CENTER FOR ETHICS AND THE RULE OF LAW​

The Preservation of Art and Culture in Times of War

April 4 -
 6, 2017

The Conference

In March 2001, six months before the attacks of 9/11, the Taliban provoked international outrage when it destroyed two Ancient statues of the Buddha carved into a hillside in the Bamiyan valley in Afghanistan. Mullah Mohammed Omar, the Taliban’s leader at time, considered the statues idolatrous, and the effort to destroy them was part of a broader effort to purge the nation of pre-Islamic cultural sites and artifacts. This episode provides a vivid illustration of the degree to which cultural property has become a target in modern warfare. Achieving a better understanding of the damage inflicted by such attacks and strengthening efforts to prevent them will be the aim of our present conference.

Beyond demoralizing the enemy in war, the obliteration and looting of sacred buildings, works of art, and religious articles has the additional purpose of effacing a people’s connection to a particular locale, possibly paving the way for the permanent displacement of that population. Thus, the destruction of cultural property is more than a material and aesthetic loss, but a component of ethnic cleansing and genocide. Seeing the problem in this light adds greater urgency to the effort to stop such tragic acts.

This two-day conference will attempt to solidify the moral and legal basis for preserving art and culture against destruction, and the extent of the duty to do so. Should we risk lives to protect art and culture? Or should we intervene in the destruction of culture only when it is incident to our other military aims? The conference will also examine how art is used to fund terrorism and what methods and means can be introduced to eliminate the black market in looted art. What responsibility does an occupying force have to prevent its own forces from taking “souvenirs,” and what responsibility does it have to protect those same artifacts from looting or destruction by the occupied nation’s own citizens or from neglect by bureaucratic incompetency or indifference? Finally, the conference will discuss efforts to bring perpetrators to justice and create an international legal framework for preventing such incidents in the future.

Schedule

TUESDAY, APRIL 4


3:30pm – Conference Registration and Exhibit Tours Cultures in the Crossfire: Stories from Syria and Iraq Begin


5:00pm – 5:10pm Welcome Remarks – Dean Theodore Ruger, Professor Claire Finkelstein and Dr. Julian Siggers


5:10pm – 6:30pm


Keynote Panel – Open to the Public, Registration Strongly Recommended

New Frontiers in the Protection of Cultural Heritage

Much has changed since the pioneering fight of the “monuments men” to preserve cultural property from the Nazi onslaught.  While the World War II campaign focused on discrete artifacts such as paintings or sculptures, recent preservation efforts have viewed entire sites as cultural property, whether for historical, religious or archaeological reasons. Subsequent legal conventions (The Hague 1954; UNESCO 1970; UNIDROIT 1995), have given the effort to preserve cultural property new tools and new vigor. At the same time, attacks on cultural property—led by non-state actors and motivated by religious intolerance, national chauvinism or greed—have become fiercer, with some insurgent groups attempting to obliterate places of national importance in an effort to re-write cultural history. Taking into account the perspectives of art, archaeology, history, law and the military, how must preservation efforts change in response to armed conflict in the twenty-first century?

Dr. Richard Leventhal, Director of the Penn Museum’s Penn Center for Cultural Heritage, moderates a wide-ranging discussion with panelists: Irina Bokova, Director-General, UNESCO; Karima Bennoune, Professor of International Law, University of California-Davis School of Law and United Nations Special Rapporteur in the field of cultural rights; Derek Gillman, Distinguished Teaching Professor, Westphal College of Media Arts & Design, Drexel University, and Former Executive Director and President, Barnes Foundation; Richard Goldstone, a retired Justice of the Constitutional Court of South Africa, and first prosecutor of the UN International Criminal Tribunals for the former Yugoslavia and Rwanda; and Shamila Batohi, Senior Legal Advisor to the Prosecutor at the International Criminal Court.

This program has been approved for 1.5 CLE ethics credits for Pennsylvania lawyers. CLE credit may be available in other jurisdictions as well. Attendees seeking CLE credit should bring separate payment in the amount of $60.00 ($30.00 public interest/non-profit attorneys) cash or check made payable to The Trustees of the University of Pennsylvania.


