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Lloyd Sealy Library
John Jay College of Criminal Justice

Antiquities Trafficking, Art Crime, Looting and Cultural Heritage Destruction: Home

A guide to resources on criminal activities related to archaeological sites and antiquities including looting, trafficking, and destruction of cultural heritage by Ellen Belcher

Finding resources

For definitions try searching Gale Virtual Reference Library or any of our other Encyclopedia Databases. Since Antiquities trafficking follows the same routes/criminal processes as trafficking of goods such as illegal drugs and/or guns and/or human trafficking, consulting general trafficking resources is recommended such as Illicit trafficking: a reference handbook Reference - HV6252 .K45 2005  Or try searching and subject terms "Smuggling" as and Art in OneSearch (and add additional terms to narrow down your search).

The following subject terms and keywords work well in the databases: [Academic Search Complete, Art Index, Humanities Source, America History and Life are suggested]

Archeological thefts | Antiquities and Theft |Antiquities AND law and legislation |Antiquities AND Crime | Antiquities and Destruction | Antiquities and Terrorism | Cultural Property | Collectors and Law and legislation | Antiquities and Export and Import | Antiquities and Ethical aspects | Antiquities smuggling

CQ Researcher

For an overview of this topic, this report is recommended:

Bettelheim, A., & Adams, R. (2007, April 13). Stolen antiquities. CQ Researcher, 17, 313-336. Retrieved from http://library.cqpress.com/

Definition - Illicit Antiquties

From: Brodie, N. (2008). Illicit Antiquities. In D. M. Pearsall (Ed.), Encyclopedia of Archaeology (Vol. 2, pp. 1489-1496). Oxford, UK: Academic Press. 

"An illicitly traded archaeological artifact (illicit antiquity) is one that has at sometime been traded in contravention of national or international legal regulations. Typically, it will have been removed illegally from an archaeological site or monument, and/ or exported illegally from its country of origin. Possibly, it will have been stolen from a museum or other cultural institution, or from a private owner. The act of removal is normally unrecorded and probably destructive. Illicit antiquities are often sold by reputable vendors without any public indication of ownership history (provenance)." Read more of this entry on Gale Virtual Reference Library [CUNY use only]

Law Review and Academic Articles

Try searching Antiquities AND law and legislation in Academic Search Complete for law reviews on this topic.

Here are a few recent articles:

Akhtar, Z. (2012). Theft in Babylon: Repatriation and International Law. Art, Antiquity & Law, 17(4), 325-346.

Alderman, K. L., & Dahm, C. S. (2014). National Treasure: A Comparative Analysis of Domestic Laws Criminalizing Illicit Excavation and Exportation of Archaeological Objects. Mercer Law Review, 65(2), 431-465.

Gerstenblith, P. p. (2012). 2011 Cultural heritage legal summary. Journal Of Field Archaeology, 37(4), 330-335.

Kaye, L. M. (1998) “Art Wars: The Repatriation Battle,” Journal of International Law and Politics , p. 79.

Kersel, M. M. (2008). A Focus on the Demand Side of the Antiquities Equation. Near Eastern Archaeology, 71(4), 230-233.

Mackenzie, S. M. (2005). DIG A BIT DEEPER: Law, Regulation and the Illicit Antiquities Market. British Journal Of Criminology, 45(3), 249-268. doi:10. 1093/bjc/azhO99

Palmer, N. (2012). CASTING A LAMP ON DUE DILIGENCE. Art, Antiquity & Law, 17(2), 169-16.

Thompson, Erin L. (2015) "But We Didn't Steal It:" Collectors' Justifications for Purchasing Looted Antiquities. Journal of Art Crime  13, p59-67.

 Tseng, M. (2015). The Executive & the Environment: An Examination of the Antiquities Act from 1929-2000 in the United States. Journal Of Asia Pacific Studies, 4(1), 6-22.

