Cultural Property Crime and the Law Legal Approaches to Protection, Repatriation, and Countering Illicit Trade Transnational Criminal Justice Series

This book explores innovative approaches to using and operating within and around both criminal law and civil law in the detection, investigation, and restitution of illicit cultural property.

The volume brings together a wide range of authors who research and work in combatting cultural property crime. It explores the normative tensions and intersections between civil and criminal law and where they complement each other in the field. It focuses on innovative legal solutions to the unique challenges presented when facing a transnational form of crime that must consider varying structures of law and order, as well as a deep understanding of the heritage in question, both in past and the present cultures. The collection examines what both areas of law contribute to preventing cultural property crime from occurring, holding offenders responsible before the law, and returning objects to their rightful owners and/or places of origin. Combining the perspectives of academics and practitioners, the volume highlights voices from around the globe, using this range of experience to explore new ideas and applications of legal theory and practice to cases involving cultural property crimes.

The book will be of interest to academics and practitioners in cultural property crime in the fields of criminology, law, archaeology, museum studies, political science, economics, and law enforcement.

Table of Contents

0. Introduction

Michelle D. Fabiani

1. The Significance of the Convention on Offences Relating to Cultural Property 2017

Janet Ulph, Sophie Vigneron

2. Tantalising Evidence and a Failed Legal Claim: The Case of the St. Louis Art Museum Mummy Mask

David W.J. Gill

3. From Penal Minimalism to Effective Protection: The Evolution of International and EU Law Related to Cultural Property Crime

Flavio Di Bonito

4. Cultural Heritage Protection and Restitution Beyond the Divide Between Cultural Nationalism and Cultural Internationalism: The Need for a Holistic Approach

Anna Mosna

5. Returning Illegally Trafficked Cultural Objects: Civil Forfeiture at the Intersection of Private and Criminal Law

Patty Gerstenblith

6. Stemming Illegal Trade of Cultural Property – How Can Private Law Contribute?

Christian Armbrüster

7. How Great Thou Art: Combatting the Looting of Sacred Art and Artefacts by Tyrants, Gangsters, Terrorists, and Other Unholy Rogues

Khamal Patterson

8. Documenting Conflict Damage to Cultural Heritage Sites for Criminal Cases and Civil Actions: International Heritage Organisations and the Case of the Mosul Cultural Museum

Brian I. Daniels, Corine Wegener, Adam Y. Chang

9. Fraud Schemes in the Antiquities Market

Maria Gkioni

10. The Crime of the Century? An Exploratory Study into Indicators of Art

Naomi Oosterman, Fernanda Rodriguez Rodriguez

11. Envisioning Justice in Cultural Property Cases

Kate Melody Burmon

12. Cultural Property and Identity: Reconceptualising Restitution as a Form of Transitional Justice

Ruth Whittaker

13. The Making of Restitution by Regional Organisations: A Specific Way of Thinking about Cultural Property

Alice Lopes Fabris, Aliénor Brittman

14. Recovery and Restitution of Plundered Cultural Property in Bosnia and Herzegovina

Saida Hasanagic

15. The Repatriation of Cultural Heritage, the Case of South America

Ana Julia Yanase de Rezende

16. Conclusion

Kate Melody Burmon

Dr. Michelle D. Fabiani is an assistant professor of criminal justice in the Henry C. Lee College of Criminal Justice and Forensic Science at the University of New Haven in the United States.

Dr. Kate Melody Burmon is a research scholar affiliated with the Ronan Institute, located in the United States.

Dr. Saskia Hufnagel is a Professor at the University of Sydney Law School. She is a qualified German legal professional and accredited specialist in criminal law.