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January 20, 2020

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Conference: Violated National Heritage: Theft, Trafficking and Restitution

The Society for the History of Collecting together with the V & A Museum present the following event. 

 Event:  Violated National Heritage: Theft, Trafficking and Restitution
Location: Victoria and Albert Museum
Lydia & Manfred Gorvy Lecture Theatre
Cromwell Road
London SW7 2RL
United Kingdom
Date: 17 March 2020
Time: 16:00 – 20:30 GMT
Ticketing:  £0.00 for Students, £13.52 for professionals



Have you ever wondered how ancient art from countries such as Egypt, Greece and Rome came to fill European and American museums? And how did national Pacific collections come into being? This conference, with a dynamic list of international speakers, will address how collecting has developed since the 16th century, and how, over the centuries, it has been regulated, even circumvented in various ways. It will also look beyond the boundaries of legal trade of art and artefacts to consider how the criminal orbit operates, how heritage-rich countries confront the trafficking of their patrimony and how museums are involved in such debates.

This conference will not tackle the Parthenon marbles debate nor war booty, but it will raise issues around patrimony laws, looting, trafficking, faking provenance and money laundering. Presentations on particular historical contexts will be followed by talks focusing on the contemporary situation, including the policing and voluntary restitution versus surrender of objects as the result of investigative evidence. Trafficking takes many forms and may include forgeries in order to satisfy demand. Both source and receiving countries have sharpened their laws, policing and prosecutions.

This conference is aimed not only at students but also art world and museum professionals, indeed at anyone interested to hear the latest information, much of which is unpublished, and to learn more about the realities behind these key issues.

Programme:

Vernon Rapley (Director of Cultural Heritage Protection and Security) & Laura Jones (Cultural Heritage Preservation Lead): The V&A’s Culture in Crisis Programme;

Barbara Furlotti (The Courtauld), on the Roman Antiquities Market during the Renaissance;

Hilke Thode Arora, Keeper Oceanic collections (Museum Fünf Kontinente, Munich), on Pacific ‘gifts’;

Eleni Vassilika, Former museum director (Hildesheim and Turin), on the operations of placing illicit Egyptian antiquities in museums;

Christos Tsirogiannis, Assoc. Prof. and AIAS-COFUND Research Fellow, Institute of Advanced Studies, University of Aarhus, formerly at the Archaeological Unit at Cambridge, as well as the Greek Ministry of Culture and the Greek Police Art Squad, on recent restitutions to Greece;

Omniya Abdel Barr, V&A researcher and project director for the documentation of Mamluk patrimony in Cairo, on the theft of elements from mosques (minbar);

Ian Richardson, Registrar for Treasure Trove (The British Museum), on how the TTAct functions;

Roland Foord, Senior Partner, Stephenson Harwood LLP, on procedures for restitution.

The day will end with a Drinks Reception.

Registration Link:
https://www.eventbrite.co.uk/e/violated-national-heritage-theft-trafficking-and-restitution-tickets-89083947485?aff=affiliate1

Monday, January 20, 2020 - ,,,,,, No comments

Trial begins with the testimony of witnesses in the case against Raouf Boutros Ghali, while Egypt continues to seek the arrest of Italy’s former honorary consul in Luxor, Ladislav Otakar Skakal

Image Credit Al Dostor News
During a court hearing on Sunday, January 19, the Cairo Criminal Court of Abdin, headed by Counselor Mohamed Ali Mostafa El-Feky, began hearing the first of witness testimony in the trial against Raouf Boutros Ghali and others on various charges related to the smuggling of Egyptian antiquities into Europe.  During that hearing, the Egyptian prosecution layed out its investigation into the case into the smuggling of 21,855 Egyptian artefacts which had earlier been seized by Italian authorities. 

Holding passports for Italy and San Marino, the defendant, Raouf Boutros Ghali, has been held in custody as a flight risk since his original arrest, February 14, 2019, and was seen held in a caged dock during throughout Sunday's proceedings.  While his trial is underway, Egypt's Prosecutor General, Nabil Sadek had previously requested precautionary custody pending the conclusion of his trial for his alleged involvement in the scheme to illegally export Egyptian heritage in contradiction of the country's laws.  

In total some 21,660 coins along with 195 artefacts were seized, some of which include 151 miniature figurines made of faience, 11 pottery vessels, 5 mummy masks, some gold-plated, 3 Islamic era ceramic tiles, 2 canopic jar heads, two wooden decorative objects, and a wooden sarcophagus. 