Journals and Annuals

The Yearbook of Cultural Heritage is published by Left Coast Press on behalf of the LCCHP

 

Journals & Articles

These Journals focus on Antiquities and Cultural Heritage

Art, Antiquities & Law Journal

Culture Management / Zarządzanie w Kulturze (Poland) available to John Jay users

The International Journal of Cultural Property  available to John Jay Users

International journal of cultural policy available to John Jay users

Journal of Cultural Heritage Law

Journal of Art Crime

Políticas culturais em revista (Brazil) available to John Jay users

The World Heritage Newsletter (UNESCO) published 1993-2005 

World Heritage Review (UNESCO)

Recommended Articles

Vlasic, M. V., & Turku, H. (2016). Protecting Cultural Heritage as a Means for International Peace, Security and Stability: The Case of ISIS, Syria and Iraq. Vanderbilt Journal Of Transnational Law, 49(5), 1371-1416.

Ben Taub (December 2015) The Real Value of the ISIS Antiquities Trade. The New Yorker.

Margaret Brennen (September 29, 2015) ISIS relying on Smuggling Antiquities to Fund Terror. CBS News

Rachael Shabi (July 3,. 2015) Looted in Syria – and sold in London: the British antiques shops dealing in artefacts smuggled by ISIS. The Guardian Newspaper

Definition - Antiquities Theft

from: Intres, L. (2013). Antiquities Theft. In L. M. Salinger (Ed.), Encyclopedia of White-Collar and Corporate Crime (2nd ed., Vol. 1, pp. 39-41). Thousand Oaks, CA: SAGE Reference.

"Few people are aware that the illegal trafficking of stolen antiquities provides financing for criminal and even terrorist operations. By purchasing stolen antiquities, some buyers unwittingly or indifferently help meet the financial needs of countries with which they may even be at war. For example, it is quite possible, if not likely, that the cash used by an American or allied buyer to purchase illegally excavated antiquities is funding the cause of insurgent groups in the Middle East. The buyers do so by participating in the world's black market for unprovenanced (not having proper legal documentation) antiquities, stolen from Middle Eastern countries and smuggled into Europe, America, and other wealthy nations. The international sale of treasures, stolen by grave robbers and archaeological site looters and trafficked through reputable museums and brokerage firms, may exceed $3 billion per year, according to one Interpol analyst. Other estimates place it as high as $5 billion annually. Private collectors of ancient archaeological treasures represent an overwhelming majority of the illegal purchases of humankind's historic iconology. However, over the past decade, some of the world's most reputable museums and brokerage firms have also been found to traffic in stolen antiquities...." Read More of this entry on Gale Virtual Reference Library    [CUNY use only]

United States Laws and Legislation

Antiquities Act of 1906 information from the National Parks Service

Native American Graves Protection and Repatriation Act (NAGPRA) was enacted on November 16, 1990, information from the National Parks Service

The U.S. has recently signed many memorandums of understandings on antiquities trafficking and cultural property agreements with individual countries - many are cataloged on CUNY+ under the subject heading Cultural property -- Protection -- Law and legislation -- United States

The U.S. State Department, Cultural Heritage Center has a page with all current/expired Bilateral Agreements (MOUs) as well as a page listing applicable Laws, Conventions and Agreements related to Cultural Heritage.

United States Attorney's Bulletin special issues:

Books available in John Jay Library

 Contemporary Perspectives on the Detection, Investigation & Prosecution of Art Crime: Australasian, European & North American Perspectives Farnham, Surrey, England ; Burlington, VT : Ashgate, [2014] Stacks - K5219 .C66 2014

Grantham, D. (2016) Shutting Down ISIS' Antiquities Trade National Center for Policy Analysis Issue Brief 185.

Chappel, Duncan Crime in the art and antiquities world: illegal trafficking in cultural property. Springer 2011 Available as an e-book to CUNY users.

Francioni, Francesco. Cultural human rights. Leiden ; Boston: Martinus Nijhoff Publishers ebook link for CUNY users

 Ramcharan, B. G.(2005) Judicial protection of economic, social and cultural rights: cases and materials.  Leiden ; Boston : M. Nijhoff Publishers, ebook link for CUNY users

 Posey, Darrell Addison (1996) Beyond intellectual property: toward traditional resource rights for indigenous peoples and local communities. Ottawa : International Development Research Centre. ebook link for CUNY users

 Taberner, Aimée L. (2012) Cultural property acquisitions: navigating the shifting landscape. Walnut Creek, Calif.: Left Coast Press. ebook link for CUNY users.

