The Blood Antiquities Convention as a Paradigm for Cultural Property Crime Reduction

The Blood Antiquities Convention as a Paradigm for Cultural Property Crime Reduction

Journal article

40 pages

0736-7694

In 2017, the Council of Europe opened for signature the first ever international treaty aimed at policing cultural property. As more attention has been paid to the damage done by the theft, looting, and illicit trafficking of cultural objects, the Council of Europe has met this challenge with an ambitious convention, which aims to fill gaps in the current criminal laws. These gaps have too often been exploited by individuals in the illicit antiquities trade. The author had an opportunity to present his analysis of a draft version of the Council of Europe’s Convention at a meeting held in Lucca, Italy in 2017. The meeting of that group of experts revealed a document that had the benefit of grand ambitions and tough talk on the policing of illicit antiquities. Yet, pessimism was expressed by many experts that the convention would accomplish the goals which it set out to achieve. The essay that follows is an expansion of the remarks given at that meeting. It argues that the cultural property trade badly needs to be properly regulated. This includes not simply seizure and forfeiture of objects, but also the prosecution of persistent bad actors. The Nicosia Convention opens up new possibilities for prosecution at all levels of the illicit trade. Although the convention is the first of its kind, it has been met with surprisingly little attention in the cultural heritage law academy. This essay introduces the main reforms offered by the convention and argues that it points the way forward for future policing of the illicit trade in cultural property.

Published in : Cardozo Arts & Entertainment Law, vol. 37, no. 2

[New York City, New York] : Yeshiva University Benjamin N. Cardozo School of Law, 2019.

Anglais