In statements given to the court via legal counsel, the defendant Raouf Boutros Ghali confirmed he would be fighting the charges against him and represented that he had inherited the exported pieces from his grandfather, Boutros Ghali Pasha, the first Coptic Prime Minister from 1908 to 1910.  It should be noted that the Supreme Council of Antiquities (SCA) is the institution entrusted with the protection of the Egyptian heritage in accordance with article 8 of the Antiquities Protection Act of Law No. 117 of 1983 which states:

Anyone owns any archaeological object in accordance with the provisions of this Law must notify the Council of such object within six months starting from the beginning of March 2010 provided that such persons are required to preserve such objects until the Council registers it.

Early, on May 25, 2018, Shaaban Abdel Gawad, who heads up Egypt's antiquities repatriation department within the Ministry of Antiquities, confirmed that while the Egyptian authorities had deemed the artefacts to be authentic but the objects did not appear in any of the country's antiquities registries. 

On Saturday, the prosecution also underlined its September 17, 2019 demand for the rapid arrest of Italy’s former honorary consul in Luxor,  Ladislav Otakar Skakal. Egyptian authorities had requested that Skakal be placed on INTERPOL's Red Notice in connection with his involvement in this case as the ancient objects were discovered inside a diplomatic shipping container, of the type used to transport household goods, when it came through the port of Salerno in May 2017.  

January 19, 2020

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Flashback Sunday: ARCA's Postgraduate Program: From the eyes of one of our alumni - Part I


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 participants 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 private investigator Richard Ellis, the founder of Scotland Yard’s Art and Antiques Squad. He covered lessons on the dark, seedy underbelly that is the black market and 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 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.

After a weekend of conference talks and cocktail parties ARCA participants 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 firm. 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.  This was especially appreciated given his course covers everything from everyday threats in a museum to Active Shooter incidents.

At the end of Drent’s class participants carried out a security audit at a museum. In this exercise we set out to observe surveillance cameras, security guards, museum layouts, fire prevention strategies, smoke detectors, alarm systems, and so on. The exercise gave ARCA participants 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 we 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 participants 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 some of the covered vast terrain in the world art crime and are already halfway through this intensive training. 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

January 17, 2020

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Marc Balcells comes to Amelia this summer to teach on the criminology of art crimes at ARCA's Postgraduate Program in Art Crime and Cultural Heritage Protection


By Edgar Tijhuis

This year, the ARCA Postgraduate Program in Art Crime and Cultural Heritage Protection will be held from May 28 through August 12, 2020 in the beautiful heart of Umbria in Amelia, Italy.

In the months leading up to the start of the program, this year’s lecturers will be interviewed. This week I meet professor Marc Balcells, one of the world’s leading scholars on art crime.

Can you tell us something about your background and work?

 I am a professor at the Open University of Catalonia (UOC) and an associate professor at Pompeu Fabra University (UPF). I teach criminology and criminal law. I hold degrees in Criminology, Law and Human Sciences, as well as a Masters in Criminal Law and Criminal Justice. I also hold a PhD in Criminal Justice. My research focuses mostly around transnational and organized crime, mostly related to cultural heritage crime, among other topics in criminology that I am researching as we speak, such as sexual abuse in the church and cybercrime.

What do you feel is most relevant about your course? 

The course changed drastically last edition. Before, it was all about criminological theory applied to cultural heritage crime. But I felt a responsibility with my students regarding teaching them how to design and conduct good research in this field, always within a criminological angle.  That is, instead of piling up information on any given art crime that will probably be collected from books and newspapers, the course gives participants tools to conduct serious quantitative or qualitative research and learn how to design a research project within the field of cultural heritage crime. Challenging participants to see what serious research they are able to conduct in order to improve our knowledge on this field is essential! And of course, in the meantime participants not only learn about cultural heritage crime but also about criminology and criminological theory, using other crimes as examples of crime in general, as it is one of our everyday realities that we must live with. Last edition we worked with seminal articles and books that explored cultural heritage crime: in 2020 we have more new articles and academic books exploring forgeries, art theft or looting (to name a few) which are important as they can be used by students to see how research is being conducted in this field.

The 2019 class with Marc Balcells..
What do you hope participants will get out of the courses? 

A fascination for a criminological point of view when analyzing cultural heritage crime, as well as an enchantment with the field of criminology and a fascination for the craft of research. Again, it is very important to have a knowledge not only about the existing literature but also on how to produce more research like the one that is being disseminated in conferences and academic journals and books. I do hope to train more and more serious and disciplined researchers in this fascinating field.

What would a typical day be like in your classroom?

A dialogue between myself and the students. I do ask a lot of questions in order to prompt debate: getting to know what participants think about on different topics is very enriching. But I also like to challenge them and to see how they research art theft, or looting, to name two crimes, by giving them research examples and seeing how they would improve them or simply do things differently. Gathering data on cultural heritage crime is not always easy (on the contrary!) and we researchers struggle finding them: the opinion of the students is always valuable.
The Palgrave Handbook on Art Crime..
While each year participants are very enthusiastic about your course, is there anything that you learn from them in class?