6:30pm – 7:30pm Cocktail Reception, Open to Registered Guests


7:30pm Dinner, Participants on their own


WEDNESDAY, APRIL 5

Conference Open to Invited Participants


8:30am – 9:15am Breakfast


9:15am – 9:30am Welcome Remarks – Dr. Julian Siggers


9:30am – 10:45am


Session 1: 
The Value of Cultural Heritage

Moderator: Professor and CERL Director, Claire Finkelstein

The uses and meanings of cultural artifacts and sites are many and varied. Depending on one’s frame of reference, they may be sacred, and hence of religious significance, works of art, and hence of aesthetic significance, or merely utilitarian and of no normative value whatsoever.  What makes an object a cultural artifact? What endows a site with cultural and religious significance? Viewed by members of a particular national or ethnic group, an object’s uses and meanings will look different than they do to the outsider. A sacred likeness of the deity to one person is to another a document of historical record, and to a third a museum treasure. How is the meaning and cultural value of an object affected by removing it from its original context? Is cultural heritage only that material and those sites recognized by the state and the international community? How does the destruction or removal of cultural property affect a nation or ethnic group?


10:45am – 11:15am Break


11:15am – 12:30pm

Session 2: Intelligence and the Documentation of Cultural Destruction

Moderator: Dr. Ian Ralby

In order to prevent and repair the destruction of cultural heritage, it is necessary for the international community to acquire reliable intelligence regarding the nature and extent of the damage taking place. This poses a severe challenge, especially during active hostilities, when intelligence gathering is focused on military operations safeguarding life. In the Former Yugoslavia, ICTY was able to assemble contemporaneous ground-level documentation of cultural heritage destruction, which facilitated the prosecution of perpetrators of such crimes. In the case of ISIS, by contrast, the majority of evidence for the destruction of cultural heritage is provided by ISIS itself, whether in the form of disseminated videos or self-reported sources of funding. Do considerations of sovereignty bar the collection of aerial surveillance data if the host country does not agree to outsider monitoring? Does gathering information regarding cultural heritage destruction constitute espionage? Do host countries in which cultural heritage destruction is taking place have an obligation to provide data to the international community regarding destruction within its borders?


12:30pm – 2:00pm. Lunch – Keynote – C. Brian Rose “The Role of Soldiers and Refugees in Cultural Heritage Protection”


2:00pm – 3:15pm


Session 3:
 Law of War Responsibilities to Protect Cultural Property

Moderator: Professor Patty Gerstenblith

If the state does have a duty to preserve cultural heritage, what should the role of the military be in carrying out that obligation? How should we weigh the duty to protect cultural heritage against the other duties the military may have, such as the duty to protect human life? For example, should the need to protect heritage sites prevent the military from taking forceful action, even when such action might result in a quick end to hostilities and a reduction of civilian casualties? How are troops to be trained to recognize cultural artifacts and instructed in the steps needed to preserve them? Given the scarcity of resources and the dangers of operating in war zones, what resources should be devoted to these efforts and how should such missions be prioritized relative to other military aims?


3:15pm – 3:45pm Break


3:45pm – 5:00pm

Session 4:  Repatriation of and Compensation for Stolen Art and Artifacts

Moderator: Mr. Lawrence Kaye

Artifacts with a dubious past are sometimes purchased or obtained in good faith, before their troubled history is uncovered. What post-war ethical and legal obligations emerge with respect to the repatriation of such stolen art and artifacts? If such artifacts are repatriated, to whom should they go? After generations have passed since their theft, to whom do these artifacts rightfully and legally belong? Legal action taken in the aftermath of Nazi looting has set precedents for repatriation and compensation, allowing many items to be returned to their home countries or to the families that owned them. What lessons can we take away from these legal actions, and how might past experience be applied to the current situation in the Middle East?


5:00pm – 6:00pm Cocktail Reception- Invited Participants Only


6:00pm – 8:00pm Dinner by the Sphinx – Invited Participants Only


THURSDAY, APRIL 6

Conference Open to Invited Participants


9:30am – 10:15am Breakfast


10:15am – 11:30am

Session 5: Destruction, Looting, and Accountability

Moderator: Mr. Thomas R. Kline

The development of the Hague Conventions and their subsequent applications in World War II and the Former Yugoslav war have established a foundation for prosecutions of the destruction of cultural heritage. Yet these legal conventions apply to state-sponsored operatives. How does the non- state actor fit into this framework? What ethical issues arise when perpetrators claim that their destructive acts were compelled by religious belief rather than vengeance or hatred for an enemy? Additionally, actors in an armed conflict may inflict damage on a heritage site because it contains valuable artifacts that can be stolen and sold. Recently, non-state terrorist organizations such as Al Qaeda and ISIS have joined this nefarious trade, selling objects from one locale to finance bombings or shootings in another.  What is the likely deterrent efficacy of prosecuting non-state actors who steal or destroy cultural heritage?


