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- Title
THEFT IN BABYLON: REPATRIATION AND INTERNATIONAL LAW.
- Authors
Akhtar, Zia
- Abstract
One of the consequences of the war in Iraq was the depletion of the country's national treasures, many of which date back to the ancient civilisations that inhabited the land in the past. This happened after the US-UK invasion in 2003 when the allies occupied what was then a country devastated by economic sanctions. The country was ruled by a military administration that came under the Coalition Authority. In addition to the loss of human life as a result of the war, the country has been on the receiving end of looting of its national museum, and many national artefacts have been exported and sold. The United States was not at that time party to the Hague Convention of 1954 for the Protection of Cultural Property in the Event of Armed Conflict, having ratified the Convention only in 2009, though it had adopted the UNESCO Convention of 1970 through the enactment of the Cultural Property Implementation Act (CPIA) 1983. However, the caveats in this statute allow the United States to determine whether the country seeking the repatriation of its artefacts can show cause. The American Council for Cultural Policy (ACCP) has described all legislation protecting artefacts 'retentionist' and has exerted pressure on the US Government to allow their importation into the country. There is evidence implicating certain US dealers in the smuggling of Iraqi artefacts and for giving them the status of 'merchandise'. It is argued in this paper that the US Government should enact legislation that is similar in effect to the protection accorded to indigenous Americans in the form of the Native American Graves Protection and Repatriation Act 1990. Such legislation would lead to the return of Iraqi artefacts and archives and restore its cultural heritage.
- Subjects
REPATRIATION of cultural property; INTERNATIONAL law; ART treasures in war; PROTECTION of cultural property (International law); ANTIQUITIES smuggling laws; UNESCO; IRAQ antiquities
- Publication
Art, Antiquity & Law, 2012, Vol 17, Issue 4, p325
- ISSN
1362-2331
- Publication type
Article