The Name Of The Game Is Restitution.pdf

The Name Of The Game Is "Restitution" Presented by: Alexander Herman Date: 18 June 2020 Definitions - Restitution: The return, whether voluntary or forced, of cultural objects with the overall aim of doing justice for past or recurring wrongs - Repatriation: The return, whether voluntary or forced, of cultural objects to their countries or communities of origin. - Return: In the broadest sense, the return of cultural or any other property (including to victims of theft) A Shakespearean Shift? - King Henry • We would have all such offenders so cut off, and we give express charge that in our marches through the country there be nothing compelled from the villages, nothing taken but paid for, none of the French upbraided or abused in disdainful language; for when lenity and cruelty play for a kingdom, the gentler gamester is the soonest winner. Codification Of The Rule - Hague Convention (1899) • Art 56  All seizure of, destruction or willful damage done to historic monuments [or] works of art and science, is forbidden, and should be made the subject of legal proceedings. Treaty of Versailles, 1919 - Article 245 • Germany to restore to France trophies, archives and works of art taken during the Franco-Prussian War (1870-71) - Article 246 • Germany to restore the Koran of Caliph Othman to Medina and the skull of Sultan MKWAWA to Britain - Article 247 • Germany to replace manuscripts, books, etc. destroyed at the Library of Louvain; Germany to restitute the leaves of the Mystic Lamb to Ghent and the Last Supper to Louvain The Nazi Period - Looting from Jewish individuals and Jewish- owned businesses within Germany, 19331945 - Looting from Jewish individuals and others in occupied territories, 1938-1945 - Response: establishment of the Monuments, Fine Arts and Archives section of the Allied Expeditionary Force (May 1944) to • Protect monuments • Prevent looting • Sequester movable works of art • Seek info on looters (re restitution) International Conventions - 1954 Hague Convention & Protocols - 1970 UNESCO Convention 1954 Hague Convention - Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict - Article 4 - Respect for cultural property • Prohibit, prevent and, if necessary, put a stop to any form of theft, pillage or misappropriation, or vandalism against, cultural property; refrain from requisitioning movable cultural property - Article 5 – Occupation • Support national authorities of the occupied territory to preserve cultural property, or preserve it alone Hague, First Protocol (1954) - Article 1 • Occupying power must prevent the export of cultural property from the territory which it occupies • Contracting Parties must seize cultural property imported into their territory exported from a territory under occupation, holding it until hostilities cease (holders in good faith to be compensated by occupying power). - Article 2 • Cultural property can be deposited in another state for safekeeping during hostilities. Case Study - Dead Sea Scrolls: found at Qumran, held at Palestine Archaeological Museum until 1967, when West Bank is occupied by Israel and scrolls are transferred to West Jerusalem, where they remain (at Rockefeller Museum) - Exhibition of Dead Sea Scrolls in Toronto, Canada (2009): Jordan and Palestine make diplomatic request for return, citing Hague Convention and First Protocol 1970 UNESCO Convention - Full title: UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property (1970) - Places an obligation upon States (not on individuals) - 3 prongs of the Convention: 1. Protection of cultural property within States 2. Restitution of cultural property from other States 3. Cooperation between States to achieve these goals - 140 State Parties (2020) - Article 7(a) • States Parties undertake to take the necessary measures, consistent with national legislation, to prevent museums and similar institutions within their territories from acquiring cultural property originating in another State Party which has been illegally exported after entry into force of this Convention, in the States concerned. - Article 7(b) • States Parties undertake to prohibit the import of cultural property stolen from a museum or a religious or secular public monument or similar institution in another State Party (after the entry into force for both States), provided that such property is documented as appertaining to the inventory of that institution. Signing up to UNESCO - Canada (1978) - United States (1983) - Australia (1989) - France (1997) - Japan (2002) - United Kingdom (2002) - Switzerland (2003) - Germany (2007) - Austria (2015)