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October 18, 2015

Sunday, October 18, 2015 - No comments

Art as a Tangible Asset

Panel Discussion: Exploring the Questions of Estate Planning, Gifting and Charitable Donations for Collectors and their Advisors 

Presented as part of The Print Center 100

Date:  Wednesday, October 28, 2015

Registration:  8:00am: Registration

Panel Discussion: 8:15 – 9:00am:
Questions and Networking

Focus during this event will be works being offered in
Freeman’s upcoming auction: Modern & Contemporary Art on November 01, 2015

Panelists include:

Robert J. Morrison
Founder, The Project Group, art collector and author with Rockefeller
Philanthropy Advisors of The Fine Art of Tangible Assets

Ruth Fine
National Gallery of Art Curator (1972-2012), where she organized the
Dorothy and Herbert Vogel Fifty Gifts for Fifty States Project; and Chair of
the Roy Lichtenstein Foundation Board

Taylor Custis
Senior Wealth Strategist, Abott Downing

William R. Valerio, PhD
The Patricia Van Burgh Allison Director and CEO, Woodmere Art Museum

Kevin P. Ray
Greenberg Trauring, LLP.
Advises artists, art galleries, art collectors, museums and cultural
institutions, and art lenders on art-secured loans, consignments, questions
of title, provenance, and compliance with national and international law

Brian A Bernhardt
Senior Vice President, Corporate Client Group Director, Private Wealth
Advisor, Morgan Stanley

Location:
Freeman’s
1808 Chestnut Street
Philadelphia, PA

Reservations are required as seating is limited.

Please RSVP to:
Tessa Laney
267.414.1239
tlaney(at)freemansauction.com

October 17, 2015

Saturday, October 17, 2015 - No comments

The Holy Site of Joseph's Tomb قبر يوسف, in Nablus Has Long Been the Target of Palestinian-Israeli Discord

Tomb of Joseph in 1908
Joseph's Tomb  (Hebrew: קבר יוסף‎, Kever Yosef, Arabic: قبر يوسف‎, Qabr Yūsuf) was set ablaze overnight in the West Bank amid unrest in the territory. The tomb is located at the eastern entrance to the valley that separates Mounts Gerizim and Ebal, some 230 metres (750 ft) north of Jacob's Well, on the outskirts of the West Bank city of Nablus in the Palestinian Authority, near the site of biblical Shechem.  In the biblical tradition, this is the burial site of the son of Jacob who served the king of Egypt.

The heritage attack came as the Palestinian-led Ḥarakat al-Muqāwamah al-ʾIslāmiyyah (Islamic Resistance Movement), referred to by its acronym "Hamas" called for another day of ragein protest to the Israeli-occupied West Bank and East Jerusalem.  Both events serve to further escalate tensions that in the past two weeks have taken the lives of dozens in both Israel and in the Occupied Palestinian Territories. 

The site of Joseph's tomb has been venerated throughout the ages by Samaritans, Christians, Jews, and Muslims.

Though the authenticity of Joseph’s Tomb has long been a matter of debate, its identification with Joseph is many centuries old. According to Jewish tradition Joseph's bones were returned from Egypt and buried in the town of Shechem. Shulamit Aloni, Israel's former Minister of Education, cited archaeologist Meir Ben-Dov, who asserted that the site contains the late Arab grave of a 19th century sheikh by the same name. The Muslim scholar believed to be buried there is Sheik Youssef Dawiqat, a cleric who is said to have healed the sick by reading them verses from the Koran.

But despite being the object of devotion by both Muslims and Jews, Joseph's Tomb has long been a flash point for violence against practitioners of the Jewish faith. The conflicts around the holy shrine underscore a stunning and long standing lack of regard for the sanctity of the place and the complexities of protecting just one of the many at risk religious sites in the Holy Land in its contested areas.

In addition to this week's fire Joseph's Tomb has been an ongoing bone of contention and symbol of discord between Palestinians and Jews for decades.

In the mid-1980s an Israeli Defence Forces military outpost was built at the site along with a yeshiva, Od Yosef Chai (Joseph Still Lives). By 2013 and due to its extremest views, the Israeli government cancelled its government funding support of the yeshiva's programs, due to the school's encouragement of violent actions and provocation against Palestinians and the security services.

On the eve of the Sukkot (the Jewish Feast of Tabernacles) at the end of September 1996 the site was fired upon during the the Western Wall Tunnel riots and six Israeli soldiers were killed.  During that incident, the tomb and army post were ransacked and the yeshiva, as well as hundreds of religious books, were burned.
Palestinians stand on the roof of Joseph’s Tomb in Nablus
on October 7, 2000
Also in October 2000 during the Al-Aqsa Intifada the Islamic Resistance Movement (Hamas) declared an earlier "day of rage" on October 6th, urging Palestinians to attack Israeli army outposts in the occupied territories.

Then-Prime Minister Ehud Barak ordered a unilateral retreat from the area around Joseph's tomb in order to prevent further loss of life to lower tensions after intense fighting left seventeen Palestinians and one Israeli soldier dead and wounded more than 170 people.

