On 16 April 2021, a diverse group of experts, including practicing attorneys, law professors and scholars, archaeologists, and other professionals with extensive expertise and experience in cultural heritage law, ICL and IHL submitted comments to the ICC Office of the Prosecutor’s Draft Policy on Cultural Heritage.

In summary, the Comments emphasized the importance of the OTP’s Draft Policy on Cultural Heritage given the lack of global consensus around priorities, practices, and policies for investigating and prosecuting cultural heritage crimes. The Comment addressed the scope of the Draft Policy and called on the OTP to provide concrete examples within its Policy that demonstrate the broad nature of cultural heritage and crimes that may target it, and better illustrate the full scope of the global problem. They supported the OTP taking a comprehensive and expansive view of the terms ‘cultural heritage’ and ‘cultural property’, including natural and intangible heritage, but noted that the Draft Policy’s current definition may unintentionally exclude certain types of cultural heritage.

Regarding the Court’s Regulatory Framework, the Comments urged the OTP to make full use of applicable treaties, the principles and rules of international law, and jurisprudence concerning cultural heritage and property. The Comments provided notes on the OTP’s approach to natural heritage, and sought further guidance on military necessity and proportionality and their relation to cultural value for both selection and prosecution of crimes. The Comments also encourage consideration of wider international law sources on the crime of pillage and its serious consequences, and urged that the OTP look to ways to prosecute pillage through other provisions of the Rome Statute, especially when it may rise to an attack or act of hostility.

The Comments noted that the Draft Policy lacked discussion on the OTP’s position on reparations for crimes against and affecting cultural heritage and property, and asked for clarification on a number of issues that are particularly critical to successful case selection, investigations, and prosecutions, including the mens rea requirement; the OTP’s assessment of the factors determining gravity; and how the court aims to collect, preserve, and maintain the chain of custody for evidence used in trials, as well as ensure the integrity, quality, comprehensiveness, and relevance of the evidence itself.

The Comments were prepared and submitted by the following individuals:

Helena Arose, Project Director, The Antiquities Coalition

Alessandro Chechi, Senior Researcher, University of Geneva

Emma Cunliffe, Secretariat, Blue Shield International

Brian Daniels,Vice President for Cultural Heritage, Archaeological Institute of America

Tess Davis, Executive Director, The Antiquities Coalition

Haydee Dijkstal, Barrister, 33 Bedford Row

Kristin Hausler, Dorset Senior Fellow, Centre Director, British Institute of International and Comparative Law

Yasaman Nabati Mazloumi, Secretariat, Blue Shield International

James Reap, Professor, University of Georgia

Marc-André Renold, Professor and Director of the Art-Law Centre (CDA), University of Geneva

Antiquities Coalition Urges Coordinated Action to Combat the Illicit Trade in Art and Artifacts

Last week, Deborah Lehr, Founder and Chairman of the Antiquities Coalition, joined leaders from government, law enforcement, and civil society in the Group of 20’s (G20) first public program tackling the cultural racketeering crisis. The April 9 webinar, Protection of Cultural Heritage and the Prevention of Illicit Trafficking, opened a series of virtual events that will lead up to a planned in-person convening of Cultural Ministers from all G20 member states later this year. The Antiquities Coalition was honored to be one of the few non-governmental organizations invited to share its expertise on this important topic along with distinguished individuals and institutions from around the world.

As part of its Presidency of the G20, Italy is organizing these programs to develop recommendations for G20 countries about the risks their markets face from transnational crimes via art and artifacts, including smuggling, money laundering, and terrorist financing. The G20, the lead forum for international economic and financial cooperation, brings together the governments and central bank governors from 19 members including the United States and the European Union. Under Italy, it has prioritized combating the illicit trade, as well as other threats facing cultural heritage such as climate change. 

“The G20 is in a unique position to make a difference,” Lehr noted during the April 9 meeting,  because “together its membership accounts for 90% of the worldwide art market.” She stressed that while past efforts to combat cultural racketeering dealt almost exclusively with cultural ministries, only a whole-of-government approach and international cooperation will be effective. She commended the G20, under Italy’s leadership, “for recognizing the need for political will at the top to halt this pillaging of history and the robbing of the economic vitality of countries dependent upon cultural tourism.”

The webinar featured prominent policymakers and leaders of international organizations including Dario Franceschini, Minister of Culture of the Italian Republic; Brigadier General Roberto Riccardi, Commander of the Carabinieri for the Protection of Cultural Heritage; Corrado Catesi, Head of the INTERPOL Works of Art Unit; and Maria Chiara Malaguti, President of UNIDROIT; as well as senior representatives from the World Customs Organization, the International Criminal Court, and UNESCO. Lehr presented alongside top experts from a wide range of countries, including Italy, Australia, Belgium, China, France, Mexico, Saudi Arabia, South Africa, Syria, and Turkey. Of the over 30 speakers in the session, she stood out as being one of the only American participants. 

