Countering Illicit Traffic in Cultural Goods F. Desmarais (Ed.) Desmarais F. The Global Challenge of Protecting the World’s Heritage Cultural objects disappear every day, whether stolen from a museum or removed from an archaeological site, to embark on the well-beaten track of illicit antiquities. A track we have yet to map clearly. The need to understand that journey, to establish the routes, to identify the culprits, and to ultimately locate these sought-after objects, gave rise to the launch of the first International Observatory on Illicit Traffic in Cultural Goods by the International Council of Museums (ICOM). This transdisciplinary publication concludes the initial phase of the Observatory project, by providing articles signed by researchers and academics, museum and heritage professionals, archaeologists, legal advisors, curators, and journalists. It includes case studies on looting in specific countries, with the primary aim of eliciting the nature of the antiquities trade, the sources of the traffic, and solutions at hand. Countering Illicit Traffic in in Cultural Goods Illicit Traffic Countering With the financial support of the Prevention and Fight against Crime Programme, European Commission Directorate-General Home Affairs Countering Illicit Traffic in Cultural Goods The Global Challenge of Protecting the World’s Heritage Edited by France Desmarais This project has been funded with support from the European Commission. This publication reflects the views of the authors, and the European Commission cannot be held responsible for any use which may be made of the information contained therein. Countering Illicit Traffic in Cultural Goods: The Global Challenge of Protecting the World’s Heritage Edited by France Desmarais ICOM International Observatory on Illicit Traffic in Cultural Goods EDITORIAL ADVISORY BOARD Zeynep Boz, UNESCO Neil Brodie, University of Glasgow, UK Markus Hilgert, Vorderasiatisches Museum im Pergamon- museum, Germany Bonnie Magness-Gardiner, FBI, Department of Justice, USA Vincent Négri, ISP (Institut des sciences sociales du politique UMR7220), France Marina Schneider, UNIDROIT Samuel Sidibé, Musée national, Mali COPYEDITING: Melanie Foehn TRANSLATION: Akzént-Dolmetscherteam; Melanie Foehn; Rachel Zerner DESIGN, LAYOUT AND PRINTING: France Edition Multimédia 70, avenue Alfred Kastler – CS 90014 66028 Perpignan CEDEX Tel: +33 (0) 4 68 66 94 75 Email: [email protected] Copyright 2015 by ICOM ICOM 1, rue de Miollis, 75732 Paris CEDEX 15 France Tel: 33 (0) 1 47 34 05 00 Fax: +33 (0) 1 43 06 78 62 ISBN: 978-92-9012-415-3 Cover photo: ‘Fire Buddha’ ©National Museum of Afghanistan Authors are responsible for the choice and the presentation of the facts contained in signed articles and for the opinions expressed therein which are not necessarily those of ICOM or the European Commission. Table of Contents Foreword, Hans-Martin Hinz and Anne-Catherine Robert-Hauglustaine List of Contributors ..................................................................................................................i Introduction, France Desmarais ..........................................................................................vii I. On the Market: Cui Bono? • Günther Wessel, ‘Dealers, Collectors, Provenances and Rights: Searching for Traces’ ............................................................................................................................1 • Neil Brodie, ‘The Internet Market in Antiquities’....................................................11 • Sam Hardy, ‘The Conflict Antiquities Trade: A Historical Overview’ .................21 II. From the Source: Networks and Routes for Stolen Objects • Donna Yates, ‘Illicit Cultural Property from Latin America: Looting, Trafficking, and Sale’ ........................................................................................................................33 • Monica Hanna, ‘Documenting Looting Activities in Post-2011 Egypt’ ..............47 • Assad Seif, ‘Illicit Traffic in Cultural Property in Lebanon’ ...................................65 • Brian I. Daniels and Katryn Hanson, ‘Archaeological site looting in Syria and Iraq: A Review of the Evidence’ ................................................................................83 • Tess Davis, ‘The Lasting Impact of United States vs. Cambodian Sculpture’ ......95 • Augustin Lazar, ‘Illicit Trafficking in Cultural Goods in South East Europe: ‘Fiat Lux!’ ...................................................................................................................107 • Mi c h e l L’ Ho u r , ‘A Fight Yet To Be Waged: Underwater Heritage Protection’ ....125 III. Implementing Solutions: Legal Instruments and Practical Tools • Sophie Delepierre and Marina Schneider, ‘Ratification and Implementation of International Conventions to Fight Illicit Trafficking of Cultural Property’ ....129 • Robert Peters, ‘The Protection of Cultural Property in EU Law: Status Quo and Future Perspectives’ .............................................................141 • Simon Mackenzie, ‘Do we need a Kimberley Process for the Illicit Antiquities Trade? .........................................................................................................................151 • Laurie Rush, ‘Military Protection of Cultural Property’ ......................................163 • Guy Tubiana, ‘Museum Security in French Museums: An Overview’ ..............175 • St John Simpson, ‘Back to Kabul: Case Studies of Successful Collaboration’ ....181 Foreword The International Council of Museums (ICOM) and its 35,000 members from the international professional museum network shoulder those who defend museums and heritage, culture and peace. As such, at the 38th session of the UNESCO General Conference, which took place in November 2015 in Paris, a new Recommendation on the Protection and the Promotion of Museums and Collections, their Diversity and their Role in Society, was unanimously adopted by the member States, highlighting the essential work undertaken by ICOM. The ICOM International Observatory on Illicit Traffic in Cultural Goods is a powerful tool in the fight against this illegal trade, and this publication illustrates ICOM’s full commitment, as a museum network, to safeguarding the world’s heritage. We would like to thank warmly all those involved in this project, including the European Commission, expert ICOM members, law enforcement agencies, State administrations, intergovernmental organizations and research institutions, whose cooperation has been vital in bringing this publication to fruition. We also commend the collaborative effort within the ICOM Secretariat. The project was spearheaded by France Desmarais, with the assistance of Raphaël Roig and Susanne Poverlein in the Programmes Department, and the support of Aedín Mac Devitt and Melanie Foehn in the Publications Department. Doubtless, these insightful articles will shed light upon a global problem that can only be resolved through strong international involvement and cooperation. Hans-Martin Hinz President of the International Council of Museums Anne-Catherine Robert-Hauglustaine Director General of the International Council of Museums List of Contributors Neil Brodie graduated from the University of Liverpool with a Ph.D. in Archaeology in 1991 and has held positions at the British School at Athens, the McDonald Institute for Archaeological Research at the University of Cambridge, where he was Research Director of the Illicit Antiquities Research Centre, and Stanford University’s Archaeology Centre. Since February 2012, he has been Senior Research Fellow at the Scottish Centre for Crime and Justice Research at the University of Glasgow. He has published widely on issues concerning the antiquities market, and was co-author (with Jennifer Doole and Peter Watson) of the report Stealing History commissioned by the Museums Association and ICOM-UK to advise upon the illicit trade in cultural material. He also co-edited Archaeology, Cultural Heritage, and the Antiquities Trade (2006, with Morag M. Kersel, Christina Luke and Kathryn Walker Tubb), Illicit Antiquities: The Theft of Culture and the Extinction of Archaeology (2002, with Kathryn Walker Tubb), and Trade in Illicit Antiquities: The Destruction of the World’s Archaeological Heritage (2001, with Jennifer Doole and Colin Renfrew). Brian I. Daniels is the Director of Research and Programmes for the Penn Cultural Heritage Centre at the University of Pennsylvania Museum, a Lecturer in the Department of Art History at Rutgers University, and a research associate at the Smithsonian Institution. Dr Daniels co-directs the Safeguarding the Heritage of Syria and Iraq project, which aims to enhance the protection of cultural heritage by supporting professionals and activists in conflict areas, and leads a National Science Foundation-supported study about the intentional destruction of cultural heritage. He has also worked with Native American communities on issues surrounding heritage rights and repatriation for over 15 years. Previously, he served as the manager of the National Endowment for the Humanities Regional Centre Initiative at San Francisco State University, where he worked on strategies for community engagement and heritage documentation. Dr Daniels received his doctoral degree from the University of Pennsylvania. Tess Davis is a Researcher in the Scottish Centre for Crime and Justice Research at the University of Glasgow. She also serves on the Advisory Board of Heritage Watch and