Showing posts with label illicit trafficking. Show all posts
Showing posts with label illicit trafficking. Show all posts

March 19, 2017

Lecture: Criminals without Borders - The many profiles of the (il)licit antiquities trade.



For those interested interested in the realm of illicit trafficking who will be in Rome, Italy April 21, 2017 Lynda Albertson, ARCA's Chief Executive Officer will be giving a talk on "Criminals without Borders."

This one hour lecture, at 6:00 pm at John Cabot University will provide a brief overview of the profile of actors in the illicit art trade, giving examples of how those in the trade avoid detection and prosecution.

This presentation will discuss the motives of trafficking in art and antiquities, highlighting cases from source and conflict countries emphasizing that the trade thrives on commercial opportunity i.e., a means of dealing in high value commodities that are often poorly protected, difficult to identify and easy to transport across national boundaries.

Her presentation will examine specific case examples and will underscoring response mechanisms that work to proactively counter the illegal trade.

The discussion will highlight

--the interchangeable participants in the illicit antiquities trade
--varying motives/opportunities
--how connections through single interactions can form loosely based networks


Lynda Albertson is the CEO of ARCA — The Association for Research into Crimes against Art, a nongovernmental organisation which works to promote research in the fields of art crime and cultural heritage protection. The Association seeks to identify emerging and under-examined trends related to the study of art crime and to develop strategies to advocate for the responsible stewardship of our collective artistic and archaeological heritage. 

Ms. Albertson, through her role at ARCA seeks to influence policy makers, public opinion and other key stakeholders so that public policies are developed and based on apolitical evidence, and which addresses art crime prevention and the identification of art crimes in heritage preservation initiatives.

In furtherance of that, Ms. Albertson provides technical, scientific and regional expertise to national and international organizations such as UNESCO, CULTNET, ICOM, in furtherance of ARCA's heritage preservation mission.   For the past five years, Lynda has focused part of her work on fighting the pillage of ancient sites and trafficking of artifacts, particularly in the Middle East and North Africa, conducting research on the illicit trade in antiquities in MENA countries. 

Ms. Albertson also oversees ARCA's inter NGO - Governmental engagement and capacity building in MENA countries in recognition of UN Security Council Resolution 2199, which among other provisions, bans all trade in looted antiquities from Iraq and Syria and encourages steps to ensure such items are returned to their homelands. 

Tuesday, March 21, 2017 
6:00 PM - 8:00 PM (CET)
Guarini Campus
Via della Lungara, 233

March 15, 2017

Fighting Art Trafficking and Art Crime in Bosnia: the work of CPKU


By: Helen Walasek

The importance of South East Europe as a major route for the illicit trafficking of looted and stolen art and antiquities, as well as a source region itself is recognised by international art crime researchers and professionals. However, the activities of the Tuzla-based Center Against Trafficking in Works of Art (Centar Protiv Krijumčarenja Umjetninama – CPKU), the only organisation in Bosnia-Herzegovina dedicated to documenting and fighting art crime, is not as well-known as it should be. 

CPKU is also playing a role in focusing attention on one of the great unanswered questions of the 1992–1995 Bosnian War: that of the enormous amount of cultural property looted during the conflict. This has never been adequately addressed, either with regard to the detailed documentation of missing objects, or investigation of the movement, destination and whereabouts of looted cultural property. Nor (so far as the author is aware) have any formal claims for restitution of looted cultural property been made by governmental or institutional authorities. 

Since the centre was established in December 2014, CPKU has worked to establish a national system of coordination and cooperation on art crime between national and international agencies and owners of cultural property (both public and private). Yet despite being the only state-wide organisation working in the field, the centre is often told by international bodies that as an NGO it does not have the authority to deal with these issues. However, as CPKU’s founder-director Dženan Jusufović has pointed out, official bodies which should be dealing with such issues, simply aren’t. Nevertheless, CPKU is having a significant impact in creating a greater awareness of the issue in official bodies and continues to forge a growing number of links with law enforcement and judicial agencies in Bosnia-Herzegovina.

In October 2015 CPKU convened its first major event, a roundtable conference on the illicit traffic in art in Bosnia-Herzegovina, which brought together over 40 representatives from key stakeholders engaged in the fight against organised crime and war crimes, including international, national and entity agencies and law enforcement bodies, as well as from cultural institutions such as museums and galleries, alongside private collectors and NGOs.

Growing out of the conference were calls for the creation of a national database of missing works of art and other cultural property, for training in art crime for law enforcement officers, prosecutors and the judiciary, and for the formation of specialised art crimes units. Parallel with this, the holders of cultural goods (whether public or private) were urged to assist in the fight against the illicit traffic in cultural property by regularly updating their documentation of objects (including making good quality photographic documentation). 

Since then CPKU has produced guidelines for documenting works of art and reporting thefts, as well as providing detailed instructions on the best ways of photographing objects for documentation purposes (both downloadable from the CPKU website). Last year it published the first manual (also downloadable ) on the illicit art trade in Bosnia-Herzegovina which incorporates information on the legal international and national legal framework, how art is trafficked across the country and the region, and suggested preventive measures, as well as reproducing the sample documentation instructions.

A public awareness-raising event/performance, Giants of Art (Velikani Likovne Umjetnosti), was held in partnership with the National Gallery of Bosnia-Herzegovina and the Association of Artists of Bosnia-Herzegovina at the Sarajevo-based gallery in April 2016 to alert the wider public to the issue of missing works of art – some of which had no photographic documentation.