11:30am – 12:00pm Break


12:00pm – 1:15pm

Session 6: Domestic and International Legal Reforms

Moderator: Dr. Robert Bewley

Much has changed since the 1954 Hague convention on cultural property in armed conflict and the 1970 UNESCO and 1995 UNIDROIT conventions on illicit trafficking of cultural artifacts. This session will look at the latest developments, both in the creation and application of laws regarding global cultural treasures. Based on what we have learned about the involvement of non-state actors, new military technologies, and the financing schemes of terrorist organizations in relation to cultural heritage, the session will attempt to lay out a legal framework for the protection of objects and sites of cultural significance. How might the rule of law be fortified, both in the United States and internationally, to respond to new threats to the world’s cultural heritage?


1:15pm – 2:45pm Lunch


2:45pm – 4:00pm


Session 7:
 Collaborative Efforts to Protect Cultural Heritage: Where do we go from here?

Moderator: Dr. Peter Gould

Recently, universities and museums have come together in the face of the Syrian civil war to assist in the efforts of their Syrian counterparts to protect cultural heritage from the ravages of conflict. How do they transform the mission of a museum? What is the role of the international academic community, museums, and researchers for the preservation of culturally sacred sites, museums, and objects within conflict regions? What can we do to stop the theft and sale of cultural property? How can we prevent harm to looted cultural artifacts while also preventing terror organizations from profiting from them? How can the law contribute toward cultural protection?


Keynote Registration

The April 4th keynote event, which is open to the public, will consist of a panel presentation and discussion.  The remainder of the conference, which will take place on April 5 & 6, is open to invited participants only.  

REGISTER HERE FOR THE KEYNOTE EVENT

Dr. Richard Leventhal, Director of the Penn Museum’s Penn Center for Cultural Heritage, moderates a wide-ranging discussion with panelists: Karima Bennoune, Professor of International Law, University of California-Davis School of Law and United Nations Special Rapporteur in the field of cultural rights; Derek Gillman, Distinguished Teaching Professor, Westphal College of Media Arts & Design, Drexel University, and Former Executive Director and President, Barnes Foundation; Hon. Richard Goldstone, Retired Justice, Constitutional Court of South Africa; Irina Bokova, Director-General, UNESCO; and Shamila Batohi, Senior Legal Advisor to the Prosecutor at the International Criminal Court.

Recent legal conventions have given the effort to preserve cultural property new tools and new vigor. At the same time, attacks on cultural property—led by non-state actors and motivated by religious intolerance, national chauvinism, or greed—have become fiercer, with some insurgent groups attempting to obliterate places of national importance in an effort to re-write cultural history. Taking into account the perspectives of art, archaeology, history, law, and the military, how must preservation efforts change in response to armed conflict in the 21st century?

A cocktail reception and opportunity to preview the new exhibition Cultures in the Crossfire: Stories from Syria and Iraq follows the panel discussion (limited timed tickets available with advance reservations exhibition viewing begins at 3:30pm and continues after the program). Presented by the Center for Ethics and the Rule of Law at the University of Pennsylvania Law School and the Museum’s Penn Cultural Heritage Center.

$20 GENERAL ADMISSION INCLUDES A COCKTAIL RECEPTION AND OPPORTUNITY TO PREVIEW THE NEW EXHIBITION; FREE FOR PENNCARD HOLDERS. ADVANCE RESERVATIONS STRONGLY ENCOURAGED.

This program has been approved for 1.5 CLE ethics credits for Pennsylvania lawyers. CLE credit may be available in other jurisdictions as well. Attendees seeking CLE credit should bring separate payment in the amount of $60.00 ($30.00 public interest/non-profit attorneys) cash or check made payable to The Trustees of the University of Pennsylvania.

