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

January 20, 2017

Is art crime understudied? Yes, but you can help us change that.

Who studies art crime?


ARCA's Postgraduate program in Art Crime and Cultural Heritage Protection is now accepting applications.

In 2009 ARCA started the first of its kind, interdisciplinary, approach to the scholarly study of art crime. Representing a unique opportunity for individuals interested in training in a structured and academically diverse format, the summer-long postgraduate program is designed around the study of the dynamics, strategies, objectives and modus operandi of criminals and criminal organizations who commit a variety of art crimes.  

Turn on the news (or follow this blog) and you will see over and over again examples of museum thefts, forgeries, antiquities looting and illicit trafficking of cultural goods.  Intentional heritage destruction during armed conflict, once a modern-day rarity, now affects multiple countries and adds to regional instability in many areas of the globe.  Looted art, both ancient and Holocaust-related finds its way into the galleries of respected institutions, while auction houses and dealers continue to be less than adept at distinguishing smuggled and stolen art from art with a clean provenance. This making dealing with art crime an unrelenting problem and without any one easy solution.

Taken incident by incident, it is difficult to see the impact and implications of art crime as a global concern, but when studied across disciplines, looking at the gaps of legal instruments country to country, one begins to have a clearer picture of the significance of the problem and its impact on the world's collective patrimony.

The world's cultural heritage is an invaluable legacy and its protection is integral to our future. 


Here is 11 reasons why you should consider joining us for a summer in Amelia, Italy. 

At its foundation, ARCA's postgraduate program in Italy draws upon the overlapping and complementary expertise of international thought-leaders on the topic of art crime – all practitioners and leading scholars who actively work in the sector. 

In 2017 participants of the program will receive 230+ hours of instruction from a of range of experts actively committed to combatting art crime from a variety of different angels.

One summer, eleven courses.

Taught by:

Archaeologist, Christos Tsirogiannis from the University of Cambridge, whose forensic trafficking research continues to unravel the hidden market of illicit antiquities.  His tireless work is often highlighted on this blog and reminds those interested in purchasing ancient art, be it from well-known dealers or auction houses, that crimes committed 40 years ago, still taint many of the artifacts that find their way into the licit art market today.

London art editor and lecturer Ivan Macquisten who eloquently paints a picture of the burgeoning business which is art whilst examining the interplay between our cultural obsession with risk and collecting.  Macquisten disentangles the paradoxical alliances between the financially lucrative art market and the collector, relationships that feed upon the art market's unregulated trade and lack of transparency in its transactions.

Duncan Chappell, the Chair of the International Advisory Board of the Australian Research Council’s Center of Excellence in Policing and Security. Chappel is a national award winner for his lifetime achievements in criminology and will be lecturing on the growing number of bilateral, regional and global legal agreements that reflect a growing realization that transnational art crime has to be addressed through international cooperation, and that just as criminal groups operate across borders, judicial systems must consequently do the same.  

Marc Masurovsky, co-founder of HARP, the Holocaust Art Restitution Project who will lecture on the variations among countries’ historical experiences and legal systems, as well as the complexities of provenance research and the establishment of claims processes.  Focusing not only on the implementation of the Washington Conference Principles on Nazi-confiscated art but also on modern day examples that underscore the difficulties facing any heir in recovering their property, Masurovsky underscores the need for fully trained provenance experts within museums and auction houses. 

Richard Ellis, private detective and the founder of the Metropolitan Police - New Scotland Yard Art and Antiques Squad.  His law enforcement background reminds us that trafficking in art and antiquities provides criminals with an opportunity to deal in high value commodities that are often poorly protected, difficult to identify and easy to transport across national boundaries. Ellis' lectures paint a little-talked-about portrait of the motley cast of characters who operate in the high-stakes world of the art crime.  His course introduces students to sophisticated criminal organizations, individual thieves, small-time dealers and unscrupulous collectors who don't just dabble in hot art, but who also may be involved in other crimes, such as the smuggling and sale of other illicit commodities, corruption or money-laundering.

Criminal defense attorney and criminologist Marc Balcells, whose animated lectures on the anatomy and etiology of art crimes will illustrate that even if every art crime is unique unto itself, often the underlying causes of criminal behaviors fit into certain established patterns.  Students will explore various theories of crime causation each of which are key to understanding the crime and the criminal as well as evaluating its danger to our cultural patrimony.