All these initiatives have been supported by CPKU’s principal partner, the French Embassy in Sarajevo. The embassy was also instrumental in bringing Corinne Chartrelle, Deputy Head of France’s L'Office Central de Lutte Contre le Trafic de Biens Culturels (OCBC), to speak at a recent CPKU seminar on the illicit art market at the headquarters of the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia-Herzegovina (CEST).

By May 2017 CPKU hopes to release a database of artworks missing or stolen from Bosnia-Herzegovina. Dženan Jusufović has noted that only thirteen cases of stolen artwork from Bosnia are registered on Interpol’s database of stolen art, despite that thousands of items of cultural property disappeared during or in the aftermath of the 1992–1995 war.

In addition to ongoing support from the French Embassy, CPKU also has partnerships or cooperation with national and international bodies and institutions, including ICOM Observatory, Interpol, UNESCO, ICOM Bosnia-Herzegovina, the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia-Herzegovina (CEST), the British Council, the National Gallery of Bosnia-Herzegovina, the Historical Museum of Bosnia-Herzegovina, the Association of Artists of Bosnia-Herzegovina, the Faculty of Law at University of Tuzla, the NGO Akcija, and other museums, galleries, heritage institutions and legal-judicial bodies. 

For further information contact:
Centar Protiv Krijumčarenja Umjetninama (CPKU)
Atelje Ismet Mujezinović
Klosterska 19
75000 Tuzla 
Bosnia-Herzegovina

Email: cpkubih [at] gmail [dot] com
Phone: +387 61 185 733
Website: www.cpku.org
Facebook: Centar-protiv-krijumčarenja-umjetninama

December 22, 2016

Thursday, December 22, 2016 - ,, No comments

A house dismantled - Beit Ghazaleh, the house of the Ġazaleh, غزالة‎‎

Beit Ghazaleh, the house of the Ġazaleh, غزالة‎‎. was named after the Ghazaleh family and is one the largest palaces in Aleppo from the Ottoman period.  Dating to the seventeenth century, the historic structure is located in the Al-Jdayde neighbourhood; a once-prestigious section of the city that sits adjacent to the old city of Aleppo. Between 2007 and 2011, well before the start of the ongoing  conflict, the palace underwent renovations carried out by Syria's museum authorities in preparation if hosting the city's Memory Museum.

Yesterday archaeologist student Obada Diar Bakerly posted recent photographs of Beit Ghazaleh to the Facebook Group "Aleppo Archaeology."  His photographs show the present condition of the external portion of the palace which seems to have suffered substantial damages during the intervening five years of war.

On July 4, 2013, the Association of National Committees of the Blue Shield whose mission includes coordinating and strengthening international efforts to protect cultural property at risk of destruction during armed conflicts or natural disasters, included Beit Ghazaleh on its ‘no strike list’ of the 20 most important archaeological sites in Aleppo.

In February 2014 Syria's Directorate-General of Antiquities & Museums (DGAM ) wrote of their own concerns for the building's future.



In August 2016 the head of Aleppo's Department of the Directorate-General for Antiquities and Museums, Eng. Khaled Masri, speaking to news journalists representing the SANA news agency reported that a DGAM inspection of the site showed that the building had sustained serious damage to the stone walls and ceilings, as well as its wooden ornamentation, a unique feature in Ottoman Aleppo. 

UNESCSO's dedicated pages for Safeguarding Syrian Cultural Heritage state that the organisation has received reports that would suggest that the decorative elements inside the structure have been removed, possibly to be sold illicitly.  They have asked the public to be on the alert should they see anything similar being sold on the art market. 

Attached below are images provided by UNESCO, taken in 2010 of some of the rooms of Beit Ghazaleh. 







October 19, 2016

Abu Dhabi Police arrest three for illicit marketing and circulation of the antiquities


Photo Credit : Gulf news
goo.gl/VQq1Xa
Via the the state-run WAM news agency Brigadier General Dr. Rashid Bu Rasheed, Director of the Criminal Investigation Division of the Abu Dhabi Police has confirmed that law enforcement officials have foiled an attempt to smuggle illicit objects into the Gulf country. 


The nationalities of the smugglers has not been released. For the present, the objects will remain with the UAE authorities for security and pending further review.  No further information has been released at present as to if these objects originate from current areas of conflict. 

Stolen artefacts largely move from poor course countries to rich market countries.  Smugglers often buy antiquities from looters within their network before selling them on knowingly and unknowingly to dealers and collectors 

The antiquities markets in Gulf States such as the UAE are known transit and terminus points for illicit antiquities.  Fakes and forgeries of coins and artworks also pop up frequently via well known dealers operating within the country. 

One example of a previous illicit antiquities seizure in the AUE is outlined on Paul Barford's 2010 report excerpted here:



A sampling of similar incidents of importing or exporting of illicit antiquities via the UAE can be found below.

https://www.ice.gov/news/releases/ice-makes-arrests-and-seizes-cultural-artifacts-stolen-egypt

http://www.uaeinteract.com/docs/Dubai_Customs_foil_a_major_attempt_to_smuggle_antiquities/33117.htm

http://thetrialwarrior.blogspot.it/2011/08/prosecutors-reveal-further-details-in.html





October 13, 2016

Lecture: ‘The International Illicit Antiquities Network: Dealers, Auction Houses, Private Collectors and Museums’ by Christos Tsirogiannis


Fen Edge Archaeology Group (FEAG) will host a lecture given by Dr. Christos Tsirogiannis on the ‘The International Illicit Antiquities Network: Dealers, Auction Houses, Private Collectors and Museums

Date: Wednesday, 19 October 2016 

Time: 7.30 pm 


Admission Fee: Members £2; Non-members pay £3.’

