Art repatriation
Encyclopedia
Art repatriation is the return of art or cultural objects, usually referring to ancient or looted art
Looted art
Looted art has been a consequence of looting during war, natural disaster and riot for centuries. Looting of art, archaeology and other cultural property may be an opportunistic criminal act, or may be a more organized case of unlawful or unethical pillage by the victor of a conflict."Looted art"...

, to their country of origin or former owners (or their heirs). The disputed cultural property items are physical artifacts of a group or society that were taken from another group usually in an act of looting, whether in the context of imperialism
Imperialism
Imperialism, as defined by Dictionary of Human Geography, is "the creation and/or maintenance of an unequal economic, cultural, and territorial relationships, usually between states and often in the form of an empire, based on domination and subordination." The imperialism of the last 500 years,...

, colonialism
Colonialism
Colonialism is the establishment, maintenance, acquisition and expansion of colonies in one territory by people from another territory. It is a process whereby the metropole claims sovereignty over the colony and the social structure, government, and economics of the colony are changed by...

 or war. The contested objects range widely from sculptures and paintings to monuments and human remains.

Ancient world

War and the subsequent looting of defeated peoples has been common practice since ancient times. The stele of King Naram-Sin of Akkad, which is now displayed in the Louvre Museum in Paris, is one of the earliest works of art known to have been looted in war. The stele commemorating Naram-Sin's victory in a battle against the Lullubi
Lullubi
The Lullubi or Lulubi were a group of tribes during the 3rd millennium BC, from a region known as Lulubum, now the Sharazor plain of in the Zagros Mountains of modern Iran...

 people in 2250 BCE was taken as war plunder about a thousand years later by the Elamites who relocated it to their capital in Susa
Susa
Susa was an ancient city of the Elamite, Persian and Parthian empires of Iran. It is located in the lower Zagros Mountains about east of the Tigris River, between the Karkheh and Dez Rivers....

, Iran. There, it was uncovered in 1898 by French archaeologists.

The Palladion was the earliest and perhaps the most important stolen statue in western literature. The small carved wooden statue of an armed Athena
Athena
In Greek mythology, Athena, Athenê, or Athene , also referred to as Pallas Athena/Athene , is the goddess of wisdom, courage, inspiration, civilization, warfare, strength, strategy, the arts, crafts, justice, and skill. Minerva, Athena's Roman incarnation, embodies similar attributes. Athena is...

 served as Troy's protective talisman
Talisman
Talisman have several meanings:*TalismanBooks and novels* The Talisman , a historical novel by Sir Walter Scott* The Talisman , a novel by Stephen King and Peter Straub...

, which is said to have been stolen by two Greeks who secretly smuggled the statue out of the Temple of Athena. It was widely believed in antiquity that the conquest of Troy was only possible because the city had lost its protective talisman. This myth illustrates the sacramental significance of statuary in Ancient Greece as divine manifestations of the gods that symbolized power and oftentimes possessed supernatural abilities. The sacredness characterizing statues is further illustrated in the supposed suffering of the victorious Greeks afterward, including Odysseus
Odysseus
Odysseus or Ulysses was a legendary Greek king of Ithaca and the hero of Homer's epic poem the Odyssey. Odysseus also plays a key role in Homer's Iliad and other works in the Epic Cycle....

, who was the mastermind behind the robbery.

According to Roman myth, Rome was founded by Romulus
Romulus
- People:* Romulus and Remus, the mythical founders of Rome* Romulus Augustulus, the last Western Roman Emperor* Valerius Romulus , deified son of the Roman emperor Maxentius* Romulus , son of the Western Roman emperor Anthemius...

, the first victor to dedicate spoils taken from an enemy ruler to the Temple of Jupiter Feretrius. In Rome's many subsequent wars, blood-stained armor and weaponry were gathered and placed in temples as a symbol of respect toward the enemies' deities and as a way to win their patronage. As Roman power spread throughout Italy where Greek cities once reigned, Greek art was looted and ostentatiously displayed in Rome as a triumphal symbol of foreign territories brought under Roman rule. However, the triumphal procession of Marcus Claudius Marcellus
Marcus Claudius Marcellus
Marcus Claudius Marcellus , five times elected as consul of the Roman Republic, was an important Roman military leader during the Gallic War of 225 BC and the Second Punic War...

 after the fall of Syracuse in 211 is believed to have set a standard of reverence to conquered sanctuaries as it engendered disapproval by critics and a negative social reaction.