Museum security and risk management expert Dick Drent, whose role in the recovery of two Van Gogh paintings from a Camorra reminds us that finding stolen works of art is much harder than protecting them in the first place, especially when organized crime is involved. In Drent's course students will learn about safeguarding culture before it goes missing, analyzing practical approaches to securing a collection, using risk and decision analysis as a form of analytics to support risk-based decision in museums, galleries and reference institutions around the globe.

New Zealand District Court Judge and founding trustee of the New Zealand Art Crime Research Trust, Arthur Tompkins who gives us a fast-galloping 2000-year romp through the history of art crimes committed during war and armed conflict. Tompkins reminds us that armed conflict, whether interstate or intrastate, poses various threats to cultural monuments and cultural property and that while laws have been enacted in an attempt to prevent or reduce these dangers; better laws are also needed to sort matters out after the fact.

Independent art & insurance advisory expert Dorit Straus explores the worlds of specialist fine art insurers and brokers, who underwrite the risks associated with the fine art market.  As the former Vice President and Worldwide Specialty Fine Art Manager for Chubb & Son she knows first hand the active, financially-motivated role insurance firms play in analyzing the risks involved in owning, dealing, buying, transporting or displaying art to the public.  While art insurance expertise is sometimes overlooked as a less-than-sexy side of the art world, insurers have served to make galleries, museums and private collector's collections safer, as their oversight and contract stipulations have produced a dramatic reduction in attritional losses.

ARCA's founding director, Noah Charney who draws upon his knowledge of art history and contemporary criminal activity to explore several of the most notorious cases of art forgery. Emphasizing that art forgery not only cheats rich buyers and their agents, ruining reputations, his course illustrates how crime distorts the art market, one which once relied heavily on connoisseurship, by messing with its objective truth.

Valerie Higgins, archaeologist and Program Director for archaeology, classics and sustainable cultural heritage at the American University in Rome. Higgins course examines material culture as the physical evidence of a culture's existence, illustrating that through objects; be they artworks, religious icons, manuscripts, statues, or coins, and through architecture; monumental or commonplace, we can and should preserve the powerfully potent remains which truly define us as human.

For more information on the summer 2017 postgraduate professional development program, please see ARCA's website here.

Late Applications are being accepted through April 28, 2017.

To request further information or to receive a 2017 prospectus and application materials, please email:  education (at)artcrimeresearch.org

Interested in knowing more about the program from a student's perspective?

Here are some blog posts from and by students who have attended in 2016, in 2015 in 2014, and in 2013.




November 21, 2016

Book Review: Portraits of Pretence by Susan Grossey

Book 4 in the Sam Plank Mystery Series
Author:  Susan Grossey

Review by:  Arthur Tompkins

Constable Sam Plank is a magistrate’s constable in seventeenth century Regency London. In Portraits of Pretence (available in paperback and Kindle formats at Amazon) the fourth Sam Plank novel, Susan Grossey weaves an elegant and polished tale of art crime, forgery, falsified provenance, smuggling, clandestine collecting, dubious art dealers and untimely death, all against a backdrop of the evocative sights, sounds, smells and ambience of crowded and bustling Regency London.

Susan Grossey is, by day, a specialist in combating money laundering, and also the author of the (now) four Sam Plank mysteries (her Amazon author’s page can be found here). In Constable Sam Plank she has created a gentle, thoughtful, careful, indomitable and very likeable investigator of crime in the heart of England’s great capital.  In the first three Sam Plank novels, Sam tackled financial forgery and bank fraud (Fatal Forgery, set in 1824), investment fraud (The Man in the Canary Waistcoat, set in 1825) and blackmail and corruption (Worm in the Blossom, set in 1826). This time around, it is the spring of 1827 and Sam is plunged into the art market and the criminal dishonesty that swirls in and around it in post-Napoleonic England and Europe. An elderly French artist is found dead, clutching an exquisite miniature painted on ivory in his hand.  The trail leads through the vaults under the then newly-built Customs House in riverside London, visits to the blockade-men stationed in Kent, and in and out of various salubrious and not-so salubrious rooms of artists and dealers in London.

Constable Plank is ably assisted in his investigation, as he was in his earlier outings, by his indomitable and perceptive wife, Martha, his able and swift-to-learn (although not always, in matters of the heart) junior constable William, and a widening circle of memorable supporting characters – some based on historical figures, others plausible and fascinating characters circulating in the milieu of a London bursting at the seams and flexing its commercial, financial and international muscle as it enters the period when Great Britain would dominate the known world.

