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Showing posts with label Judge Arthur Tompkins. Show all posts
Showing posts with label Judge Arthur Tompkins. Show all posts

November 25, 2011

New Zealand: Summer Intensive course – Art Crime during Armed Conflict

Hamilton, New Zealand
Down in New Zealand, 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”.

The course can be taken for credit by enrolled students (in which case, email eileens@waikato.ac.nz for enrolment details), or as a non-credit course by anybody – in this case, the course cost is a very reasonable NZ$215 (at current exchange rates, equal to about US$160, or €120). To enrol as a continuing education participant, go here or email nyree@waikato.ac.nz .

The Course will be taught over five days, from 13 – 17 February 2012 (which is high summer in the Southern Hemisphere!), on the campus of the University of Waikato at Hamilton, New Zealand. The city of Hamilton is situated in a verdant dairy farming region of New Zealand, known as the Waikato after the great river that flows through the province, (and amongst many other attractions is located within an easy 40 minute drive of the location for the filming of J R R Tolkein’s The Hobbit. Tours of the extensive, and fully rebuilt, Hobbiton film set can be arranged at http://www.hobbitontours.com/).

Judge Tompkins
The Course’s developer and presenter is Judge Arthur Tompkins. Judge Tompkins developed the course for ARCA’s Postgraduate Certificate Program in International Art Crime and Cultural Heritage Protection Studies, offered each year at Amelia in Umbria, Italy, and has taught the course there in 2010 and 2011. He will be returning to teach the course again in 2012.

During the first two days the course covers about 2000 years of history, from the sack of Herod's Temple in Jerusalem by Titus in AD 70 through to art and cultural heritage crimes committed during the recent wars in Iraq and Afghanistan, and very many instances of art and cultural heritage crime during times of war in between - including the Fourth Crusade, the Thirty Years' War, Napoleonic and Imperial France, and the First and Second World Wars.

On the third day, the course covers the fate of several famous libraries destroyed or displaced by war - including the Library at Alexandria, destroyed on several occasions starting with Julius Caesar's sending of fire ships into Alexandria Harbour in 48 BC, the removal of Library of the Palatinate (carried over the Alps from Heidelberg to the Vatican on the backs of 200 mules in the early 17th century), the destruction of the Library at Louvain in the First World War and likewise the devastation of National Library during the Siege of Sarajevo in the 1990s.


Waikato University
On the last two days the international and private law response to such crimes will be covered, beginning with Cicero's prosecution of Verres before the Roman Senate in 70 BC, through to Grotius' Laws of War, the Leiber Code, and on to the Hague Conventions of 1907 and 1954. The two main hurdles in the way of private claimants seeking to recover looted art - Limitation Periods and the differing responses to the bona fide purchaser - will round out the last day of the course.

Throughout the course, the lectures will consider numerous case studies, and the lectures are copiously illustrated by accompanying and extensive Powerpoint presentations. Copies of these will be distributed to all participants, along with a detailed Course Outline and Bibliography.

For more information, email eileens@waikato.ac.nz (for course-credit enquiries), or nyree@waikato.ac.nz (for non-credit enquiries).

November 19, 2011

New Zealand: Prison Term Begins for Thief of National Army Museum

by Judge Arthur Tompkins, ARCA Blog New Zealand Correspondent

Yesterday, Friday 18 November, in New Zealand one of the more prolific and long-lasting insider thieves in New Zealand’s cultural and military history begins a prison term.

Keith Davies

Keith Davies was a serving soldier in the New Zealand army for 30 years and, upon his retirement from active service after an illness in the 1990s, his considerable knowledge of New Zealand’s military history saw him secure a job at New Zealand’s National Army Museum situated in Waiouru, in the centre of New Zealand’s North Island.

He served at the museum from 1995 to 2002, being responsible for, amongst other duties, storage and inventorying the Museum’s medal collection, and corresponding with the families of donors. The collection had been built up over many years, and containing medals and other items donated to the Museum by soldiers and their families. Davies’s seniority and knowledge of the Museum’s systems enabled him to cover his thefts both whilst he was employed at the Museum, and for eight years after he left, by altering records and replacing medals with other similar medals, so as to maintain the illusion that sets of medals had not been broken up.

Overall, he stole 750 medals, sold at least 131 to buyers around the world, and had about 270 still in his possession when he was arrested in Australia earlier this year. Around 350 medals are still missing. One estimate put the value of the stolen medals at of NZ$236,515.00. But the prosecutor said to the Court at sentencing that:
“The greatest effect was on the trust of the people who donated medals and other artefacts to the museum for the benefit of the cultural history of New Zealand.”
The New Zealand Army Museum, Waiouru.
His defence lawyer claimed that Davies could not account for why he stole the medals, noting that the thefts began when he took the medals home to clean and mount them, but then did not return them. The sentencing Judge characterised the thefts as “premeditated, ongoing and organised”, and noted the “gross, wholesale and ongoing abuse of trust.”

Davies was sentenced to three years in prison, and ordered to pay reparation of NZ$50,000 immediately, to be funded by raising finance against a home in Sydney, Australia. Under New Zealand’s parole laws, Davies will serve one year before appearing for the first time before the Parole Board.

The Museum announced that it would continue to search world-wide for the missing medals, saying that pictures of the missing medals would be displayed on the Museum’s website at www.armymuseum.co.nz, although at time of writing the pictures had not yet appeared. Nor, indeed, is there yet any mention on the website of the thefts!

