Theft of Antiquities—New Concerns

In recent days, protecting antiquities from theft and trafficking has garnered much media attention. In Morocco, for example, a new law has been passed that authorizes “police intervention to protect the national heritage.”^[1] “The law project 19/05 modifies and completes law 22/08 concerning the conservation of historic monuments and sites, inscriptions, objects of art and antiquities.”^[2] However, the new law “only affects movable art objects and antiquities … such as manuscripts” by levying fines and imprisonment; historic monuments remain governed by the old legislation which apparently does not provide such penalties.^[3]

In New Mexico, federal authorities are finding that trafficking in narcotics is becoming linked to trafficking in Indian artifacts, which are protected by the Archaeological Resources Protection Act of 1979.^[4] For example, nearly two years ago, when law-enforcement agents served a search warrant for “a pair of ancient Indian leggings woven from human hair [worth an estimated] $250,000 on the black market,” they also found “about 16 pounds of marijuana, 700 grams of methamphetamines, a loaded SKS semiautomatic rifle and other guns, and a collection of valuable, ancient Navajo pots.”^[5]

And in Europe, a number of high-profile cases are hitting their crescendos. In France, “The Affair of the Hebrew Manuscripts” centers on Michel Garel, a specialist at the National Library in Paris, “who is alleged to have systematically pillaged medieval religious texts to satisfy a demand from America.”^[6] One such manuscript is a 600-year-old French Hebrew version of a number of biblical books, including Lamentations and Ecclesiastes, which was bought for £200,000 at Christie’s.^[7] This prosecution somewhat coincides with the still-ongoing trial of former Getty Museum curator, Marion True, who we have discussed previously. Prosecutors across the globe are concerned “that the illicit art industry funds terrorism,” a claim which the former head of the investigation into the theft from Iraq’s National Museum, Matthew Bogdanos, says is “undeniable.”^[8]

As we have mentioned before, Greece is demanding the return of four pieces from the Getty, and it seems that Turkey is waiting in the wings, “preparing to launch an initiative for the return of looted antiquities.”^[9]

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[1] Archaeology: New Law to Protect Antiquities Against Illicit Dealers, Morocco Times, Jan. 21, 2006.
[2] Id.
[3] Id.
[4] 16 U.S.C. §§ 470aa et seq.
[5] Staci Matlock, Antiquities Act: Task of Recovering Stolen Artifacts, an Increasingly Dangerous Duty, The New Mexican, Jan. 22, 2006.
[6] Felix Lowe, et al., Europe Bids to Halt Tide of Art Smuggled to America, The Guardian, Jan. 22, 2006.
[7] Id.
[8] Id.
[9] Id.