the auction house or to the future buyer turns out to show that key passages in the vase's history were omitted by someone connected to the sales process?

The collection history (sometimes referred to as provenance) of an object is an important factor in determining its authenticity, but equally important, as is the case with antiquities, it is an important indicator of the licit or illicit nature of the object's discovery and acquisition.  

Conscientious and ethical antiquities collectors should be able to rely on the information provided by sellers.  But as this auction clearly demonstrates, an object's reported collection history doesn't always accurately reflect whose hands an antiquity has past through. 

When details of an objects past are omitted, by an owner, by an antiquities dealer or by an auction house, either intentionally or accidentally, we continue to churn trafficked antiquities through the legitimate marketplace allowing collectors to buy and sell pretty things, conveniently claiming ignorance and clinging to the negligent “don’t ask, don’t tell” approach of the past. 

By Lynda Albertson


June 13, 2016

This blog post is the first in a series that will written by our 2016 interns, which will describe the various weeks of ARCA's academic programming this summer.

Hello! My name is Chris and I’m a 2016 ARCA student and intern. I’m here to update all you art crime followers and fanatics about the goings-on at our summer program in Amelia. It’s been a hectic and explosive week with student arrivals, our first course, and even a field class in Cerveteri. This week we’ve discussed everything from Australian aboriginal skeletons to ancient Etruscan tombs to the trade in human remains. In fact, after dealing so much with bodies and burial grounds I think we, the exhausted students of ARCA, are starting to feel a bit like human remains ourselves. Fortunately, we have the weekend to rest, recoup, and prepare for our upcoming course on art insurance. But before that, let me recap our first week and share some of the excitement that coloured (quite literally) our first week in Amelia. 

Banditaccia, Cerveteri's Etruscan Necropolis
Last Friday was arrival day for most students. The majority of the afternoon was spent settling into student apartments and houses, all of which are scattered across this enchanting, medieval town. Some students will be living in the town’s Palazzo Farrattini, an impressive Renaissance-era building replete with a charming atrium, a picturesque swimming pool, and even a Salon of Sangallo. Other students are perched at the highest point in Amelia, just a stone’s throw away from the town Duomo, with a vista of the Umbrian countryside that can only be partially captured in the many photographs that we have all taken.

On our first night a cocktail party was held at La Locanda, a restaurant whose vaulted ceilings and glass floor displays—which exhibit the town’s ancient Roman streets—take the concept of dining in a “historic” eatery to the next level (or many levels.) This event gave students the opportunity to introduce themselves to one another and meet ARCA’s committed CEO, Lynda Albertson. If this meet-and-greet aperitivo made anything clear I think it’s that the ARCA student body is perhaps one of the most geographically, culturally, professionally, and generationally diverse groups you can get in a single academic program.

This year’s roster boasts participants from Australia, New Zealand, Yemen, Syria, Iraq, India, Canada, the Netherlands, and the United States. Some students have served as museum directors while others have worked in journalism, and many are just newly minted college graduates eager to learn more about (and contribute to) the field of cultural heritage protection. The fact that ARCA attracts such a diverse group of participants means that there should be a good deal of cross-pollination in disciplinary knowledge this summer.   

On Sunday Amelia held its annual Corpus Domini festival, an event that summons residents to participate in the decoration of the town’s streets. Amelia locals and ARCA students alike spent the better portion of the morning sketching emblems and insignia with chalk and coloring these designs with flower petals, coffee grounds, and wreaths. By mid-morning it looked as if city’s otherwise greyish-brown cobblestone streets had mutated into rainbow carpets—a truly stunning sight.

A church processional marched through the town’s main corridor, the Via della Repubblica, and a short service was held outside the Chiesa di San Francesco. Following a short bit of prayer and song, a ceremonial sweeping of the streets cleared the town of its colorful costume, though some remnants of chalk dust stuck to the cobblestone and remained even days after the conclusion of the Corpus Domini festa.   

The following morning students made their way to Sala Boccarini for the first day of Duncan Chappell’s Art and Heritage Law course. At the outset of class Chappell reviewed some his experience in the field of law and criminology—a lengthy and quite intimidating list of compelling professorial posts, research projects, field work, and accolades. The shear quantity of academic and professional experience that Chappell holds certainly percolates into his dynamic teaching style.

