Whose Artifact is it Anyway?
On December 20, 2022, Germany handed over 20 Benin Bronzes from its museums to Nigeria.[1] The Benin Bronzes came from the Kingdom of Benin and were taken in 1897 by British soldiers during a raid.[2] These pieces are dispersed around the world, with the biggest collection kept at the British Museum.[3] Although Germany has agreed to hand over all the Benin Bronzes in its custody, 1,130 pieces in total, the British Museum still holds over 900 pieces.[4]
Accused of exhibiting “pilfered cultural property,” the British Museum is at the center of many artifact disputes.[5] For example, Greece has requested the return of one of the British Museum’s major collections, the Elgin Marbles.[6]
How does one determine ownership over an artifact? Unlike real property, “personal property is movable, thereby frustrating private means of tracing titles and the origins of such merchandise.”[7] States claiming ownership also have difficulty determining origins. For example, in Peru v. Johnson, Peru sought possession of 89 Pre-Colombian gold, ceramic, and fabric objects.[8] The law required Peru to prove that the objects originated in Peru, but the closest they could prove was that the objects were produced by pre-Columbian cultures.[9] This means the objects could have been from Peru, Bolivia, Colombia, or Ecuador.[10]
An additional problem arises when the artifact has been removed. Given the effects of colonialism and war, the State claiming ownership and the State that existed at the time of the removal of the artifact may be different. For example, at the time of the removal of the Elgin Marbles, Greece was under the Ottoman control. As a result, “the Ottomans had a solid claim to legal authority over the Parthenon because it was public property.”[11] The Ottomans, therefore, had the right to give Lord Elgin permission to remove the Marbles. Whether the Ottomans granted permission is debatable, but Greece did not argue this fact even after it gained its independence.[12]
With the law not on their side, several countries have applied public pressure to get their artifacts repatriated. This public pressure has led Germany to return the Benin Bronzes and the British Museum is reportedly in talks with Greece over the Elgin Marbles.[13] However, public pressure has been slow in convincing former colonial powers to part with such artifacts. This lengthy process has benefitted these colonial powers as they continue to profit off years of exploitation.[14]
What, then, is the solution? One argument is for “joint trusteeship between source and acquiring museums who, together, would oversee, protect, and display these cultural treasures.”[15] I would go a step further and establish universal museums. European and American museums currently possess disputed artifacts which undermines the argument that these museums serve the people of every nation.[16] To truly serve the people of every nation, museums should be established around the world and governed by an international nonprofit organization like UNESCO. Artifacts can then rotate amongst these museums allowing everyone to appreciate the history and culture of the world.
Margaret Myaskovskaya is a staff member of Fordham International Law Journal Volume XLVI.
[1] See Chijioke Ohuocha, Germany Hands Over 20 Looted Benin Bronzes to Nigeria, Reuters (Dec. 20, 2022), https://www.reuters.com/world/germany-hands-over-20-looted-benin-bronzes-nigeria-2022-12-20/.
[2] See id.
[3] See id.
[4] See Rogers et al., How Germany Changed Its Mind, and Gave the Benin Bronzes Back, NY Times (Dec. 20, 2022), https://www.nytimes.com/2022/12/20/arts/benin-bronzes-nigeria-germany.html.
[5] See Dalya Alberge, British Museum is World’s Largest Receiver of Stolen Goods, Says QC, The Guardian (Nov. 9, 2019), https://www.theguardian.com/world/2019/nov/04/british-museum-is-worlds-largest-receiver-of-stolen-goods-says-qc.
[6] See id.
[7] See Robin Morris Collin, The Law and Stolen Art, Artifacts, and Antiquities, 36 Howard L. J. 17, 21 (1993).
[8] See John Henry Merryman, Limits on State Recovery of Stolen Artifacts: Peru v. Johnson, 1 Int’l J. Cultural Prop. 169, 169 (1992).
[9] See id.
[10] See id.
[11] See Timothy Caron, The Application of International Law, Morality, and Public Policy to the Elgin Marbles Dispute, 3 Baku St. Univ. L. Rev. 1, 4 (2017).
[12] See id at 4-5.
[13] See Tom Seymour, Secret Talks Between British Museum and Greece to Return Parthenon Marbles in ‘Advanced Stages,’ The Art Newspaper (Dec. 5, 2022), https://www.theartnewspaper.com/2022/12/05/after-spending-200-years-in-the-british-museum-the-elgin-marbles-may-be-about-to-return-to-greece.
[14] See Camille Labadie, Decolonizing Collections: A Legal Perspective on the Restitution of Cultural Artifacts, 49 ICOFOM Study Series 132-146 (2021).
[15] See Michael J. Reppas II, Empty “International” Museums’ Trophy Cases of Their Looted Treasures and Return Stolen Property to the Countries of Origin and the Rightful Heirs of Those Wrongfully Dispossessed, 36 Denv. J. Int’l L. & Pol’y 93, 123 (2007).
[16] See Declaration on the Importance and Values of Universal Museums, https://ia804708.us.archive.org/33/items/cmapr4492/20030000%20Information%20Declaration%20on%20the%20Importance%20and%20Value%20of%20Universal%20Museums.pdf.
This is a student blog post and in no way represents the views of the Fordham International Law Journal.