On April 19, 2016 the US House Financial Services Committee Task Force on Terrorism Financing held a one panel, two hour and fifteen minute long hearing entitled “Preventing Cultural Genocide: Countering the Plunder and Sale of Priceless Cultural Antiquities by ISIS” in the Rayburn House Office Building.

A 16 page introductory memorandum and witness biography can be found on the US House of Representatives Financial Services website here. 

During this hearing, testimony was given by: (in alphabetical, not speaking order)

• Dr. Amr Al-Azm, PhD, Associate Professor, Shawnee State University

• Mr. Robert M. Edsel, Chairman of the Board, Monuments Men Foundation

• Mr. Yaya J. Fanusie, Director of Analysis, Center on Sanctions and Illicit Finance,

Foundation for Defense of Democracies

• Dr. Patty Gerstenblith, PhD, Distinguished Professor, DePaul University College of

Law

• Mr. Lawrence Shindell, Chairman, ARIS Title Insurance Corporation

A video recording of the entire hearing can be viewed below.

During the hearing witnesses described the unabated and systematic process of cultural heritage destruction in Iraq and Syria and antiquities looting in the region which has grown steadily given the regions' instability.  

Secretary of U.S. Committee of the Blue Shield, Patty Gerstenblith, speaking in a personal capacity and for the Blue Shield organisation she represents, testified before the Financial Services Committee’s Task Force saying, in part

A transcript of Dr. Gerstenblith's testimony can be read in its entirety here.

Key imagery from Dr. Amr Al-Azm's testimony can be viewed here.

A transcript of Mr. Robert Edsel's testimony can be read in its entirety here.

A transcript of Mr. Yaya Fanusie's testimony can be read in its entirety here.

A transcript of Dr. Lawrence Shindell's testimony can be read in its entirety here.

While key takeaways from this hearing conversations are distilled here ARCA strongly encourages its blog readership to take the time to listen to the entire hearing and examine the legal instruments evidence Dr. Gerstenblith underscores as being necessary.  

She reminds us that looting of archaeological sites imposes incalculable costs on society by destroying the original contexts of archaeological artifacts thereby impairing our ability to reconstruct and understand the historical record.  Her testimony reminds us that looters loot because they are motivated by profit and that the looting and illicit trafficking phenomenon we are seeing in Iraq, Syria and Libya are responses to the basic economic principle of supply and demand.   

The statements of all of the speakers remind us that while the market in antiquities has existed for centuries, its role in facilitating criminal enterprise on the scale that we are seeing in the Middle East is a terrifying one.  

Antiquities collectors must be educated to understand that the purchase of objects emerging on the open market without legitimate collection histories (i.e. provenance) are the likely product of conflict-based looting of archaeological sites, and contribute significantly to the destruction of the world's cultural heritage.  Buyers need to be made to realise that their buying power and their, until now, unharnessed demand for archaeological material, absent transparent ethical acquisition documentation, incentivises those facing economic hardship to participate in, or tacitly condone,  the looting that we are observing in countries of conflict.  

If collectors in market nations such as the United States and London refuse to buy undocumented artifacts, then the incentives for looting historic sites, which by proxy funds criminal enterprise and terrorism, diminish. 

Armed conflicts have long been called the “perfect storm” within which large-scale looting can take place, but not without collectors willing to look the other way. 

By Lynda Albertson, ARCA CEO

Three 15th century Italian Renaissance paintings, seized from a villa of the then Prince of Luxembourg by Nazi forces operating in Camaiore, Italy in 1944, have been recovered by Italy's art crime police, the Comando Carabinieri Tutela Patrimonio Culturale.  Presented in an exhibition in Brera announcing their recovery, the paintings had been siezed by German forces after Italy entered World War II, when Luxembourg had been declared an enemy state and allowed for property seizure under wartime law.