The Museum is, unfortunately, no stranger to the theft of medals – on 2 December 2007 smash and grab burglars stole 96 medals from glass display cases, including 9 Victoria Crosses. On 18 February 2008 all the medals stolen in this raid were recovered, after payment of a reward of NZ$300,000, half of which was itself also recovered – a case-study the writer presented to ARCA’s 2011 Art Crime Conference in Amelia, Italy. It seems possible that investigative work triggered by that theft revealed Davies’s unconnected but earlier crimes.

Judge Arthur Tompkins is a District Court Judge in New Zealand, and teaches Art in War in Italy each year at ARCA’s Postgraduate Certificate Program in International Art Crime and Cultural Heritage Protection Studies.

October 24, 2011

New Zealand: "Stealing Beauty: Art Crime during War" A public lecture by Judge Arthur Tompkins

Judge Arthur Tompkins will deliver a public lecture on "Stealing Beauty: Art Crime during War" at 6 p.m. Friday, November 4, 2011, at Lecture Theatre 3 in the Old Government Building in Wellington. Across the road from the Parliament, the Old Government Building now houses the Law School of the University of Wellington.
“Art always suffers during wartime. From the sack of the Temple of Solomon, through the many crimes committed against the Ghent Altarpiece (above), and the depredations of Napoleon and Hitler across Europe, this has always been so. This lecture will survey fascinating examples of these sorts of crimes, the people involved, and some of the stories and myths surrounding them. 
“As well as the Ghent Altarpiece, the lecture will include the long history of the Four Horses of San Marco’s Basilica in Venice, the theft of Veronese’s Wedding at Cana, the sack of Constantinople by the Fourth Crusade, the miracle of the Alt Aussee salt mine, and the bizarre story connecting Goya, the Duke of Wellington, James Bond, and television licensing fees.”
JUDGE ARTHUR TOMPKINS is a District Court Judge in Hamilton. He has presented at numerous international conferences and workshops, in New Zealand and elsewhere, on a variety of topics, including international art crime. Each year he teaches Art in War at the Summer Postgraduate Program in International Art Crime and Heritage Protection Studies, presented annually by the Association for Research into Crimes against Art (www.artcrime.info/education) in Umbria, Italy.

September 17, 2011

Judge Arthur Tompkins Lectures on 'Stealing Beauty' at the University of Auckland Law School on October 6

Judge Arthur Tompkins, an instructor in ARCA's academic program, will be discussing 'Stealing Beauty' at the University of Auckland Law School on Friday October 6.

The lecture will be held at 1 p.m. at Northey Lecture Theatre (further information may be found at www.law.auckland.ac.nz).

Judge Arthur Tompkins is a Disrict Court Judge in New Zealand. He has presented at numerous international conferences and workshops, in New Zealand and elsewhere, on a variety of topics, including international art crime. Each year he teaches Art in War at the Summer Postgraduate Program in International Art Crime and Heritage Protection Studies, presented annually by the Association for Research into Crimes against Art (www.artcrime.info/education) in Umbria, Italy.
"Art always suffers during wartime. From the sack of the Temple of Solomon, through the many crimes committed against the Ghent Altarpiece, and the depredations of Napoleon and Hitler across Europe, this has always been so. This lecture will survey fascinating examples of these sorts of crimes, the people involved, and some of the stories and myths surrounding them. 
As well as the Ghent Altarpiece, the lecture will include the long history of the Four Horses of San Marco's Basilica in Venice, the theft of Veronese's Wedding at Cana, the sack of Constantinople by the Fourth Crusade, the miracle of the Alt Aussee salt mine, the survival of the Sarajevo Haggadah, and the bizarre story connecting Goya, the Duke of Wellington, James Bond, and television licensing fees."

July 21, 2011

Thursday, July 21, 2011 - ,, No comments

Judge Arthur Tompkins on Gustav Klimt's "The Portrait of Adele Bloch-Bauer"

by Judge Arthur Tompkins

The luminous Portrait of Adele Bloch-Bauer now hangs in the Neue Galerie, on New York’s Fifth Avenue. How it got there is quite a story.

The dispute over this portrait, together with others owned originally by Ferdinand Bloch and his wife Adele Bloch-Bauer, and in keeping with many similar private law restitutionary struggles, was resolved only after a long, tortuous, expensive and emotionally draining process. It involved, over many decades, the Austrian national courts, the United States courts all the way to the United States’ Supreme Court, and finally an Arbitration Panel agreed to by both sides. Some 65 years passed between the unlawful passing of the painting to the Austrian National Gallery in 1941 and the return of the paintings to Maria Altmann in early 2006.

Ferdinand Bloch-Bauer was, before World War II, a wealthy Czech industrialist, and president of the Österreichische Zuckerindustrie AG, a major sugar company. He commissioned a portrait of his wife from Gustav Klimt, and after about a year’s work, the golden, shimmery portrait was delivered in 1907. Adele died in 1925, from meningitis, and in her will, “requested” Ferdinand to leave the Klimt paintings the couple owned to the Austrian National Gallery.

Ferdinand fled Austria in 1938, and the invading Nazis confiscated both his businesses and the Bloch-Bauer’s home, containing the portrait and the other Klimt paintings. They assessed spurious “taxes” as being owed, thus triggering liquidation of the assets. An attorney was appointed, and unlawfully he sold or swapped the paintings, with three, including the Portrait, ending up with the Austrian Gallery.

Ferdinand died in Switzerland in 1945, and, understandably, by his will he did not leave the Klimt portraits to the Gallery. Two nieces and a nephew, including Maria Altmann who by that time was living in the Los Angeles, were his heirs. His estate consisted mainly of claims to seized property.