Ms Grossey is meticulous in her research. Her characters’ language, the streets and the buildings they inhabit, and the street-level topography of central London they walk by day and by night, are a delight. To read the story is to live in the streets of a London on the brink of global greatness, thronged by a deeply rich tapestry of life’s all-too-human variety.  The tone of the novel and the writing throughout is eminently readable and light-handed (a not inconsiderable authorial achievement), and briskly-paced.

The historical background is accurate, but not overpowering – personally I liked the passing and accurate references to the historical development of the protection and repatriation of cultural property plundered in war, and various facets of art crime itself. The many manifestations of art crime that Sam encounters are illuminating, especially for students of contemporary art crime, who will quickly realise that nothing that lies beneath the glittering surface of today’s art world is new, and that the same dark currents twisted and ran riot two centuries ago just as they do now.

Three more Sam Plank mysteries are scheduled, the next one due out (a reliable source tells me) in October 2018...

∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞∞

Arthur Tompkins is a sitting District Court Judge based in Wellington and one of the founders of the New Zealand Art Crime Research Trust.  For 8 years now he has taught the Art in War course module for the annual Postgraduate Certificate Program in Art Crime and Heritage Protection presented by the Association for Research into Crimes against Art in Amelia, Umbria, Italy. He has lectured around New Zealand and abroad on art crime, and is a regular art-crime guest on Kim Hill’s Saturday Morning show on National Radio.

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

September 28, 2015

New Zealand Hosts its First Art Crime Symposium

The inaugural Art Crime Symposium, held at City Gallery in Wellington on 19 September 2015, brought together leading academics and researchers for an innovative and ground-breaking one-day symposium, covering many aspects of art crime, both in New Zealand and beyond.  Organised by the New Zealand Art Crime Research Trust, this one-day event was the first of its kind in New Zealand. The founding trustees of the newly formed trust are Judge Arthur Tompkins, Penelope Jackson, Ngarino Ellis and Louisa Gommans. 

The organisers of the event were inspired after attending the annual conference held by the Association for Research into Crime against Art (ARCA) in Amelia, Italy, to recreate something similar much closer to home.  The Trust’s secretary, Louisa Gommans, says “We thought it likely that people in New Zealand would be interested in the topic of art crime, but we have been absolutely blown away by the number of people who attended and their enthusiasm for the subject!”  The auditorium at City Gallery was nearly at full capacity, with over 70 people in attendance, and the range of backgrounds and professions of those who attended captures the multi-disciplinary background of those interested in art crime.  

The Symposium began with a cocktail function in the foyer of City Gallery on Friday 18 September, which was a great opportunity for attendees and speakers to mix and mingle.  The Symposium commenced at 10 am on Saturday 19 September with a welcome from the Hon. Chris Finlayson Q.C., Attorney General.  This welcome focussed particularly on the Motunui Panels, recently returned home to New Zealand and soon to be unveiled at Puke Ariki Museum and Library in New Plymouth.   

Then followed a fascinating line up of lectures throughout the day.  Many who had registered for the Symposium thought New Zealand probably did not have an art crime problem, but were soon put straight on that score:

Penelope Jackson, an Art Historian with a special interest in NZ art crime, gave an overview of the art crime scene in New Zealand;
Garth Galloway, Partner at Chapman Tripp, discussed immunity from seizure legislation and the fact that New Zealand has not implemented any such legislation to date;
Catherine Gardner, Manager of Case Management for New Zealand Police, talked about the difficulties of recording crimes relating to art and some of the interesting cases the Police have dealt with;
Ngarino Ellis, Senior Lecturer in Art History at the University of Auckland, illustrated art crime in a Maori context, particularly in post-colonial times;
Roger Blackley, Associate Professor in the School of Art History, Classics and Religious Studies at Victoria University, gave a captivating example of connoisseurship in action while discussing two apparently similar paintings, only one of which is thought to be an authentic work by Gottfried Lindauer;
Judge Arthur Tompkins, a Judge in the District Court, delved into the saga surrounding Cornelius Gurlitt and the challenges of dealing with Nazi-looted art works;
Louisa Gommans, a Lawyer with a special interest in art law, discussed the repatriation of Maori and Moriori ancestral remains home to New Zealand.

