by Ibrahim Bulut

[reprinted from ASIS Cultural Properties Council August 2016 Newsletter]

Summary of the 2016 Amelia Conference

The Association for Research into Crimes against Art is a research and outreach organisation working to promote the study and research of art crime and cultural heritage protection.  One of the ways this is done is by identifying emerging and under-examined trends related to various types of art crime and in doing so work to highlight developing strategies that advocate for the responsible stewardship of our collective artistic and archaeological heritage.  In furtherance of that, each year ARCA hosts a weekend summer art crime conference in Italy, where allied professionals, academic scholars, and students across interdisciplinary fields convene within the old walls of the quiet Umbrian town of Amelia, for what has come to be known as the Amelia Conference. 

This year's event was held June 24-26, 2016. 

As with previous years, the objective of the conference was to share perspectives and approaches working to abate art crime and illicit cultural property trafficking internationally, while facilitating an atmosphere of communication and collaboration between professionals working in the sector in order to share new and emerging approaches. The conference takes place mid-way through ARCA’s ten-course Postgraduate Certificate Program in Art Crime and Cultural Heritage Protection which in turn gives the Association's postgraduate students the opportunity to meet and speak with experts from all over the world while exchanging news, ideas and experiences.

The following recap will provide a brief summary of the speakers’ messages in brief.

Alesia Koush, an art historian with Heritage Community Life Beyond Tourism® created by the Romualdo Del Bianco Foundation®, which has been operating for over twenty years for intercultural dialogue and peaceful coexistence in the world, gave the opening address.

Koush's research focuses on the protection of cultural heritage and she serves on the foundation’s international board of experts. In the framework of these activities, she conceived and coordinated two editions of the international workshop “Value Education for Culture, Peace and Human Development” – a theme representing the result of her multi-annual research, which she continues to develop participating at international conferences and publishing articles.

In Kouch's presentation “Without culture, there is no peace” she stressed that more recognition and legal protections for our shared, inalienable human right to culture are necessary. She reminded the audience of the teachings of Russian artist, Professor Nicholas Roerich and philosopher Swami Vivekananda who both stressed the need for protection of cultural values, stressing cultural education as a a critical component of teaching society of the necessity of preserving universal human values.

After the opening address, Saturday's first panel elaborated on the current climate of civil, national, and international law as it relates to cultural heritage protection.
Dr. Saskia Hufnagel, co-director of the Criminal Justice Centre at Queen Mary University of London, discussed the restitution of cultural heritage objects within the German context, pointing out that criminal prosecution can often be faster than civil restitution.

Ivett Paulovics and Pierfrancesco C. Fasano, Milan-based Attorneys-at-Law from FASANO Avvocati, noted the initial shortcomings and subsequent changes in the EU legal framework for unlawfully removed cultural objects and the important changes brought about by EU Directive 2014/60, involving a shift in the burden of proof onto the possessor of the object.
Lastly, Silvia Beltrametti of the University of Chicago Law School presented her study on the impact of court convictions of antiquities dealers on pricing and provenance of ancient artifacts at auction. Her analyses concluded that international treaties and legal threats correlate to a greater market demand for items with clearer and demonstrable provenance. The relationship was clearly exemplified by spikes in the price of classical and Egyptian objects accompanied by better documentation of the collecting history corresponding with the timing of high-profile prosecutions, like that of Fredrick Schultz and Giacomo Medici.

The second morning panel consisted of European and Antipodean perspectives on art and heritage crime and the trafficking of culture within the former Yugoslavia, the Balkans, and Australia.

Helen Walasek, author of Bosnia and the Destruction of Cultural Heritage, formerly worked with the Bosnian Institute in London and Bosnia-Herzegovina Heritage Rescue (BHHR). Walasek brought insight into the destruction and damage of cultural buildings of significance in the region and the functioning dutiesof the  International Criminal Tribunal for the Former Yugoslavia (ICTY). The judgments represented a growth in humanitarian pressure and response to inflict penalties on perpetrators of cultural heritage destruction that willfully inflicted harm on the morale and history with no military necessity. Walasek underlined the importance of recognizing that damages to culturally significant property reach not only those near affected areas, but also the entirety of mankind.