On October 7, 2000, based on a Palestinian agreement to protect the site, Israeli defence forces withdrew, and the last IDF soldiers evacuated religious site at 3:00 am. Palestinian policemen, who were supposed to take over the protection of the site, watched helplessly as a frustrated mob soon overran the shrine-  Palestinian Authorities said there was little they could do to stop the anger-led destruction.

As seen in the October 7, 2000 photo above, the rampaging rioters took out their frustrations by severely damaging much of the humble site. During the incident vandals attacked the tomb with pickaxes, sledgehammers and even with their bare hands. Jewish prayer books were ripped apart and their pages left scattering in the wind.  Furniture and religious objects were also burned. A rabbi, who had walked to the site on October 8th, hoping to salvage the Torah scrolls, was murdered. As a result of the increase in violence Isreali Defence Forces reduced the Jewish presence to the site to a once-monthly evening visit, trucking in worshipers on that day by the busload.  This change in visitation however did little to decrease tension between the two religious factions and left the site extremely vulnerable to sporadic attack.
Crypt destruction inside Joseph’s Tomb.  Photo published
in March 2003, the two pillars beside the crypt are still visible.

While previous desecration to the site were severe, up until March 2003 there were no reports of damage to the cenotaph which sits inside the shrine. Sometime between 2000 and 2003, the crypt was smashed into the pile of rubble seen in the image to the right.  The site remained in shambles for years as can also be seen in this later photo article by New York Times photojournalist Rina Castelnuovo who shot images of worshipers still gathering in the detritus.

In September 2007 during a visit for Chol Hamoed Sukkot, it was discovered that the tomb had been vandalised even further; this time the inner spaces had been filled with garbage and set alight.  In an act of reconciliation, a group of Palestinians set to work to clean the tomb in November of that same year only to have determined vandals return in February 2008 setting fire to by igniting tires they brought inside.

Ten months later on December 23, 2008 the IDF accompanied a team of workers from the Shechem Echad organization to Joseph's Tomb. With funding by anonymous donors, and experience restoring historic Jewish graves throughout Samaria, the team set about repainting the blackened walls of the defaced site, and to restoring the tomb's cenotaph. Their restoration work would be short-lived and did little to deter further site damage.  Not long after they finished, fresh footprints where found in the newly poured and not yet dried cement.

April 23, 2009 the site was defaced again. Boot prints were found on the grave itself and swastikas had been painted on the tomb's walls along with ominous graffiti depicting a blood-dripping sword and a boot hovering above a Star of David symbol underscoring that holy places in contested areas create the potential for military, theological, and political clashes, as long as there is political divide.

On April 24, 2011 a skirmish between Israeli soldiers and Palestinian youths at the site resulted in more tires being set on fire, this time at the entrance of the tomb. According to a less than clear investigation by the Israel Defence Forces and the Palestinian Authority, the event seems to have been sparked when Palestinian security forces opened fire on three cars full of Israelis who entered the West Bank compound of Joseph's Tomb without IDF permission, breaking through a local checkpoint. How the two incidences fit together has never been fully explained.

On Sunday July 6, 2014 angry Palestinians tried to again tried to firebomb Joseph’s Tomb as riots in the area dragged into their fifth day following the Shin Bet confirmation that several Jewish suspects had been arrested in connection with the murder of East Jerusalem teenager, Muhammed Abu Khdeir. The rioters were stopped from damaging the tomb by Palestinian Authority security forces who used tear gas to deter the assailants from approaching close enough to do serious damage.

During Shabbat on August 1, 2015 Palestinian vandals again targeted the site and tried to burn down the ancient tomb as a "revenge" attack for the lethal arson by Israeli extremists that killed a Palestinian infant in the West Bank a day earlier.

On September 21, 2015 rioters hurled stones and firebombs, and rolled burning tires at Israel Defense Forces soldiers guarding twenty busloads of Jewish worshipers who had come to pray at the tomb during a Yom Kippur Eve visit. One soldier was injured.

As reported by Palestinian news agency WAFA today's most recent attack on the Nablus tomb compound has drawn sharp condemnation from Palestinian Authority President, Mahmoud Abbas. Abbas denounced the arson as an “illegal act that harms our culture, religion and ethics” and ordered the damages to be repaired, adding that the authorities would be opening an investigation to find the culprits responsible. Israel's military estimated that 100 people converged on the tomb before Palestinian security forces arrived and were able to push them back and extinguish the blaze.

But despite political condemnation of the destruction, some Palestinians and Israeli settlers in the area remain far from reconciliation.  Leaders of the extreme right yeshiva, The Od Yosef Hai that was once located at Joseph’s Tomb and then moved to Yitzhar, referred to the torching of the tomb as a pogrom.  Frequented by violent Jewish settlers, the yeshiva's aggressive doctrine has called upon settlers and their supporters to exact revenge against their opponents and members of its leadership have been known to actively condone the use of violence.

In the past, some of the controversial yeshiva's students have allegedly been involved in 'price tag' attacks against Palestinian villages and area security forces demonstrating that finding an accord is still a long way off. According to the Hebrew news site site Kipa Od Yosef Hai has demanded that Israel's Prime Minister Benjamin Netanyahu and the army “immediately and completely cancel the terror monstrosity known as the ‘Oslo Agreements,’ and bring back Jewish control over Nablus and the rest of Israel.”