The Case Summary prepared for the later Arbitral proceedings recorded:
In January 1948, the heirs’ attorney, Dr. Gustav Rinesch, attempted to recover some of the Klimt paintings from the Austrian Gallery. The Austrian Gallery responded by taking the position that the paintings were donated by Adele Bloch-Bauer in her will of 1923, which designated her husband as her universal heir and requested that he donate six Klimt paintings to the Austrian Gallery after his death.
However, according to the legal proceedings which followed Adele’s death in 1925, Ferdinand stated that the paintings were his, and not his wife’s, property and that he was not legally obligated to fulfill the wishes expressed in her will, although he allegedly promised to do so.

Despite efforts by and on behalf of the heirs over the years, the three paintings, by now held by the Belvedere Gallery in Vienna, remained there through until the late 1990s, and as Simon Houpt notes,
“ ... became synonymous with Viennese culture and Austrian pride, especially Klimt’s Portrait of Adele Bloch-Bauer I, which has been reprinted endlessly on T-shirts, postcards, and dormitory room posters. It seemed fruitless to Maria Altmann [Ferdinand’s niece] and the other Bloch-Bauer heirs to put up a fight.”
But the legal landscape changed in 1998. The Austrian Parliament passed legislation,
“ ... requiring all federal museums to ensure their holdings were free of art illegally seized during the war.”
As a resident of California, and frustrated by procedural and technical delays and obstacles which had stalled her Austrian legal proceedings, Altmann sued in the US Courts, and ultimately, the Supreme Court held that she was not barred from suing the Austria by the doctrine of sovereign immunity. However, the case did not proceed to trial in the US as in May 2005 the family and Austria agreed to arbitration in Austria.

Thus the case came to be decided before an Austrian arbitral tribunal, governed by Austrian law and procedure. The Tribunal concluded:
1. The Republic of Austria acquired ownership of the paintings by Gustav
Klimt, Adele Bloch-Bauer I, Adele Bloch-Bauer II, Apfelbaum,
Buchenwald/Birkenwald, and Häuser in Unterach am Attersee by virtue of
the settlement with the representative of the heirs of Ferdinand Bloch-Bauer,
Dr. Gustav Rinesch, in 1948. 
2. The conditions of the Federal Act Regarding the Restitution of Artworks
from Austrian Federal Museums and Collections dated 4th December 1998,
... for the return of the five paintings indicated above without remuneration to the heirs of Ferdinand Bloch-Bauer are fulfilled.
The Tribunal accepted that Adele’s will, by which she left the paintings to her husband, with a wish that after his death, they be left to the Austrian nation, was a non-binding request :
“I ask my husband after his death to leave my two portraits and the four landscapes by Gustav Klimt to the Austrian State Gallery in Vienna and to leave the Vienna and Jungfer, Brezan library, which belongs to me, to the People’s and Workers’ Library of Vienna."
Therefore, Austria could not have acquired title to the paintings via her will. Title was not acquired through other available means, and given that the requirements of the Austrian statute were fulfilled, the paintings should be, and were, returned.

Although the ruling was initially greeted with some concern as to its narrowness of application, it was subsequently viewed:
“ ... as a pivotal Holocaust reparations case, ... Having litigated all the way to the Supreme Court prior to arbitration, Altmann established the United States civil litigation system as an acceptable platform for Nazi looted-art cases.”
Left, Neue Galerie director Renee Price.
 Seated, Maria Altmann,
Adele Bloch-Bauer's niece.
"These paintings stolen from Jewish homes are the last prisoners of World War II. I believe more art will be returned to its rightful owners," said art collector and Neue Galerie founder Ronald Lauder, who purchased "Adele Bloch-Bauer II" in June for the museum. 

Maria Altmann sold the Adele Bloch-Bauer I portrait in 2006 to the Neue Galerie Museum in New York, founded by Ronald Lauder and dedicated to German and Austrian Art, and which plays a prominent role in provenance research, including issues relating to “Jewish life and post-Nazi restitution issues.” The portrait is a centre piece of its collection.

The carefully worded provenance statement from the Museum’s website hints at the storied tragedies of the painting’s history:

“Provenance
Adele and Ferdinand Bloch-Bauer, Vienna (Acquired from the artist).
Seized by the Viennese Magistrate (following the Nazi Anschluss, March 1938).
With Dr. Erich Führer, Vienna (the state-appointed administrator for Ferdinand Bloch-Bauer).
Österreichische Galerie Belvedere, Vienna.
Restituted to the heirs of Adele and Ferdinand Bloch-Bauer by the Republic of Austria. Neue Galerie New York.”
The Neue Gallery
The Gallery’s website is at: http://www.neuegalerie.org/

July 15, 2011

Arthur Tompkins on “Paying a Ransom: The Theft of 96 Rare Medals and the Reward Payments”

by Molly Cotter, ARCA Intern

Judge Arthur Tompkins opened the 3rd annual ARCA International Art Crime Conference with an engaging discussion on the positive and negative aspects of paying ransoms or rewards in order to recover stolen art. He utilized the 2007 theft of 96 rare medals from New Zealand’s National Army Museum, valued at NZ$5-$6 million, as a case study to examine the arguments in support of and against ransom payments. He first noted that readily paying a thief’s ransom may seem to be ideal solution. The art is returned quickly; it limits the potential for the work to be damaged; bad publicity for the institution is avoided; and the necessity of having to make, or pay out on, an insurance claim is prevented. In the New Zealand museum’s case, a substantial private reward was posted for information pertaining to the theft and the medals were returned within a few months.