As G20 considers where it can best target its efforts, Lehr recommended five actions that it should take as an institution or through its members: 

• Better Understand the Problem. The lack of reliable statistics on the size of the illicit trade has hampered governments abilities to take the appropriate actions. Therefore, the G20 could make a major impact by commissioning research to quantify crimes in art and antiquities. This work would also be furthered by encouraging G20 members to be vigilant in tracking and reporting on their own statistics.
• An Awareness Campaign. The G20 could use its platform to help policymakers, the private sector, and the general public better understand the threats from cultural racketeering and why it is important to only buy antiquities with a verified provenance. 
• Strengthening the Legal Framework. The international legal framework for dealing with the illicit trade was developed in the 1970s. It is time to upgrade conventions and create new institutions, while encouraging member countries to review their own laws and regulations. 
• Capacity Building. It is not easy to recognize an ancient amphora from a recent one. Training border patrol and customs officials, as well as designated dedicated investigators and prosecutors, can make a significant difference. The Carabinieri—considered the gold standard—demonstrate what an impact this can make.
• Commit to Continuing Action. A statement in the final communiqué would send a strong message that top global leaders are dedicated to stamping out this crime.

In addition, the Antiquities Coalition proposed hosting an annual summit of the key players, including countries of origin and market countries, law enforcement, the private sector and others. Such an event, held on the margins of the G20, would provide an opportunity for key stakeholders to find ways to work together in support of our shared goal—stopping the robbing of our shared heritage.

The Italian G20 Presidency held two more culture webinars this week, on April 12 and April 13.

To watch Lehr’s remarks, visit here (at the 1:43:20–1:48:20 timestamp).

To watch the full webinar recordings and view the program of events, visit here.

In a project sponsored by the US Embassy in Algiers, the Antiquities Coalition completed a three-day virtual conference in collaboration with the Ministry of Culture and the Arts of the People’s Democratic Republic of Algeria, on digitization and cultural preservation in the Maghreb region. Over three one-hour sessions, this forum convened national officials, librarians, and heritage experts for a discussion of the challenges and opportunities facing Maghrebi countries as they digitize their irreplaceable cultural materials. Participants from Algeria, Libya, Mauritania, Morocco, and Tunisia attended.

One result of the conference was the immediate implementation of a new training program for all interested Arabic speakers. The Antiquities Coalition and its partner, the Egyptian Heritage Rescue Foundation (EHRF), will offer training on the conservation, stabilization, inventory, and digitization of manuscripts. EHRF Director Abdelhamid Salah will lead the free, online webinar. The session will be held on April 10 and is open to experts, librarians, and interested members of the public who are working in the field of cultural heritage preservation in the Maghreb.

Algeria’s Minister of Culture and the Arts, H.E. Malika Bendouda opened the conference by saluting the efforts of the participants from neighboring countries of Tunisia, Morocco, Libya and Mauritania.  “This virtual event is very important in many ways. It brought together experts from across the region to discuss the contemporary subject of digitization of some of the world’s oldest and most revered objects, the cultural patrimony held by Algeria and our neighbors. And with the immediate follow-up training, we are doing something about it through regional cooperation and capacity building.”

The first session, moderated by Adam Sigelman of the U.S. Embassy in Algiers, focused on developing an understanding of how each country approaches digitization of cultural heritage at the national level.

One common challenge faced by all the Maghreb countries, how to protect and digitize privately held rare manuscripts, was at the heart of the second session. This session was open to the public and had viewership from over 100 participants. Through the discussion and a poll of the audience, the top three challenges identified were Technical Skills, Data Management, and Financial Challenges.

The final sessions brought the lessons of the first two sessions together. The expert panel, moderated by Antiquities Coalition Co-Founder and Project Director Peter Herdrich, featured a discussion focused on regional collaboration and capacity building to address challenges common to all countries.

After discussing the importance of regional collaboration and capacity building, Herdrich announced the upcoming virtual training, emphasizing that attendees should feel free to share and invite experts, practitioners, and others who are working on cultural heritage preservation of the Maghreb.

To Watch the Public Session on Digitization of Materials in the Maghreb: https://youtu.be/tgilsTPYOHw

To Sign Up for the Training Session on Manuscript Preservation: https://us02web.zoom.us/webinar/register/WN_LsCI3keBSQirNeXZC9Da9g