The talk will present the main members of a trafficking network dealing in looted and smuggled antiquities, contra the 1970 UNESCO convention and will highlight connections between dealers, auction houses, private collectors and museums. Dr. Tsirogiannis will also make use of photographic evidence from confiscated archives of illicit antiquities dealers why antiquities should be repatriated and dealers and museum curators be prosecuted.

Christos Tsirogiannis is a forensic archaeologist researching smuggled antiquities and the market for looted cultural objects. He is a Senior Archaeologist at the Cambridge Archaeological Unit and a lecturer at ARCA's Postgraduate program in Art Crime and Cultural Heritage Protection.  He studied archaeology and history of art in Greece and worked for the Greek Ministries of Culture and Justice from 1994 to 2008, excavating throughout Greece and recording antiquities in private hands. 

Since 2007, Christos has been identifying illicit antiquities, depicted in the confiscated Medici, Becchina and Symes-Michaelides archives, in museums, galleries, auction houses and private collections, notifying the relevant government authorities as toxic antiquities are suspected in the licit art market. 

October 8, 2016

UNESCO issues report on Freeports


The Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of Illicit Appropriation (ICPRCP) promotes practical tools and communication to raise public awareness about trafficking in and return of stolen objects.

With its work closely tied to the 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property, the Committee met at UNESCO's Headquarters in Paris, on September 29-30, 2016 to discus the need for better prevention, increased cooperation and awareness raising of illicit trafficking in cultural property.

As an outcome of that meeting, UNESCO issued a document which highlights the phenomenon of free ports and their implications on the illicit art market. A copy of their report, it its entirety, can be referenced directly on the UNESCO website here:

Freeport concerns are a subject that ARCA has blogged about with regularity as has Professor David Gill on the blog Looting Matters as they have long been havens for high value artwork in general and illicit art work in particular.  More recently Free ports have been springing up around the world with increasing regularity as more investors begin to store and trade physical assets at locations which provide taxation incentives.

With their state of the art security, enormous potential for tax savings and less than transparent ownership record keeping which varies from country to country and freeport to freeport, these massive storage facilities may well continue to be a convenient and secure weigh station for traffickers to park hot goods until the world gets distracted elsewhere.  










September 19, 2016

Ports Francs et Entrepôts de Genève SA addressing concerns about the trade in stolen antiquities

Google Earth View of Ports Franc
As Geneva officials at the Ports Francs et Entrepôts de Genève SA attempt to address previously raised concerns about the risks surrounding the trade in stolen antiquities, both in terms of money-laundering and as a potential support for arms traffickers or terrorist groups, tighter controls have been implemented today on shipments which affect everyone in the art shipping industry that handle the shipment of antiquities to this free port. 

Originally set to be implemented this past summer, the new rule requires that anyone wanting to store ancient artefacts at the sprawling facility will have to undergo checks by an independent firm of specialists hired by the über-warehouse.  This group is tasked with investigating the validity of requests and the precise origins of any antiquities before the object is approved for transport to the complex for subsequent storage.  

The new check applies to all objects classified under HS Code 9705.   HS classifications are based on standardised international codes used in shipment data as a means of classifying specific types of goods.  Goods listed under this code are deemed to be "works of art, collectors' pieces and antiques, collections and collectors' pieces of zoological, botanical, mineralogical, anatomical, historical, archaeological, palaeontological, ethnographic or numismatic interest."

According to the Ports Francs et Entrepôts de Genève SA website, the first step of this procedure will be a documentation check made by KPMG, one of the Big Four global consultancy firms, (along with Deloitte, Ernst & Young, and PricewaterhouseCoopers) more famous for their financial audit, tax and advisory services. What this powerhouse finance firm's experience is as auditors of artwork provenance is not clear.  There is no mention of art services on the KPMG website. 

But moving along to what the shippers need to submit. 

To complete the new due diligence check, potential customers who wish to use the facility will be required to ship, a minimum of ten days prior to the intended shipment date, "all documents in your possession (invoices, lists, certificates, export licenses, passports, etc.) as well as a good quality photograph" for inspection.  The Ports Francs website doesn't specify what the photo should be of:  the object to be stored or a passport photo of the shipper.  

The Ports Francs et Entrepôts de Genève SA website further states that "an Artloss register certificate is a big asset." 

While the Geneva freeport may see a certificate from an art loss database such as London-based Art Loss Register or Art Claim (another art loss database maintained by Art Recovery International) as the owner having done their individual due diligence these types of certificates are only helpful in cases where known objects are stolen from known collections.  Such paper assurances offer no proof that the proposed antiquity is of licit origin and are ineffective in diminishing the illicit trade in archaeological remains.   

Undocumented, looted antiquities without collection histories will never appear in art loss databases.  This has been underscored over and over again. Undocumented, looted antiquities appear most often at border crossings and all to frequently launder their way up and into the art market, popping up with embarrassing regularity in museum and private collections despite sometimes having accumulated probable paperwork that on first glance tacitly legitimises them along the way.

When suspicious, rather than relying on certificates, KPMG would be better served consulting with the WCO,  academics researching in the field of illicit antiquities and the International Council of Museums (ICOM).   ICOM's “Red Lists” offer detailed descriptions of objects the auditors should be suspicious of coming from countries that may currently be or have been at risk of looting. Trusting that an object is "clean" merely because it has a stack of papers tied to it will not deter trafficking.


In 2013 Connaissances des Arts, estimated that the Ports Francs free port held around 1.2 million artworks. Its huge warehouses offers 150,000 square meters (1.6 million square feet) of storage space.  In more visual terms, that's the equivalent of 22 soccer pitches.  