Participants

Ms. Salam Al Kuntar

Penn Museum Post-Doctoral Fellow

Ms. Leila Amineddoleh

Founding Partner, Amineddoleh & Associates LLC, specializing in art, cultural heritage, and intellectual property law

Special Agent Jacob Archer

FBI Art Crime Team

Special Agent Donald Asper

FBI Art Crime Team

Ms. Shamila Batohi

Director of Public Prosecutions, KwaZulu Natal High Court

Dr. Karima Bennoune

University of California–Davis School of Law, Professor of International Law; U.N. Special Rapporteur, Cultural Rights

Judge Harold Berger

Senior Partner, Berger & Montague P.C.; CERL Executive Board

Dr. Johanna Best

Program Manager for Scholarly and Public Engagement, Provenance Research Initiative, Smithsonian Institution

Dr. Robert Bewley

School of Archaeology, University of Oxford

Ambassador Irina Bokova

Director-General, UNESCO

Dr. Anne-Marie Carstens

Visiting Professor of Law, Georgetown Law

Mr. William Craven

Federal Systems Inc.; CERL Executive Board

Dr. Brian Daniels

University of Pennsylvania, Department of Anthropology; Curator in the American Section of the Penn Museum

Professor Diane Edelman

Director of International Programs, Villanova University

Ms. Arlene Fickler

Schnader Attorneys at Law; CERL Executive Board

Professor Claire Finkelstein

CERL Founder & Director, University of Pennsylvania Law School

Ms. Chiara Gastaldi

Board Member, The Italian Cultural Society

Professor Patty Gerstenblith

Director of the Center for Art, Museum & Cultural Heritage Law, DePaul University

Professor Derek Gillman

Westphal College of Media Arts & Design, Drexel University

The Honorable Richard Goldstone

retired Justice of the Constitutional Court of South Africa and first prosecutor of the UN International Criminal Tribunals for the former Yugoslavia and Rwanda

Dr. Peter Gould

Consulting Scholar, Penn Museum 

Professor Kevin Govern

Ave Maria School of Law; CERL Executive Board

Ms. Ann Guinan

Consulting Scholar, Penn Museum

Mr. Paul Haaga

Executive Vice-President, National Public Radio; CERL Executive Board Chair

Professor Bernard Haykel

Professor of Near Eastern Studies. Director, Institute for Transregional Study of the Contemporary Middle East, North Africa and Central Asia

Professor Peter Jaszi

American University Washington College of Law

Professor Stanley Katz

Director, Center for Arts and Cultural Policy Studies, Princeton University

Mr. Lawrence M. Kaye

Co-Chair, Art Law Group, Herrick Feinstein LLP

Mr. Thomas R. Kline

Partner, Cultural Heritage Partners

Ms. Deborah M. Lehr

Chairman of the Antiquities Commission

Professor Richard Leventhal

Executive Director of the Penn Cultural Heritage Center

Lt. Col. Thomas Livoti

U.S. Marine Corps

Professor Duncan MacIntosh

Department Chair, Philosophy, Dalhousie University; CERL Executive Board

Ms. Bonnie Magness-Gardiner

Program Director, FBI Art Crime Division

Colonel (ret.) Michael Meier

Special Assistant to the Judge Advocate General for Law of War Matters, U.S. Army

Ms. Jane Milosch

Director, Provenance Research Initiative, Smithsonian Institution

Professor Christopher Morris

Professor & Chair of Philosophy, University of Maryland; CERL Executive Board

Ms. K.T. Newton

Assistant United States Attorney

Professor Kathy Peiss

Department of History, University of Pennsylvania

Dr. Ian Ralby

CEO, I.R. Consilium LLC

Dr. Victoria S. Reed

Curator for Provenance at the Museum of Fine Arts, Boston (MFA)

Dr. Danielle Rice

Program Director of the Museum Leadership MS program at Drexel’s Westphal College of Media Arts & Design.

Dr. Brian C. Rose

James B. Pritchard Professor of Archaeology, Department of Classical Studies, Curator -in-Charge of the Mediterranean Section, University of Pennsylvania Museum Faculty Coordinator, Kolb Society of Fellows

Mr. Frederik Rosen

NATO, Science for Peace and Security Project

Dr. David Sadoff

CERL Executive Director

Dr. Julian Siggers

Williams Director, Penn Museum

Dr. Jessica Todd Smith

Chief Curator of American Art and Manager of the Center for American Art

Dr. Elizabeth Varner

Staff Curator, Interior Museum Program at the U.S. Department of the Interior; Adjunct Professor, Indiana University Robert H. McKinney School of Law

Dr. Stephen Xenakis

Brigadier General (ret), U.S. Army; CERL Executive Board

Mr. Jules Zacher

Attorney at Law; CERL Executive Board

Background Readings

SESSION 1: THE VALUE OF CULTURAL HERITAGE

Bokova, Irina. “Culture in the Cross Hairs.” New York Times (Dec. 2, 2012).

