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Conflict, Looting and the Law Essay

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Conflict, Looting and the Law
Iraq has over ten thousand registered archaeological sites (Patron 2008:466) and there is a long history of uncontrolled excavations which resulted from the demand for antiquities in museums and the mantelpieces of London, New York and Tokyo. When Saddam Hussein became president of Iraq in 1973 (Bio 2013) he used nationalistic parallels with Babylonian history to stimulate a national unity (Cuno 2011:54) - for example Nebuchadnezzar II’s palace at Babylon was rebuilt with great fanfare (Zettler 2002:1). Looting was severely punished and it was relatively unknown. I lived in Iraq up-until the outbreak of the Persian Gulf War and the majority of the archaeological sites I visited were largely abandoned and the …show more content…

National cultural-property legislation often replaced a system of partage where the excavation team and host nation shared artefacts and which today have formed the basis of the collections in the world’s finest museums (Cuno 2012:37-38). These laws have not proven to be effective because of a lack of enforcement (Patron 2008:485) and nations which might attempt to recover items often have other more pressing issues to tackle (such as rebuilding government and internal law-and-order). Geraldine Norman (1995:143) makes the valid point that bad laws are made to be broken but she argued that all national cultural-property legislation is destined to fail because it runs counter to human nature and she even suggested that “finders keepers” is the best legal approach. I cannot agree with Norman but I do believe that while source nations do not attempt to recover artefacts or prosecute internationally and market-nations have ‘flexible’ positions on ownership it will be impossible to prevent source nations from supplying the demand. Can international legislation specifically intended to protect cultural heritage help where national laws fail?

Legal protections for cultural property in times of armed conflict, in current terms, begin with the 1907 Hague Regulations (based on the 1863 US’ Lieber Code) and it, like the subsequent laws, was an attempt to protect culture and prevent a reoccurrence of the abuses experienced during conflict (Phuong 2004:986). The 1954 Hague

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