While the amendment to the Swiss Customs Act, approved by the Swiss parliament on Jan. 1, 2016, and this new ruling give new power to administrators, customs authorities and contractors to monitor and control the entry and exit of goods from its tax-advantaged art-and-collectible storage facility, there is still a lot of work to be done.

Four major free ports in Switzerland dominate the market in storing high value goods. Five free ports worldwide have bet their marketshare specialising in the storage of priceless art works. The oldest is Ports Francs in the La Praille neighborhood in Geneva, Switzerland which was founded in 1850.  The others include the ultra chic Singapore Freeport which opened in 2010, the Monaco Freeport by S.E.G.E.M., in Fontvieille, just minutes away from the lucrative casinos of Monte-Carlo.

Le Freeport in Luxembourg opened its doors just two years ago, benefiting in part from the overflow of taxable goods once destined for Ports Francs in Geneva.  In the Far East the Beijing Freeport of Culture located adjacent to Beijing Capital Airport, and the much anticipated Shanghai Le Freeport West Bund, which is lated to open in 2017, both will allow the art market to store a substantial amount of art in mainland China.

In 2013, the European Fine Art Fair annual report, known in the field as the TEFAF Art Market Report cited an estimate which estimated that approximately $100 billion of art is stored in tax friendly free port facilities.  To be effective in deterring trafficking through these facilities, any inspections undertaken in free ports should be harmonised in all facilities across the globe. 

By: Lynda Albertson

May 14, 2016

Heritage Destruction in the Mediterranean Region

By Guest Editorial: Joris Kila, PhD
Cultural Adviser, The Hague Senior Researcher
Kompetenzzentrum Kulturelles Erbe und Kulturgüterschutz,
University of Vienna

This article is being released online in advance of publication in the IEMed Mediterranean Yearbook 2016 print issue. (www.iemed.org/medyearbook)

All over the news we see cultural property, the legal term widely used for cultural heritage, often connected to the cradles of civilisation, being damaged, smuggled and abused. Currently much devastation is taking place in the Middle East and North Africa (MENA) region, more specifically the Mediterranean area, e.g. Syria, Iraq, Libya and Egypt. Within the size limitations of this article I will indicate some problems, causes and possible solutions regarding safeguarding cultural property. These examples will hopefully stimulate discussion, research and a more pro-active approach towards short and long-term solutions.

Problems and Deficiencies

Because of recent conflicts and upheavals, some of which are ongoing, substantial parts of the world’s cultural resources, which are not just artworks but also containers of identity and memory, have been lost or are under threat. In modern asymmetric conflicts, cultural property protection (CPP) is a complex and serious issue due to the variety of stakeholders with unbalanced interests, its multidisciplinary character and the potential sensitivity of heritage issues, which is often connected with local, national or religious identities. 

Since institutionalised CPP emergency activities as mandatory operations under national and international law are virtually absent, a small number of cultural experts, often acting as concerned private individuals without funding, took matters into their own hands to give a good example for official CPP institutions. This resulted in a modest number of relevant and innovative activities like undercover on-site emergency assessments and engagements with military stakeholders resulting, for instance, in cultural no-strike lists, as was used in Libya in 2011 and the development of CPP doctrines for military operational planning (Kila & Zeidler 2013, Kila & Herndon 2014).

Notwithstanding this, CPP should no longer be taken care of solely by the purview of this small group of concerned people. Phenomena like using cultural property to finance conflicts, iconoclasm, military aspects, CPP and global security, strategic communication (parties as protectors or destroyers of culture) and conflicting interests of old and new stakeholders need structural research and organisation. Furthermore, the links with identity, counterinsurgency, transnational organised crime and illicit trafficking, including its related transnational finance flows, heritage as a resource for local development and the overlap between cultural and natural resources need attention. Worldwide cooperation is also dependent on new stakeholders like military organisations, crime experts, tourism organisations and cultural diplomats. 

Although legal frameworks for heritage protection appear in place (e.g. The Hague 1954, the Rome Statute 1998), today’s state of cultural property in conflict areas clearly illustrates that the effectiveness of policies and strategies (to be) implemented by institutions tasked with CPP in the event of conflict are insufficient. Most institutions seem to lack pro-activity and tend towards bureaucratic and risk-avoiding behaviour (Wilson 1989, Kila 2012. Kila, Zeidler 2013). The latter relates to (over) politicising heritage because of sensitivity caused by identity, religion and economic issues. Consequently, essential developments concerning the changing status of heritage, its economic value, heritage protection as an instrument in counter-terrorism denying the enemy financial means to prolong a conflict and legal developments, e.g. the criminalisation of offenses against cultural property in international criminal law, are not studied in a coherent transdisciplinary context.

Organisations themselves claim lack of funding as a major reason for their indolence. In the meantime devastation continues, whereas the international cooperation, coordination and research that should drive transdisciplinary, interagency and emergency endeavours, as well as the necessary funding, is either lacking or misspent. In this context a recurring misconception is that although protection of heritage is important, aid to those in need because of conflicts and natural disasters should have priority. This line of argument does not hold water because one does not exclude the other. CPP and humanitarian aid are substantively and financially separate. No funds are withdrawn from monies allocated to humanitarian disasters when heritage is protected.

Europe and CPP

One could say that CPP including combating illicit trade in artifacts is not the specific capability of the EU. Certainly it is not stated per se in the treaties, but it does fall within several areas of EU competence. Examples of this are the internal market, freedom, security and justice (AFSJ) and culture along with common foreign and security policy (CFSP).