The yeshiva's, rigid stance underscores that shared religious sites in the Holy Land revered by both Jews and Muslims, and that anchor competing religious and national identities have been, and will remain, physical and diplomatic battlefields for Israel and Palestine. Rooted in strife, the significance of sites like Joseph's Tomb and Temple Mount/Haram el-Sharif, one of the most important religious sites in the Old City of Jerusalem, magnify the religious significance of the location.  This gives them symbolic and strategic importance in the political tensions making them vulnerable during the ongoing Israel-Palestine conflict.

Protecting heritage symbols like Joseph's tomb in spite of heightened religious and ethnic tensions will requires cooperation not just between Israeli and Palestinian political leaders and security authorities, but also the area's joint religious leaders who serve to shape the meaning and value that sacred places hold for believers and the attitudes of their respective followers.





October 16, 2015

The 2016 World Monuments Watch List

Yesterday, World Monuments Fund (WMF) President and Chief Executive Officer Bonnie Burnham announced the 2016 World Monuments Watch List. Established in 1996 and published every two years, the list brings to the fore diverse archaeological, architectural, and cultural sites at risk from an array of threats, ranging from forces of nature, development, climate change, natural decay and political upheaval.  This year's list features 50 sites in 36 countries. 

Some of those spotlighted include:

This year's list also included the Unnamed Monument which acknowledges the deliberate damage and destruction of thousands of cultural heritage sites in areas of political and social instability. This monument "seeks to shift the focus to local populations who are losing their cultural heritage and history, and away from our own outrage, which plays to the propaganda of those who are perpetrating this damage."   

Find the full 2016 World Monuments Watch List and more information at the World Monument Fund's website.

By Kirsten Hower


October 7, 2015

Wednesday, October 07, 2015 - , No comments

It Is Time to Act

by Marc Masurovsky and Ori Z. Soltes
On September 28, 2015, at the United Nations, President Obama proposed to fight ISIS and other forms of “violent extremism” using a savant blend of targeted air strikes, ideas, jobs, and good governance. As if DAESH/ISIL cares one bit. 

It’s hard to imagine how one can square those well-intentioned thoughts with the devastation that is reshaping forever the map of the Middle East. Iraq, Syria, Lebanon, Turkey, Egypt, Libya, and Jordan are but a few of the countries directly affected by the apocalyptic and sustained outbursts of violence unleashed upon them by militants from DAESH/ISIL. 

Nearly as important is the eradication of cultural icons, described by every figure of international politics as “belonging to humanity.” Sites that have survived thousands of years of military conflicts, droughts, and societal mischief are now being razed by gangsters posing as religious fighters wishing to establish a pure version of their faith. This is not the place to comment on the merits of their plan, rather the consequences of this plan being implemented by means of the tools of our digital age combined with ruthless, genocidal violence. DAESH/ISIL has been able to recruit followers from one hundred different countries who are willing to give their lives to their cause. This is no small feat.  

Luckily, President Obama is no Neville Chamberlain, the famously appeasing British Prime Minister who wished the best of luck to Hitler in September 1938. His proposal to co-exist with Germany’s Chancellor proved to be at the expense of Europe writ large; the purpose of the appeasement of Germany was to keep Britannia intact and not to shed a drop of British blood, in the hopes that Hitler would be reasonable with a neighbor willing to declare itself a benign ally. We know how that story ended.

Are we now facing the same predicament? While we take time to invest in ‘ideas, jobs and good governance,’ the entire Mediterranean region may be revamped by DAESH/ISIL and both its followers and those fleeing its clutches. 

Since there is no international political will to send hundreds of thousands of troops to the Mideast to combat DAESH/ISIL, what can be done in the short- and mid-term to stanch the consequences of the genocide? How can we safeguard the artifacts and sites that embody thousands of years of history in what we habitually call “the cradle of civilization” while protecting the lives of those who live and coexist with them within that “cradle”? 

World War II provides us with useful examples of responses and initiatives that were put into place to combat and defeat the Axis powers (Germany, Italy, and Japan—and their allies). If adapted to our current predicament, managed, staffed, and financed properly, these measures and initiatives could have a measurable deterring impact on the financial and intelligence networks of DAESH/ISIL, and stop the reaping of enormous sums that this horrific organization obtains in exchange for looted antiquities and precious objects. 

1/ Economic warfare and countervailing strategies aimed at choking the financial, and commercial capacities of DAESH/ ISIL. 

During WWII, the United States and the United Kingdom initiated or refined measures aimed at establishing or strengthening barriers to the Axis countries’ ability to trade and obtain cash and commodities needed to supply the Axis war machine:

a/ the Trading with the Enemy Act (TWEA) in the U.S., as amended, prohibited all financial and commercial relations with anyone directly or indirectly associated with the Axis. Translated into terms relevant to 2015, the TWEA would likewise prohibit nationals from countries where the TWEA is enacted from entering into transactions with anyone directly or indirectly connected with DAESH/ISIL. Current measures in place must be strengthened to reflect the wartime intent of the TEA.  

b/ specific directives were passed in the U.S. (Treasury Directive 51072 in particular) which aimed to regulate the importation into the U.S. of any asset worth 5000 dollars or more (in 1940 dollars). The purpose was to regulate, if not prohibit, cultural and financial assets in order to prevent the recycling of loot in the US and its monetizing to the benefit of the Axis. Such directives can be enacted in the US, purposed to regulate and/or prohibit the importation of cultural objects from conflict areas. (The British government imposed similar restrictions and its Ministry of Economic Warfare (MEW), together with the Exchequer and other departments became the locus of financial and commercial intelligence collection on the Axis for the duration of WWII). 