Modern era

One of the most infamous cases of esurient art plundering in wartime was the Nazi appropriation of art from both public and private holdings throughout Europe and Russia. The looting began before World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

 with illegal seizures as part of a systematic persecution of Jews, which was included as a part of Nazi crimes during the Nuremberg Trials
Nuremberg Trials
The Nuremberg Trials were a series of military tribunals, held by the victorious Allied forces of World War II, most notable for the prosecution of prominent members of the political, military, and economic leadership of the defeated Nazi Germany....

. During WWII, Germany plundered 427 museums in the Soviet Union
Soviet Union
The Soviet Union , officially the Union of Soviet Socialist Republics , was a constitutionally socialist state that existed in Eurasia between 1922 and 1991....

 and ravaged or destroyed 1,670 Russian Orthodox churches, 237 Catholic
Catholic
The word catholic comes from the Greek phrase , meaning "on the whole," "according to the whole" or "in general", and is a combination of the Greek words meaning "about" and meaning "whole"...

 churches and 532 synagogues.

A well-known recent case of wartime looting was the plundering of ancient artifacts from the National Museum of Iraq
National Museum of Iraq
The National Museum of Iraq is a museum located in Baghdad, Iraq. It contains precious relics from Mesopotamian civilization.-Foundation:...

 in Baghdad at the outbreak of the war in 2003. Although this was not a case in which the victors plundered art from their defeated enemy, it was result of the unstable conditions of war that allowed looting to happen and which some would argue was the fault of the invading US forces.

Archaeologists and scholars criticized the US military for not taking the measures to secure the museum, a repository for a myriad of valuable ancient artifacts from the ancient Mesopotamian civilization. In the several months leading up to the war, scholars, art directors, and collector met with the Pentagon
The Pentagon
The Pentagon is the headquarters of the United States Department of Defense, located in Arlington County, Virginia. As a symbol of the U.S. military, "the Pentagon" is often used metonymically to refer to the Department of Defense rather than the building itself.Designed by the American architect...

 to ensure that the US government would protect Iraq's important archaeological heritage, with the National Museum in Baghdad being at the top of the list of concerns. Between April 8, when the museum was vacated and April 12, when some of the staff returned, an estimated 15,000 items and an additional 5,000 cylinder seals were stolen. Moreover, the National Library was plundered of thousands of cuneiform
Cuneiform
Cuneiform can refer to:*Cuneiform script, an ancient writing system originating in Mesopotamia in the 4th millennium BC*Cuneiform , three bones in the human foot*Cuneiform Records, a music record label...

 tablets and the building was set on fire with half a million books inside; fortunately, many of the manuscripts and books were preserved. A US task force was able to retrieve about half of the stolen artifacts by organizing and dispatching an inventory of missing objects and by declaring that there would be no punishment for anyone returning an item. In addition to the vulnerability of art and historical institutions during the Iraq war, Iraq's rich archaeological sites and areas of excavated land (Iraq is presumed to possess vast undiscovered treasures) have fallen victim to widespread looting. Hordes of looters disinterred enormous craters around Iraq's archaeological sites, sometimes using bulldozers. It is estimated that between 10,000 and 15,000 archaeological sites in Iraq have been despoiled.

Modern imperialism and looting

The scale of plundering that took place under Napoleon's French Empire was unprecedented in modern history with the only comparable looting expeditions taking place in ancient Roman history. In fact, the French revolutionaries justified the large-scale and systematic looting of Italy in 1796 by viewing themselves as the political successors of Rome, in the same way that ancient Romans saw themselves as the heirs of Greek civilization. They also supported their actions with the opinion that their sophisticated artistic taste would allow them to appreciate the plundered art. Napoleon's soldiers crudely dismantled the art by tearing paintings out of their frames hung in churches and sometimes causing damage during the shipping process. Napoleon's soldiers appropriated private collections and even the papal collection. Of the most famous artworks plundered included the Bronze Horses of Saint Mark
Horses of Saint Mark
The Triumphal Quadriga or Horses of St Mark's is a set of bronze statues of four horses, originally part of a monument depicting a quadriga , which have been set into the facade of St Mark's Basilica in Venice, northern Italy, since the 13th century.-Origins:The sculptures date from late classical...

 in Venice (since returned), and the Laocoön
Laocoön
Laocoön the son of Acoetes is a figure in Greek and Roman mythology.-History:Laocoön is a Trojan priest of Poseidon , whose rules he had defied, either by marrying and having sons, or by having committed an impiety by making love with his wife in the presence of a cult image in a sanctuary...

 in Rome, with the later being considered the most impressive sculpture from antiquity at the time. The Laocoön had a particular meaning for the French because it was associated with a myth in connection to the founding of Rome. When the art was brought into Paris, the pieces arrived in the fashion of a triumphal procession modeled after the common practice of ancient Romans. Napoleon's extensive plunder of Italy was criticized by such French artists as Antoine-Chrysostôme Quatremère de Quincy (1755–1849), who circulated a petition that gathered the signatures of fifty other artists. With the founding of the Louvre Museum in Paris in 1793, Napoleon's aim was to establish an encyclopedic exhibition of art history, which later both Stalin and Hitler would attempt to emulate in their respective countries.