Judge Arthur Tompkins
Amelia, Italy
Though this seems like a storybook ending, the arguments against ransom payments suggest that this behavior not only encourages, but endorses future crimes. If a ransom is paid or a reward given, the chance of a repeat offense is much greater. Also, it perpetuates the gentleman art thief myth, and reduces the level of moral turpitude attributable to the crime. Simply put by Judge Tompkins: “The thief is happy, the owner is happy, the police are happy, and some wealthy insurance company has paid, but will get its money back from its customers, so everyone wins.” The payer also becomes complicit in the crime, and the transparency of the transaction can be lessened.

Judge Tompkins also discussed the legal responses around the world to such crimes. In the most extreme examples such as in Italy and Colombia, ransom payments are illegal. Other countries only find it unlawful to offer a “no questions asked” reward; however, penalties for violating this often involve only a minimal fine.

A contemporary case-study of how ransom payments endorse crime is the activities of pirates off the coast of Somalia. As of mid December 2010, Somalia pirates were holding at least 35 ships, more than 650 hostages, and had earned nearly US$240 million through ransoms. Their system has become so sophisticated that there is even a piracy stock exchange, Judge Tompkins told the audience.

A systemized ransom/reward structure does encourage and sustain illegal activity, and the direct costs of recovering stolen art have a detrimental effect on collections and access to art, according to Judge Tompkins.  However, he noted, “Legal prohibitions of activities where there is a potential for profit involved, simply do not work,” and suggested that in an ideal world, a victimized individual or institution would pay the money, get the artwork returned, find and prosecute the thieves, and then recover the ransom payment.

July 12, 2011

Judge Arthur Tompkins on The Codex Aureus of Lorsch and the De Arte Venandi in the Biblioteca Apostolica Vaticana (Part III)

by Judge Arthur Tompkins, ARCA Lecturer and blog contributor

It turned out to be a much smaller, slimmer volume that the Codex Aureus. But it too is missing the coat of arms and the inscription! Instead, there appears on the opening leaf the commonly encountered oval and/or circular "Bibliotheca Apostolica Vaticana" stamps, and the handwritten pencil inscription “Facs Bav Pal. Lat. 1071 [1969.2] Concs."

This version is a copy of the original manuscript by Frederick II, which was lost in 1248 during a siege of Parma. Copies of the original exist in two-volume and six-volume versions – the Vatican’s copy is in the former category.

The facsimiles of the opening leaves show clearly been reasonable extensive damage around the edges. All the pages are written in dense, small, text, in two columns ending about two thirds down each page, and each block of text on each page is surrounded by a profusion of pictures of birds of all kinds, flying, walking, wading, and occasionally swimming. Every now and then a human falconer or a hunter appears, but infrequently in the first section of the volume. A few of the illustrations of birds have handwritten labels appended to them (by son Manfred?). There are is one picture of two dogs, which look like greyhounds, savaging a fallen deer .

Towards the back of the volume, more numerous falconers appear, one with a startlingly red hat on, and others with similarly coloured red tunics, showing the correct way to carry birds, to hold them in preparation for flight, to secure them to their perches or on transportable field stands.

In one memorable picture, a falconer is shown having discarded his clothes in a heap, and is taking a naked dip in a pond (retaining his hat, presumably for modesty’s sake) as he is watched by two bemused ducks.

There are a few uncoloured line drawings, some showing how to bath a falcon in a small basin.

The back inside cover of the volume bears the printed inscription (in German as well as English):

First edition 1000 copies.
Binding: Graphic K.G. – Graz – Printed n Austria
Text and plates: Akademische Druck – u. Verlagsanstalt – Graz
And on a separate sticker at the top of the inside cover, the information:
Facs.Bav. Pal.lat1071[1969:1-2]. Cons. (1969:2)
Friedrich II imperatore del Sacro romano impero e re di Sicilia, 1194-1250
De arte venandi cum avibus, ms, pal, lat 1071
Bibkioteca apostolica vaticana.
Pubblicazione: 1969
After completing my inspection of my second volume, but before I returned it and perforce ended my visit, I went on a slightly nervous wander. I was interested to see if anyone would accost me, arrest me, and forcibly remove me from the premises and the City State. It turns out that I had been working in one of two connected rooms, labelled Sala Manoscritti 1 and 2, and I was able, without being apprehended or stopped, to walk elsewhere in the complex of interlinked reading rooms. The Manuscripts Reading Room was by far the most fully occupied. For most of the time I was there, there were only a handful of spare seats.

Next to this, is a Room referred to in the Rules as the Inventory room. The Rules told me that it was forbidden to take manuscripts out of my room into this adjacent, much less stylish and indeed almost blandly functional, and in it the tables were mostly unoccupied.

The Sale Leonine
Adjacent to these two rooms, and connected to it by the entrance foyer containing a large rococo gilded table with a marble top, was a far longer and grander reading room, about three or four times the length of the one I had been in, containing many more multiple-seat reading tables, with around its walls tall shelves of printed books and, in a neighbouring narrow area running the length of the main room, banks of card catalogues. This room overlooked the Cortile de Belvedere, through which I had walked to gain my initial entry. This room is called the Sale Leonine, and features a significantly frescoed ceiling, with many Popes’ names featuring.

During my walks, executed with pencil in hand, and with a studious expression on my face, I spotted on a wall a floor plan which revealed that manuscripts with the shelf mark "Palatinato" (referring to the books taken from the Bibliotheca Palatina) were only available in the main Manuscript Reading Room, on request. The same floor plan also revealed that, down some stairs and off somewhere else there existed a space invitingly labelled with the word, “Bar”. More of that in a moment. But, also on the same floor plan, there appears, in the bottom right corner in an otherwise blank area, the words "Archivo Segreto” – much like old maps used to have the words, “There be dragons…”. Equally if not more inviting, but my Rules told me that “in order to access the Secret Archives from the Library, or visa versa, the main entrance of each of the two Institutions must be used.” So I guess that I best not try to go there ….