So many things! Go figure: as I said, over the years I gather brilliant insights from students that are original and intelligent. Participants must know that before I became a professor in this degree, I was a student in it: I have sat on both sides of the classroom and, therefore, I do know what is to be a student and what I wanted from a professor when I was studying. I am not only a professor on the ARCA Program but I am a graduate of it! 

I am inquisitive by nature, but much more in class. I love to ask questions and see their points of view. Also, I do love to meet with the participants after classes and enjoy a tea with them while chatting about art crime in general or helping them with their projects.

In anticipation of your course, what book, article, or movie would you recommend to the participants? 

In my case, I would recommend that they read academic research produced by scholars in whichever field of cultural heritage crime they are interested in. I can assure you that they are as fascinating as any other art crime book that is being written by journalists, for example. Therefore, I would recommend they read everything that interests them, but mainly within academia. Right now I am reading the Trafficking Culture’s book Trafficking Culture: New Directions in Researching the Global Market in Illicit  Antiquities, and Hufnagel and Chappell’s The Palgrave Handbook on Art Crime, both new additions to academic literature published in 2019.

Field trips..
What makes the annual ARCA program so unique?

Let’s say it like this: it is the intensity. Where else can you learn so much, working with top experts in this field? It is intensive and complete and, at the same time, it immerses you in the local culture of Amelia! Field trips organized by the program gives participants the in-depth experience needed to grasp most of the subjects discussed in the courses. It is the perfect setting!

Which other course in the program would you love to follow yourself and why? 

So many. Since I was once an ARCA participant myself, new courses have developed, and I would love, especially, to attend Professor Christos Tsirogiannis’ course on the hidden market of illicit antiquities. I admire his work and he is a great colleague. He was a great help with my earlier research and I could not be more grateful. He is widely acknowledged as an expert in the field and his media attention and the scope of his work is simply amazing! Again, it is the living proof of what I mentioned in my previous answer. Learning all about antiquities trafficking with Professor Tsirogiannis in Italy is an opportunity not to be missed!

Amelia...
Is there anything you can recommend to future participants of things to do in Amelia or Umbria? 

Come with an open and ready mind. Learn the culture of the place in which you will be living during your summer there. And be ready to learn a lot: work hard and there can be fantastic rewards afterwards. It is a fantastic field and it requires more and more trained minds to work in it!

Are there any funny or interesting things you experienced in Italy, outside class? 

Indeed! We are still good friends after all these years, with my colleagues. We have so many good memories with the locals, the professors, etc: after all, it is a summer-long experience. The food, the setting, the people... everything counts!

What is your experience with the annual ARCA conference in June? 

Sadly, I am always immersed teaching courses at that time and I cannot attend as much as I would like to, but I hope to change this in the near future. I have presented and attended years ago, and it is overwhelming being able to meet colleagues in this field and getting to know their research and the latest advances. These are very intense days: it is not only the conference, but the networking involved, in every single meeting. And of course, some fun to be had too, as the dinners and lunches are always fantastic!

Anything last thoughts? 

I would like to end this interview by saying that I am looking forward, as every year, to meeting our new cohort. I always come back to Amelia and ARCA with a fluttering heart, knowing I will get to meet and get to know new participants, see again some old friends, and spend days teaching and talking about cultural heritage crime.

 For a detailed prospectus and application materials or for general questions about this postgraduate program please contact us at education@artcrimeresearch.org

Edgar Tijhuis serves as the Academic Director at ARCA and is a visiting scholar at the Institute of Criminology in Ljubljana. He is responsible for the postgraduate certificate program in the study of art crime and cultural heritage protection and since 2009, has taught criminology modules within the ARCA program.

Friday, January 17, 2020 - ,,,, No comments

Recovered 'Portrait of a Lady' by Gustav Klimt deemed authentic by Italian Experts.


The painting known as 'Portrait of a Lady' by Gustav Klimt, which was recovered last December, after being discovered hidden in a utilities box attached to the Galleria d'Arte Moderna Ricci Oddi in Piacenza, has been deemed authentic by Italian experts.  During a press conference held today Prosecutor Ornella Chicca told reporters: "It is with no small emotion that I can tell you the work is authentic." 

The painting had been stolen in February 1997. Yet, despite many leads, as well as talks with a local art thief who claimed he had stolen the original while it still hung in the gallery, replacing it with a duplicate, the artwork remained missing for nearly 23 years.   That is until it was found on the very same grounds from which it disappeared.