The EU probably has no CPP expertise capability but there are experts that can provide  knowledge on this. Stakeholders like NATO*,  Europol, INTERPOL and the International Criminal Court, all based in Europe, share identical problems (lack of cultural expertise and funding), so potentially this burden can be shared making it less costly and more efficient. An example: a potential step forward was made by creating the EU CULTNET,** in  theory a platform for networking, expertise and knowledge sharing. 

In 2015, the EU Parliament called on Member States to take necessary steps to involve universities, research bodies and cultural institutions in the fight against illicit trade in cultural goods from war areas. Instead of just calling the usual re-active institutions, and in an attempt to really act without delay, a task force including cultural experts with proven track records and strong networks is highly advisable. Such an entity can be created at short notice to provide expert advice for all stakeholders. Simultaneously Europe should start coordination, research and education regarding CPP and the implementation of (legal) instruments to safeguard cultural property.  Currently the  United   States  do more  than  Europe,  and unfortunately there is little cooperation with them on this topic; maybe this will change when Europe follows in taking responsibility for CPP in the context of conflicts.

The Mediterranean Region

Cultural heritage can suffer from multiple types of damage and offences related to conflict. Typical examples include collateral damage, vandalism, encroachment as part of development, iconoclasm and looting. In Libya and Syria all these phenomena occur simultaneously; Syria is already seriously affected and Libyan heritage is, for the most part, still under threat. 

Moreover, we should consider that, according to several sources, substantial numbers of artefacts looted and smuggled out of the Mediterranean region are likely hidden in secret depots. These will enter the market in the future. As the NY Times put it: "Long-established smuggling organizations are practiced in getting the goods to people willing to pay for them, and patient enough to stash ancient artifacts in warehouses until scrutiny dies down. ***

Some Case Examples

Syria

Many important sites, libraries, archives, churches and mosques in Syria were destroyed in 2015. All warring parties are guilty of devastation and illicit trade, but  IS  drew  the  most  attention. We all remember images of temples and graves in Palmyra being blown up by IS, not to mention the execution of Palmyrian archaeologist Khaled  al-Asaad in August 2015.

In Syria, we see the return of iconoclasm driven and legitimized as an excuse for eliminating perceptions of  heresy  as well  as the  'recycling' of antique monuments  originally  built  for defense, like Krak de Chevaliers, Palmyra's Fakhr-al-Din al-Ma'ani Castle or the destroyed Temple of Bel. Iconoclasm is not only directed at immovable heritage but also at written heritage making manuscripts and books equally at risk. 

The majority of today's warring parties are guilty of destruction intentionally or by accident while disregarding cultural  property's protected status under (inter)national laws. The increase in looting and illicit traffic of cultural property, the revenues from which are used to finance conflicts, implies that CPP can be a military incentive (force multiplier) denying the enemy the means to prolong a conflict. 

CPP should therefore be part of military operational planning processes (OPP). NATO could play a role in this, helped by cultural experts, by supplying CPP doctrine planning models to Member States. The ICC should investigate possibilities of prosecuting cultural war crimes in Syria through international criminal law and certain treaties that give the ICC jurisdiction in Libya. Cultural expertise is needed for organizations like the ICC and, therefore, funding has to be in place.

Libya

Present-day Libya is divided in two parts controlled by two rival 'governments ': in Tripoli and (recognized internationally) Tobruk. Negotiations are taking place under supervision of the United Nations to unite the country again. The latest news is the announcement of a new government of national accord temporarily based in Tunis. The Department  of Antiquities  in Tripoli is still active (January 2016) and has made urgent demands for international help in order to assess the nature  of the  threats  against  Libyan heritage in situ and to find simple and cheap solutions. 

Libya has five UNESCO World Heritage sites: the ancient Greek archaeological sites of Cyrene; the Roman ruins of Leptis Magna; the Phoenician port of Sabratha; the  rock-art  sites  of  the  Acacus Mountains in the Sahara Desert; and old Ghadamès, an oasis city. 

Sites like Leptis Magna are out in the open and exposed to all kinds of threats, especially theft and urban encroachment. The Benghazi area suffers from a lack of security, and Cyrene is not only threatened by looting, but  also by (illegal) commercial developments destroying precious heritage. 

At the end of 2015, pro-ISIL militants took temporary control of part of the town of Sabratha to free members seized by a rival militia. Libya's anti- government Islamic militants have aligned with IS and are active in the surrounding areas of Sabratha, which people fear will fall victim to iconoclasm and looting. 

Iconoclastic attacks have already taken place against Sufi tombs and mosques, amongst others, in Tripoli. Several international structures and organizations exist that could and should deal with CPP in Libya but they are not doing so (effectively) because they are (or feel) restricted often by their own governments, due to possible political implications.

Conclusions

Cultural heritage abuse and destruction are rampant. Old phenomena like iconoclasm are back in strength. Iconoclasm arose in Europe in the iconoclastic rage of 1566 in which the Calvinists destroyed statues in Catholic churches and monasteries. Apart from being driven by religious motives, the destruction of antiquities and cultural objects of heritage in the Mediterranean region seems to be used as a modern form of psychological warfare. Attacks on cultural heritage also show elements of cultural genocide and, as acknowledged by the United Nations, war crimes or even crimes against humanity.

Monuments and cultural objects stand for the identity of groups and individuals. lf you want to hurt a society or a nation at its heart or erase their existence from historical memory, then their cultural heritage is a grateful prey. The main concern is that there is presently no operational protection system being implemented based on international cooperation and coordination. Legal obligations and sanctions are not sufficiently implemented and enforced - for instance, cultural war crimes should be prosecuted by the International Criminal Court.  