With the help of Customs (today’s DHS), these objects would have to be accompanied with full documentation attesting to the objects’ geographic origins and the identity of the various owners in order to preempt the resale and/or display of these looted objects on US soil. 

c/ the publication of a Proclaimed List (US)  (or Statutory List in the UK) of individuals who have done or are doing business directly or indirectly with the Axis powers. This list was meant to act as a deterrent and as reference for anyone wishing to transact with individuals who might be linked with “violent extremism.” Create such a list of individuals, companies and officials connected directly or indirectly with DAESH/ISIL. 

2/ The implementation of trade and other barriers: 

During World War II, the British government oversaw the imposition and enforcement of a naval blockade in the Atlantic Ocean.aimed at deterring traffic between Europe and Africa on the one hand and the Americas on the other that the Allies deemed of benefit to the Axis powers. Blockade enforcers boarded ships and inspected their goods, commandeered those ships to vetting stations, confiscated and sequestered suspicious cargo, worked with shipping companies to ferret out suspicious individuals and interdict dubious shipments from leaving European shipping points through a navy certification (navicert) program.

Blockade-like measures could be adapted to today's more complex international environment along land, sea and air routes to preempt plundered assets from reaching international markets around the world. 

In that regard, as a more practical and enforceable measure, a 120-day renewable moratorium could be imposed on all transactions involving cultural, artistic and ritual objects with a direct provenance leading to the zones occupied by DAESH/ISIL, regardless of their “cultural significance” and if they have earned the coveted label of “national treasure.” (The new AAMD protocols on "safe harbor" for "conflict antiquities" reflect this extremely limited view of objects worth protecting).

Such a moratorium would prohibit all transactions outside of the conflict areas involving those objects, regardless of their purpose—trade or display. The moratorium could be established for a period of 120 days, and, if efficacious, could be renewed at will until no longer needed. 

3/ Tightening up due diligence and documentation rules for cultural and artistic objects: 
Cultural institutions, members of the art trade, individuals and/or corporate entities, have historically been lax when faced with the acquisition of rare and unique objects whose aesthetic and historical value might trump a defective provenance due to lack of documentation. Such laxity is rampant through the art world and, although some museums and auction houses have increased their vigilance, most are not operating at a level of diligence that meets the ethical smell test. 

In order to preempt the entry of looted antiquities into private and public collections, documentation accompanying these objects must be considered a precondition to their sale and/or display in areas outside of the zones occupied by DAESH/ISIL. This is a critical measurable way of preventing a contaminated object from entering a collection or a display case. 

4/ Military intervention to protect sites that we deem critical to humanity: 

In order to put an end to the devastation wrought by individuals and organizations bent on reshaping the planet and its societies to suit their own narrow vision of life, one has to become somewhat selfless and recognize that some issues are worth the ultimate sacrifice, because of their larger significance. 

Complacency and idle chatter are the enemy now. For every day that goes by where another international conference seats the “stakeholders” to debate endlessly about how to stop the onslaught, is another day of victories for DAESH/ISIL whose henchmen amuse themselves by destroying monuments, some as old as several millennia, that had stood unmolested since their creation.

DAESH/ISIL do not believe in dialogue. They can only be defeated with force. And so must it be. Does the international community have what it takes to “take them on”? 

Let’s face facts: we cannot do away with extremism. It is here to stay, it has always been with us and will always be, as a virulent extension and manifestation of human nature. 

Social and economic inequities, political and religious intolerance and persecution, all manners of discrimination based on creed, belief, cultural and linguistic background, sexual and other orientations, constitute the petri dish from which groups like DAESH/ISIL sprout and spread. The eradication of DAESH-like movements can only happen through a radical overhaul of how we globally conduct business and how we treat one another. 

Until then, let’s consider the following as deterrent countermeasures to DAESH/ISIL-controlled trafficking in artistic, cultural and ritual objects extracted illegally from territories that this movement occupies and/or influences: 

-economic warfare,
-regulation of the antiquities trade,
-publication of lists of individuals and companies known to do business directly and indirectly with DAESH/ISIL agents and representatives, 
-beefing up import and export restrictions on poorly documented antiquities originating from zones held or influenced by DAESH/ISIL, 
-120-day renewable moratorium on all trade of antiquities from conflict zones,
-ground-based, naval, and air blockades to preempt traffic of looted assets from DAESH/ISIL zones of occupation, 
-strengthening of human and signal intelligence capacities, 
-military protection of cultural sites “dear to humanity,” 
-building broad coalitions around minimalist goals aimed at preempting the looting and plundering of lands under DAESH/ISIL occupation and containing the hydra towards a view to neutralize it and roll it back. 