Friday, January 17, 2020 - ,,,,,,, No comments

Recovered: Divān Manuscript containing the poetry collection of Hafez - the 14th century Persian poet of Shiraz, Fars Province, Iran


“Ever since happiness heard your name, 
it has been running through the streets trying to find you.”
--Khwāja Šamsu d-Dīn Muḥammad Hāfez-e Šīrāzī 

Thanks to the ongoing work of private investigators and cooperating law enforcement, family heirs will soon have back a rare centuries-old Persian manuscript collected by their relative.  The 14th century text was stolen from the private possessions of Iranian art collector Djafar Ghazy, who had lived in Neuhausen, in the district of Enz in Baden-Württemberg in Germany until his death at 86 in September 2007.  

While settling the estate of the lifetime bachelor, his remaining heirs discovered documentation attesting to the purchase of a valuable literary collection made up of numerous Persian and Islamic manuscripts.  In addition to sales documents, the family found a detailed computerized list of the items the collector had amassed over 45 years.  The manuscripts and books themselves, however, were nowhere to be found, apparently stolen by someone at some point prior to the elderly engineer's death.  

Turning first to a German private investigator, Erhard Reuther, who in turn encouraged the family to file their complaint with his former employer, the Bavarian State Criminal Police Office (LKA), the investigation focused on two caregivers who took an interest in the reclusive man prior to his death.  Upon obtaining a court order in December 2011, the LKA searched the apartment and storage area of "Mohamad K." in the neighbourhood of Zamdorf near Munich.  Mohamed had befriended the collector and was known to have met him for coffee and to drive him to and from his doctor appointments.  

At the culprit's home, hidden in bags and suitcases in a storage shed in the basement, law enforcement officers discovered a total of 174 books, drawings and manuscripts, some of them finely illustrated by hand with exacting imagery and fine gold leaf.  The nail on the thief's coffin: the seized objects, matched the computer inventory the collector had maintained, creating a smoking book, if not a smoking gun.  In total, the theft appears to have been worth some three million euros in assets. 

Unfortunately, two important items were not among the stash seized by the German police.  One was a missing 14th-century manuscript containing the poetry of Hafez and another was an unnamed text the thief apparently sold through a London auction house for a million British pounds.  Elderly himself, Mohamad K's only alibi was to claim that Ghazy saw him as his son and had given him everything.  The prosecution thought otherwise.  At the conclusion of his trial in Munich District Court, the thief was found guilty, but given his advancing age, was given a shortened two year suspended sentence.  

After the recovery, two magnificent copies of the Koran, willed by the collector in the form of a letter penned by Ghazy and slipped inside the books' cover, were bequeathed to the Bastan Museum in Tehran. These were then turned over to Abdollah Nekounam Ghadiri, Consul General of the Islamic Republic of Iran. Two other items, an astrological manuscript and a collection of poems by Ali Sirâsî, both from the 17th century, were gifted by the family to the Bayerische Staatsbibliothek (the Bavarian State Library) for their assistance in identifying and cataloguing the objects in their relative's collection.  The rest of the gentlemen's property was eventually returned to the collector's family in 2016, almost ten years after the collector's death, following a lengthy five-year follow-up to determine if any of the objects in Ghazy's literary collection were of illicit origin or had been reported stolen.  

Yet from there the trail of the still missing Hafez Divān, went cold. 

It has been estimated that there are at least 1,000 originally transcribed manuscripts of Hafez's poetry in Iran and other parts of the world, though not all represent the poet's complete Divān. The earliest known version is held in the al-Beruni Institute for Oriental Studies collection at the Uzbek Academy of Sciences, in Tashkent, of the Republic of Uzbekistan. It is dated 803 (1400-01) and was copied by Borhān b. Ḡiāsò Kermāni.

Known by his pen name Hafez, Khwāja Šamsu d-Dīn Muḥammad Hāfez-e Šīrāzī, (c. 1320-1389), the poet was a Sufi Muslim honoured for his mastery of Persian ghazals, which constitute the bulk of his compendium, Divān.  Believed to be the pinnacle of Persian literature, in literary circles, his works are considered to be one of the seven literary wonders of the world and as a writer and poet, he has achieved iconic status as a symbol of Persian cultural and literary identity.  

Translated into English for the first time by Sir William Jones in 1771, Western writers and philosophers, such as Ralph Waldo Emerson and Johann Wolfgang von Goethe, Friedrich Wilhelm Nietzsche, and even Arthur Conan Doyle, each in their own way paid homage to the historic Iranian writer's works.  This despite the fact that the poet's controversial verse covers everything from the hypocrisy of holy men and authorities, to love, and even the consumption of alcohol. 