The Symposium concluded with a highly topical panel discussion, chaired by Kim Hill, featuring Geoffrey Batchen (a teacher, writer and curator, focusing on the history of photography), Jim Barr (art commentator) and Sarah Farrar (Senior Curator of Art at Te Papa Tongarewa Museum of New Zealand).  The panel considered the issue of selfies in galleries, including the merits – or not – of allowing visitors to take photographs for personal use while viewing art works.  While the panel did not reach a consensus about whether or not selfie-taking was good or bad thing, it did conclude that people are unlikely to stop taking selfies anytime soon. 

The organisers hope to make the Symposium an annual event, and have already confirmed Saturday 15 October 2016 at City Gallery, Wellington for next year’s event.  

For more information please contact the secretary of the New Zealand Art Crime Research Trust, Louisa Gommans, at louisa.gommans@gmail.com or follow “New Zealand Art Crime Research Trust: The Symposium” on Facebook.  


April 25, 2015

Stolen Treasures Mysteriously and Anonymously Returned

By: Judge Arthur Tompkins

Te Papa Tongarewa National Museum, Wellington, New Zealand
A week ago, 14 Maori taonga [treasures], dating from the 1800s and which were in the care of a local resident in their home, were stolen during a house burglary of a rural property near to the Hawke's Bay town of Hastings, in the eastern part of the North Island of New Zealand.

Included in the haul were a number of items registered with New Zealand's Natonal Musuem, Te Papa Tongarewa, and thus protected from export under New Zealand law.

The stolen pieces included a number of greenstone (the New Zealand indigenous jade, also known as pounamu) ceremonial mere, including the two shown here, a closely-related patu [club] made from whalebone, and a ceremonial adze with a pounamu blade.

Ceremonial Greenstone Mere I

Ceremonial Greenstone Mere II



















"The thieves will be aware of both of these things.  We appeal to the people who took these items to return them immediately so they can be cared for by their proper guardians and remain in their turangawaewae [resting place]."
Yesterday, Friday NZ time, all the items taken were handed anonymously back to Te Papa Tongarewa.  No other details of the return have been released, apart from the fact that the items were seemingly undamaged both during their theft and during their transport down to Wellington, the nation's capital.

Police are continuing their investigation.

February 26, 2015

Faculty and Course Schedule for the 2015 Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection


 The Faculty and Course Schedule for the 2015 Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection in Amelia, Italy has been confirmed** and  the general application period has been extended through March 30, 2015.



For a copy of this year's prospectus and application materials please write to ARCA at education (at) artcrimeresearch.org

For more information on this year's program please see this earlier blog posting.

June 2015

Course I  - “The International Art Market and Associated Risk”
Dr. Tom Flynn, Art Historian and London Art Lecturer,
Adjunct Assistant Professor Richmond The American International University in London
Senior Lecturer and Visiting Lecturer Kingston College and Christie's Education

Course II - “Art Policing, Protection and Investigation”

Richard Ellis, Law Enforcement
Detective and Founder of The Metropolitan Police, New Scotland Yard Art and Antiquities Squad (retired),
Director, Art Management Group

Course III - “Breitwiesers, Medicis, Beltracchis, Gurlitts and Other Shady Artsy Characters:  How to Analyze their Crimes Empirically”
Marc Balcells, Criminologist; Criminal Defense Attorney
Doctoral Fellow at The City University of New York - John Jay College of Criminal Justice
Professor, Universidad Miguel Hernandez de Elche
Consultant, Universitat Oberta de Catalunya

Course IV - “Art Forgers and Thieves”
Dr. Noah Charney, Author, Founding Director of ARCA
Adjunct Professor of Art History, American University of Rome 

Course V - “Insurance Claims and the Art Trade”

Dorit Straus, Insurance Industry Expert
Insurance Industry Consultant, Art Recovery Group PLC
Vice President and Worldwide Specialty Fine Art Manager for Chubb & Son, a division of Federal Insurance Company  (retired)

July 2015

Courses VI - “Art Crime in War”
Judge Arthur Tompkins, Forensic Expert
District Court Judge in New Zealand

Courses VII - “Art and Heritage Law”
Dr. Duncan Chappell, Professor
Adjunct Professor, Faculty of Law at the University of Sydney,
Former Director of the Australian Institute of Criminology (1987-1994)

Courses VIII - “Risk Assessment and Museum Security”
Dick Drent, Security and Risk Management
Omnirisk, Director
Corporate Security Manager, Van Gogh Museum, Amsterdam  (retired)

Course IX - “TBA”

August 2015

Course X - “Looting, Theft, Destruction, and Repatriation of Cultural Property: Community Impacts”
Dr. Laurie Rush, Cultural Property Protection Expert
Board Member, United States Committee of the Blue Shield

Course XI - “Antiquities and Identity”

Dr. Valerie Higgins, Archaeologist
Associate Professor and Chair of Archaeology and Classics at the American University of Rome





**While the 2015 course listing has been confirmed as of January 13, 2015, the 2015 course listing and instructor line-up may change,in the event unforeseen circumstances affect the assigned instructor’s availability. 