Can we stop the destruction of our shared cultural heritage in the Mediterranean area? 

This is hard to say, but we, especially Europa, should now, more than ever, resist the dismantling of our shared identity and become pro­ active.

--Mr. Kila will be speaking at the Saint Petersburg Institute of Oriental Manuscripts Conference: "Facing the Chaos. Tangible and Intangible Heritage Protection in the XXI century" on May 19, 2016.




* Military organizations especially NATO do not have CPP expertise nor are they hiring experts to educate the military and to bring CPP into operational planning doctrines.
** Council Resolution 14232/12 of 4 October 2012 on the creation of an informal network of law enforcement authorities and expertise competent in the field of cultural goods  (EU CULTNET).
***Source www.nytimes.com/2016/01/10/world/europe/iraq-syria-antiquities-ielamic-etate.html?_r=O accessed on 20 January 2016. 

-----------------------

References

KILA J. and HERNDON C. "Military  involvement  in Cultural Property Protection: An Overview by Joris Kila and Christopher Herndon" in Joint  Forces Quarterly, JFQ 74, 3rd Quarter 2014 July 2014.

KILA J. and ZEIDLER JA "Military Involvement in Cultural Property   Protection   as   part   of   Preventive Conservation'  In   Cultural  Heritage in  the Crosshairs: Protecting Cultural Property during Conflict, Kila, J. and Zeidler, J. (Eds), Leiden­ Boston 2013. Conclusion, Joris D. Kila and James A. Zeidler ibid. Pp. 9-50 and Pp.351-353.

KILA J. Heritage under Siege. Military implementation of  Cultural  Property Protection following the1954 Hague Convention Leiden-Boston 2012.

WILSON J. Bureaucracy. What Government Agencies Do and Why They Do it, New York, 1989.

April 20, 2016

Highlights from the US Hearing Entitled “Preventing Cultural Genocide: Countering the Plunder and Sale of Priceless Cultural Antiquities by ISIS”

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

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

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

• Dr. Amr Al-Azm, PhD, Associate Professor, Shawnee State University
• Mr. Robert M. Edsel, Chairman of the Board, Monuments Men Foundation
• Mr. Yaya J. Fanusie, Director of Analysis, Center on Sanctions and Illicit Finance,
Foundation for Defense of Democracies
• Dr. Patty Gerstenblith, PhD, Distinguished Professor, DePaul University College of
Law
• Mr. Lawrence Shindell, Chairman, ARIS Title Insurance Corporation

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



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

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

“Unfortunately the looting of archaeological sites is big business, often carried out on an organised industrialised scale and in response to market demand.  And many of these sites are unknown before they are looted.  

As cultural objects move from source, transit and destination countries different legal systems create obstacles to interdiction of objects and prosecution of crimes and they allow the laundering of title to these artefacts.  

The United States is the single largest market for art in the world, with forty-three percent of market share.  Because of the availability of the charitable tax deduction, the ability to import works of art and artefacts without payment of tariffs and because of artistic preference, the United States is the largest ultimate market for antiquities, particularly those from the Mediterranean and the Middle East."

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

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

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

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

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


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

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

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

Maamoun Abdelkarim of Syria’s DGAM inspecting the condition of delivered
artefacts transported from various parts of Syria to Damascus on Sept. 21, 2015.

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

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

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

By Lynda Albertson, ARCA CEO


August 21, 2015

Two Syrians Detained in Istanbul’s Esenyurt District for Smuggling Ottoman-era “Sikke” Coins

By Lynda Albertson

Antiquities trafficking from source countries to collector markets requires a global network of routes and facilitation by domestic and international criminal groups and, or middle men. Although the various trajectories are always evolving, there are certain well-established trafficking routes regularly used for the purpose of transporting illicit goods, be they drugs, precursor chemicals, illicit arms, humans or portable antiquities.

Some trafficking routes are chosen out of geographic necessity, while others are selected when smugglers associate an alternate route with a lower risk of discovery, higher profit margin or simply because logistics, such as fuel supplies, transport or available couriers, make one transport route or trafficker more appealing than another. 

Turkey has long been a viable trade corridor for heroin as well as other illegal merchandise.  As a stop along what is known as the Balkan Route the country's strategic geographical location has helped to develop it into a major staging area and transportation conduit used by drug traffickers smuggling heroin destined for European markets, with the largest percentage flowing into Germany and the Netherlands. 
April 27, 2015 Heroin Seizure 


But does Turkey serve as a trade route for illicit antiquities?

This week Turkish authorities announced that police had detained two Syrian antiquities smugglers also in Istanbul’s Esenyurt district and confiscated 500 historic "sikke" dating back to the Tanzimat period (1839–1876) of the Ottoman Empire.  Along with the coins police seized ammunition, a firearm, and a substantial amount of cash in three separate currencies:
August 2015 Coin Hoard Seizure

€119,000 (Euros)
₺134,500 (Turkish lira)
$4,250 (US Dollars)

Is the antiquities trade always tied to the illicit drug trade? 

Certainly not.  However one could conclude that underworld figures willing to ply their trade with one black market item (heroin) might be convinced to transport/fence other lucrative goods (coins) available on the illicit market if and when opportunity knocks and they are presented with objects for which there are likely to be buyers.  

Is the antiquities trade tied to one specific district? 

Again certainly not.  Nor should any parallel be drawn by any of our readers connecting these two isolated events in one distinct of Istanbul.