And indeed it turns out that the Vatican Library has a Bar. Who would have thought? After checking with the same helpful librarian who had, upon my arrival steered me safely in the direction of the Manuscript Reading Room, that I would not set off any alarms or be locked forever on the outside, I discovered that one exits into a large internal Courtyard (Cortile della Biblioteca), crosses this, (in the by no fiercely hot sun), and ascends a narrow, almost hidden staircase, into a small room which seems to have been created out of a ruined apse of a Romanesque church, with the ruined walls and partially broken semi-circular apse, with rough niches, still very much in evidence. Opposite the broken apse was a small counter, an automated coffee machine, and a couple of hot plates for heating pre-prepared paninis. Here, I had my lunch – a tepid coffee served in a flimsy plastic cup, and a dry, reheated ham and cheese Panini. But hey, it was my Vatican Library lunch …!

And so my visit to the Vatican library drew to a close. I returned my second volume, gathered my belongings and, reversing the process I had followed upon arrival and with a backward glance of regret and longing, I quit the Vatican Library. Happily, I get to keep my magnetised swipe card.

A most memorable occasion in pretty much every respect. Perhaps on a return visit I will get to see the original manuscripts, presumably under even stricter supervision, and solve the mystery of the missing coat of arms and inscription.

July 11, 2011

Judge Arthur Tompkins on The Codex Aureus of Lorsch and the De Arte Venandi in the Biblioteca Apostolica Vaticana (Part II)

by Judge Arthur Tompkins, ARCA Instructor and blog contributor

The Manuscripts Reading Room
The Vatican Library’s main Manuscripts Reading Room is a light and airy room about 8 metres wide, by about 22 metres long, with beige coloured, plastered walls, a high, vaulted ceiling complete with frescoed oval medallion in its centre, three large windows set into slightly recessed arches on one wall, (looking out
onto a grassed garden area, the Cortile della Bibliotheca), and four more or less corresponding niches on the opposite wall. One of the niches has a bust of Father Ehrle, who seemingly lived from 1845 – 1934 (a past and revered Librarian, perhaps?), and three full-length, female statues. Opposite the entrance door, at one end, is a high desk running most of the width of the room, in front of two large wooden cabinets fitted with interior metal shelves, for returned volumes. Librarians hover, ready to assist, in hushed tones.

On the wall above the entrance door hang portraits of Cardinal Scipionne Cobelluzzi (1618-1626) and Francesco Barberini (1626-1633). Above the main desk there is a bronze bust of “PIO XI PONT MAX”, surmounted by a large crucifix with Christ that looks somewhat similar to the one that hangs in Santa Maria Della Croce in Florence. Above a desk to the left of the entrance door, which remained unoccupied during my stay, hangs a large portrait of an unnamed, seated cardinal.

The Reading Room’s procedure requires initial registration at the desk, which electronically reveals the number of the locker you have been allocated downstairs. Readers are required to write (in pencil, of course, and in block capital letters only) their surname next to the locker number on a pre-printed sheet, and then also to enter the number of the seat they have chosen for the day – in my case #52, at the back right corner of the room, so as to afford me the good view of my fellow readers. An informal head count reveals that the room can accommodate 57 readers – 30 seated at tables of three each, on the right side, and 27 at nine corresponding tables on the left, below the windows.

Each reading space is equipped with a small lectern-like stand for the manuscript being study, with elongated wooden pegs to hold the pages of the manuscript open, and a printed card reminding one, in case you have forgotten, that, among other prohibitions, it is forbidden to use an ink pen of any type, and that only an erasable lead pencil or a personal computer may be used.

I was told that both my requested manuscripts were available to me only in facsimile (I knew that from an earlier email from Dr. Ciminella) but one, it seems was not within easy reach. So I first received the facsimile of the Codex Aureus. A facsimile of the Codex, incidentally, was given by Pope Benedict to Queen Elizabeth of England on 16 September 2010 (although the facsimile he gifted was of the whole work, and included copies of the famous front and back covers, torn off in Heidelberg and still separated from the body of the manuscript), in return for which the Queen gave His Holiness a series of Hans Holbein prints from her collection.

Surprisingly, the facsimile is incomplete. In particular, it omits from the front leaf of the volume is the Coat of Arms of the Bavarian House of Wittelbach, and the Latin inscription:
"Sum de bibliotheca quam Heidelberga capta Spolium fecit et papae GREGORIO XV trophaeum misit Maximiliianus utriusque bauariae Dux &c S
R I Achidapifer et Princeps Elector."
Which translates, more or less, to:

"I am from the Library which, after the capture of Heidelberg, Maximilian, Duke of Bavaria … took as spoil and sent as a trophy to Pope Gregory XV."

The Wittelbach coat of arms, and the inscription, were precisely what I had come to see. Perhaps, in preparing the facsimile, a choice had been made not to include a record, plain to anyone with eyes to see and read, of the taking of the Codex by the army of the Catholic League following the fall of Heidelberg in 1621, during the opening years of the Thirty Years’ War?