It is time to act. 


HARP was co-founded in September 1997 in Washington, DC, by Ori Z. Soltes, Willi Korte, and Marc Masurovsky to document cultural property losses suffered by Jewish individuals, families, and institutions between 1933 and 1945 at the hands of the National Socialists and their Fascist allies across continental Europe; to conduct historical research into the wartime and postwar fate of stolen, confiscated, misappropriated cultural property.


October 2, 2015

Mystery Surrounding the Murder of Art Thief Sebastiano Magnanini

The Regent's Canal and entrance to the Islington Tunnel 
Murdered in North London, then bound and tied to a shopping cart in attempt to keep his copse submerged under water, Sebastiano Magnanini's badly decomposed body was discovered by a passerby near an Islington tunnel on the Regent’s Canal not far from King's Cross a little over a week ago. The area where the victim's body was recovered is popular among boaters, some of whom live in houseboats which dot the sides of the canal.  The footpath is also popular among walkers and cyclists looking to escape the capital’s busy streets.  

This is all authorities have released about the grisly demise of Venetian art thief once jailed for 18 months for his part in the 1993 theft of the 1732 painting The Education of the Virgin by Italian Rococo  artist Giovanni Battista Tiepolo from the church of Santa Maria della Fava, also originally known as Santa Maria della Consolazione, in the sestiere of Castello in Venice, Italy.

Described by his friends and family as a free spirit, Magnanini, was a resident of the Cannaregio quarter in Venice but lived outside of Italy. He changed countries as the mood or work suited him.  In 2003 he moved to Plaistow, east London, then later to Thailand and Vietnam embracing a free-spirit hippy lifestyle and making ends meet by teaching English.  Later he moved to Cambodia where he worked briefly as a tour guide for an Italian company.  Then this summer he moved to the UK capital where he had begun working as a carpenter. 

Surveillance cameras in the area, used for the purpose of observing the zone show assailants attacking and then killing Magnanini.  Investigators with New Scotland Yard, who are handling the investigation do not believe that Magnanini's homicide is linked to organised crime, moreover his brother Matteo Magnanini also insisted his brother “Seba” was not involved in any criminal activity.  In an interview with The Evening Standard Matteo said 




Magnanini was sentenced in 1998 to 18 months in prison for his role as a bumbling one-time art thief in the theft of the Tiepolo artwork. Like many of Italy's churches, Santa Maria della Fava had no alarm or surveillance system and during the heist Magnanini simply hid inside the church until it closed for the evening, then cut the canvas painting from its altarpiece frame, and exited the church before heading to a nearby bar to smoke.   

The slightly damaged painting was recovered 3 months after the theft, rolled up and tied with a simple shoelace, hidden in a farmhouse near the city’s Marco Polo airport. 

Italian newspapers are speculating that Magnanini may have been the simple victim of a drug deal that went wrong.  Anyone with any information is asked to contact Detective Chief Inspector Rebecca Reeves via the incident room on 020 8721 4868,  alternatively, the police non-emergency line on 101 or, if the wish to remain anonymous, via the UK's Crimestoppers line at 0800 555 111.





October 1, 2015

Christie's Withdraws Suspect Antiquities from Auction.

Christie's has withdrawn the suspect antiquities identified by Greek forensic archaeologist Christos Tsirogiannis, on September 29, 2015 that had previously been set for auction today at Christie’s in London.  

Each of the objects had been tied to former Basel-based art dealer, Gianfranco Becchina, who was accused by Italian prosecutors of being part of an antiquities trafficking network that involved tombaroli (tomb raiders) in southern Italy and suspect antiquities dealers and buyers around the globe. 

For details on Dr. Tsirogiannis' assessment of these objects, please see ARCA's earlier report of his findings here. 

Ahmad al-Faqi al-Mahdi Makes First Appearance at the International Criminal Court in The Hague


Ahmad Al Faqi Al Mahdi at his first appearance hearing
at the International Criminal Court in The Hague ©ICC-CPI
Ahmad Al Faqi Al Mahdi, the alleged Islamic radical charged with involvement in the 2012 destruction of historic mausoleums and a mosque in Timbuktu made his first appearance before the single Judge of Pre-Trial Chamber I, Cuno Tarfusser, of the International Criminal Court at the seat of the ICC in The Hague (The Netherlands).  This appearance comes after an arrest warrant was issued for his arrest and transfer to the ICC on Sept. 18, 2015. A copy of the arrest warrant, ICC-01/12-01/15 The Prosecutor v. Ahmad Al Faqi Al Mahdi can be read in French here.

Yesterday’s hearing was held in the presence of the Prosecutor and the Defence Duty Counsel, Mohamed Aouini. The Single Judge verified the identity of the suspect, Mr. Ahmad Al Faqi Al Mahdi, and ensured that he was clearly informed of the charges brought against him and of his rights under the Rome Statute of the ICC to be communicated with in a language he fully understands.