Napoleon continued his art conquests in 1798 when he invaded Egypt in an attempt to safeguard French trade interests and to undermine Britain's access to India via Egypt. His expedition in Egypt is noted for the 167 "savants" he took with him including scientists and other specialists equipped with tools for recording, surveying and documenting ancient and modern Egypt and its natural history. Among other things, the expedition discoveries included the Rosetta Stone
Rosetta Stone
The Rosetta Stone is an ancient Egyptian granodiorite stele inscribed with a decree issued at Memphis in 196 BC on behalf of King Ptolemy V. The decree appears in three scripts: the upper text is Ancient Egyptian hieroglyphs, the middle portion Demotic script, and the lowest Ancient Greek...

 and the Valley of the Kings
Valley of the Kings
The Valley of the Kings , less often called the Valley of the Gates of the Kings , is a valley in Egypt where, for a period of nearly 500 years from the 16th to 11th century BC, tombs were constructed for the Pharaohs and powerful nobles of the New Kingdom .The valley stands on the west bank of...

 near Thebes. The French military campaign was short-lived and unsuccessful and the majority of the collected artifacts (including the Rosetta Stone) were seized by British troops, ending up in the British Museum
British Museum
The British Museum is a museum of human history and culture in London. Its collections, which number more than seven million objects, are amongst the largest and most comprehensive in the world and originate from all continents, illustrating and documenting the story of human culture from its...

. Nonetheless, the information gathered by the French expedition was soon after published in the several volumes of Description de l'Égypte
Description de l'Egypte
Description de l'Égypte is the title of several books.* Description de l'Égypte - Description de l'Égypte ou Recueil des observations et des recherches qui ont été faites en Égypte pendant l'expédition de l'armée française Pub; First Edition , L'Imprimerie Imperiale, 1809-1813; l'Imprimerie...

, which included 837 copperplate engravings and over 3,000 drawings. In contrast to the disapproving public reaction to the looting of Italian works of art, the appropriation of Egyptian art saw widespread interest and fascination throughout Europe, inciting a phenomenon which came to be called "Egyptomania
Egyptomania
Egyptomania was the renewed interest of Europeans in ancient Egypt during the nineteenth century as a result of Napoleon's Egyptian Campaign and, in particular, as a result of the extensive scientific study of ancient Egyptian remains and culture inspired by this campaign...

".

Demands for restitution

A precedent for art repatriation was set in Roman antiquity when Cicero
Cicero
Marcus Tullius Cicero , was a Roman philosopher, statesman, lawyer, political theorist, and Roman constitutionalist. He came from a wealthy municipal family of the equestrian order, and is widely considered one of Rome's greatest orators and prose stylists.He introduced the Romans to the chief...

 prosecuted Verres
Verres
Gaius Verres was a Roman magistrate, notorious for his misgovernment of Sicily. It is not known what gens he belonged to, though some give him the nomen Licinius.-As governor:...

, a senate member and illegal appropriator of art. Cicero's speech influenced Enlightenment
Age of Enlightenment
The Age of Enlightenment was an elite cultural movement of intellectuals in 18th century Europe that sought to mobilize the power of reason in order to reform society and advance knowledge. It promoted intellectual interchange and opposed intolerance and abuses in church and state...

 European thought and had an indirect impact on the modern debate about art repatriation. Cicero's argument uses military episodes of plunder as "case law" and expresses certain standards when it comes to appropriating cultural property of another people. Cicero makes a distinction between public and private uses of art and what is appropriate for each and he also asserts that the primary purpose of art is religious expression and veneration. He also sets standards for the responsibilities of imperial administration abroad to the code of ethics surrounding the collection of art from defeated Greece and Rome in wartime. Later, both Napoleon and Lord Elgin would be likened to Verres in condemnations of their plundering of art.

Art was repatriated for the first time in modern history when Arthur Wellesley, 1st Duke of Wellington
Arthur Wellesley, 1st Duke of Wellington
Field Marshal Arthur Wellesley, 1st Duke of Wellington, KG, GCB, GCH, PC, FRS , was an Irish-born British soldier and statesman, and one of the leading military and political figures of the 19th century...

 overturned art plundered by Napoleon to Italy after he and Marshal Bulchers armies defeated the French at the Battle of Waterloo
Battle of Waterloo
The Battle of Waterloo was fought on Sunday 18 June 1815 near Waterloo in present-day Belgium, then part of the United Kingdom of the Netherlands...

 in 1815. This decision contrasted sharply to a long-held tradition to the effect that "to the victors go the spoils
Spoils system
In the politics of the United States, a spoil system is a practice where a political party, after winning an election, gives government jobs to its voters as a reward for working toward victory, and as an incentive to keep working for the party—as opposed to a system of awarding offices on the...