In a press conference held today in the Sala della Passione in the paintings gallery of the Academy of Brera, Riccardo Targetti, the public prosecutor of Milan, and Alberto Deregibus, the deputy commander of the Carabinieri TPC unit, presented the three stolen works of art which have been missing since World War II and which had been recovered during a lengthy investigation dating back to December 2014, when the first painting was identified by law enforcement authorities in the Monza home of a Milan-based family.

The paintings recovered are:

Archive photo of the family of Prince Felix and Luxembourg's Grand Duchess Charlotte

While the press conference did not specify which members of the Luxembourg noble family were heirs to the three missing paintings, a trace of the Records Concerning the Central Collecting Points ("Ardelia Hall Collection"): Selected Microfilm Reproductions and Related Records, 1945-1949, Restitution Files Of MFAA Section - Berlin, 1956 › Claims-Italy, Luxembourg, Netherlands, Norway give us a clue.

As the attached photos clarify the stolen paintings were most part of the collection owned by Prince Felix of Luxembourg who requested formal assistance from the allied forces in recovering 18 art treasures belonging to the Prince Consort of Luxembourg Royal Household stolen by German troops in 1944 during the allied offensive.  The paintings were removed from the Chateau de Pianore, at Capezzano di Camaiore new Viareggio, Province of Lucca, Italy.

The Belgian Federal police have decided to eliminate its specialised art and antiques police unit, the Service vols organisés, Art et Antiquités, au sein de la Direction de la lutte contre la criminalité contre les biens (DJB) which has been dedicated to the fight against illicit trafficking in cultural property. 

The Brussels Judicial Police established its art crime unit, “the Bureau of Art and Antiques in 1988. After a reorganisation  in 2001 the team was integrated into the Federal Judicial Police at the national level under the name “Section ART”  At that time seven officers were assigned.  

In 2006 the specialised squad consisted of five active Belgian federal police inspectors.  In 2016 only two officers remained, one of whom is responsible for maintaining the Belgium’s ARTIST database which includes works of art stolen in Belgium.  At last count, this database contained some 20,000 object records. 

According to the Belgian Radio and Television of the French Community Service the specialised unit is being dismantled due to budgetary constraints.    Given that Belgium's International Trade in Works of art  topped €104.3 million in Imports and €63.1 million in exports in 2010 this decision is a blow to a major EU art market shareholder in their country's fight against illegal trafficking.

Theft to order, a shady antiquarian, a drug dealer and a Russian with a penchant for gold.  This is the apparent recipe for the dramatic 2013 Easter weekend jewelry heist at Rome's Museo Nazionale di Villa Giulia.

In a press conference in Rome today, officers from Italy's art police squad, the Nucleo Carabinieri Tutela Patrimonio Culturale, the Minister of Culture, Dario Franceschini, and Giancarlo Capaldo and Tiziana Cugini attorney's with the Procura della Repubblica di Roma who oversee crimes against the country's cultural heritage, announced the recovery of 23 of the 27 works of gold stolen from the Rome museum's Castellani collection between March 30 and April 1, 2013.   

Castellani was the first 19th-century Rome goldsmith to create jewelry pieces closely modelled closely on the Etruscan, classical Italian and Greek prototypes. While many outside of Italy are not familiar with the jewelry magnate, the family's finest works are displayed in many museums around the world including at the British Museum, the Musée du Louvre, the Metropolitan Museum of Art, the Cooper-Hewitt National Design Museum, the Victoria and Albert Museum and the Musée des Arts. 

At the time of the 2013 theft, Italian investigators were criticised for remaining tight-lipped about what had been stolen.  Unlike in other museums thefts, the jewelry's value was never publicly disclosed and no photos from the Villa Giulia's inventory collection system were circulated to the public.  Even the museum’s CCTV footage remained a close door secret.  

When the theft was made public, many speculated that in Italy's economic recession, the laborously hand-creafted jewelry would likely be dismantled, its accompanying precious and semi-precious stones resold and the gold then melted down and reused.

Recovered Castellani brooch

All this conjecture was disproved during today's press conference.