Another, less sinister, explanation is perhaps that, given that the original codex was torn in two, and its front and back covers removed, in Heidelberg (for ease of transportation) then the coat of arms and inscription might appear in the missing bits. But that is unlikely, as the desecrating of the manuscript happened, as I understand it, in Heidelberg prior to transportation over the Alps to the Vatican, so that the inscriptions, which were most likely inserted into all the Palatinato volumes, happened after their arrival in Rome.

So where are they? And was there anything else to see which might assist?

Instead of the Coat of Arms and the inscription, the front leaves of the volume are suspiciously blank, except for the pencilled notation “Facs. Bav Pal. Lat 50 [2000] [1B) Cms.” Following these blank opening pages, the first page is resplendent with gloriously golden text, set out in two columns on each page, and bordered with both a plain outer gold border and a broader (about 1cm wide) inner coloured border, which varies in colour and patterning from page to page.

Several pages in, there appears a comparative table, with four decorated columns headed MATTHEVS, MARCUS, LUCAS, and JOHANNIS - which are a bit of a giveaway, although the following pages sometimes omit one or other of the names. Then there begins what the gospel of Matthew – given both that the figure depicted in glorious colour on the opening page is strikingly similar to the three St. Matthew Caravaggios I saw a few days ago in. And then there is the word MATHEUM appearing at the top of the following pages, which fairly compelling, I think. The Christ in Majesty illumination appears a dozen or so leaves after that.

The next major illumination is of an apostle surmounted by a horned bull, so I am guessing this is Luke (again, assisted in my scholarly deductive reasoning by the word LUCAM that appears every regularly at the top of the following pages…).

Further on through the volume is an apostle pictured with a large bird above him, and given the helpful word JOHANNON in the now familiar position on the following pages, this is John.

The last 16 pages of the volume, after a page which ends with the words "Explicit Evangelium Secondum Jonhannem", are still in gold lettering, but now in lowercase, rather than capitals, with interspersed red sub headings, red capital letters at the beginning of most paragraphs, and no borders. I have no idea what they are. I am sure others know full well.

The last page is a half page of modern printed German text, very obviously not written in the 8th century, and containing at its base the notation: ISBN 3-85672-066-9.

Thus ends my examination of the Codes Aureus of Lorsch. Returning it to the care of the librarian, I went now in search of the De Arte Venandi…

Judge Tompkin's adventures in the Vatican Library to be continued tomorrow.

July 3, 2011

Arthur Tompkins, Ludo Block & Saskia Hufnagel Will Participate in a Panel "Harmonizing Police Cooperation and Returns" at ARCA's Third International Art Crime Conference in Amelia on July 9, 2011

ARCA's third annual International Art Crime Conference will begin next Saturday, July 9th, with the panel "Harmonizing Police Cooperation and Returns" with Judge Arthur Tompkins, Ludo Block and Saskia Hugnagel.

Judge Arthur Tompkins, a District Court Judge in New Zealand, will present “Paying a Ransom: The Theft of 96 Rare Medals and the Reward Payments”:
In December 2007, 96 medals were stolen from New Zealand’s National Army Museum. Included were a number of Victoria Crosses, including one of only three Victoria Cross and bar combinations. Conservatively valued at over $5 million, the theft caused national and international outrage. A privately funded, substantial reward was offered for information leading to the medals’ return. In February 2008, after negotiations conducted with the perpetrators through a lawyer, the medals were recovered and substantial reward payments were made. Subsequently, two men were convicted of the thefts, imprisoned, and the reward payments were recovered. Using this crime as a case study, and referring also to other art and heritage crime reward cases, this presentation will traverse the arguments for and against the payment of ransom or reward in art and heritage crime cases, and legal issues relating to the payment of rewards in different jurisdictions will be considered. Psychological research and the experience gained with, and research conducted in relation to, ransom-seeking pirates off the coast of Somalia, will also be examined.
Arthur Tompkins has extensive experience in criminal trials and civil matters. Since graduating with a Masters of Law with First Class Honours from Cambridge University in England, Tompkins has pursued advances and uses of DNA in criminal cases and, in 2007, was elected an Honorary Member of Interpol’s DNA Monitoring Expert Group. In 2009, he presented “A Proposal for a Permanent International Art Crime Tribunal” at ARCA’s Inaugural Art Crime Conference. He is currently an Honorary Lecturer at the University of Waikato’s School of Law and a Visiting Faculty member for ARCA’s Postgraduate program in International Art Crime, teaching the “Art Crime in War” component.

Ludo Block, a former Dutch police officer and police liaison to the Dutch National Police in Moscow, will discuss his article, “European Police Cooperation on Art Crime”:

The academic literature in the field of cross-border policing tends to concentrate exclusively on the high-level crimes—drug trafficking, terrorism, and human trafficking—that are so often the focus of transnational police cooperation in criminal investigations. There are, however, many other types of transnational crime, including the often neglected art crime, which may represent the third most profitable criminal enterprise in the world, outranked only by drug and arms trafficking. Drawing on existing literature and interviews with practitioners, this study provides a comparative overview of the policing efforts on art crime in a number of European Union (EU) member states and examines the relevant policy initiatives of the Council of the EU, Europol, and the European Police College. It also addresses existing practices of and obstacles to police cooperation in the field of art crime in the EU. The study reveals that EU police cooperation in this field occurs among a relatively small group of specialists and that—particularly given the general lack of political and public attention—the personal dedication of these specialists is an indispensable driver in this cooperation.
Ludo Block focuses his research mostly on European police cooperation which is the subject of his PhD dissertation. His other interests are in intelligence, analysis, and law enforcement in the Russian Federation. He has lectured and written around the world concerning these issues, including his article “European Police Cooperation on Art Crime: A Comparative Overview” which will appear in the forthcoming edition of the Journal of Art Crime (Vol. 4).