The lack of solid statistical reporting in the field of heritage-related crimes and the clandestine nature of illicit trafficking in general make drawing conclusions as to how often one type of illicit trafficking overlaps with another impossible to ascertain.  What is important however is that we actively recognize that fluid network structures, rather than more formal hierarchies, coupled with porous borders and geographical proximity to destabilized source countries located in the vicinity of established trafficking corridors where transnational criminal networks are already active could be leveraged as a means to traffic movable heritage.   It should also be understood that the average participant may not be a career criminal, but a regular citizen attempting to exploit an opportunity to supplement their income as a single link in a complex chain. 









April 28, 2015

Gaziantep, Land of Antiquities and a Whole Lot More

By Lynda Albertson

On Sunday, April 26th The Independent ran a news piece titled "Syria conflict: The illicit art trade that is a major source of income for today's terror groups is nothing new." The meaty article, by Freelance Contributor Isabel Hunter, describes the events that unfolded as she posed as an agent for an antiquities buyer during a meeting with Syrians who were purported to be middlemen selling antiquities on the outskirts of Gaziantep.

Gaziantep (Antep) is a bustling Turkish city with 1.8 million inhabitants.  Sometimes referred to as "Little Aleppo" or “Aleppo in Exile” the city has become home to many Syrians who once lived in Aleppo province but who have been forced to flee as a result of the ongoing civil war.

Now in its fourth year, Syria's multi-sided conflict has claimed more than 150,000 lives and displaced two-fifths of the country's population.  It is estimated now that 3 million Syrians have fled their homeland since the start of war and UNHCR has stated that 1.7 million Syrian refugees now live within Turkey's borders.  

30,000 of these refugees have relocated to five camps just outside Gaziantep.  A municipal official who was interviewed in January of this year estimated that the overall number of refugees in Gaziantep state alone is a staggering 400,000 people so its not surprising that “Hani” and his colleague are trying to eek out a meager living in any way they can, including trafficking.

Located just 60 kilometers from the Syrian border, Gaziantep has long been an established trade route between Syria's Aleppo province.  Historically Aleppo and Antep were both part of Ottoman province of Haleb, a longstanding trade corridor along the Silk Road.  Before war broke out, it took two hours to drive the 100 kilometers from Aleppo to Gaziantep, making it a frequent destination for Syrian travelers. Former resident's of Aleppo I spoke with this week said that to drive from Aleppo to Gaziantep now could take a full day, possibly even two depending on which roads were taken and which security checkpoints you needed to pass through or wanted to avoid. 

A bustling hub at the center of the Middle East’s biggest conflict, Gaziantep is a stopping off point for all manner of folk.  Insurgent fighters trying to get to Syria, refugees, foreign-aid workers, journalists, fixers and the ever opportunistic traffickers —all there in one way or another as the result of the Syrian conundrum.

Gaziantep Marijuana Bust December 2012
Traffickers in the past though have focused on commodities  easier to shift than antiquities.  In December 2012 Gaziantep Police Department of Anti-Smuggling and Organized Crime Branch seized 83 kilos of cannabis and arrested twelve people engaged in drug trafficking.  

In July 2014 Gaziantep Customs Enforcement teams confiscated 14,200 liters of diesel in one raid alone as smugglers began turning to the illegal fuel trade as the next hot commodity. In September 2014 Istanbul's Security Directorate Combating Smuggling and Organized Crime Branch arrested another eight traffickers for moving
Gaziantep Cigarette Trafficking 2012
9600 liters of fuel and 8500 of cartons of contraband cigarettes

Heroin, marijuana, ecstasy, fuel, mobile phones, pistachios, tea, and weapons — these are just a few of the fenced commodities trained Turkish law enforcement officers have seized in their fight against organized crime since the start of the Syrian conflict. I underscore the plethora of trafficked goods because I think its important.

Criminologists have long discussed transnational crime and the interface between legal and illegal actors broadening their activities into areas of antiquities trafficking and forgery.  But before I get into how the square holed, perforated Sumerian votive plaque in the Independent's article underscores this, I'd like to say that those in the cultural heritage protection field would be wise to discourage this type of investigative reporting when journalists come asking for leads.

The Syrian war is an exceptionally difficult story to cover due to the logistical barriers of the multi-sided conflict and the public's insatiable desire for instantaneous news.  More and more frequently journalists covering these conflicts are stringers; freelancers paid by the article who work without the safety net of the news outlets they report for.  These types of reporters don't have an editor standing in the wings saying, "walk away from it" when a story is too risky or when the line between being a legitimate journalist and an intelligence operative gets blurred.

In many cases stringers are the first with breaking news in conflicts either by risk or by happenstance.  Their goal, like that of any good reporter, is purely to bring home the story no one else has.  The difference though is that a freelance reporter might be paid £200 for a 1,000-word article and most likely doesn't even have insurance. 

Gaziantep Gun Seizure March 2015
When reporters contact ARCA asking if we can put them in touch with sketchy antiquities dealers, I tell them no.  Reporting from war zones and delving into the world of organized crime is a dicey proposition. Scoops may sell papers or create page clicks, but the journalists who win Pulitzer Prizes are rare.  Finding the dealer that is fencing Syria's and Iraq's  heritage for the sake of a story is not worth anyone's life.   A published exposée might rattle a trafficker, jeopardize the journalist, or interfere with ongoing criminal investigations, including those with heavier implications that just the world's cultural patrimony. 

I underscore this because I know there is a lot at stake as we try to draw clearer lines between terrorism, organized crime and heritage looting.   I know the topic is an important one and I know we want to know more.  But as ethical professionals we should be asking our respective countries to spend more money in law enforcement and in documenting the world's heritage better, not tacitly condoning investigative journalism in the hopes that a reporter's shocking revelation will illuminate a point we have already concluded.  Sometimes we should ask ourselves if we really need to find the smoking gun to solve this problem.