Dressed in a suit and tie, Al Faqi Al Mahdi confirmed his identity and replied to Judge Cuno Tarfusser that he preferred to be spoken to in Arabic. In answering to the court, the suspect stated he was ethnic Tuareg, born approximately 40 years ago in Agoune, 100 km west of Timbuktu.   He indicated that he was a "graduate of the teachers' institute in Timbuktu and and a civil servant in education in the Malian government beginning 2011.

At this point in the hearing process, Al Faqi Al Mahdi was not required to enter a plea.  He he made no comment on the current charges against him. 

Mr. Al Faqi Al Mahdi’s trial marks a watershed moment in heritage crime prosecution as it represents the first case of its kind to be brought before the ICC concerning the destruction of buildings dedicated to religion and historical monuments.  Until recently the court, has focused its cases on attacks against individuals.  

Judge Tarfusser has set a date for the confirmation of charges hearing in respect to Ahmad Al Faqi Al Mahdi for 18 January 2016.

The full proceedings of the hearing can be viewed below. 




September 30, 2015

Highlights from “Conflict Antiquities: Forging a Public/Private Response to Save Iraq and Syria's Endangered Cultural Heritage”


In an awareness raising initiative to highlight the ongoing upheaval and destruction of cultural heritage in Iraq and Syria, the Metropolitan Museum and the US State Department jointly held an event yesterday titled, “Conflict Antiquities: Forging a Public/Private Response to Save Iraq and Syria's Endangered Cultural Heritage” in New York City.

Deputy Secretary of State Antony Blinken highlighted one example of a looted and not destroyed antiquity that is known to have passed through the hands of ISIS operatives.  The object, a 9th century B.C.E: ivory plaque, decorated with a procession of Assyrian officials and foreign tributaries was excavated at the ancient Assyrian capital of Nimrud by a team from the British Museum in 1989.  The plaque was recovered by U.S. special operations forces during a tactical raid that killed a key ISIS commander, identified by his nom de guerre Abu Sayyaf, last May in al-Omar in eastern Syria.

This ancient object is known to have been looted from the Mosul Museum (Iraq) and underscores what many following illicit antiquities trafficking have already concluded, that the Islamic State not only destroys objects it find religiously offensive or useful for its public propaganda but also has been known to plunder antiquities for some level of financial gain or as war booty when opportunity knocks. 

Deputy Assistant Secretary of State Andrew Keller added that "newly declassified evidence" seized when American Delta Force commandos took out Abu Sayyaf and twelve other Islamic State of Iraq and Syria fighters included receipts collecting taxes from looters as well as written edicts that threatened punishment for those caught looting antiquities without formal Islamic State permission. 

While some of this information appears to be newly declassified, conflict antiquities archaeologist Dr. Sam Hardy released a lengthy analysis of the heritage hoard seized during the Abu Sayyaf raid when details of the cache were released by the State Department in July 2015.  That analysis has been available for two months and can be reviewed here.  

Robert A. Hartung, Deputy Assistant Secretary of State for the Bureau of Diplomatic Affairs announced a new initiative within their "Rewards for Justice" program,  an incentive established by the 1984 Act to Combat International Terrorism, Public Law 98-533.   The program is administered by the U.S. Department of State’s Bureau of Diplomatic Security and announced yesterday that they are set to 


Hartuung emphasized that the Rewards for Justice incentive is not a buyback program, but reward for help in identifying and catching smugglers linked to ISIS.  At present this reward appears to be restricted solely to the Islamic State and does not appear to be not available for information leading to the disruption of the sale of illicit antiquities by other armed groups or other non political traffickers profiting from the absence of controls during the ongoing war.

Another panel discussion highlighted the work of the US government-sponsored organisation currently tasked with ground-based observations of cultural heritage incidents in Syria and Iraq. Michael Danti, from the American Schools of Oriental Research (ASOR), who’s group has just been allocated a second tranche of federal funding totalling $900,000 in an extension to their previous $600,000 one-year cooperative agreement with the U.S. Department of State spoke on his organization's work continues to document the current condition of cultural heritage sites in Syria and portions of Iraq.   While useful in its own right, ASOR's federally-funded initiative often draws upon the research and analysis of other conflict antiquities researchers, some of whom consistently work below the funding radar, within this sector of expertise on a voluntary basis and without the benefit of funding from governmental or academic bodies. 

Wolfgang Weber, ‎Head of Global Regulatory Policy at eBay, spoke about the due diligence of the web-based auction powerhouse that handles 800 million online auctions a year.  Sales of illicit objects online are a known and ongoing problem where illicit antiquities are concerned and attempts to prevent such illegal activity via large auction sites such as eBay are a work in progress.  Judging from their ability to monitor other areas of illicit activity, many believe that eBay's efforts in policing their online marketplace have largely been ineffective or fallen short of desirable outcomes. 

Weber's presence on the panel underscores that the internet is being harnessed to provide valuable tools for traffickers, who exploit weaknesses in online marketplaces, making the illicit trafficking of cultural property faster, easier and ever more difficult for authorities to fight.