Bokova, Irina. “Culture on the Front Line of New Wars.” Brown Journal of World Affairs 22, no. 1 (2015): 289-296.

Brown, Michael F. “Heritage trouble: recent work on the protection of intangible cultural property.” International Journal of Cultural Property 12, no. 1 (2005): 40-61.

Frigo, M. “Cultural Property v. Cultural Heritage: A ‘Battle of Concepts’ in International Law.” International Review of the Red Cross 86, no. 854 (2004): 367-78.

Singh, K. “Universal Museums: The View from Below.” Witness to History: A Compendium of Documents and Writings on the Return of Cultural Objects (2009): 123-129.

Smith, Laurajane. “Heritage as a Cultural Process.” In: L. Smith (ed.) Uses of heritage. London: Routledge (2006): 44-84.

SESSION 2: INTELLIGENCE AND THE DOCUMENTATION OF CULTURAL DESTRUCTION

Al Quntar, Salam, and Brian I. Daniels. “Responses to the Destruction of Syrian Cultural Heritage: A Critical Review of Current Efforts.” International Journal of Islamic Architecture 5, no. 2 (2016): 381-397.

American Association of the Advancement of Sciences. Conflict in Aleppo, Syria: A Retrospective Analysis. (2013).

Campana, Stefano, Roberto Scopigno, Gabriella Carpentiero and Marianna Cirillo, eds. Proceedings of the 43rd Annual Conference on Computer Applications and Quantitative Methods in Archaeology. (2016).

Casana, J., & M. Panahipour. “Satellite-Based Monitoring of Looting and Damage to Archaeological Sites in Syria.” Journal of Eastern Mediterranean Archaeology & Heritage Studies 2, no. 2 (2014): 128-151.

Cunliffe, Emma. “Damage to the Soul: Syria’s Cultural Heritage in Conflict.” Global Heritage Fund (2012).

Eakin, Hugh. “Ancient Syrian Sites: A Different Story of Destruction.” The New York Review of Books (2016).

Gerstenblith, Patty. “The Obligations Contained in International Treaties of Armed Forces to Protect Cultural Heritage in Times of Armed Conflict.” In L. Rush, ed., Archaeology, Cultural Property, and the Military, 4-14. Boydell Press, 2010.

Gerstenblith, Patty. “The Destruction of Cultural Heritage: A Crime Against Property or a Crime Against People?” The John Marshall Review of Intellectual Property Law 15 (2016): 336-393.

Hardy, Samuel Andrew. “Using open-source data to identify participation in the illicit antiquities trade: A case study on the Cypriot Civil War.” European Journal on Criminal Policy and Research 20, no. 4 (2014): 459-474.

Malko, Helen. “Preserving the Past: The Mapping Mesopotamian Monuments Project.” The ASOR Blog (Jan. 5, 2016).

SESSION 3: LAW OF WAR RESPONSIBILITIES TO PROTECT CULTURAL PROPERTY

Al Quntar, S. “Syrian Cultural Property in the Crossfire: Reality and Effectiveness of Protection Efforts.” Journal of Eastern Mediterranean Archaeology & Heritage Studies 1, no. 4 (2013): 348-351.

Ali, C. “Syrian Heritage under Threat.” Journal of Eastern Mediterranean Archaeology & Heritage Studies 1, no. 4 (2013): 351-366.

Department of Defense, Cultural Property Protection – Theory.

Hladík, Jan. “The 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict: Some Observations on the Implementation at the National Level.” MUSEUM International 228 (2005): 1-7.

Marlowe, Ann. “A Heritage in Ruins.” New York Times (June 2, 2011).

Pollock, Susan. “Archaeology and Contemporary Warfare.” Annual Review of Anthropology 45 (2016): 215-231

Rush, Laurie. “Working with the military to protect archaeological sites and other forms of cultural property.” World Archaeology 44, no. 3 (2012): 359-377.

Sandholtz, Wayne. “The Iraqi National Museum and International Law: A Duty to Protect.” Columbia Journal of Transnational Law 44 (2005): 185-240.

The 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict. Available at: http://portal.unesco.org/en/ev.php-URL_ID=13637&URL_DO=DO_TOPIC&URL_SECTION=201.html

Thurlow, M. “Protecting Cultural property in Iraq: How American Military Policy Comports with International Law.” Yale Human Rights and Development Journal 8, no. 1 (2014).