Arriving around midnight, the thieves had announced their presence by dramatically launching a smoke grenade into the museum's courtyard, temporarily diverting the attention of the night watchman.  This bought the thieves the precious seconds needed to enter the museum and disable the guards. 

Bypassing many of Villa Giulia’s costlier masterpieces, the robbers then climbed the stairs to the first floor rooms, an area of the museum which houses the objects that make up the vast 6000-piece Castellani collection.

Stopping in Room 20, the Sala degli Ori, the thieves smashed two of four double collection display cabinets with an axe, which unintentionally engaged a museum security alarm cutting short the criminal's jewelry shopping.  Even with such limited time, the thieves still managed to bag what has now been confirmed to be three million euros worth of exquisite pendants, earrings, and brooches enriched with precious and semi precious stones, coins or other ancient historic elements.  

While the museum getaway went off without a hitch for the thieves, the days following it did not. 

Initial investigations revealed that a wealthy Russian citizen, with a passion for Rome’s Castellani-styled jewellery had expressed her interest to a local antiquarian who had shown her reproductions. But the buyer wasn’t interested.  She wanted original items, not next-generation replicas.  This antiquarian is believed to be the main receiver of the jewelry stolen from the museum. 

Shortly thereafter the Russian woman was identified in Fiumicino before boarding a flight back to San Petersburg.  Travelling with her was the daughter of the antiquarian. Inside her bag, authorities found a catalog for the Castellani collection and images taken using a smart phone camera showing the Villa Giulia's galleries and surveillance equipment mounted on the gallery's ceiling. 

Having lost their chance to sell to the Russian, the gang were forced to begin looking for local buyers.  

Three years of patient investigations, coupled with hundreds of wiretaps and dozens of searches, led the Italian authorities to a band of six individuals, several from the Pontine Marches, an area south east of Rome near Sabaudia.  Without their rich foreign jewelry lover, the group had begun searching for local buyers and a date had been set to sell some of the pieces.

The location for a forthcoming clandestine sale was a remote bar in Rome's periphery on via Portense. It is here that law enforcement swooped in to make arrests.   As offices attempted to question the pair of fences, the two bolted from the scene in an automobile,  attempting to pitch the envelope containing 7 pieces of the Castallani jewelry out the auto's window while in route.  Caught almost immediately, the two fences and another four individuals have been implicated, two of whom have also been charged with illegal possession of a 357 magnum and drug distribution. 

In one singular museum theft case, we have organised crime, drug dealing, dirty dealers and a Russian Mrs. Dr. No.  Sometimes you can't make this stuff up. 

By: Lynda Albertson

Op Ed - Lynda Albertson

ARCA has been informed that Christie's New York has withdrawn Lot 36: a Greek black-glazed hydria, with an estimate of $8,000 - $12,000 

as well as Lot 70: a Roman marble janiform Herm head, with an estimate of $40,000 - $60,000  from today's antiquities auction in New York.  

The two potentially looted pieces had previously been identified by Dr. Christos Tsirogiannis and was elaborated upon in ARCA's blog here. 

Photographs of the specific objects were found among the confiscated archival records of two antiquities dealers Giacomo Medici and Gianfranco Becchina both of whom have been implicated for illicitly trafficking in Italian antiquities. 

A third identified item, Lot 9: A Roman stone mosaic panel, with an estimate of $200,000 - $300,000  remained up for auction bidding and sold today for $545,000. 

Given its less than complete collection history, it proves yet again that antiquities buyers are not yet prepared to ask auction houses tough questions prior to purchasing, forcing the art market to treat sourced antiquities like diamond buyers do blood diamonds.  Questions like does the auction house guarantee that this object was sourced ethically and does the auction house know every step of the object's journey from initial discovery through to final auction.

On March 30, 2016 in Paris, France UNESCO held a large multidisciplinary symposium examining the movement of cultural property in 2016.  As listed on the UNESCO website this event was facilitated to

Present were a long list of heritage trafficking experts, members of national delegations and law enforcement divisions concerned about illicit trafficking as well as professionals representing the licit antiquities art market. 