During his presentation Weber stated that his team's task is to identify illegal items & remove them from the online marketplace but he added that eBay does not have the capacity to check individual items, only their sales conduit.  This means that the auction site's contribution to stopping illegal sales is limited to preventing sellers from listing items of concern or in some cases removing listings before a sale can be made.  

eBay relies heavily on key word searches and external reports by individuals who inform the company when an object has been identified which is of dubious origin or legality.  Private citizens and researchers connected to small NGOs are hampered from stopping the online trafficking of items as they can only flag up what’s known to be illegal or looks that way to eBay. Those monitoring the online auction site cannot procure hard evidence by buying the actual contraband as they would then be in violation of national and international laws and treaties themselves. 

Lev Kubiak, ICE Assistant Director for International Operations spoke on US Immigration and Customs Enforcements roll in cultural property, art and antiquities investigations highlighting their 
"Operation Mummy’s Curse,” a five-year investigation carried out by ICE’s Homeland Security Investigations (HSI) that targeting an international criminal network that illegally smuggled and imported more than 7,000 cultural items from around the world and resulted in at least two convictions. 

Sharon Cott, Senior Vice President, Secretary & General Counsel at the Metropolitan Museum, spoke in support of AAMD member museums who apply ethical principles to safeguard against purchasing blood antiquities and to the roll of museums should play as safe havens for objects during times of unrest. 

Dr. Markus Hilgert, a professor of ancient Near-Eastern studies and Director of the Vorderasiatisches Museum im Pergamonmuseum - Staatliche Museen zu Berlin spoke about his newly funded trans-disciplinary research project on the illicit trade, ILLICID, with partners in customs and law enforcement, the German Federal Foreign Office, Federal Commissioner for Culture and Media, German Commission for UNESCO and ICOM. The ILLICID project is financed via the German Federal Ministry for Education.

Hilgert stressed the need to identify and develop criminological methods for in-depth analysis of illicit trafficking, stressing the need for more information on object types, turnover, networks, and various modus operandi.  He further underscored the need to adequately assess the various dimensions of money laundering and terrorist financing that may be being derived from heritage trafficking.  In conclusion he emphasized that trafficking is the number one threat to the world's cultural patrimony - more than destruction. 

ARCA would like to thank all those who were present in the room and who live-tweeted the conference and took detailed notes allowing those of us in Europe to listen in, even if it was way past our bedtimes.

A list of those folks who lent a hand are:
@cwjones89
@vagabondslog
@keridouglas
@AWOL_tweets
@mokersel
@adreinhard
@mokersel
@HeritageAtState
@ChasingAphrodit
@metmuseum
@jstpwalsh
@LarryCoben
@InventorLogan

There was a lot of ground covered and more still that needs to be covered.

by Lynda Albertson

September 29, 2015

While the West Seeks Tighter Curbs on the Trade in Antiquities Looted by ISIS, Italian Suspect Antiquities Continue to Appear at Major Auction Houses

Greek forensic archaeologist Christos Tsirogiannis, has identified another grouping of suspect antiquities set for auction October 1, 2015 at Christie’s in London.  Each of the objects appears to have ties to former Basel-based art dealer, Gianfranco Becchina, who was accused by Italian prosecutors of being part of an antiquities trafficking network that involved tombaroli (tomb raiders) in southern Italy and suspect antiquities dealers and buyers around the globe. Becchina was convicted of antiquities trafficking in 2011.

Since 2007, Dr. Tsirogiannis has actively identified illicit antiquities depicted in the confiscated Medici, Becchina and Symes-Michaelides archives, notifying the relevant government authorities when matches are discovered.  An expert on the illicit antiquities trade, Dr. Tsirogiannis teaches ARCA's illicit antiquities course.  He also serves as Research Assistant to the Trafficking Culture Project at the Scottish Centre for Crime and Justice Research located at the University of Glasgow.

Despite having apparently “clean” collection histories, each of the antiquities listed below (Lots 6, 8 and 16) — or strikingly similar ones — appear in photographic evidence confiscated by the Swiss and Italian authorities in 2002 during their investigation into the network of traffickers affiliated with Gianfranco Becchina.


The three antiquities on offer at the upcoming sale at Christie’s are said to come from Professor Heissmeyer’s antiquities collection; A fourth antiquity (lot 93) was temporarily confiscated by the Swiss authorities in 2008 from the Japanese illicit antiquities dealer Noriyoshi Horiuchi and has now been put back into circulation within the antiquities market. 

Dr. Christos Tsirogiannis has notified Interpol, the Carabinieri Art Squad and Scotland Yard’s Art & Antiques Unit with the evidence for these new identifications.  

In detail, the suspect antiquities are:
Left - The oinochoe depicted in the Becchina archive.
Right - the same oinochoe on exhibition in Christie’s, London,
Image Credit C. Tsirogiannis Saturday 26 September 2015


The oinochoe’s collecting history (Provenance), as it appears in the Christie’s catalogue, is:
Private collection, Germany, acquired prior to 1990.
with Galerie am Museum Jürgen Haering, Freiburg.
Prof. H.-H. Heissmeyer collection, Schwäbisch Hall, acquired from the above in 2005 (inv. no. 32).
Beazley Archive no. 9024860.

The same oenochoe seems to be depicted in a Polaroid image from the Becchina archive. In the archival photo the vase is covered with encrustations, lying on what appears to be a plastic tray, while a handwritten note, also in the archives, states that this antiquity was sent for restoration, among other antiquities, on 1 December 1989 to Sandro Cimicchi, Gianfranco Becchina’s usual restorer.