November 21, 2014

Editorial Essay on the Kunstmuseum Bern's Upcoming Decision on Whether to Accept the Gurlitt Collection

By Judge Arthur Tompkins

It appears that on Monday 24 November (or thereabouts) we will know whether the Kunstmuseum Bern will take on the Gurlitt collection. In an article in the New York Times on 20 November ("Nazi-Era Art Collection Appears to Find a Home" by Melissa Eddy), a number of sources are cited as expressing confidence that the Kunstmuseum will indeed accept Cornelius Gurlitt’s unexpected bequest made public at the time of his death in May this year: 
“Sources ... said it was likely that the board members [of the Kunstmuseum Bern] would gather in Switzerland on Saturday to decide on Mr Gurlitt’s gift. Stuart E. Eizenstadt ... now special adviser on Holocaust issues to Secretary of State John Kerry, said Thursday that it was his understanding that the museum would accept the offer.”
Image Credit www.worldjewishcongress.org
The magnitude of the challenges that will come with the collection should not be underestimated.  As the NYT article notes, many of the works are likely to be “badly in need of restoration”, and furthermore the resources required to, as the Kunstmuseum Bern will most likely have to do, determine the provenance of each item in the collection, will be significant.

In an open letter I sent to the Trustees of the Kunstmuseum Bern back in June published on ARCA’s Blog here where I suggested:
What should happen, and immediately after the acceptance of the inheritance, is the creation by the Kunstmuseum Bern of an independent, well-resourced international tribunal to determine the fate of each and every one of the many art works. The tribunal itself should consist of international jurists and others with a range of art-crime related skills, assisted by a staff of independent provenance researchers, cataloguers, art and general historians, claimant advocates, and dispute resolution specialists.

After identifying each art work, promulgating identifying and other characteristics widely, and proactively inviting and assisting claimant contact with the tribunal, the tribunal should resolve the fate of each art work by employing first a range of appropriate dispute resolution processes so as to reach an agreed, just and fair solution. Failing agreement, the tribunal should determine each individual case by giving due weight and recognition both to the relevant legal factors, but also and crucially to the moral aspects as well.

A transparent and just process as outlined would avoid heaping future injustice on the top of past wrongs. It would propel the Kunstmuseum Bern to the forefront of efforts to undo some of the great harms done 70 years ago, amid the chaos and confusion of war.
The NYT article quotes similar sentiments as being expressed by an attorney for Mr David Toren, an 89-year-old descendant of the Jewish industrialist David Friedmann, who has a strong claim to Max Liebermann's "Two Riders on the Beach,":
“ ... this presents a real opportunity for the museum to raise its international profile by doing the right thing with regard to the portion of the collection that was stolen by the Nazis.”
There is clearly more to come on this continuing story early next week.

Read the full New York Times article here.

April 24, 2014

Gurlitt Art Collection: Opinion: "What to do with the Munich Art Trove?"

by Judge Arthur Tompkins

The missteps by the German federal and state authorities continue, as they try but so far fail properly to deal with the many art works known variously as the Munich Art Trove, the Schwabing Art Trove, or the Gurlitt Art hoard (“Modern Art as Nazi Plunder”, The New York Times, April 14; “Gurlitt art confiscation ends”, The Art Newspaper, April 9, 2014). 

To recap: In March 2012 Bavarian tax authorities stumble on over 1400 works of art in a nondescript Munich flat, owned by Cornelius Gurlitt, the reclusive son of Hildebrand Gurlitt, a Nazi-era German art dealer. They sit on the news for a year and a half until, in November 2013, German media break the news to a stunned world and, increasingly, an angry and frustrated group of widely dispersed possible claimants. Initially, stonewalling and bluster and a dismissively bureaucratic attitude are on display, until the intervention of Federal authorities leads to the reluctant acknowledgement that this is not just another local tax evasion case. But the release of details of the art works continues to be frustratingly slow and incomplete.