." This is remarkable considering that in the battle of Waterloo alone, the financial and human costs were colossal; the decision to not only refrain from plundering France but to repatriate France's prior seizures from the Netherlands, Italy, Prussia, and Spain, was extraordinary. Moreover, the British paid for the restitution of the papal collection to Rome because the Pope could not finance the shipping himself. When British troops began packing up looted art from the Louvre, there the was a public outcry in France. Crowds reportedly tried to prevent the taking of the Horses of Saint Mark
Horses of Saint Mark
The Triumphal Quadriga or Horses of St Mark's is a set of bronze statues of four horses, originally part of a monument depicting a quadriga , which have been set into the facade of St Mark's Basilica in Venice, northern Italy, since the 13th century.-Origins:The sculptures date from late classical...

 and there were throngs of weeping ladies outside the Louvre Museum. Despite the unprecedented nature of this repatriation effort, there are recent estimations that only about 55 percent of what was taken was actually repatriated: the Louvre Director at the time, Vivant Denon, had sent out many important works to other parts of France before the British could take them. Wellington viewed himself as representing all of Europe's nations and he believed that the moral decision would be to restore the art in its apparently proper context. In a letter to Lord Castlereagh he wrote:
Wellington also forbade pilfering among his troops as he believed that it led to the lack of discipline and distraction from military duty. He also held the view that winning support from local inhabitants was an important break from Napoleon's practices.

The great public interest in art repatriation helped fuel the expansion of public museums in Europe and launched museum-funded archaeological explorations. The concept of art and cultural repatriation gained momentum through the latter decades of the twentieth century and began to show fruition by the end of the century when key works were ceded back to claimants.

National government laws

In 1863 US President Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...

 summoned Francis Lieber
Francis Lieber
Francis Lieber , known as Franz Lieber in Germany, was a German-American jurist, gymnast and political philosopher. He edited an Encyclopaedia Americana...

, a German-American jurist and political philosopher, to write a legal code to regulate Union soldiers' behavior toward Confederation prisoners, noncombatants, spies and property. The resulting General Orders No.100 or the Lieber Code
Lieber Code
The Lieber Code of April 24, 1863, also known as Instructions for the Government of Armies of the United States in the Field, General Order № 100, or Lieber Instructions, was an instruction signed by President Abraham Lincoln to the Union Forces of the United States during the American Civil War...

, legally recognized cultural property as a protected category in war. The Lieber Code had far-reaching results as it became the basis for the Hague Convention of 1907 and 1954 and has led to Standing Rules of Engagement (ROE) for US troops today. A portion of the ROE clauses instruct US troops not to attack "schools, museums, national monuments, and any other historical or cultural sites unless they are being used for a military purpose and pose a threat".

In 2004 the US passed the Bill HR1047 for the Emergency Protection for Iraq Cultural Antiquities Act, which allows the President authority to impose emergency import restrictions by Section 204 of the Convention on Cultural Property Implementation Act (CCIPA). In 2003, Britain and Switzerland put into effect statutory prohibitions against illegally exported Iraqi artifacts. In the UK, the Dealing in Cultural Objects Bill was established in 2003 that prohibited the handling of illegal cultural objects.

International conventions

The Hague Convention of 1907 aimed to forbid pillaging and sought to make wartime plunder the subject of legal proceedings, although in practice the defeated countries did not gain any leverage in their demands for repatriation. The Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict took place in the wake of widespread destruction of cultural heritage in World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

 is the first international treaty of a worldwide vocation focusing exclusively on the protection of cultural heritage in the event of armed conflict.

The UNIDROIT
UNIDROIT
The International Institute for the Unification of Private Law, also known as UNIDROIT, is an independent intergovernmental Organisation based in Rome, Italy...

 (International Institute for the Unification of Private Law) Convention on Stolen or Illicitly Exported Cultural Objects of 1995 called for the return of illegally exported cultural objects

UNESCO

The 1970 UNESCO
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...