Elena Sciandra, a Ph.D. student in International Studies at the University of Trento School of International Studies with a M.Sc. in Criminal Justice Policy, shared her findings on illicit antiquities trafficking occurring in the Balkan region. Sciandra called for greater research dedicated to transit countries involved in trafficking activities.
Professors Kenneth Polk and Duncan Chappell examined and presented contemporary developments in the Antipodean art world. Dr. Polk is a retired Professor of Criminology at the University of Melbourne and continues to serve as a researcher on such topics as art theft, art fraud, and the illicit traffic in antiquities.  He also has been recently appointed by the Australian Government to the National Cultural Heritage Committee. Dr. Chappell is a lawyer and criminologist, currently teaching as a Professor in the Faculty of Law at the University of Sydney, and as a Conjoint Professor in the School of Psychiatry at the University of NSW. He is also the Chair of the International Advisory Board of the Australian Research Council’s Center of Excellence in Policing and Security and ARCA's Art and Cultural Heritage Law professor for the Postgraduate Certificate Program. Together Polk and Chappell noted that typical trafficking portals in their region include Hong Kong, Bangkok, and Singapore and both cited multiple cases and legal instruments, including the “Head of Man” sold by Subhash Kapoor and the Australian 1986 Protection of Movable Cultural Heritage Act’s Section 14 on Unlawful Imports.

Saturday's first afternoon panel highlighted the current state of endangered antiquities from Mesopotamia to South Arabia via the Levant. Chaired by ARCA 2015 Alumni, Samer ABDEL GHAFOUR, the founder of the ArchaeologyIN – Archaeology Information Network, the panel focused on best practices and the positive impact of community-focused development projects in the protection of cultural heritage in politically strained regions.   Mr. Abdel Ghafour also introduced ARCA's three 2016 Minerva Scholarship students for this year's postgraduate program:  Zuhoor Khalid Ali Al-Ansi, from Yemen, Ahmed Fatima Kzzo, from Syria and Ameer Doshee Jasim from Iraq. All three students have been sponsored by individuals and organisations who want to promote the study of art crime among the professional community actively working within conflict zones. The Minerva scholarship is set aside to equip scholars with the knowledge and tools needed to build the capacity to address heritage crimes successfully when they return to their home institutions and to advance this training within their respective regions. 

Carla Benelli, a 2015 ARCA alumna and Osama Hamdan described the politicized use of archaeology for territorial control in occupied Palestinian territories as well as the current state of poor management and neglect of archaeological sites in that region. Carla Benelli, is the Cultural Heritage Project Manager at the Associazione pro Terra Sancta (Custody of the Holy Land) at the Jaffa Gate in Jerusalem. Osama Hamdan is the Director of the Palestinian NGO Mosaic Centre and a Lecturer at the Higher Institute of Islamic Archaeology at Al-Quds University in Palestine. Both speakers encouraged greater investment in people within the region, facilitated by an improved education system and government strategy.  

As a Research Fellow at the University of Pisa, Costanza Odierna shed light on the widespread destruction of archaeological heritage at risk in Yemen and the University of Pisa’s related projects in support of Yemeni museums, including the Damār Museum and Zngibar Museum. Odierna introduced the digital archive her team has created, known as the Digital Archive for the Study of pre-Islamic Arabian Inscriptions (DASI), to act as a resource for study and preservation. 

Next, Professors Giorgio Buccellati and Marilyn Kelly-Buccellati spoke of their experiences at Tell Mozan (Arabic: تل موزان‎‎, ancient Urkesh; Hasakah Governorate, Syria), in modern-day Northern Syria.  Nearly 20 years ago, the pair and their team identified the fourth millennium BCE tell located in the foothills of the Taurus Mountains in Al-Hasakah Governorate and have been working on the site through 17 seasons of excavations. 