Saskia Hufnage, a Research Fellow at the Australian Research Council Centre of Excellence in Policing and Security (CEPS) at Griffith University, Queensland, will present “Harmonising Police Cooperation in the Field of Art Crime in Australia and the European Union”:
Despite the fact that Australia and the European Union (EU) have different structures of governance, different histories, and different dimensions, both entities face surprisingly similar problems in relation to cross-border police cooperation. Australia is divided in nine different criminal jurisdictions, each policed by its own police force. As each police force is only competent on its own territory, with the exception of the Australian Federal Police (AFP), problems of border crossing, information exchange and joint investigations arise similar to those in the EU. This paper presents an overview of policing strategies in the field of art crime in Australia and compares existing problems in the EU to Australia. The necessity of legal harmonisation is overshadowed in this particular area by the importance of strong police-to-police cooperation, crucial for intelligence sharing – as it happens in the EU – and the lack of strong cooperation in the Australasian region. Possible avenues of advancing existing cooperation strategies in this particular field will be discussed.
Saskia Hufnagel was an Assistant Professor at the University of Canberra and a PhD student at the Australian National University in the fields of comparative law, criminal law, cross-border policing and sociolegal studies. She is a German lawyer and accredited specialist in criminal law. Recent publications include ‘“The fear of insignificance”: New perspectives on harmonizing police cooperation in Europe and Australia' (2010) 6(2) Journal of Contemporary European Research 165 and ‘German perspectives on the right to life and human dignity in the “War on Terror”’ (2008) Criminal Law Journal 101.

June 21, 2011

More on Leptis Magna: During World War II, Friend of Lawrence of Arabia Prepared Preservation Plans for All of Libya's Ancient Sites

Leptus Magna in Libya (Photo via Africa Fairtrade Tourism)

Judge Arthur Tompkins emailed the ARCA blog after reading Rez Hamilton's post on June 19th, "Current Conflict in Libya Puts Greek and Roman Ruins at Risk." Judge Tompkins, who will teach "Art Crime in War" in July for ARCA's Postgraduate Program in International Art Crime and Culture Heritage Protection Studies, added this information about Leptis Magna in Libya:
Leptis Magna had an important triggering role in the formation of the English version of the Monuments Men in the mid 1940s.

An extract from my lecture notes for the course I teach the week after next records this: "When, in what is now Libya, the British entered the ruins of Leptis Magna, situated 130 kilometers east of modern day Tripoli, the Director of the London Museum, Lieutenant Colonel Sir Robert Eris Mortimer Wheeler, and another archaeologist, Lieutenant Colonel John Ward-Perkins, were amongst the artillery officers there, and both tried to prevent damage by the army as they moved in and through the ruins. In London, their reports ended up with Sir Leonard Woolley, an archaeologist and friend of Lawrence of Arabia, Architectural Advisor to England’s War Office, who worked with them to prepare preservation plans for all of Libya’s ancient sites.

In October 1943 Woolley was appointed to head up a Monuments and Fine Arts branch in England, which worked closely with the Roberts Commission, and, with the help of English experts, compiled similar lists of monuments, collections and sites requiring protection in both Europe and Asia."
Leptis Magna was founded by the Phoenicians in 1100 BC.  It became a Roman city complete with a forum, basilica, and retail and residential districts, was constructed during the reign of Augustus and Tiberius.  It reached prominence during the 2nd and 3rd century when its native son, Lucius Septimius Severus, became emperor.  You may read more about Leptis Magna and see more images on the Key Africa website promoting tourism here.

February 27, 2011

The Journal of Art Crime: Judge Arthur Tompkins Reviews "The Taste of Angels" and "Art Plunder: The Fate of Works of Art in War and Unrest"



In the fourth issue of The Journal of Art Crime, Judge Arthur Tompkins reviews "The Taste of Angels" (First American Edition; Little Brown and Company, Boston, 1948) by Francis Henry Taylor and "Art Plunder: The Fate of Works of Art in War and Unrest" (John Day, New York, 1961) by Wilhelm Treue and translated by Basil Creighton.

Although both of these books are out of print, they can be found from second-hand internet-based booksellers, and are valuable sources for any student of art crime, writes Judge Tompkins.

In "The Taste of Angels", a former director of New York's Metropolitan Museum of Art surveys the history of art collecting across a wide variety of settings, including the Pharaohs in Egypt, through the Hellenic and Roman Civilizations,the Italy of the Renaissance,the Medicis and the Papacy, and on to the fall of Napoleon.

Wilhelm Treue's small (250 pages) work is an illuminating precursor to the modern study of art crime. According to Judge Tompkins, "it is probably the earliest work of serious scholarship that sets out to encompass, in a coherent form, the long history of art crimes committed during times of war."

Judge Arthur Tompkins has been a District Court Judge in New Zealand for 11 years, having been appointed in 1997. He gained his Bachelor's degree in Law from Canterbury University, in Christchurch, New Zealand, in 1983, and subsequently graduated Masters in Law, with First Class Honors, from Cambridge University, England, in 1984. He has taught the Law of Evidence, and presented at numerous conferences and workshops on a variety of topics, including art crime, expert evidence, the intersect between law and science in courtroom, and forensic DNA, in New Zealand, China, England, Ireland, France, and Italy. He is an Honorary Member of Interpol's DNA Monitoring Expert Group, and an elected Fellow of the Cambridge Commonwealth Trust. He teaches "Art in War" at ARCA's Postgraduate Program in International Art Crime and Cultural Heritage Protection in Amelia each summer.