This is because Hafez's words occupy a particularly hallowed space in Iranian culture, and has for centuries.  Faced with a difficult situation or decision, some Iranians are known to turn the Fal-e Hafez, a cultural tradition that roughly translates to divination via Hafez. As part of this tradition, a reader asks Hafiz, the Lisan al-Gaib, as the voice from the outer world, for his advice at an important juncture or perhaps for guidance during a dilemma in their life. 

Poetry engraved on the marble of the tomb of the great Persian writer Hafez,
Shiraz, Fars Province, Iran
To find where this Persianate manuscript had gone, the relatives of Ghazy also tried their luck by posting advertisements in German newspapers.  In them, they listed a reward of 50,000 euros.  But it wasn't until the end of 2018 when Arthur Brand, a Dutch private investigator specializing in art recovery, received a solid tip through a German art dealer of Iranian origin.  From there the trail began to look promising.

Reward Flyer
Image Credit: Arthur Brand  
Working a series of leads that lead him from Europe to the UK, Brand came to learn that the bound manuscript had been purchased in 2011 while the stolen text was still in Germany.  Acquired by a now deceased dealer, who in turn sold the text to an important collector of Persian ancient manuscripts living in England, the manuscript appeared to have travelled from the UK back to Europe briefly, when its last buyer, confronted with the problematic nature of his purchase, wanted to get his money back.  

Through a series of exchanges, Brand was able to convince the collector to relinquish the important manuscript which measures 21 x 13 cm and contains 159 handwritten pages. The words of the poet are delicately transcribed by the prominent scribe Shaykh Mahmud in 867 (1462.3), was possibly commissioned by the Qara Quyunlu ruler, Pir Budaq to write down the author's words shortly after the poet's death. 

Brand will now transport the rare transcription back to the German authorities, where it will then be returned to Ghazy's heirs. Speaking with Arthur Brand this evening about the forthcoming restitution, the art investigator stated "I would like to give special thanks to William Veres who again was crucial to this object's recovery."  The London based, Hungarian-born antiquities dealer has also provided credible assistance to Brand on the recovery of the ring once owned by Irish poet and playwright Oscar Wilde. 


January 9, 2020

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De-weaponizing Culture: ARCA offers scholarships for military affiliated CPP reservists and civilians.

Company of African American soldiers [US 5th Army] type/write reports between the ancient columns of the Greek Temple of Hera II in Paestum, Italy,
22 September 1943 Image Credit: US National Archives
Recognizing that culture has moved to the frontline of wars and conflicts, both as collateral damage and as a direct target, ARCA stands with the United Nations Educational, Scientific and Cultural Organization (UNESCO) and with the Archaeological Institute of America (AIA), founded in 1879, and North America’s oldest and largest archaeological organization, in advocating for the preservation of the world’s archaeological heritage during conflict.  Likewise believing that unwarranted attacks on culture arouse hostility in local populations, offers adversaries a potent propaganda weapon, and undermines support on the home front and among US military allies, ARCA condemns the intentional targeting of ALL cultural heritage sites during conflict in unequivocal terms.  

The U.S. Department of Defense’s Law of War Manual as well as the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its two subsequent Protocols clearly prohibit the intentional destruction of cultural heritage during armed conflict, unless said historical site has become a military objective and there is no feasible alternative for obtaining a similar military advantage.  Despite these obligations, included in international treaties and military regulations, ARCA as a group of civilian observers to the globe's conflagrations, remains concerned about cultural property protection in host and occupied nations, especially where regional and global conflict or symmetrical and asymmetric warfare are, or have, or might place a country's heritage at risk. 


Seventy-six years ago, 29 December 1943 to be exact, then General Dwight D. Eisenhower, commander of United States forces in Europe as well as commander of the Allied armed forces, who fully understood the complexities of war,  understood the need for protecting culture in times of conflict.  

Putting his thoughts and concerns to paper, Eisenhower wrote:

To: All Commanders 

Today we are fighting in a country which has contributed a great deal to our cultural inheritance, a country rich in monuments which by their creation helped and now in their old age illustrate the growth of the civilization which is ours. We are bound to respect those monuments so far as war allows. 
If we have to choose between destroying a famous building and sacrificing our own men, then our men’s lives count infinitely more and the building must go. But the choice is not always so clear-cut as that. In many cases the monuments can be spared without any detriment to operational needs. Nothing can stand against the argument of military necessity. That is an accepted principle. But the phrase “military necessity” is sometimes used where it would be more truthful to speak of military convenience or even of personal convenience. I do not want it to cloak slackness or indifference.

It is a responsibility of higher commanders to determine through A.M.G. Officers the locations of historical monuments whether they be immediately ahead of our front lines or in areas occupied by us. This information passed to lower echelons through normal channels places the responsibility of all Commanders of complying with the spirit of this letter.