 Convention against Illicit Export under the Act to implement the Convention (the Cultural Property Implementation Act) allowed for stolen objects to be seized if there were documentation of it in a museum or institution of a state party and the following agreement in 1972 promoted world cultural and natural heritage

The 1978 UNESCO Convention strengthened existing provisions; the Intergovernmental Committee for Promoting the Return of Cultural Property to its Countries of Origin or its Restitution in case of illicit Appropriation was established. It consists of 22 members elected by the General Conference of UNESCO to facilitate bilateral negotiations for the restitution of "any cultural property which has a fundamental significance from the point of view of the spiritual values and cultural heritage of the people of a Member State or Associate Member of UNESCO and which has been lost as a result of colonial or foreign occupation or as a result of illicit appropriation". It was also created to "encourage the necessary research and studies for the establishment of coherent programmes for the constitution of representative collections in countries whose cultural heritage has been dispersed".

In response to the Iraqi National Museum looting, UNESCO Director-General, Kōichirō Matsuura
Koichiro Matsuura
is a Japanese diplomat. He is the former Director-General of UNESCO. He was first elected in 1999 to a six-year term and reelected on 12 October 2005 for four years, following a reform instituted by the 29th session of the General Conference...

 convened a meeting in Paris on April 17, 2003 in order to assess the situation and coordinate international networks in order to recover the cultural heritage of Iraq. On July 8, 2003, Interpol
Interpol
Interpol, whose full name is the International Criminal Police Organization – INTERPOL, is an organization facilitating international police cooperation...

 and UNESCO
UNESCO
The United Nations Educational, Scientific and Cultural Organization is a specialized agency of the United Nations...

 signed an amendment to their 1999 Cooperation Agreement in the effort to recover looted Iraqi artifacts.

Colonialism and identity

From early on, the field of archaeology was deeply involved in political endeavors and in the construction of national identities. This early relationship can be seen during the Renaissance
Renaissance
The Renaissance was a cultural movement that spanned roughly the 14th to the 17th century, beginning in Italy in the Late Middle Ages and later spreading to the rest of Europe. The term is also used more loosely to refer to the historical era, but since the changes of the Renaissance were not...

 and the proto-Italian reactions against the High Gothic movement, but the relationship became stronger during 19th century Europe when archaeology became institutionalized as a field of study furnished by artifacts acquired during the rise of European colonialism led by the British and French. Colonialism and the field of archaeology mutually supported one another as the need to acquire knowledge of ancient artifacts justified further colonial dominance.

As further justification for colonial rule, the archaeological discoveries also shaped the way European colonialists identified with the artifacts and the ancient people who made them. In the case of Egypt, colonial Europe's mission to bring the glory and magnificence of ancient Egypt closer to Europe and incorporate it into knowledge of world history, or better yet, European history placed ancient Egypt in a new spotlight. With the archaeological discoveries, ancient Egypt was adopted into the Western historical narrative and came to take on a significance that had up until that time been reserved for ancient Greek and Roman civilization. The French revolutionaries justified the large-scale and systematic looting of Italy in 1796 by viewing themselves as the political successors of Rome, in the same way that ancient Romans saw themselves as the heirs of Greek civilization; by the same token, the appropriation of ancient Egyptian history as European history further legitimated Western colonial rule over Egypt. But while ancient Egypt became patrimony of the West, modern Egypt remained a part of the Muslim world. The writings of European archaeologists and tourists illustrate the impression that modern Egyptians were uncivilized, savage, and the antithesis of the splendor of ancient Egypt.

Museums furnished by colonial looting have largely shaped the way a nation imagines its dominion, the nature of the human beings under its power, the geography of the land, and the legitimacy of its ancestors, working to suggest a process of political inheriting. It is necessary to understand the paradoxical way in which the objects on display at museums are tangible reminders of the power held by those who gaze at them. Eliot Colla describes the structure of the Egyptian sculpture room in the British Museum as an assemblage that “form[s] an abstract image of the globe with London at the center”. The British Museum
British Museum
The British Museum is a museum of human history and culture in London. Its collections, which number more than seven million objects, are amongst the largest and most comprehensive in the world and originate from all continents, illustrating and documenting the story of human culture from its...

, as Colla describes, presents a lesson of human development and progress: “the forward march of human civilization from its classical origins in Greece and Rome, through Renaissance Italy, to modern-day London”.

The restoration of monuments was often made in colonial states to make natives feel as if in their current state, they were no longer capable of greatness. Furthermore, sometimes colonial rulers argued that the ancestors of the colonized people did not make the artifacts. Some scholars also argue that European colonialists used monumental archaeology and tourism to appear as the guardian of the colonized, reinforcing unconscious and undetectable ownership. Colonial rulers used peoples, religions, languages, artifacts, and monuments as source for reinforcing European nationalism, which was adopted and easily inherited from the colonial states.