Visits to other homes owned by Mr. Gurlitt reveal even more art works, some in deteriorated condition, amid both ongoing calls for much greater openness in deciding just what would happen to the art works, and questions about the legality of the seizure of the works by the Bavarian authorities. 

Eventually, a multinational Task Force to investigate the provenance of the art works is announced by the German Government. Potential problems with Nazi-era laws, still on the statute books in Germany, loom, as does the absence from Germany’s statute books of any law requiring the return of Nazi-era looted art.

Now comes further disquieting news: The German Government has announced a deal, apparently negotiated with Mr. Gurlitt’s legal guardian, his defense counsel and the Bavarian authorities, (but without it seems the involvement or indeed knowledge of any representatives of the dispossessed), “to allow provenance research on a voluntary basis once the works are released from police custody.” But the Task Force will be up against an arbitrary one year deadline, after which provenance research will continue, it seems, only at Mr. Gurlitt’s pleasure. One short year to investigate and decide what should happen to over 1500 individual art works, many of which had been acquired by a dubious art dealer in times of chaos and circumstances of disaster 70 years ago, that had been hidden for decades with no whisper of their continued existence, and the details (and even images) of which are, even today, still incomplete. One year? Really?

And, on the same day, comes word that an unidentified rival claim to Matisse’s “Woman Sitting in Armchair” has come forward, jeopardizing negotiations to return that one painting to the heirs of French art dealer Paul Rosenberg just as an agreement to return the painting seemed close. And that is only one painting, albeit one with an uncharacteristically clear and well-established provenance. If there are problems with the Matisse, in a relatively straightforward case, what is to be the fate of the very many others where the records are missing or incomplete or inconsistent, the evidence patchy or confused or inconclusive, and the path to a resolution likely to prove labyrinthine?

The German government needs to accept that this mess is not a German tangle to unravel. It is unavoidably an international one. The creation of the Task Force was a partial recognition of that, but the continuing and serial missteps and errors, and the persistent inability or reluctance to be completely open about what is happening on the part of both the Bavarian and German Federal authorities, and now the imposition of an arbitrary and unrealistic deadline, demonstrate that, for whatever reason, the complexity of the truly international nature of the multi-faceted challenges presented by these art works eludes them.

What should happen, and quickly, is the creation of an independent, well-resourced ad-hoc international tribunal to determine the fate of each and every one of the many art works recovered. The Tribunal itself should consist of international jurists and others with a range of art-crime related skills, assisted by a staff of independent provenance researchers, art and general historians, claimant advocates, and dispute resolution specialists.

Secondly, that tribunal should be given the job, by German legislation and international treaty working in tandem, of resolving the fate of each art work by employing first a range of dispute resolution processes. If those processes do not result in an agreed just and fair solution, then the Tribunal should have the jurisdiction to decide each case by giving due weight and recognition to the moral aspects of each case, in addition to relevant legal factors. 70 years on, much relevant evidence, even if it once existed, is gone. All contemporary witnesses to Hildebrand Gurlitt’s activities are dead. Many records and documents that might once have existed have been lost or mislaid or destroyed in the chaos of wartime and post-war Europe. In those circumstances, to compel sometimes inadequately resourced claimants onto a strictly legal battlefield, hedged about with evidential and procedural constraints within the artificially narrow construct of a sovereign state’s domestic legal system, and then to require them to fight a legal battle against that same sovereign state, will likely pile future injustice on the top of past wrongs.

The December 1998 Washington Principles, to which Germany is a signatory, demand identification of looted art, open and accessible records, the public dissemination of art proactively to seek out pre-War owners or heirs, and the deploying of resources and personnel. A “just and fair” solution must actively be sought. Germany has been, at best, a cautious adopter of these principles. Fifteen years on, these 1500 art works give Germany the opportunity to cut this Gordian knot. Such an approach is not unprecedented. The various threads already exist, in both the looted art arena and elsewhere. All that is required is the will and the leadership simply to do it. 

Judge Arthur Tompkins is a trial Judge from Wellington, New Zealand. He teaches Art in War each year as part of the Postgraduate Certificate in Art Crimes Studies offered by the Association for Research into Crimes against Art (www.artcrimeresearch.org), in Umbria, Italy.