Throughout the first couple days of class Chappell covered the vast terrain of art law, touching upon major international conventions and smaller-scale cases unique to individual nation-states. Students had the fortunate opportunity of completing a reading assignment authored by the professor himself. In his fascinating (though eerie) article, Chappell charts out and describes the online trade in human remains and identifies the sellers and buyers who constitute this niche market. This article will serve as a prompt for the course’s final assignment, wherein students will carry out investigations into a particular online antiquities market. ARCA students will be looking into all kinds of internet trade: from the sale of murder memorabilia to space artefacts to taxidermy to “faux-bergé” eggs. 

Mid-week the course was interrupted for a field class to Cerveteri's Banditaccia Necropolis. Stefano Alessandrini, a fervent archaeologist who has done much work to repatriate stolen Italian antiquities, guided ARCA students through Cerveteri’s ancient Etruscan burial mounds. This awe-inspiring complex is peppered with grassy tumuli, ancient streets, and cold, tufa stone tombs which bespeak the organized burial practices of the Etruscans.

In addition to recounting the rich history of the Etruscans, Alessandrini discussed the major security glitches that threaten the necropolis and reported on some of the recent looting events to which the site has fallen prey. Chatting with Alessandrini and hearing about these attempted thefts gave much purpose—not to mention “real world” substance—to the readings and classroom work that we’ve been doing at ARCA.

It was a special opportunity entering these tombs and admiring millennia-old architecture. The English novelist D.H. Lawrence, commenting on his visit to the Etruscan necropolis, observed that, “there was a stillness and soothingness in all the air, in that sunken place, and a feeling that it was good for one’s soul to be there.” Our trip to Cerveteri was no doubt a nourishing one, and I think many of us in the ARCA crew would echo Lawrence’s sentiment.

That’s it for this week! I look forward to sharing more after a week with Dorit Straus! 

--Christopher Falcone, ARCA 2016




May 14, 2016

Heritage Destruction in the Mediterranean Region

By Guest Editorial: Joris Kila, PhD
Cultural Adviser, The Hague Senior Researcher
Kompetenzzentrum Kulturelles Erbe und Kulturgüterschutz,
University of Vienna

This article is being released online in advance of publication in the IEMed Mediterranean Yearbook 2016 print issue. (www.iemed.org/medyearbook)

All over the news we see cultural property, the legal term widely used for cultural heritage, often connected to the cradles of civilisation, being damaged, smuggled and abused. Currently much devastation is taking place in the Middle East and North Africa (MENA) region, more specifically the Mediterranean area, e.g. Syria, Iraq, Libya and Egypt. Within the size limitations of this article I will indicate some problems, causes and possible solutions regarding safeguarding cultural property. These examples will hopefully stimulate discussion, research and a more pro-active approach towards short and long-term solutions.

Problems and Deficiencies

Because of recent conflicts and upheavals, some of which are ongoing, substantial parts of the world’s cultural resources, which are not just artworks but also containers of identity and memory, have been lost or are under threat. In modern asymmetric conflicts, cultural property protection (CPP) is a complex and serious issue due to the variety of stakeholders with unbalanced interests, its multidisciplinary character and the potential sensitivity of heritage issues, which is often connected with local, national or religious identities. 

Since institutionalised CPP emergency activities as mandatory operations under national and international law are virtually absent, a small number of cultural experts, often acting as concerned private individuals without funding, took matters into their own hands to give a good example for official CPP institutions. This resulted in a modest number of relevant and innovative activities like undercover on-site emergency assessments and engagements with military stakeholders resulting, for instance, in cultural no-strike lists, as was used in Libya in 2011 and the development of CPP doctrines for military operational planning (Kila & Zeidler 2013, Kila & Herndon 2014).

Notwithstanding this, CPP should no longer be taken care of solely by the purview of this small group of concerned people. Phenomena like using cultural property to finance conflicts, iconoclasm, military aspects, CPP and global security, strategic communication (parties as protectors or destroyers of culture) and conflicting interests of old and new stakeholders need structural research and organisation. Furthermore, the links with identity, counterinsurgency, transnational organised crime and illicit trafficking, including its related transnational finance flows, heritage as a resource for local development and the overlap between cultural and natural resources need attention. Worldwide cooperation is also dependent on new stakeholders like military organisations, crime experts, tourism organisations and cultural diplomats. 