Catherine Chadelat, the president of the Conseil des Ventes Volontaires (CVV), the regulatory authority for voluntary sales operators of chattels by public auction in France, stressed the importance of cooperation and communication between those working for the art market and allied professionals dealing with illicit trafficking issues.  During her opening address, she stated that the CVV  "strongly encourages market actors to not only comply with applicable regulations but to go further and take on a personal ethical responsibility."

Cecilia Fletcher, Senior Director, Compliance and Business Integrity Counsel for Sotheby’s European operations underscored her auction house's ethical standards and due diligence obligations to conduct its business with the highest level of integrity and transparency.  She expressed Sotheby's willingness to work closely with law enforcement agencies and ministries of culture to resolve issues when suspect antiquities come up for auction.  Martin Wilson, co-head of legal for Christie’s International, echoed his colleague, Ms. Fletcher's, words underscoring Christie's own efforts in ensure due diligence where antiquities are concerned.

Vincent Geerling, chairman of the International Association of Dealers in Ancient Art (IADAA) told the audience, as he had previously in Berlin in 2014, that many art dealers and sellers have good knowledge of where their stock originates from, but acknowledged that consignors haven't always kept good paperwork to prove it.  Asking for a show of hands from the audience, Greeling asked if any of the UNESCO invitees had ever inherited an antique from a relative that came without its original collecting documentation.

When discussing collection histories as they relate to the current situation in the Middle East, Geerling added, complete with an accompanying powerpoint slide, that "during the past two years, IADAA has checked with every member to ask if anything from the troubled areas had been offered and they reported back not a single dodgy Syrian or Iraqi object had been offered to any of our members"  While this is encouraging, IADAA only accounts for 34 art market dealers so his sampling is restricted to a limited number of high profile dealers. 

Throughout the day these and other art market's panelists contended that their respective organisations are doing their best, and that no-one, as yet, has seen illicit material coming through their firms or associations as a result of the current conflicts in the Middle East.  Absent from their presentations were what procedures, if any, the art market leaders had in place to notify law enforcement authorities should they be approached by a dealer or collector with a suspect antiquity originating from any source country. This despite the fact that unprovenanced, looted, illicitly trafficked antiquities regularly turn up in legitimate auctions, having passed through the hands of well known suspect dealers and galleries.

In January of this year Wilson said Christie's "supports all efforts for greater transparency of information on provenance and diligence" and stated that the power auction house continues to submit its catalogues to ALR but also works with "many public and private archives, publications and academic experts to fill any gaps in provenance", including Unesco, Interpol and the US Department of Homeland Security. 

Despite that, Christos Tsirogiannis and others working with Italy's state prosecutors routinely identify objects looted from Italy decades ago,  matching the pieces through law enforcement archive photos and documentation held by the Italian authorities in relation to cases involving known tombaroli and corrupt dealers.

Three of these identified suspect pieces are currently scheduled to go on the auction block tomorrow through Christie's New York City division.

The suspect objects in the April 12, 2016 auction are: 

1) Lot 9: A Roman stone mosaic panel, with an estimate of $200,000 - $300,000

Listed Collection History (Provenance)

Private Collection, U.S.

An American Private Collector; Antiquities, Sotheby's, New York, 17 December 1998, lot 182.

with Royal-Athena Galleries, New York, acquired from the above.

Acquired by the current owner from the above, 2000.

Pre-Lot Text

PROPERTY FROM AN IMPORTANT EUROPEAN COLLECTION'

From all the previous owners, only the Royal Athena Galleries has been publicly listed in the lot's details.  Royal Athena Galleries has previously acquired stolen antiquities from the Corinth Museum in Greece and antiquities stolen from Italian excavation warehouses.  These details and the fact that these earlier objects, identified as stolen, were later repatriated to Greece and Italy should have triggered some sort of increased diligence as to this current mosaic's journey from discovery to the art market. 