Dwight D. Eisenhower
General U.S. Army
Commander-in-Chief

File: CAD 000.4 (3-25-43) (1), Sec. 2, Security Classified General Correspondence, 1943-July 1949, General Records, Civil Affairs Division, Records of the War Department General and Special Staffs, RG 165.

Understanding that when armed conflict, intentional destruction and looting damage or destroy cultural heritage, peace and security are simultaneously threatened, ARCA began offering a select number of Minerva scholarships to heritage professionals working in the conflict and post conflict countries of Iraq, Syria, Yemen, Libya and Egypt.  From 2015 until 2019 these Middle East focused scholarships have provided cost-free training to individuals living and working in specific conflict and post-conflict countries, involved in heritage protection.  These scholarships were established under the premise that cultural heritage personnel in at risk source countries, tasked and trained in art crime and cultural property protection, serve to help communities to understand, prevent and mitigate crimes against cultural in their respective homelands. 

Extending that advocacy into 2020, and given the recent statements made by US president potentially condoning the targeting of culture in Iran, ARCA has approved two full-tuition scholarships for its Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection to US military personnel or allied civilians working to protect heritage in a military context and co-operating with the civilian authorities to avoid collateral damage of cultural heritage sites from military operations.

Understanding that cultural property protection can be a force multiplier instead of an ethnic or regional divider, by concurrently contributing to international and domestic stability and goodwill, interested civilian and military personnel should write to ARCA at support@artcrimeresearch.org for further information on what is needed to qualify and apply. 

Why not help us change the narrative and curb this scourge by de-weaponizing cultural heritage and by showing respect for the sacrifice of those working in military settings ethically tasked with saving culture, despite the complicating exigencies of conflict. 

January 8, 2020

Wednesday, January 08, 2020 - ,,,,, No comments

27 individuals investigated in Italy involved in online transactions of illicit objects plus a curious research method for identifying illicit antiquities


Those who purchase illicit art works come in all walks of life.  Some buyers are medical professionals, some are lawyers, and some are wealthy entrepreneurs.  These are just a few of the profiles of the 27 individuals from Bari and Foggia under investigation following an operation carried out by the Carabinieri Cultural Heritage Protection Unit in Bari.



 Some of the objects recovered included:

140 archaeological finds datable from 300-400 B.C.E. 
200 fragments largely attributable to the area of ​​Magna Grecia 
30 ancient weapons including one supplied to the Bourbon army and another to the papal troops 
and a 16th century bronze cannon cast in Ljubljana, Slovenia

Yet, searching for those co-involved, did not just include the monitoring of commercial websites dedicated to the sale of ancient and historic objects.  During a six month long investigation, led by Major Giovanni Di Bella, Carabinieri TPC officers used an interesting and creative approach.  

While monitoring websites used for the buying and selling of art, officers from the TPC also turned their eyes to websites advertising tony residential property for sale in Italy. By studying real estate photos of the interiors of these properties, the carabinieri were able to identify houses that contain works of art, photographed in their pride of place locations, inside some of southern Italy's luxurious homes.

Giving it a try myself, within a few clicks I too, easily found photos depicting ancient art, displayed and photographed in plain view within residential settings while randomly checking advertisements for villas within the Rome market. Keeping in mind that a photo alone does not define an object's legitimacy or illegitimacy, these types of reviews can provide an interesting starting point for investigators.  

Image screengrab saved from a Rome property weblisting  
As a simple hypothetical illustration of the methodology, I identified a photo of the villa interior inside a 20-room estate for sale within the Parco Regionale dell'Appia Antica, along the main Roman road that started in 312 B.C.E.  This property dates to the 1800s, so the ancient objects photographed would most likely have been uncovered during the establishment of the structure and should therefore have a proper pedigree.  But how to know for sure?

A further search about the history of the property reveals that the house was built on the remains of an ancient basalt quarry which provided material for the Regina Viarum and was once owned by Carlo Ponti, an Italian film producer and husband of the actress Sophia Loren.  Sitting just 300 meters from the tomb of Cecilia Metella and a 10 minute drive away from the Colosseum, it isn't possible to understand which, if any, of the objects shown on the property listings are part of the original holdings of the property and which might have been purchased on the ancient art market by the filmmaking couple, or it's subsequent owner, Giorgio Greco.  If the 100 Roman artifacts and sculptures documented in this sale form the collection of the original property owner, they would/should have been duly reported to the Superintendency.

That said, tweezing out what is licit vs possibly licit is where the expertise of the Carabinieri is required and their novel approach to identifying ancient art perhaps purchased unawares by individuals who may or may not have failed to do their due diligence, is an interesting one.  One thing is for sure, monitoring photographs like these on real estate sites can give law enforcement a greater understanding of who has legitimate works of ancient art, and on occasion, as the Bari investigation demonstrates, may also provide leads in who is dealing in or purchasing illicit material.  This in turn can help lead law enforcement to dealers and middlemen suppliers transacting in illicit art.

