Controlling the International Market in Antiquities: Reducing the Harm, Preserving the Past

In this Article, I will discuss three components. First, I will examine the harms that the looting of archaeological sites imposes on society. Second, I will discuss the responses to the problem, particularly in terms of the law that attempts to regulate this conduct, and some of the characteristics of the current legal regime and of the market in antiquities that prevent the law from achieving its full potential for deterrence. Third, this Article will examine and propose solutions to discourage site looting and encourage preservation of the remains of the past for the benefit of the future

Controlling the International Market in Antiquities: Reducing the Harm, Preserving the Past

In this Article, I will discuss three components. First, I will examine the harms that the looting of archaeological sites imposes on society. Second, I will discuss the responses to the problem, particularly in terms of the law that attempts to regulate this conduct, and some of the characteristics of the current legal regime and of the market in antiquities that prevent the law from achieving its full potential for deterrence. Third, this Article will examine and propose solutions to discourage site looting and encourage preservation of the remains of the past for the benefit of the future

The Destruction of Cultural Heritage: A Crime Against Property or a Crime Against People?, 15 J. Marshall Rev. Intell. Prop. L. 336 (2016)

The destruction of cultural heritage has played a prominent role in the ongoing conflicts in Syria and Iraq and in the recent conflict in Mali. This destruction has displayed the failure of international law to effectively deter these actions. This article reviews existing international law in light of this destruction and the challenges posed by the issues of non-international armed conflict, non-state actors and the military necessity exception. By examining recent developments in applicable international law, the article proposes that customary international law has evolved to interpret existing legal instruments and doctrines concerning cultural heritage in light of the principles of proportionality and distinction and a definition of intentionality that includes extreme negligence and willful disregard. As a result, international law may more effectively foster the preservation of cultural heritage for future generations

Legal responses to the intentional destruction and looting of cultural sites: The paradigm of Syria

The civil war in Syria, now in its fourth year and with multiple parties, has engendered probably the most widespread and numerous examples of destruction, damage and looting of cultural sites since the Second World War. Several international legal instruments, including the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict and its First Protocol, were drafted in the wake of World War II to prevent the repetition of such harms inflicted on cultural sites and repositories. More recently, the prosecution of military leaders by the International Criminal Tribunal for the former Yugoslavia, the increasing use of customary international law, and the adoption of the Second Protocol to the 1954 Hague Convention have raised awareness of the consequences of violating these international legal norms and treaty obligations. Despite these provisions, the parties to the conflict in Syria have continued to engage in cultural heritage destruction for differing reasons and motivations. This paper will explore the deterrents of international law and its limits in protecting cultural heritage