Van Der Auwera, Sigrid. “Peace Operations and the Protection of Cultural Property During and After Armed Conflict.” International Peacekeeping 17, no. 1 (2010): 3-16.

SESSION 4: REPATRIATION OF AND COMPENSATION FOR STOLEN ART AND ARTIFACTS

Gerstenblith, Patty. “Controlling the International Market in Antiquities: Reducing the Harm, Preserving the Past.” Chicago Journal of International Law 8 (Summer 2007): 169-195.

Gerstenblith, Patty. “For Better and For Worse: Evolving United States Policy on Cultural Property Litigation and Restitution.” International Journal of Cultural Property 22 (2015): 357-378.

Huang, Edythe E. “Looting in Iraq, Five Years Later: An Evaluation of the International Protection, Recovery, and Repatriation of Looted Cultural Artifacts.” Rutgers Race and Law Review 10, no. 1 (2008): 183-223.

Kline, Thomas R. “Restitution Roulette: A Comparison of U.S. And European Approaches to Nazi-Era Art Looting Claims.” IFAR Journal 16, no. 3 (2015): 56-64.

Kline, Thomas R. “Will Third Visit to Ninth Circuit Be Déjà Vu All Over Again for Norton Simon Museum?” IFAR Journal 17, nos. 2 and 3 (2016): 16-21.

Sherry, James E. “U.S. Legal Mechanisms for the Repatriation of Cultural Property.” The George Washington International Law Review 37, no. 2 (2005): 511-535.

Swanson, Stephanie. “Repatriating Cultural Property: The Dispute Between Yale and Peru Over the Treasures of Machu Picchu.” San Diego International Law Journal 10 (2009): 469–94.

Thompson, Erin L. “Cultural Losses and Cultural Gains: Ethical Dilemmas in WWII-Looted Art Repatriation Claims Against Public Institutions.” Hastings Comm. & Ent. L.J. 33 (2010): 407-442.

Wylie, Alison. “Ethical Dilemmas in Archaeological Practice: Looting, Repatriation, Stewardship, and the (Trans)formation of Disciplinary Identity.” Perspectives on Science 4, no. 2 (1996): 154-194.

Zamora, Cristina Bubba. “Collectors versus native peoples: the repatriation of the Sacred Weavings of Coroma, Bolivia.” Museum Anthropology 20, no. 3 (1996): 39-44.

SECTION 5: DESTRUCTION, LOOTING, AND ACCOUNTABILITY

“The Slow Acceptance That Destroying Cultural Heritage Is a War Crime.” The Economist (Sept. 29, 2016).

Abtahi, Hirad. “The Protection of Cultural Property in Times of Armed Conflict: The Practice of the International Criminal Tribunal for the Former Yugoslavia.” Harvard Human Rights Journal 14 (2001): 1-32.

Al-Azm, Amr. “The Pillaging of Syria’s Cultural Heritage.” Middle East Institute (May 22, 2015).

Amineddoleh, Leila. “Protecting Cultural Heritage by Strictly Scrutinizing Museum Acquisitions.” Fordham Intell. Prop. Media & Ent. L.J. 24 (2014): 729-781.

Brodie, Neil, and Colin Renfrew. “Looting and the world’s archaeological heritage: the inadequate response.” Annu. Rev. Anthropol. 34 (2005): 343-361.

Daniels, Brian I. “Is the destruction of cultural property a war crime?” Apollo Magazine (Nov. 28, 2016).

Daniels, Brian I. and Katharyn Hanson. “Archaeological Site Looting in Syria and Iraq: A Review of the Evidence.”

Hardy, Samuel A. “The conflict antiquities trade: A historical overview.” Countering the illicit traffic in cultural goods: The global challenge of protecting the world’s heritage (2015): 21-31.

Holtorf, Cornelius. “Can less be more? Heritage in the age of terrorism.” Public Archaeology 5, no. 2 (2006): 101-109.

Latour, Bruno. “What is iconoclash?” Images: A Reader. London: SAGE (2006): 309-314.

Lostal, M. “Syria’s World Cultural Heritage and Individual Criminal Responsibility.” International Review of Law (2015): 3.

Mackenzie, Simon, and Penny Green. “Performative Regulation: A Case Study in How Powerful People Avoid Criminal Labels.” British Journal of Criminology 48, no. 2 (2008): 138-153.

Mackenzie, Simon and Tess Davis. “Temple Looting in Cambodia Anatomy of a Statue Trafficking Network.” British Journal of Criminology 54 (2014): 722-740.