Food for thought. A beautiful photo can mean different things to different people. 

January 6, 2020

Monday, January 06, 2020 - ,,,,,, No comments

A culture of impunity on the cultural causalities of war


Op/Ed by Lynda Albertson

Twice in the span of only 24 hours, the current president of the United States has implied that in the event of retaliation against the killing in Baghdad of General Qassem Soleimani, the cultural sites of Iran would be fair game as military targets. 

Over the course of two late night tweets on Saturday, 4 January 2020, President Trump first wrote:

"Iran has been nothing but problems for many years. Let this serve as a WARNING that if Iran strikes any Americans, or American assets, we have..... 

....targeted 52 Iranian sites (representing the 52 American hostages taken by Iran many years ago), some at a very high level & important to Iran &  the Iranian culture, and those targets, and Iran itself, WILL BE HIT VERY FAST AND VERY HARD. The USA wants no more threats!"


The US leader's second statement, verbal, was made aboard Air Force One on Sunday, 5 January 2020.  Given the frequency with which President Trump has wielded his twitter account to bend constituent opinion to his will, attacking investigations such as the special counsel and impeachment probes, liberal news organizations, Democrats, and various country leaders around the globe, those reporting aboard the presidential airplane sought clarification on the American president's troubling tweet.

Responding to their query, the President Trump expanded on his earlier provocatory statement saying:

"They’re allowed to kill our people. They’re allowed to torture and maim our people. They’re allowed to use roadside bombs and blow up our people,” the president said. “And we’re not allowed to touch their cultural site? It doesn’t work that way."

Both of these statements were made following Major General Hossein Dehghan's own escalative words after the U.S. ordered the killing of Soleimani. Interviewed by CNN journalists in Tehran, Dehghan, who serves as military adviser to Iran's Supreme Leader, Sayyid Ali Hosseini Khamenei stated that Iran would retaliate directly against US "military sites" as a reprisal for the death of the controversial Iranian general.  

Is Art Worth a Life? 

 Authoritarian regimes have been known to use cultural heritage manipulatively, in accordance with their own needs, and often in complete disregard to prevailing international law.

While tensions between the US and Iran escalate, it is important to remember that with respect to the protection of cultural property during armed conflict the general provisions of customary international humanitarian law (IHL) Rule 38, protecting civilian property, apply.   This rule requires that each party to the conflict must respect cultural property and specifies that:


Likewise specific protections, recognizing the importance of a country's cultural heritage to humankind are enshrined in the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.  Article 4, (Respect for cultural property) states:

1. The High Contracting Parties undertake to respect cultural property situated within their own territory as well as within the territory of other High Contracting Parties by refraining from any use of the property and its immediate surroundings or of the appliances in use for its protection for purposes which are likely to expose it to destruction or damage in the event of armed conflict; and by refraining from any act of hostility, directed against such property.

2. The obligations mentioned in paragraph 1 of the present Article may be waived only in cases where military necessity imperatively requires such a waiver.

3. The High Contracting Parties further undertake to prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation of, and any acts of vandalism directed against, cultural property. They shall refrain from requisitioning movable cultural property situated in the territory of another High Contracting Party.

4. They shall refrain from any act directed by way of reprisals against cultural property.

5. No High Contracting Party may evade the obligations incumbent upon it under the present Article, in respect of another High Contracting Party, by reason of the fact that the latter has not applied the measures of safeguard referred to in Article 3.

The Hague Convention is based on the principle that "damage to cultural property belonging to any people whatsoever means damage to the cultural heritage of all mankind, since each people makes its contribution to the culture of the world." 

 The Second Protocol, 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 the warring parties.

Under the Hague Convention, as an official state party to the Convention and the First and Second Protocols, the Iranian government is obliged ‘respect’ cultural property in their or other territories.   The United States of America deposited their instrument of ratification of this Convention on 13 March 2009.  Their own instrument contained the following additional declarations:

(1) It is the understanding of the United States of America that “special protection”, as defined in Chapter II of the Convention, codifies customary international law in that it, first, prohibits the use of any cultural property to shield any legitimate military targets from attack and, second, allows all property to be attacked using any lawful and proportionate means, if required by military necessity and notwithstanding possible collateral damage to such property.

(2) It is the understanding of the United States of America that any decision by any military commander, military personnel, or any other person responsible for planning, authorizing, or executing military action or other activities covered by this Convention shall only be judged on the basis of that person’s assessment of the information reasonably available to the person at the time the person planned, authorized, or executed the action under review, and shall not be judged on the basis of information that comes to light after the action under review was taken.