In the Gianfranco Becchina archive Tsirogiannis identified a matching image of the mosaic via a leaflet created by Ariadne Galleries in New York.  The photocopied document presents the front window of the antiquities gallery, through which the same mosaic can be seen displayed on a wall. 

If Christie's has a commitment to transparency and due diligence in its antiquities auctions, as indicated in the UNESCO symposium, then why is it that they omitted the Ariadne Galleries connection in the offered lot's 'provenance' section?  

And why, if Royal Athena and Ariadne Galleries both have already been identified by Tsirogiannis in the past as having had tainted stock that at one time or another had passed through Becchina's network, weren't these two galleries a red flag to perhaps conduct a closer examination of the offered mosaic's origins?  

Tsirogiannis believes that this mosaic is likely from a country in northern Africa or the Near East. Christie's themselves mentions in their lot notes that there is a similar mosaic from Tunisia with the same subject in the permanent collection of the Bardo Museum.

2) Lot 36: A Greek black-glazed hydria, with an estimate of $8,000 - $12,000

Listed Collection History (Provenance)

Antiquities, Sotheby's, London, 10 December 1987, lot 243.

with Royal-Athena Galleries, New York.

Acquired by the current owner from the above, 1988.

Pre-Lot Text

PROPERTY FROM THE COLLECTION OF CHARLES BRICKBAUER, BALTIMORE

Royal Athena Galleries in New York are again mentioned in this lot's details. From the research of Watson and Todeschini, Tsirogiannis reminds us that Giacomo Medici was consigning and laundering illicit antiquities via Sotheby's auctions in London during the 1980s. Tsirogiannis has identified the same hydria in a print photograph from the Medici photo archive.  Curiously though, the dealer Medici is also excluded from the 'provenance' section of this lot's details.    

3) Lot 70: A Roman marble janiform Herm head, with an estimate of $40,000 - $60,000

Listed Collection History (Provenance)

Private Collection, New York, Boston & Texas, acquired prior to 1995; thence by descent to the current owner.

Pre-Lot Text

THE PROPERTY OF A LADY'

Tsirogiannis has identified the same Roman janiform marble head from two images in the archive of the dealer Gianfranco Becchina.  Becchina, like Giacomo Medici, has not been included in the lot's 'provenance' section for tomorrow's auction.

Given that this is not the first suspect Roman janiform head smuggled out of Italy into the United States via Switzerland and identified from images in the Becchina archive, one would think that the auction house would consider this object in need of closer consideration before accepting it for consignment.

Which brings me back to UNESCO's meeting statement again and a lot of unanswered questions.

To bring together for the first time market stakeholders, including representatives of auction houses and online platforms, museum representatives, cultural heritage experts, specialized intergovernmental and non-governmental organizations as well as Member States, to take stock on the situation of the illicit trade in cultural heritage and identify areas to improve synergies and strengthen international cooperation to successfully overcome this worldwide issue.

Did Christie's contact/cooperate with the Carabinieri TPC on any of these objects in order to improve synergies and strengthen international cooperation?

What is Christie's criteria for accepting or rejecting an antiquity for consignment and do they have a policy in place for notifying authorities when illicit material is suspected?

And what is the auction house's operational policy and criteria for green-lighting an antiquity for auction when said object has previously passed through known dealer/gallery sources already identified as having handled illicit antiquities in the past?

and

Where is the cooperation and communication Catherine Chadelat spoke of between illicit antiquities researchers and the art market?

Where is the commitment to transparency mentioned by Cecilia Fletcher when only a partial listing of the collection history of an object is mentioned?

Who are the academic experts working with Christie’s that Martin Wilson mentioned in January? What recommendation do these researchers have for ensuring that illegally excavated objects,  i.e. those without a "findable" trace in any art crime database, are truly clean and not simply laundered through several buyers in a ruse to create a plausible collection history.

In closing, Tsirogiannis has notified Interpol, the Carabinieri, and the American authorities of his identifications. Here's hoping that the continued spotlight, however painful, will serve as a reminder that despite the presentations in Paris and the lack of suspect Syrian and Iraqi antiquities showing up in top-tier auctions, we still have a long way to go before the licit art market is cleaned up.