To seek out this piece, and many others, consider a subscription to the Journal of Art Crime—the first peer-reviewed academic journal covering art and heritage crime. ARCA publishes two volumes annually in the Spring and Fall. Individual, Institutional, electronic and printed versions are all available, with subscriptions as low as 30 Euros. All proceeds go to ARCA's nonprofit research and education initiatives. Please see the publications page for more information.

December 7, 2010

Profile: ARCA Lecturer Judge Arthur Tompkins



ARCA is accepting applications for the 2011 Postgraduate Program in International Art Crime and Cultural Heritage Protection Studies until January 3, 2011. ARCA's blog will be interviewing instructors in December and today spotlights a returning lecturer.

New Zealand Judge Arthur Tompkins’ relationship with ARCA began in 2009 when he travelled to Amelia for the first of a two-part presentation at the International Art Crime Conference to discuss the possible pathway to creating an International Art Crime Tribunal. Last summer, in addition to presenting the second part of his proposal for the Tribunal at ARCA’s annual conference, Judge Tompkins taught a course, Art in War, at ARCA’s Postgraduate Program in International Art Crime and Cultural Heritage Protection Studies. He is returning to teach the same course again in Italy in July 2011.

Judge Tompkins has been a District Court Judge in New Zealand for nearly 14 years. His appointment as a Judge, in 1997, followed 10 years in private practice in Auckland as a commercial barrister. He gained his Bachelor’s degree in Law from Canterbury University, in Christchurch, New Zealand, in 1983, and subsequently graduated Masters in Law, with First Class Honours, from Cambridge University, England, in 1984. He has taught the Law of Evidence, and presented at numerous conferences and workshops on a variety of topics, including expert evidence, the intersect between law and science in the Courtroom, and most extensively in relation to forensic DNA and forensic DNA Databanks, in New Zealand, China, England, Ireland, France and Mauritius. He is an Honorary Member of Interpol’s DNA Monitoring Expert Group.

ARCA blog: Judge Tompkins, welcome to ARCA’s blog. First, we’d like to start off with an easy question – what brings you away from your court in New Zealand to travel halfway around the world to teach Art in War to graduate students? It can’t all be about the pizza and gelato.
Judge Tompkins: The pizza and the gelato – and especially the latter – is certainly a part of it! How I came to be involved with ARCA is a serendipitous tale of chance meetings, leading to contact with Noah Charney in relation to the chapter that I wrote for the Art and Crime volume he edited. Then, when I visited Amelia in July 2009 for the Conference, Noah offered me the chance to return to Amelia to teach. I made a considered decision (it took me, I seem to recall, less than a second to decide!) to leap at the opportunity both to develop the course, and then to escape the New Zealand winter for the summer in Umbria amid the company of a wonderful group of enthusiastic staff and students.
But perhaps most importantly, the course I teach allows me to combine on a longstanding interest in history (from my distant youth I have three-quarters of a BA majoring in European History, which some day I might just get around to finishing) with the work I have done with Interpol and others concerning the cross-border operation of the criminal law, and my interest in the way, over the years, public international law has developed and matured. I am not an art historian, so I leave that side of things to others!

ARCA blog: Have there been any recent events in the past six months that have refined your concept of an International Art Crime Tribunal?

It is not so much something that has happened, as what has not happened. In my paper to the ARCA Conference in 2009, I talked about, in relation to confronting the many issues raised by art crime, there being islands of excellence amid a sea of indifference. And I think that is still accurate – there are many people in many different places doing great work, including of course ARCA. But realistically they are islands, and there are lots of bridges still to build between them. It is happening, slowly – the availability now on the internet of the Jeu de Paume records left behind by the ERR is one recent example – but I still believe that a single bright focus would bring numerous benefits, not least of which would be the continued development of the durable and lasting culture of interdisciplinary scholarship that ARCA has done so much to reinvigorate and foster.

ARCA blog: In your course, what are some of the areas that you focus on and what do you find the most challenging?

Part of the challenge for both me and the students is that, in the first two days of the course, we cover a little over 3000 years of history – starting with the taking of the Stele of Hammurabi following the sack of Babylon in 1160 BCE, right through to the looting of the Iraqi National Museum and Library in 2003. On the way we stop off at, among many other things, the Thirty Years’ War and, inevitably, both the Napoleonic era and the Second World War. Because I seek to examine, with the students, the various art crimes we look at in their historical context, it is often challenging to summarise major historical events in a very short time – World War I in two paragraphs, anyone? Inevitably, I have many favourite parts of the course, but a couple stand out as particularly interesting. The story of the carrying of a large part of the Palatine Library over the Alps in 1622, on the backs of 200 mules who each wore a silver collar inscribed in Latin is an evocative image. The Vatican Library was closed for renovations this year, but next year I will arrange a reader’s pass to visit and, I hope, inspect some of the volumes, most of which are still in Rome. The astounding heroism of Rose Valland, who worked at the Jeu de Paume on behalf of the French Resistance for four tumultuous years during World War II, recording and identifying the numerous looted art shipments to Germany, to ensure that the Resistance did not inadvertently blow the trains up is a remarkable tale of sustained courage. And, in the second half of the course, presenting the sometimes complex subject of the public international law of treaties and the like presents its own challenges! Using actual examples, like the shelling of Dubrovnik by the Yugoslavian forces and the prosecution and conviction of two senior officers in the International Criminal Tribunal for the Former Yugoslavia, helps bring the international criminal law to life in a real and tangible way – especially as Dubrovnik is not all that far from Italy, just across the Adriatic Sea.