Although legal frameworks for heritage protection appear in place (e.g. The Hague 1954, the Rome Statute 1998), today’s state of cultural property in conflict areas clearly illustrates that the effectiveness of policies and strategies (to be) implemented by institutions tasked with CPP in the event of conflict are insufficient. Most institutions seem to lack pro-activity and tend towards bureaucratic and risk-avoiding behaviour (Wilson 1989, Kila 2012. Kila, Zeidler 2013). The latter relates to (over) politicising heritage because of sensitivity caused by identity, religion and economic issues. Consequently, essential developments concerning the changing status of heritage, its economic value, heritage protection as an instrument in counter-terrorism denying the enemy financial means to prolong a conflict and legal developments, e.g. the criminalisation of offenses against cultural property in international criminal law, are not studied in a coherent transdisciplinary context.

Organisations themselves claim lack of funding as a major reason for their indolence. In the meantime devastation continues, whereas the international cooperation, coordination and research that should drive transdisciplinary, interagency and emergency endeavours, as well as the necessary funding, is either lacking or misspent. In this context a recurring misconception is that although protection of heritage is important, aid to those in need because of conflicts and natural disasters should have priority. This line of argument does not hold water because one does not exclude the other. CPP and humanitarian aid are substantively and financially separate. No funds are withdrawn from monies allocated to humanitarian disasters when heritage is protected.

Europe and CPP

One could say that CPP including combating illicit trade in artifacts is not the specific capability of the EU. Certainly it is not stated per se in the treaties, but it does fall within several areas of EU competence. Examples of this are the internal market, freedom, security and justice (AFSJ) and culture along with common foreign and security policy (CFSP).

The EU probably has no CPP expertise capability but there are experts that can provide  knowledge on this. Stakeholders like NATO*,  Europol, INTERPOL and the International Criminal Court, all based in Europe, share identical problems (lack of cultural expertise and funding), so potentially this burden can be shared making it less costly and more efficient. An example: a potential step forward was made by creating the EU CULTNET,** in  theory a platform for networking, expertise and knowledge sharing. 

In 2015, the EU Parliament called on Member States to take necessary steps to involve universities, research bodies and cultural institutions in the fight against illicit trade in cultural goods from war areas. Instead of just calling the usual re-active institutions, and in an attempt to really act without delay, a task force including cultural experts with proven track records and strong networks is highly advisable. Such an entity can be created at short notice to provide expert advice for all stakeholders. Simultaneously Europe should start coordination, research and education regarding CPP and the implementation of (legal) instruments to safeguard cultural property.  Currently the  United   States  do more  than  Europe,  and unfortunately there is little cooperation with them on this topic; maybe this will change when Europe follows in taking responsibility for CPP in the context of conflicts.

The Mediterranean Region

Cultural heritage can suffer from multiple types of damage and offences related to conflict. Typical examples include collateral damage, vandalism, encroachment as part of development, iconoclasm and looting. In Libya and Syria all these phenomena occur simultaneously; Syria is already seriously affected and Libyan heritage is, for the most part, still under threat. 

Moreover, we should consider that, according to several sources, substantial numbers of artefacts looted and smuggled out of the Mediterranean region are likely hidden in secret depots. These will enter the market in the future. As the NY Times put it: "Long-established smuggling organizations are practiced in getting the goods to people willing to pay for them, and patient enough to stash ancient artifacts in warehouses until scrutiny dies down. ***

Some Case Examples

Syria

Many important sites, libraries, archives, churches and mosques in Syria were destroyed in 2015. All warring parties are guilty of devastation and illicit trade, but  IS  drew  the  most  attention. We all remember images of temples and graves in Palmyra being blown up by IS, not to mention the execution of Palmyrian archaeologist Khaled  al-Asaad in August 2015.

In Syria, we see the return of iconoclasm driven and legitimized as an excuse for eliminating perceptions of  heresy  as well  as the  'recycling' of antique monuments  originally  built  for defense, like Krak de Chevaliers, Palmyra's Fakhr-al-Din al-Ma'ani Castle or the destroyed Temple of Bel. Iconoclasm is not only directed at immovable heritage but also at written heritage making manuscripts and books equally at risk. 

The majority of today's warring parties are guilty of destruction intentionally or by accident while disregarding cultural  property's protected status under (inter)national laws. The increase in looting and illicit traffic of cultural property, the revenues from which are used to finance conflicts, implies that CPP can be a military incentive (force multiplier) denying the enemy the means to prolong a conflict. 