By:  Lynda Albertson

The exigencies of war is oftentimes very unkind to mankind's cultural heritage, but especially so when it's a historic battlement structure.  Fakhr-al-Din al-Ma'ani Castle, which sits on a high hill overlooking the UNESCO World Heritage Site of of Palmyra in Syria is thought to have been built by the Mamluks.

This newly-liberated castle gets its current name from the Lebanese Maanite Emir, Fakhr al-Din (1590 - 1635), who himself is believed to have occupied the castle strategically during wartime and having extended the present structure from an earlier castle which stood on the rocky outcropping, perhaps dating from the 12th century.

Fakhr al-Din used the castle for a military vantage point to defensively test the limits of Ottoman rule, having expanded his area of territorial control from Mount Lebanon to as far east as the deep Syrian desert. Things didn't turn out so well for al-Din either as he was ultimately captured and subsequently executed by the Ottomans in 1635.

In evaluating the impact of the the current conflict on Syria’s cultural heritage, especially the use of heritage with tactical value like the Fakhr-al-Din al-Ma'ani Castle, there is much to consider legally.

The term ‘armed conflict’ is context-dependent in that the criteria for determining the existence of an armed conflict differ according to whether the armed violence is one fought between two or more states.  An international armed conflict (IAC) is defined by criteria derived from Common Article 2 of the 1949 Geneva Conventions as being between one state and one or more organised non-state armed groups.  

A non-international armed conflict (NIAC) is defined by criteria derived from treaty law as well as key ad hoc tribunals.  The term is used when a situation of violence involves one or more organised non-state armed groups or between two or more such groups.  When a conflict is deemed to be a NIAC it triggers the application of the law of armed conflict (LOAC).  LOAC and international humanitarian law (IHL) are often used interchangeably.

Legal qualification of the armed violence in Syria: a non-international armed conflict (NIAC)

The extent and sustained nature of armed violence, and the level of organisation of the various non-state armed groups fighting against one another or the current Syrian governing authority, have defined the situation across Syria as an NIAC as an armed conflict of a non-international character as of 2012. (See the assessment made by the International Committee of the Red Cross --ICRC).

Under the Hague Convention, as an official state party to the Convention and the First Protocol, the Syrian government is obliged ‘respect’ cultural property in their or other territory. The Convention prohibits their targeting cultural property, unless it is of ‘imperative military necessity’, a term subject to differing interpretations.  When a site is exploited by non-State actors, in situations where those structures prove to be militarily strategic to the opposing force, state military actors are still obliged to take into consideration precisely what substantive content of international law does and does not apply if targeting the site during wartime.

The Second Protocol, which Syria is not a State Party to further elaborates the provisions of the Hague Convention relating to safeguarding of and respect for cultural property and the conduct of the military during hostilities.  Both the First and the Second Protocols lead to the question of applicability of customary international law, of other sources of international law and local law and what they require of warring parties.

The collection of images below show one example of how one heritage site, specifically one with battle attributes that are considered militarily valuable to waring factions, can become a cultural causality of war.

Whether that damage was ‘imperative military necessity’ is something that will be debated for years to come. 

Russian war correspondent Eugene Poddubny from  Rossiya 24 TV has posted news footage taken with a quadcopter drone while embedded with with SAA + allies over the UNESCO World Heritage Site of Palmyra.

While the speaker narrating the video gets some of the identifications wrong, the images are heartening to see.  Clearly visible is the reconstructed Great Tetrapylon Dr. Khaled al-Asaad's team unearthed during the Palmyra Development Project from 1962 to 1966.  The video also gives an overall view of the Colonnaded Street from Diocletian's Camp, the transversal colonnade and the 2nd century CE, Roman theatre each  of which appear relatively intact.

Another drone video shows the mostly still preserved Fakhr-al-Din al-Maani Castle  (1590 - 1635).