(3) It is the understanding of the United States of America that the rules established by the Convention apply only to conventional weapons, and are without prejudice to the rules of international law governing other types of weapons, including nuclear weapons.

(4) It is the understanding of the United States of America that, as is true for all civilian objects, the primary responsibility for the protection of cultural objects rests with the Party controlling that property, to ensure that it is properly identified and that it is not used for unlawful purposes.

The 1998 Rome Statute of the International Criminal Court, which established the International Criminal Court (ICC) at the Hague, and confronts the most serious crimes of concern to the international community as a whole (in art. 8(2)(b)(ix)) prohibits during international armed conflict intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives.  The International Criminal Court further underscored its stance on crimes against heritage as a potential war crime as recently as the August 2016 case against Mr Ahmad Al-Faqi Al Mahdi. During his trial, Prosecutor of the ICC, Fatou Bensouda, gave an opening statement recognizing that "deliberate attacks on cultural property have become actual weapons of war. They are being used to eliminate entire communities and wipe out any traces left of them, their history and identity, as though they never existed." 

Unfortunately, due to its limited jurisdictional power and investigatory resources only the worst crimes against humanity van ever be prosecuted by the ICC and then only if the suspected individual is a citizen of a State Party to the ICC Statute.

Ratified by 122 countries, including all of South America, almost all of Europe, most of Oceania, and about half of Africa, the Rome Statute has only been signed (and not ratified) by the United States, who further informed the United Nations that they do not intend to become a state party. Opposed to the empowerment of an international court that could try U.S. military and political leaders under international law, the US maintains observer status as a non-ratifying country during the Assembly of States Parties.

Most recently, and in response to attacks on heritage by terrorist organizations, the United Nations Security Council unanimously adopted Resolution 2347 on 24 March 2017 in order to strengthen protections for heritage during armed conflicts where they are most vulnerable. This resolution, enacted by the 15-member council, of which the US is a permanent member, univocally condemns the unlawful destruction of cultural heritage in the context of armed conflicts, notably by terrorist groups, however not exclusively.  This UN resolution also affirms that attacks against cultural heritage might constitute a war crime and therefore perpetrators must be brought to justice. In drafting this resolution the UN Security Council stated that the protection of heritage is a key means for the maintenance of international peace and security and noted how intimately cultural heritage and identity are linked.

That being said, the exigencies of war will always be unkind to mankind's cultural heritage where the atrocities (and ultimate persecutions) of one actor are not always balanced with those of their heritage destruction counterparts, simply based upon the previous pen strokes of their government's legal representatives.

The Pentagon’s two pronged interest in culture: What distinguishes data gathering for heritage preservation from espionage?

Despite the Pentagon’s October 2019 announcement that it would be reviving a version of one of World War II’s most storied military units, the teams of art experts once referred to as the Monuments Men, not everyone in the US military seems to be on the same page with the US President when it comes to the preservation of cultural heritage in zones of conflict and unrest.

US military, preparing to deploy, receiving training
on the 1954 Hague Convention and
the cultural heritage sites of Afghanistan.
The revised US military team, to be made up of Army Reserve officers serving under the Civil Affairs branch, aims to serve as a scholarly liaison for military commanders and the local authorities, helping to secure the cultural heritage in conflict zones. These reservists are also tasked with informing the United States military and allied forces of sites to avoid in the event of pending airstrikes or on the ground engagements in the event of war and conflict.

Ras Almargeb, Libya. 
Gadhafi forces stationed six mobile radar units
in proximity to this ancient Roman fort. All six
were destroyed with minimal damage
to the heritage site. Image Credit - Joris Kila
One has to wonder what those tasked with developing "No Strike" lists are thinking regarding President Trump's statements of suggested intentional destruction of cultural property, as part of an overall US military strategy, should Iran's government move to escalate tensions in an eye for an eye counterattack.

Did the US president envisage how such portending threats might place this new team on shaky ethical terrain, given that they cannot control the use of the ethnographic intelligence they collect for the military, and thus, cannot ensure their work isn’t used to harm the very heritage they are tasked with trying to protect?  Likewise, gaining the trust of neighboring Middle East countries, in sharing their own georeferencing data coordinates on cultural heritage sites with the US military, on the pretext of protecting culture property, probably just got a whole lot harder.

In closing, while some may see this Op Ed as a partisan article, that is truly not this writer's intention. This is an article which underscores the laws and instruments in place which sometimes hold individuals accountable for their actions and other times seem to be just grand wishes or written gestures that don't really adequately address the definition of the vexing question of ‘military necessity’ as it relates to cultural property destruction in the laws of armed conflict.  That grey area, subject to individual interpretation(s), often fails to impede those determined to weaponize culture and cultural fissures on the pretext of vanquishing one's enemies.

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