Ralby, Ian M. “Prosecuting Cultural Property Crimes in Iraq.” Georgetown Journal of International Law 37, no. 1 (2005): 165-192.

SECTION 6: DOMESTIC AND INTERNATIONAL LEGAL REFORM

Borgstede, Greg. “Cultural Property, the Palermo Convention, and Transnational Organized Crime.” International Journal of Cultural Property 21, no. 3 (2014): 281-290.

Frulli, M. “The Criminalization of Offences against Cultural Heritage in Times of Armed Conflict: The Quest for Consistency.” European Journal of International Law 22, no. 1 (2011): 203-217.

Gerstenblith, Patty. “From Bamiyan to Baghdad: Warfare and the Preservation of Cultural Heritage at the Beginning of the 21st Century.” Georgetown Journal of International Law 37 (2006): 245-351.

Gerstenblith, Patty. “Implementation of the 1970 UNESCO Convention by the United States and Other Market Nations.” Chapter in a forthcoming publication: Jane Anderson and Haidy Geismer, eds. The Routledge Companion to Cultural Property. Routledge Press, 2017.

Gerstenblith, Patty. “The Legal Framework for the Prosecution of Crimes Involving Archaeological Objects.” Cultural Property Law 64, no. 2 (March 2016): 5-16.

Gerstenblith, Patty. “The Law as Mediator Between Archaeology and Collecting.” Internet Archaeology (2013).

Kenney, Cortelyou C. 2011. “Reframing Indigenous Cultural Artifacts Disputes: An Intellectual Property-Based Approach.” Cardozo Arts & Entertainment Law Journal 28 (2011): 501–52.

Mackenzie, Simon, and Penny Green. “Criminalising the market in illicit antiquities: An evaluation of the Dealing in Cultural Objects (Offences) Act 2003.” (2007).

Muhesen, C. E., & N. Lostal. “The Destruction of Cultural Property in the Syrian Conflict: Legal Implications and Obligations.” International Journal of Cultural Property 23, no. 1 (2015): 1-31.

SECTION 7: COLLABORATIVE EFFORTS TO PROTECT CULTURAL HERITAGE: WHERE DO WE GO FROM HERE?

Bernbeck, Reinhard. “War-time academic professionalism.” Public Archaeology 3, no. 2 (2003): 112-116.

Brodie, Neil. “The Market in Iraqi Antiquities 1980–2009 and Academic Involvement in the Marketing Process.” In Manacorda, S., and D. Chappell, eds., Crime in the Art and Antiquities World, 117-133. Springer, 2011.

Cuno, James. “The Responsibility to Protect the World’s Cultural Heritage.” Brown Journal of World Affairs 23, no. 1 (Fall/Winter 2016): 97-109.

Daniels, Brian I. and Corine Wegener. “Heritage at Risk: Safeguarding Museums During Conflict.” Museum 95, no. 4 (July-Aug. 2016): 26-31.

Hamilakis, Y. “The ‘War on Terror’ and the Military–Archaeology Complex: Iraq, Ethics, and Neo-Colonialism.” Archaeologies Arch 5, no. 1 (2009): 39-65

Leventhal, Richard L., and Brian I. Daniels. “‘Orphaned Objects,’ Ethical Standards, and the Acquisition of Antiquities.” DePaul Journal of Art, Technology, and Intellectual Property Law 23, no. 2 (Spring 2013): 339-361.

Meskell, Lynn. “Human rights and heritage ethics.” Anthropological Quarterly 83, no. 4 (2010): 839-859.

Reed, Victoria. “Due Diligence, Provenance Research, and the Acquisition Process at the Museum of Fine Arts, Boston.” DePaul Journal of Art, Technology & Intellectual Property Law 23, no. 2 (Spring 2013): 363-373.

Required Readings

SESSION 1: THE VALUE OF CULTURAL HERITAGE

Blanche, Ed. “Hammering History.” The Middle East (April 2014): 26-29.

Bennoune, Karima. UN General Assembly Cultural Heritage Report from 9 Aug. 2016.

Gillman, Derek. “Cosmopolitanism and particularism through the lens of basic values.” CERL Conference (2017).

SESSION 2: INTELLIGENCE AND THE DOCUMENTATION OF CULTURAL DESTRUCTION

Forcese, Craig. “Spies Without Borders: International Law and Intelligence Collection.” Journal of National Security Law and Policy 5, no. 1 (June 2011): 179-210.