Nationalism and identity

As a direct reaction and resistance to colonial oppression, archaeology was also used for the purpose of legitimating the existence of an independent nation-state. For example, Egyptian Nationalists utilized its ancient history to invent the political and expressive culture of “Pharaonism
Pharaonism
Pharaonism is an ideology that rose to prominence in Egypt in the 1920s and 1930s. It looked to Egypt's pre-Islamic past and argued that Egypt was part of a larger Mediterranean civilization. This ideology stressed the role of the Nile River and the Mediterranean Sea...

” as a response to Europe’s “Egyptomania
Egyptomania
Egyptomania was the renewed interest of Europeans in ancient Egypt during the nineteenth century as a result of Napoleon's Egyptian Campaign and, in particular, as a result of the extensive scientific study of ancient Egyptian remains and culture inspired by this campaign...

”. Some argue that in colonized states, nationalist archaeology was used to resist colonialism and racism under the guise of evolution. While it is true that both colonialist and nationalist discourse use the artifact to form mechanisms to sustain their contending political agendas, there is a danger in to viewing them interchangeably since the latter was a reaction and form of resistance to the former. On the other hand, it is important to realize that in the process of emulating the mechanisms of colonial discourse, the nationalist discourse produced new forms of power. In the case of the Egyptian nationalist movement, the new form of power and meaning that surrounded the artifact furthered the Egyptian independence cause but continued to oppress the rural Egyptian population.

Some scholars argue that archaeology can be a positive source of pride in cultural traditions, but can also be abused to justify cultural or racial superiority as the Nazis argued that Germanic people of Northern Europe was a distinct race and cradle of Western civilization that was superior to Jewish race. In some conflicts that involve land ownership, archaeology is used to encourage confrontation by means of constructing of national myth as seen with the ancient fortress of Masada
Masada
Masada is the name for a site of ancient palaces and fortifications in the South District of Israel, on top of an isolated rock plateau, or horst, on the eastern edge of the Judean Desert, overlooking the Dead Sea. Masada is best known for the violence that occurred there in the first century CE...

 in Israel. In other cases, archaeology allows rulers to justify the domination of neighboring peoples as Saddam Hussein
Saddam Hussein
Saddam Hussein Abd al-Majid al-Tikriti was the fifth President of Iraq, serving in this capacity from 16 July 1979 until 9 April 2003...

 used Mesopotamia
Mesopotamia
Mesopotamia is a toponym for the area of the Tigris–Euphrates river system, largely corresponding to modern-day Iraq, northeastern Syria, southeastern Turkey and southwestern Iran.Widely considered to be the cradle of civilization, Bronze Age Mesopotamia included Sumer and the...

's magnificent past to justify his invasion of Kuwait
Invasion of Kuwait
The Invasion of Kuwait, also known as the Iraq-Kuwait War, was a major conflict between the Republic of Iraq and the State of Kuwait, which resulted in the seven-month long Iraqi occupation of Kuwait, which subsequently led to direct military intervention by United States-led forces in the Gulf...

 in 1990.

Some scholars employ the idea that identity is fluid and constructed, especially national identity of modern nation-states, to argue that the post-colonial countries have no real claims to the artifacts plundered from their borders since their cultural connections to the artifacts are indirect and equivocal. This argument asserts that artifacts should be viewed as universal cultural property and should not be divided among artificially created nation-states. Moreover, that encyclopedic museums are a testament to diversity, tolerance and the appreciation of many cultures. Other scholars would argue that this reasoning is a continuation of colonialist discourse attempting to appropriate the ancient art of colonized states and incorporate it into the narrative of Western history.

Controversy


The debate surrounding art repatriation differs case by case due to the specific nature of legal and historical issues surrounding each case, but below are listed general arguments commonly used:

Arguments against repatriation

  • Artifacts are a part of a universal human history and encyclopedic museums like the Musée du Louvre, British Museum
    British Museum
    The British Museum is a museum of human history and culture in London. Its collections, which number more than seven million objects, are amongst the largest and most comprehensive in the world and originate from all continents, illustrating and documenting the story of human culture from its...

    , and Metropolitan Museum of Art
    Metropolitan Museum of Art
    The Metropolitan Museum of Art is a renowned art museum in New York City. Its permanent collection contains more than two million works, divided into nineteen curatorial departments. The main building, located on the eastern edge of Central Park along Manhattan's Museum Mile, is one of the...

     cultivate the dissemination of knowledge, tolerance, and broad cultural understanding.
  • Oftentimes the artifacts were excavated or uncovered by the work of the looters, bringing to light a piece of artwork that would have never been seen; foreign-led excavation teams have uncovered much knowledge and we are indebted to their hard work and discoveries.
  • Nationalist retentionist cultural property laws claiming ownership are founded on constructed boundaries of modern nations with weak connections to the culture, spirit, and race to the ancient peoples who produced those antiquities. Cultural identities are dynamic, inter-related and overlapping so no modern nation-state can claim cultural property as their own or else they are promoting a sectarian view of culture.
  • Having artwork disseminated around the world encourages international scholarly and professional exchange.
  • The encyclopedic museums in Paris, London, New York, etc., are located in diverse cosmopolitan cities and if the artworks were to be moved, it would be seen by far fewer people