Left - The cup depicted in the Becchina archive.
Right - The same cup on exhibition in Christie’s, London,
Image Credit C. Tsirogiannis Saturday 26 September 2015
The cup’s collecting history (Provenance), as it appears in the Christie’s catalogue, is:
Private collection, Switzerland, acquired prior to 1980.
with Galerie am Museum Jürgen Haering, Freiburg.
Prof. H.-H. Heissmeyer collection, Schwäbisch Hall, acquired from
the above in 1995 (inv. no. 17).
Beazley Archive no. 9024849.

In the Becchina archive, what appears to be the same cup is depicted in a Polaroid image, upside down and partially covered with encrustations, among three other cups. The similarities can be identified from the position of the panthers painted on the lower portion of the cup's body. A handwritten note states that the cups were bought by the middleman Raffaele Monticelli on 4 March 1993. Another handwritten note on the Polaroid states: ‘V/ Hae CH’ [sold to Hae Swiss Francs]. In 2002 Monticelli was sentenced to 4 years imprisonment for conspiracy related to the trafficking of antiquities. (Isman 2011b: 50; Watson and Todeschini 2007: 292) and as recently as today had 22 million euros worth of his real estate assets confiscated by the state for his alleged involvement as an international antiquities trafficker.    

Left - The lekythos depicted in the Becchina archive.
Right - the same lekythos on exhibition in Christie’s, London,
Image Credit C. Tsirogiannis Saturday 26 September 2015
The lekythos’ collecting history (‘Provenance’), as it appears in the Christie’s catalogue, is:
Private collection, United Kingdom, acquired prior to 1980.
with Galerie am Museum Jürgen Haering, Freiburg.
Prof. H.-H. Heissmeyer collection, Schwäbisch Hall, acquired from
the above in 1992 (inv. no. 23).
Beazley Archive no. 21590.

An object that appears to be the same lekythos is depicted in two professional images from the Becchina archive. A handwritten note states: ‘E Nov 78’.
Left - The lekythos depicted during its confiscation
in a photograph taken by the Italian authorities
 during the raid at Horiuchi’s warehouse in Geneva in 2008.
Right - the same lekythos on exhibition in Christie’s, London,
Image Credit C. Tsirogiannis Saturday 26 September 2015

The lekythos’ collecting history (‘Provenance’), as it appears in the Christie’s catalogue, is:
Anonymous sale; Münzen und Medaillen AG, Basel, 14 November 1986, lot 213.
Formerly private collection, Japan, acquired privately in 1997.


This lekythos was found and confiscated during the raid of the Swiss and Italian authorities at the warehouse of the Japanese dealer Noriyoshi Horiuchi in the Geneva Freeport in 2008. The Italian authorities could not prove the illicit origin of this particular lekythos and
although Horiuchi did not supply any documentation to prove the licit origin of the lekythos, the vase was returned to Horiuchi. 

In total the Italian authorities confiscated 337 antiquities from Horiuchi depicted in the Becchina, Medici and Symes-Michaelides confiscated archives. Horiuchi's name also comes up in a 2014 repatriation case involving another Becchina linked antiquity, a 1,800-year-old sarcophagus lid depicting a sleeping Ariadne.  

It should also be noted that this same lekythos also appeared at one time on offer at ‘Phoenix Ancient Art’ gallery, owned by the Aboutaam brothers, one of whom was convicted in Egypt for antiquities smuggling and the other of whom pleaded guilty to the falsification of at least one customs document. 

In relationship to that listing  the lekythos appeared as ‘SOLD’ on the ‘Phoenix Ancient Art’ gallery website. In the October sale listing Christie’s fails to state the name of the consigner, although they do so in the case of the other three lots (Professor Heissmeyer).

In the three first cases, Christie’s ‘due diligence’ seems to have stopped short of tracing the collecting history back one step further, which would have opened the window on the Becchina transactions.  In the fourth case (lot 93), Christie’s record lists the 1986 and 1997 transaction dates in the lekythos’ collecting history, but completely avoids mentioning the authorities’ raid of Horiuchi’s warehouse in Switzerland or the subsequent passage or ownership of the vase by the convicted Aboutaam brothers, through their ‘Phoenix Ancient Art’ gallery in New York and Geneva.

In total, these are just four objects in a string of tainted auctions with fairly good documentation proving their likelihood that these objects were looted.  If the art market cannot hold itself to task on objects where there is a known and extensive photographic record of illicit activity how will the art market perform its due diligence on antiquities coming from conflict countries like Syria, Iraq and Yemen where no confiscated smuggler dossiers exist?

Due diligence of looted antiquities, be they Italian or conflict-based, has to be meaningful and not merely plausible, in the furtherance of a sale's commission.  Partially-documented histories in an object's collection background, do not necessarily always point to fresh looting or illegal export but when the objects background looks murky, as is the case with these objects, the art market needs to step up its game and voluntarily refuse to participate in the laundering.

UPDATE - October 01, 2015 Christie's has withdrawn the suspect antiquities prior to the auction scheduled today in London.  

Lynda Albertson