Dr. Giorgio Buccellati is the Founding Director of the International Institute for Mesopotamian Area Studies - IIMAS and a Professor Emeritus in the Department of Near Eastern Languages and the Department of History at the University of California, Los Angeles. Dr. Marilyn Kelly-Buccellati serves as the Director of Excavations at the ancient city of Urkesh and is a faculty member at the Cotsen Institute of Archaeology at the University of California, Los Angeles. 

Together, the Buccellati's offered practical and cost-effective solutions which they have used to harness vital community-based social-cultural infrastructures as a means of preventing site damage and the looting of their archaeological site. Their long-term project in Syria, located just 60 kilometers (37 miles) from ISIS-controlled territory, has been successfully maintained and protected despite its at-risk proximity to conflict zones in a large part because local staff are instilled with an intense loyalty to the heritage of the region and to the scientists and scientific work being conducted at Tell Mozan over the last decades.

The Buccellati's efforts to harness the cooperation of local people, who now serve as guardians of the Tell Mozan site, are documented in a report titled "In the Eye of the Storm," This report details how a plan to protect Urkesh from crumbling has inadvertantly served as a model for protecting the heritage site during and in spite of Syria's long-standing armed conflict.  

The Buccellati's challenged the audience, asking: “How can we expect stakeholders to protect the sites if we do not?”

The afternoon’s second panel discussion focused on characterizing and anticipating the trafficking of culture in and from zones of conflict.

Dr. Samuel Andrew Hardy, a specialist researching the illicit antiquities trade and the destruction of community and cultural property for various organizations including UNESCO is an Adjunct Professor in the Graduate Program in Sustainable Cultural Heritage at the American University of Rome.  Hardy spoke on his work “The Importance of Being Diligent” and existing trends in present-day conflict antiquities looting.

Andrew Scott DeJesse, Lieutenant Colonel and Cultural Affairs Officer in the U.S. Army, provided an overview of his work on the Collective Heritage Lab. The innovative social laboratory is being developed to track the antiquities trade and disrupt the connections between the demands of the legal antiquities market, the grey market, and the illicit trafficking of stolen artifacts.

Britta M. Redwood, J.D. candidate at Yale University, discussed museum and collector liability under the U.S. Anti-Terrorism Act. Redwood shared perspectives on several recent cases, including Linde et al. v. Arab Bank in the U.S. District Court for the Eastern District of New York and Holder v. Humanitarian Law Project in the U.S. Supreme Court.

The second day of the conference began with a morning panel focused on cases of art crime occurring in Italy, offering insight into the challenges of repatriation as well as how successful joint mediation efforts can be useful in developing collaborative relationships which facilitate repatriation. 

Serena Raffiotta, Archaeologist, shared the story of a blue curl that her team discovered in Morgantina, Sicily. Through her relationship with the J. Paul Getty Museum, she found that this small piece was, in fact, a perfect puzzle fit to the iconic terracotta head of Hades within the institution’s collection at the time. The Hades sculpture has since been returned to Morgantina. Stefano Alessandrini, Archaeologist and Consultant for L’Avvocatura dello Stato, Italia, brought his perspective from his efforts to repatriate illicitly trafficked works of art home to Italy.

Virginia Curry, retired FBI Special Agent and Doctoral Candidate at the University of Texas at Dallas, shed light on the long-standing history of unethical collecting methods among some collectors of ancient art. Curry told the story of Piermatteo d’Amelia’s “Annunciation”, originally from the altar of a Franciscan church located just outside the city of Amelia, not far from the Boccarini cloister where the conference was held. By examining letters between Isabella Stewart Gardner and Bernard Berenson which highlight a long succession of business transactions between Berenson and Gardner in the purchasing of art works Ms. Curry highlighted that the Boston-based collector had more than passing knowledge in the illicit nature of the stolen “Annunciation” which ultimately ended up in her private collection. 

Sunday's second group of morning panelists spoke about fakes, forgeries, and the illicit trafficking of rhino horns infiltrating the market.