Arguments for repatriation

  • The encyclopedic museums like the Musée du Louvre, British Museum
    British Museum
    The British Museum is a museum of human history and culture in London. Its collections, which number more than seven million objects, are amongst the largest and most comprehensive in the world and originate from all continents, illustrating and documenting the story of human culture from its...

    , and Metropolitan Museum of Art
    Metropolitan Museum of Art
    The Metropolitan Museum of Art is a renowned art museum in New York City. Its permanent collection contains more than two million works, divided into nineteen curatorial departments. The main building, located on the eastern edge of Central Park along Manhattan's Museum Mile, is one of the...

     were established as repositories for looted art during imperial and colonial rule and thus are located in European metropolitan cities out of view and reach of the cultures they were appropriated from.
  • Precedence of repatriated art has already have been set in many cases but the artworks that museums currently refuse to repatriate are the most valuable and famous artworks.
  • Foreign-led excavations have justified colonial rule; in the pursuit of obtaining knowledge about the artifacts, there was a need to establish control over the artifacts and the countries where they were located.
  • The argument that art is a part of a universal human history is a derivative of colonial discourse that appropriated ancient art of other cultures into the Western historical narrative.
  • The encyclopedic museums that house much of the world's artworks and artifacts are located in Western cities and privilege European scholars, professionals, and people.
  • The argument that artwork will not be protected outside of the Western world is hypocritical as much of the artwork transported out of colonized countries was crudely removed and damaged and sometimes lost in transportation. The Elgin marbles
    Elgin Marbles
    The Parthenon Marbles, forming a part of the collection known as the Elgin Marbles , are a collection of classical Greek marble sculptures , inscriptions and architectural members that originally were part of the Parthenon and other buildings on the Acropolis of Athens...

     for example, were also damaged during the cleaning and "preservation" process.
  • Art is best appreciated and understood in its original historical and cultural context.
  • Art taken out of the country as a spoil of war, looting, imperialism, and colonialism is unethical, even if it isn't reflected in legislation. The possession of artwork taken under these conditions is a form of continued colonialism.
  • The lack of existing legal recourse for claiming the return of illicitly appropriated cultural property is a result of colonization.
  • Cultural property is a symbol of cultural heritage and identity and the appropriation of historical artworks is an affront to a nation's pride.

Egypt

Egypt is currently seeking the repatriation of the Rosetta Stone
Rosetta Stone
The Rosetta Stone is an ancient Egyptian granodiorite stele inscribed with a decree issued at Memphis in 196 BC on behalf of King Ptolemy V. The decree appears in three scripts: the upper text is Ancient Egyptian hieroglyphs, the middle portion Demotic script, and the lowest Ancient Greek...

 from the British Museum
British Museum
The British Museum is a museum of human history and culture in London. Its collections, which number more than seven million objects, are amongst the largest and most comprehensive in the world and originate from all continents, illustrating and documenting the story of human culture from its...

 and the Nefertiti bust
Nefertiti Bust
The Nefertiti Bust is a 3300-year-old painted limestone bust of Nefertiti, the Great Royal Wife of the Egyptian Pharaoh Akhenaten and is one of the most copied works of ancient Egypt. Due to the bust, Nefertiti has become one of the most famous women from the ancient world as well as an icon of...

 from the Neues Museum
Neues Museum
The ' is a museum in Berlin, Germany, located to the north of the Altes Museum on Museum Island.It was built between 1843 and 1855 according to plans by Friedrich August Stüler, a student of Karl Friedrich Schinkel. The museum was closed at the beginning of World War II in 1939, and was heavily...

 in Berlin.

Greece

Greece is currently seeking to repatriation of the Elgin Marbles
Elgin Marbles
The Parthenon Marbles, forming a part of the collection known as the Elgin Marbles , are a collection of classical Greek marble sculptures , inscriptions and architectural members that originally were part of the Parthenon and other buildings on the Acropolis of Athens...

 from the British Museum
British Museum
The British Museum is a museum of human history and culture in London. Its collections, which number more than seven million objects, are amongst the largest and most comprehensive in the world and originate from all continents, illustrating and documenting the story of human culture from its...