Bewley, Robert. “Endangered Archaeology in the Middle East and North Africa.” CERL Conference (2017).

Leoni, Elena. “Geospatial Accuracy Matters! A preliminary study about the impact on Cultural Property in Afghanistan.” CERL Conference (2017).

Wolfinbarger, Susan R. “Satellite Imaging of Cultural Sites in Conflict: A Cautionary Note.” Professional Ethics Report 28, no. 1 (Winter 2015): 3-4.

SESSION 3: LAW OF WAR RESPONSIBILITIES TO PROTECT CULTURAL PROPERTY

Gerstenblith, Patty. “Beyond the 1954 Hague Convention.” In R. Albro and B. Ivey, eds., Cultural Awareness in the Military: Developments for Future Humanitarian Cooperation, 83-99. Macmillan, 2014.

Rosén, Frederik. Paper for UNESCO expert group meeting on Cultural Heritage Destruction and R2P in Paris, 26-27 Nov. 2015.

Rush, Laurie. “The Importance of Training Cultural Property Protection: An Example from the U.S. Army.” CERL Conference (2017).

SESSION 4: REPATRIATION OF AND COMPENSATION FOR STOLEN ART AND ARTIFACTS

Milosch, Jane. “PREPing Our Way Forward: World War II-era Provenance Research in Service of Preservation of Cultural Heritage.” CERL Conference. (2017).

Reed, Victoria. “Frans Hals, Hitler, and the Lilienfeld Collection: A Case Study of Expropriation in Austria.” CERL Conference (2017).

Kline, Thomas R. “Cultural Heritage Partners, PLLC, Brief of Amici Curiae in Support of Plaintiff, Saher v. Norton Simon Museum of Art,et al., 9th Cir. Court of App., Mar. 27, 2017

Kersel, Morag M. “Acquisition Apologetics: A Case for Saving the Past for the Future?” Brown Journal of World Affairs 23, no. 1 (Fall/Winter 2016): pp. 109-126.

Cuno, James. “Culture War: The Case Against Repatriating Museum Artifacts.” Foreign Affairs 93, no. 6 (Nov./Dec. 2014): pp. 119-124.

SESSION 5: DESTRUCTION, LOOTING, AND ACCOUNTABILITY

Goldstone, Richard A. “The War Crime of Destroying Cultural Property.” International Judicial Monitor (Summer 2016).

Carstens, Anne-Marie. “The Relative Gravity of Cultural Heritage Destruction as a War Crime.” CERL Conference (2017).

Govern, Kevin. “Licit War Trophies as a Means of Preserving Art and Culture in Times of War.” CERL Conference (2017).

SESSION 6: DOMESTIC AND INTERNATIONAL LEGAL REFORM

Gerstenblith, Patty. “Improving the Law of Armed Conflict for the Protection of Cultural Heritage.” CERL Conference (2017).

MacIntosh, Duncan. “Culture Weaponized: A Contrarian Theory of the Sometime Appropriateness of the Destruction, Theft and Trade of Art and Cultural Artifacts in Armed Conflict.” CERL Conference (2017).

Varner, Elizabeth. “U.S. Obligations Underlying the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict, Protocol II.” CERL Conference. (2017).

SESSION 7: COLLABORATIVE EFFORTS TO PROTECT CULTURAL HERITAGE: WHERE DO WE GO FROM HERE?

Al Quntar, Salam, Katharyn Hanson, Brian I. Daniels, and Corine Wegener. “Responding to a Cultural Heritage Crisis: The Example of the Safeguarding the Heritage of Syria and Iraq Project.” Near Eastern Archaeology 78, no. 3 (Sept. 2015): 154-160.

Bokova, Irina. “Fighting Cultural Cleansing: Harnessing the Law to Preserve Cultural Heritage.” Harvard International Review 36, no. 4 (Summer 2015): 40-45.

Lehr, Deborah. “The Significance of International Coordination in the Fight Against Cultural Racketeering: The Launch of the Cairo Conference.” CERL Conference (2017).

Rosén, Frederik. NATO-led Military Operations and Cultural Property Protection.

Contact us

For any questions regarding the conference or registration, please contact: Jennifer Cohen at [email protected]

Share The Preservation of Art and Culture in Times of War on:

LinkedIn
Twitter
Facebook
Reddit
Email
Print
The Preservation of Art and Culture in Times of War