James Ratcliffe, General Counsel and Director of Recoveries at The Art Loss Register, spoke about fakes and forgeries circulating in the market, as witnessed by his firm. The Art Loss Register is one of  largest private database of lost and stolen art, antiques, and collectables. Their services include item registration, search and recovery services to collectors, the art trade, insurers, and worldwide law enforcement agencies. Some of the items Ratcliff covered were the corruption and manufacturing of false provenance, the use of provenance to legitimise forgeries and the difficulties that arise from the fact that so few people have any interest in revealing forgeries which results in the recycling of fakes and forgeries in the market.

Dr. Annette Hübschle-Finch, Senior Research Advisor at the Global Initiative against Transnational Organized Crime, shared her studies on the market and the grey zone of regulation for rhino horns. Hübschle-Finch underscored that South Africa continues to allow recreational hunting of rhino horns for hunters with permits, resulting in abuse as well as regulatory challenges. The last speaker was Allen Olson-Urtecho, an art adjuster, investigator, and principal at Fine Arts Adjusters LLC as well as a Ph.D. student at IDSVA.  Olson-Urtecho  introduced his team’s Fine Art Forensics Massive Open Online Course (MOOC) and stressed the importance of disseminating knowledge to wider audiences to curb the proliferation of fakes and forgeries within the marketplace.

In the afternoon, perspectives of art crime were shared by public sector law enforcement officers as well as private investigators.

Jordan Arnold, Senior Managing Director at K2 Intelligence, shared insight into the Panama Papers that were leaked from the world’s fourth biggest offshore law firm, Mossack Fonseca and its impact on future regulation targeting the art market. Arnold spoke about the regulatory functions of the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, and the responsibility of banks and financial institutions to monitor accounts for suspicious activity under the U.S. Patriot Act. 

Fons van Gessel, Senior Strategic Policy Advisor at the Ministry of Security and Justice in the Netherlands, and Martin Finkelnberg, Head of the Art and Antiquities Crime Unit in the National Criminal Intelligence Division of the National Police of the Netherlands, shared findings from the 3rd meeting of the EU CULTNET held in the Hague on 25 May 2016. The EU CULTNET is the informal network of law enforcement authorities and experts in the field of cultural goods. van Gessel and Finkelnberg stressed the need for cooperation and the exchange of information and best practices.

Michael Will, Manager of the Organized Crime Networks Group and Focal Point Furtum at EUROPOL, provided an overview of EUROPOL's and Europe's involvement in the fight against cultural goods trafficking. Gonzalo Giordano, General Secretariat and Sub-Directorate of the Drugs and Organized Crime in Works of Art unit at INTERPOL, discussed initiatives and methods at INTERPOL’s Works of Art unit utilised in the fight against illicit trafficking of cultural property.

The final conference panel dealt with cultural heritage risk management approaches to effectively balance the accessibility with the protection of collections.

Judit Kata Virág, Registrar at the Museum of Fine Arts, Budapest, called for greater stewardship and cooperation between museum professionals and law enforcement agencies in the fight against art trafficking. Dick Drent, Associate Director of SoSecure, Toby Bull, Founder of TrackArt, and Ibrahim Bulut, Business Development Manager at Meyvaert Glass Engineering, reminded the audience that in the security profession there are two basic approaches used to deal with security vulnerabilities: reactive and proactive.  Reactive approaches are those procedures that museums use once they discover that their facility has been compromised by an intruder or attack. Proactive approaches include all measures that are taken with the goal of preventing risks before they occur compromising security.   Speaking candidly with the attendees the panalists underscored that security doesn’t begin with the detection of a compromised situation resulting in a theft or damage to an art work, but with an advanced plan to minimize risk that includes many factors customized to the needs of each individual facility. The speakers on the panel pushed for change from reactive measures and fostering mew approaches which take into consideration proactive measures within the security sector, facilitated by security intelligence coupled with smarter techniques and more security focused construction.