April 11, 2014

ARCA Lecturer Judge Arthur Tompkins Discusses The Ghent Altarpiece, a stolen masterpiece, on National Radio's show with Kim Hill in NZ

ARCA Lecturer Judge Arthur Tompkins is scheduled as a guest with National Radio's Kim Hill (New Zealand's version of National Public Radio) in the first of a series about stolen masterpieces. On Saturday in New Zealand at 9.40 a.m., Judge Tompkins spoke about The Ghent Altarpiece.  You may listen to the recording on the ARCA website here

March 8, 2013

ARCA Lecturer Judge Arthur Tompkins Interviewed on New Zealand's Public Radio

Here's the link to last week's interview of art crime lecturer Judge Arthur Tompkins on New Zealand's public radio. Judge Tompkins teaches a unit on the subject of art crime in war for ARCA's Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection in Umbria.

In this 21-minute interview on Nine to Noon by journalist Kathryn Ryan on Radio New Zealand, Judge Tompkins discusses cases from the history of art theft from "Ancient Greek and Roman times to modern day Iraq and Afghanistan".  

July 10, 2011

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

The Sistine Hall of the Vatican Library
by Judge Arthur Tompkins

The Pope's personal library - Bibliotheca Apostolica Vaticana – was founded, in accordance with the direction of Pope Nicholas V, by Pope Sixtus IV in 1475. For the first little while (a few centuries) it was accessible only to His Holiness, and "eminent scholars". But in 1883 it was opened to all "qualified readers", by Pope Leo XIII, who made the admissions process less taxing, and also opened the Secret Archives to appropriately qualified readers.


The Library is not formally part of the Church, but stands alongside the Roman Curia, and "provides useful and necessary services to the Supreme Pontiff, to the Curia and to the Universal Church, in association with the Holy See." It is the personal and inalienable property of the Pontiff and, as such, it is not a public institution.

Admission is by advance approval only (unless, presumably, you are the Pope), and is available to "qualified researchers and scholars, and learned persons known for their writing and scholarly publications”, who must provide a letter of introduction from their home institution, certified proof of their home address, and a formal identification document (e.g. passport).

All of this is by way of preamble, to explain why, at 8.30 a.m. on a very sunny Thursday in early July, I was having coffee and breakfast in a small cafe close by Ponte d'Angelo, resplendent in the early morning sun with Bernini's towering sculptures standing resolute under the stern gaze of the hulking pile that is Castel Sant’Angelo. I was waiting until the Library's admissions office opened, and I had my documents ready to flourish at (I was secretly hoping) a resplendently uniformed Swiss Guard, thus to gain admission to the Vatican City through Porta Santa Anna, and from there on into the Library.

I had come to inspect two manuscripts, both originally part of the Bibliotheca Palatina, the Library of the Princes of the Palatine founded in the 1430s by the Elector Louis III, both of which had been taken from Heidelberg after the city fell to the army of the Catholic League in 1622, (along with much else from the library), transported across the Alps and given as a gift to the Pope by the Maximilian of Bavaria. In particular, I wanted to see, on the frontispiece of each volume, the Wittelsbach Coat of Arms, and an inscription recording the making of the “gift”.

Having finished breakfast, I crossed the Tiber in the shadow of Castel Sant Angelo, and walked up Mussolini’s ill-fitting Via della Conciliazone into St. Peter’s Square. The queues to enter the basilica were already slow moving, and lengthening., just through Bernini’s colonnade and to the right.

Cortile del Belvedere
Inside Porta Santa Anna, on Via di Porta Angelica, the gate a young Swiss guard in (sadly) a plain blue-uniformed was politely but firmly turning away an enquiring family, but then, when I flourished a printout of the email I had received a few months earlier from the Library’s Admissions Director, Dr. Giuseppe Ciminello (who I was later to meet in person), and asked in my best Latin, “Bibliotheca Apostolica Vaticano?”, he politely directed me to a small, glass-sided office. My passport was photocopied and retained, and I received back the photocopied page and a ”Visitatore Biblioteca No. 153” lapel badge. I was directed onwards into the heart of the Vatican, through a distant archway and into the Cortile del Belvedere.

At the end of the courtyard, to the right, were two doors, and upon entering the grander of the two a porter talking on a telephone waved me along a short corridor to the "Segretaria" office. There was a little waiting area, with six straight backed chairs, outside a firmly closed door, and a marble plaque detailing, in Italian and in English, crucial dates in the history of the Library on the wall. The recorded timeline ranged from the first mention of the Library, in a written document in 1451 by Nicholas V, though various relocations, reorganizations, relocations, building projects, and the like, down to 20 September 2010, when the Library reopened after “an extraordinary closure” lasting fully three years.