, taken from the Parthenon
Parthenon
The Parthenon is a temple on the Athenian Acropolis, Greece, dedicated to the Greek goddess Athena, whom the people of Athens considered their virgin patron. Its construction began in 447 BC when the Athenian Empire was at the height of its power. It was completed in 438 BC, although...

 by Thomas Bruce, 7th Earl of Elgin
Thomas Bruce, 7th Earl of Elgin
Thomas Bruce, 7th Earl of Elgin and 11th Earl of Kincardine was a Scottish nobleman and diplomat, known for the removal of marble sculptures from the Parthenon in Athens. Elgin was the second son of Charles Bruce, 5th Earl of Elgin and his wife Martha Whyte...

. Since 1816, the British Museum
British Museum
The British Museum is a museum of human history and culture in London. Its collections, which number more than seven million objects, are amongst the largest and most comprehensive in the world and originate from all continents, illustrating and documenting the story of human culture from its...

 has held the Parthenon Marbles
Elgin Marbles
The Parthenon Marbles, forming a part of the collection known as the Elgin Marbles , are a collection of classical Greek marble sculptures , inscriptions and architectural members that originally were part of the Parthenon and other buildings on the Acropolis of Athens...

 ("In Britain, the acquisition of the collection was supported by some, while other critics compared The British Consul at Greece Elgin's actions to vandalism or looting", text from the Marbles article), and, despite the tortuous and ill explained path from Greece to England, the museum strongly defends its right to own and display the marbles.

Italy

In February 2006, Metropolitan Museum of Art
Metropolitan Museum of Art
The Metropolitan Museum of Art is a renowned art museum in New York City. Its permanent collection contains more than two million works, divided into nineteen curatorial departments. The main building, located on the eastern edge of Central Park along Manhattan's Museum Mile, is one of the...

 negotiated the repatriation of the Euphronios krater
Euphronios krater
The Euphronios krater is an ancient Greek terra cotta krater, a bowl used for mixing wine with water. Created around the year 515 BC, it is considered one of the finest Greek vase in existence artifacts and is the only complete example of the surviving 27 vases painted by the renowned Euphronios...

 to Italy
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...

, from where it was thought to have been looted in the early 1970s.

Canada

The Haisla
Haisla
The Haisla are an indigenous people living at Kitamaat in the North Coast region of the Canadian province of British Columbia. Their indigenous Haisla language is named after them...

 totem Pole
Totem pole
Totem poles are monumental sculptures carved from large trees, mostly Western Red Cedar, by cultures of the indigenous peoples of the Pacific Northwest Coast of North America...

 of Kitimat, British Columbia
Kitimat, British Columbia
Kitimat is a coastal city in northwestern British Columbia, in the Regional District of Kitimat-Stikine. The Kitimat Valley, which includes the adjacent community of Terrace, is the most populous urban district in Northwest British Columbia...

 was originally prepared for chief hövding G'psgoalux in 1872. This aboriginal artifact was donated to a Swedish museum in 1929. According to the donor, he had purchased the pole from the Haisla people while he lived on the Canadian west coast and served as Swedish consul. After being approached by the Haisla people, the Swedish government decided in 1994 to return the pole, as the exact circumstances around the acquisition were unclear. The pole was returned to Kitimat in 2006 after a building had been constructed in order to preserve the pole.

South Korea

In November 2010, Japan agreed to return some 1,000 cultural objects to South Korea that were plundered during its colonial occupation from 1910-45. The collection includes a collection of royal books called Uigwe
Uigwe
Uigwe is a collection of royal protocols of the Korean Joseon Dynasty which records and prescribes through text and stylized illustration the important ceremonies and rites of the royal family....

 from the Joseon Dynasty
Joseon Dynasty
Joseon , was a Korean state founded by Taejo Yi Seong-gye that lasted for approximately five centuries. It was founded in the aftermath of the overthrow of the Goryeo at what is today the city of Kaesong. Early on, Korea was retitled and the capital was relocated to modern-day Seoul...

 (1392-1910).

See also

  • Byzantine Fresco Chapel, Houston
  • Repatriation and reburial of human remains
    Repatriation and reburial of human remains
    The repatriation and reburial of human remains is a current debate in archaeology. Various indigenous peoples around the world, such as Native Americans and Indigenous Australians have requested that human remains from their respective communities be repatriated for reburial. A famous case is that...

  • Native American Graves Protection and Repatriation Act
    Native American Graves Protection and Repatriation Act
    The Native American Graves Protection and Repatriation Act , Pub. L. 101-601, 25 U.S.C. 3001 et seq., 104 Stat. 3048, is a United States federal law passed on 16 November 1990 requiring federal agencies and institutions that receive federal funding to return Native American "cultural items" to...


External links

Art repatriation
Looted art

Cultural repatriation
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