CPP should therefore be part of military operational planning processes (OPP). NATO could play a role in this, helped by cultural experts, by supplying CPP doctrine planning models to Member States. The ICC should investigate possibilities of prosecuting cultural war crimes in Syria through international criminal law and certain treaties that give the ICC jurisdiction in Libya. Cultural expertise is needed for organizations like the ICC and, therefore, funding has to be in place.

Libya

Present-day Libya is divided in two parts controlled by two rival 'governments ': in Tripoli and (recognized internationally) Tobruk. Negotiations are taking place under supervision of the United Nations to unite the country again. The latest news is the announcement of a new government of national accord temporarily based in Tunis. The Department  of Antiquities  in Tripoli is still active (January 2016) and has made urgent demands for international help in order to assess the nature  of the  threats  against  Libyan heritage in situ and to find simple and cheap solutions. 

Libya has five UNESCO World Heritage sites: the ancient Greek archaeological sites of Cyrene; the Roman ruins of Leptis Magna; the Phoenician port of Sabratha; the  rock-art  sites  of  the  Acacus Mountains in the Sahara Desert; and old Ghadamès, an oasis city. 

Sites like Leptis Magna are out in the open and exposed to all kinds of threats, especially theft and urban encroachment. The Benghazi area suffers from a lack of security, and Cyrene is not only threatened by looting, but  also by (illegal) commercial developments destroying precious heritage. 

At the end of 2015, pro-ISIL militants took temporary control of part of the town of Sabratha to free members seized by a rival militia. Libya's anti- government Islamic militants have aligned with IS and are active in the surrounding areas of Sabratha, which people fear will fall victim to iconoclasm and looting. 

Iconoclastic attacks have already taken place against Sufi tombs and mosques, amongst others, in Tripoli. Several international structures and organizations exist that could and should deal with CPP in Libya but they are not doing so (effectively) because they are (or feel) restricted often by their own governments, due to possible political implications.

Conclusions

Cultural heritage abuse and destruction are rampant. Old phenomena like iconoclasm are back in strength. Iconoclasm arose in Europe in the iconoclastic rage of 1566 in which the Calvinists destroyed statues in Catholic churches and monasteries. Apart from being driven by religious motives, the destruction of antiquities and cultural objects of heritage in the Mediterranean region seems to be used as a modern form of psychological warfare. Attacks on cultural heritage also show elements of cultural genocide and, as acknowledged by the United Nations, war crimes or even crimes against humanity.

Monuments and cultural objects stand for the identity of groups and individuals. lf you want to hurt a society or a nation at its heart or erase their existence from historical memory, then their cultural heritage is a grateful prey. The main concern is that there is presently no operational protection system being implemented based on international cooperation and coordination. Legal obligations and sanctions are not sufficiently implemented and enforced - for instance, cultural war crimes should be prosecuted by the International Criminal Court.  

Can we stop the destruction of our shared cultural heritage in the Mediterranean area? 

This is hard to say, but we, especially Europa, should now, more than ever, resist the dismantling of our shared identity and become pro­ active.

--Mr. Kila will be speaking at the Saint Petersburg Institute of Oriental Manuscripts Conference: "Facing the Chaos. Tangible and Intangible Heritage Protection in the XXI century" on May 19, 2016.




* Military organizations especially NATO do not have CPP expertise nor are they hiring experts to educate the military and to bring CPP into operational planning doctrines.
** Council Resolution 14232/12 of 4 October 2012 on the creation of an informal network of law enforcement authorities and expertise competent in the field of cultural goods  (EU CULTNET).
***Source www.nytimes.com/2016/01/10/world/europe/iraq-syria-antiquities-ielamic-etate.html?_r=O accessed on 20 January 2016. 

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References

KILA J. and HERNDON C. "Military  involvement  in Cultural Property Protection: An Overview by Joris Kila and Christopher Herndon" in Joint  Forces Quarterly, JFQ 74, 3rd Quarter 2014 July 2014.

KILA J. and ZEIDLER JA "Military Involvement in Cultural Property   Protection   as   part   of   Preventive Conservation'  In   Cultural  Heritage in  the Crosshairs: Protecting Cultural Property during Conflict, Kila, J. and Zeidler, J. (Eds), Leiden­ Boston 2013. Conclusion, Joris D. Kila and James A. Zeidler ibid. Pp. 9-50 and Pp.351-353.

KILA J. Heritage under Siege. Military implementation of  Cultural  Property Protection following the1954 Hague Convention Leiden-Boston 2012.

WILSON J. Bureaucracy. What Government Agencies Do and Why They Do it, New York, 1989.