The plaque included reference to the recent provision of “new technologies, new elevators, and a remodeled entrance hall” - presumably the one through which I had just passed. Sadly, I thought, the remodeling had not extended to “New and helpful instructions posted in numerous strategic locations”, as I had time enough to read the marble plaque from top to bottom, thoroughly and twice, given that there was nothing else to do but sit and wait and wonder what was going to happen next. I was, perhaps fortunate, that I had, quite by accident, chosen a seat with a view of the marble plaque on the opposite wall – my companions, who arrived in dribs and drabs as I sat and read, and were seated opposite, were not nearly so lucky. They had to make do with staring at a blank wall.

There was no indication as to how long I, and the four others who had silently joined me as I sat there, were expected to wait. Eventually, however, after about a ten minute wait, a bespectacled gentleman (who turned out to be my email correspondent Dr. Ciminello) opened the door a little, and beckoned to the applicant to my left (who, to be fair, had been sitting there quietly and patiently, when I had arrived, so was in front of me in our little queue) into the inner sanctum. About 10 minutes later she emerged, and it was my turn.

Dr. Ciminello spoke English well, which was a relief to me as my Italian is rudimentary at best. My letter of introduction was scrutinized, and I completed a form with the required details on it, supplemented immediately thereafter by the taking of a digital photograph, and was given a photo ID card complete with magnetic strip.

I had earlier provided the call numbers of the two manuscripts I had come to consult - Pal. Lat. 50, for the Codex Aureus of Lorsch, created around the end of the 8th century at Lorsch Abbey in Germany, and written almost entirely in gold lettering, and with numerous full page illuminations including a famous one of Christ in Majesty; and MS Pal. Lat. 1071, for "De Arte Venandi Cum Avibus", literally “The Hunting of Birds”, a Latin treatise on ornithology and falconry written in the mid thirteenth century by Emperor Frederick II, and dedicated to his son Manfred, in two volumes and containing handwritten annotations by Manfred.
Christ in Majesty, from
 the Codex Aureus of Lorsch

Along with a few others, both of these volumes had originally, in 1622, been in the Library of the Palatinate located in the University Cathedral in Heidelberg, and both were looted following the taking of the city by the army of the Catholic League, led by the Emperor Maximilian, carried over the Alps aboard a 200 strong mule convoy, led by one Leo Allitius, a Greek-born scholar sent expressly for the purpose by the Pope.

I received a somewhat hurried and complex set of verbal instructions, which had me lost after the first couple of sentences, as to the procedure now to be followed. I left the Segretaria, and the next applicant was admitted and the door closed behind them.

I had understood enough to know that the next step in the process was a visit to the locker room. The online instructions I had read, (and which had also been given to me in the Segretaria, in printed form) directed me that in no circumstances were pens, ink, scissors, knives, razor blades, food, drink (although the rules did refer, somewhat cryptically, to a Library’s Bar) or anything of a like kind were to be taken into the reading Rooms, and no photographs, reproductions, film or sound recordings of any kind were to be made. I found the locker room, but then struggled unsuccessfully with the electronically secured lockers, there being no instructions posted, until another reader, obviously a veteran of the process, took mercy on me and told me that I had first to go and register my swipe card back with the porter talking on the telephone by the front door. When I retraced my steps to the front door, he was indeed still talking on his phone, and but duly waved a scanner handset at my card. I then returned and place the card on a small, relatively inconspicuous magnetic reader box on the wall of the locker room, at which point my allocated locker, number 41, obediently opened.

I deposited my belongings, and clutching my laptop (without case, as per the instructions), pencils, a sharpener and eraser, and some paper, I went in search of the lift that I had understood would take to the Manuscript Reading Room.

There was, again, no apparent sign to guide me, so after wandering a little in some confusion I returned to Monsieur la Telephonique by the front door, who, thankfully, was now between calls. He pointed down a corridor across the entrance lobby, flanked by two curving staircases, and my by now trusty swipe card duly opened the glass barrier midway down this corridor. After passing several glass display cases, I entered the lift and ascending to the Third floor. I took an initial wrong turning, into the Printed Books Room, at first, but a stern-looking but friendly and quietly spoken librarian redirected me into the Manuscripts Room.

My copy of the Rules had informed me that “The Reading Rooms are equipped with surveillance cameras and with tracking devices which will identify any irregular passage (e.g. into the stacks) by readers, as well as volumes which are moved from one reading room to another or illegally removed from the Library.” I had been warned.

This adventure will be continued tomorrow.