Louise Grove and Suzie Thomas (2014) Heritage Crime: Progress, Prospects & Prevention Palgrave.

Atwood, Roger.  Stealing History: Tomb Raiders, Smugglers and the Looting of the Ancient World , St. Martin's Press, 2004. Stacks - CC135 .A85 2004

Bogdanos, Matthew , Thieves of Baghdad , Bloomsbury USA, 2005.

Stacks - DS79.76 .B635 2005

 

Charney, Noah  Art crime : terrorists, tomb raiders, forgers and thieves. Palgrave Macmillan, 2016. Reserve Room - 1 week loan - N8795 .A79 2016

Fitz Gibbon, Kate , ed., Who Owns the Past? Cultural Policy, Cultural Property and the Law , Rutgers University Press, 2005.

Stacks - AM221 .W48 2005

 

Green, Peggy.  Criminology and archaeology: studies in looted antiquities. Hart Publishing, 2009.

Stacks - CC135 .C73 2009

The looting of the Iraq Museum, Baghdad: the lost legacy of ancient Mesopotamia. Stacks - DS79.76 .L66 2005

Renfrew, Colin, Loot, legitimacy, and ownership: the ethical crisis in archaeology.  London : Duckworth, 2000

Stacks - CC135 .R46 2000

Watson, Peter, and Cecilia Todeschini , The Medici Conspiracy: The Illicit Journey of Looted Antiquities — From Italy's Tomb Raiders to the World's Greatest Museums , PublicAffairs, 2006 Stacks - CC135 .W39 2006  - also available as an e-book for CUNY users

Nafziger, James  A. R. (ed.) Cultural heritage issues: the legacy of conquest, colonization, and commerce.  Stacks - K3791 .C848 2009  also available as an e-book for CUNY users

Rhodes, Robin Francis. (2007) The acquisition and exhibition of classical antiquities: professional, legal, and ethical perspectives.  Notre Dame, Ind.: University of Notre Dame Press Stacks - CC175 .A28 2007 also available as an ebook for CUNY users.

Hoffman, Barbara T. (2006) Art and cultural heritage: law, policy, and practice. Cambridge ; New York: Cambridge University Press. Stacks - K3791 .A97 2006

Definition - Antiquities Protection & War

from: Lerner, A. W. (2004). Archeology and Artifacts, Protection of During War. In K. L. Lerner & B. W. Lerner (Eds.), Encyclopedia of Espionage, Intelligence and Security (Vol. 1, pp. 45-48). Detroit: Gale.

"Plundering is a practice as ancient as warfare itself. With the development of the world's great civilizations, the proverbial "spoils of war" often included national and cultural treasures, including priceless art and antiquities. The looting of exotic, foreign treasure filled the national coffers and museums of the victorious, while depleting the vanquished of tangible remnants of their history. The evolution of warfare, both technical and philosophical, altered international perceptions on the seizure of cultural goods. However, today's international bans on the looting and trafficking of antiquities, as well as the expectation that cultural sites remain protected during wartime, took three centuries to come to fruition...." Read more of this entry on Gale Virtual Reference Library [CUNY use only]

Books on Art, Archaeology and Cultural Heritage Laws

Rhodes, Robin Francis. (2007) The acquisition and exhibition of classical antiquities: professional, legal, and ethical perspectives.  Notre Dame, Ind.: University of Notre Dame Press

Stacks - CC175 .A28 2007 also available as an ebook for CUNY users.

 

Hoffman, Barbara T. (2006) Art and cultural heritage: law, policy, and practice. Cambridge ; New York: Cambridge University Press.

Stacks - K3791 .A97 2006

Legal Organizations on Cultural Heritage

The Lawyers’ Committee for Cultural Heritage Preservation (LCCHP) is a nonprofit organization of lawyers, law students and interested members of the public who have joined together to promote the preservation and protection of cultural heritage resources in the United States and internationally through education and advocacy.