According to the Committee to Protect Journalists, 61 journalists were confirmed killed doing their job in 2014. The vast majority of these dead journalists were working in, or covering issues in conflict areas. Some were killed intentionally, despite the fact that under the Geneva Convention, journalists are to be treated as civilians in times of conflict and that harming or killing them is a war crime.

If governments need proof that antiquities are tied to crime and terrorism, they should be asking law enforcement professionals directly what their educated opinion is and dedicating appropriate resources to address the problem, not sit on the fence because statistical analysts haven't been able to provide numerical data that translates easily into the financial numbers politicians prefer.

My fear when articles like the one in the Independent are published is that we use limited examples to make larger inferences about who is moving what and for whom instead of just examining the singular case itself and what data that case alone specifically tells us.   The first question I would ask myself is why these traders were eager to show their wares to an unknown foreigner?

In doing due diligence, Isabel Hunter shared the images she obtained with a number of US academics who confirmed to The Independent that they believed the Sumerian plaque to be genuine.   Not having the details of their assessments,  I asked Ms. Hunter if I could have a copy of her larger format images as the online version used in the article had been optimized for internet viewing and made the inscription almost impossible to see.

Sumerian Relief Plaque with a Banquet Scene, Metropolitan Museum of Art
I passed the images Ms. Hunter shared with me among several researchers who helpfully pointed out that there are several so-called "banquet" votive plaques in existence and that they have been found in both northern and southern Mesopotamia, some of them with square-perforated holes, including a banquet scene in the Metropolitan Museum of Art, two plaques at the Iraqi National Museum, here and here, as well as another one of Ur-Nanshe, king of Lagash, represented as the bird-god Anzu (or Im-dugud), a lion-headed eagle located at the Louvre.

A Votive relief of Ur-Nanshe, representing bird-god Anzu, the Louvre,   Paris
But what was off on the Independant's plaque featuring Anzu was its inscription.  I spoke with Professor Eleanor Robson of University College London whose research focuses on the social and political contexts of knowledge production in the cuneiform culture of ancient Iraq.  Without publishing the details of our conversation, so as not to be of benefit of future antiquities forgers,  Dr. Robson pointed out irregularities within the inscription, which, in her academic opinion, meant the piece was not authentic, or at a minimum had been altered.  She also added that while it's theoretically possible that the text could have been added a few centuries after the artefact was made she doubted it.*

Not to discount the possibility of a later-day alteration, I forwarded Dr. Robson's thoughts back to the journalist who put me in touch with Michael Danti, a co-director of The Syrian Heritage Initiative (SHI), supported by the US Department of State and the American School of Oriental Research.  Danti had helped Ms. Hunter identify experts to determine if the piece she was shown was authentic.  Danti advised me that he had shared the Gaziantep images with Dr. Richard Zettler, Dr. Jean Evans, Dr. Robert Biggs, and Dr. John Russell who all were of the opinion that the plaque was authentic and that he would share Dr. Robson's findings with the others for clarification.  It is my hope that by sharing thoughts on authentication with one another we can better understand the motivations of this particular seller as well as to determine if this is indeed an authentic looted Iraq plaque or a passing forgery.

To that end, it is not unusual forgeries to be mixed in, knowingly and unknowingly with authentic antiquities as academics and professional dealer associations can testify. They even have a term for intentional mixing, a practice known in the trade as "seeding".  It is also not unusual for forgeries and counterfeits of Assyro-Babylonian antiquities to deceive the eyes of specialists as some may specialize in iconography while others specialize in ancient texts. 

As soon as the explorations at Nimrod and Hatra attracted the public’s attention, forgeries began and its commonplace to find small objects, such as forged inscriptions, in the art market and markets throughout the middle east, especially where there is a tourist trade.  Most individuals, cannot read ancient languages and are simply looking to buy something which is aesthetically pleasing.  Plaques and tablets with wedge-shaped cuneiform script are also easier for forgers to execute with some precision, copying what they chisel character by character from photographs or books.

Since the early ’90s there’s been a notable supply of both real and forged cuneiform artifacts in the international antiquities art markets, some pilfered from archaeological sites, others lifted straight out of regional Iraqi museums, and still others gently handcrafted for the unsuspecting buyer.

In favor of the object's possible authenticity is the fact that the Turkish cities of Antakya, Gaziantep, Mardin, and Urfa have each been previously identified as cities where antiquities looted from Syria’s and Iraq can be found, including objects taken from Apamea and Dura-Europos, sites which also sustained looting while under governmental control, underscoring that opportunistic looting is not just restricted to terrorist organizations. Given that other items are fairly easy to fence in this zone, its probably reasonable to assume that antiquities are just another type of commodity to be traded.

But aside from the lettering incised in the tablet I also wonder whether or not the de-dolomitization (the way the surface of the stone has aged) is artificial.  If academics cannot even agree on if something is authentic vs. faked imagine how difficult this job would be for border authorities in stemming the flow of undocumented antiquities.  Looted antiquities pass through busy ports hidden among legitimate merchandise, or through porous borders in refugee bundles or intentionally packaged and mislabeled as reproductions only to revert back to being authentic when sold on the art market.   

With or without ISIS, fakes and illicit antiquities will continue to enter the art market wherever there is a willing buyer. Finding one dealer who will show a journalist his hidden treasure won't be a deterrent.  Artwork from the Early Dynastic Period (mid third-millennium BC), a time when stone was the common medium, gives both looters and opportunistic forgers a lot of material to work with. 

* Researchers interested in reviewing these assessments can write to us privately to share opinions.


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