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April 21, 1999
CONTENTS:
- 2ND PROTOCOL DIPLOMATIC CONFERENCE
- A question of authenticity (Daniel Rosenfeld)
- [Fire Safe Heritage]: Historic House Fire - Snedens Landing, NY
- S.T.O.P. & Farewell to the Getty Info Institute (Jonathan Sazonoff)
- 2nd Museum Security Technique Congress. 1999
- Canada returns smuggled ancient mosaics to Syria
- French auctions 'inflating bids'
- Gettysburg National Military Park Makes "10 Most Endangered Parks" List
From: Boylan P P.Boylan@city.ac.uk
To: MSN securma@xs4all.nl
Subject: 2ND PROTOCOL DIPLOMATIC CONFERENCE
Ton
I've done a more considered piece, with additional details of the new treaty now that the official text is available. Perhaps this could be substituted now? Also, please note that following the previous problems UNESCO has changed the address of the Protocol text - now as in my revised text below.
All the best
Patrick
========================================== NEW INTERNATIONAL TREATY TO STRENGTHEN PROTECTION OF CULTURAL PROPERTY IN THE EVENT OF ARMED CONFLICT
After two gruelling weeks, 15 - 26 March 1999, during which things often looked very bleak because of deep-seated differences between States, a new 2nd Protocol to the 1954 Hague Convention on the Protection of Cultural Property in the Event of Armed Conflict was adopted by unanimous consensus on the evening of Friday 26 March in The Hague. So far as I could see the Heads of all 84 national Delegations taking part signed the "Final Act" of the Diplomatic Conference - though this does not commit and State to sign and ratify the new treaty itself: this will depend on often prolonged consideration and major new primary legislation at the national level in each case. The new Protocol represents much the greatest advance in international cultural protection measure for decades - certainly since the 1972 World Heritage Convention, and probably since the original 1954 Hague Convention. It is also the most substantial development in the field of International Humanitarian Law since the Geneva Convention Additional Protocols of 1977. Both the World Heritage Convention and the 1977 Additional Protocols offered significant precedents for many of the innovations in the 1999 2nd Protocol just adopted, coupled with the long, and sad, experience of the failure of the original 1954 Convention to prevent great losses of important cultural property over the past 45 years, especially in the sort of "dirty" armed conflicts such as civil wars that have been a constant feature of the post-war world. For those who are familiar with the 1998 Vienna Draft and the UNESCO Working Draft which the March 1999 Diplomatic Conference took as its starting point, (and indeed my original UNESCO report of 1993 which was perhaps the starting point of this whole process), on virtually every key area except one the final version of the new 2nd Protocol has accepted the basic argument for change and improvement (though the final language may look quite different in places - not least through the careful attempt to use established "Geneva" wording wherever possible). In summary, the provisions of Hague 1954 in respect of "protection" in general have been greatly clarified and amplified, in the new Chapter 2. This offers much clearer explanations of, for example, the very limited cases in which "imperative military necessity" can be claimed in order to allow an attack on cultural property - in effect substantially reducing the possible use of this, (a long-standing problem dating back to the original 1899 and 1907 Hague Laws of War). The obligations of States in relation to peacetime preparation and training have been expanded. The Chapter also clarifies (and limits very considerably) what an occupying power may do in relation to cultural property within occupied territories, placing very narrow limits on archaeological excavations and the alteration or change of use of cultural property, and requiring the occupying power to prohibit a nd prevent all illicit export, removal or change of ownership of cultural property.
The new Chapter 3 creates a new category of "Exceptional Protection" for the most important sites, monuments and institutions. This will be an international designation, approved by a new Intergovernmental Committee established by the 2nd Protocol, and publicised in advance (modelled on the procedures for the World Heritage List). The detailed provisions restrict even further than the new Chapter 4 provisions the 1954 "Imperative Military Necessity" exemption: even in the case of gross misuse by the enemy, it will be lawful to attack or retaliate only if the cultural property is currently being actually used in direct support of the fighting etc., and even then any response must be strictly proportionate and limited. One of the two areas in which there is a very major advance in international humanitarian law and international criminal law is the new Chapter 4. While emphasising both individual and command and control criminal responsibility under existing provisions (such as the Geneva Conventions and Protocols and customary international law), the new 2nd Protocol establishes a range of new explicit war crimes. These cover breaches of cultural protection and respect contrary to either the original 1954 Convention, the new 2nd Protocol, or the cultural protection provisions of the 1977 Additional Geneva Protocols. Examples include making cultural property the object of a prohibited attack or mis-using it in support of military action, extensive destruction of appropriation of cultural property, together with theft, pillage and vandalism of cultural property, and with specially severe provisions in relation to crimes against the Enhanced Protection regime. States Parties will have to legislate for these and in normal cases will be expected to prosecute such crimes in their normal civilian or military courts. However, there is also provision for both extradition for all "cultural" war crimes and universal international jurisdiction in respect the most serious crimes. Chapter 5 deals with non-international conflicts, and aims to clarify and strengthen considerably the 1954 provisions in relation to civil wars and other non-international armed conflicts (where much the greatest problems - and cultural destruction - have occurred over the past 44 years). The other major advance and significant innovation is Chapter 6, which establishes for the first time institutional arrangements in respect of the application of the 1954 Convention. There will be two-yearly meetings of the States Parties (compared with a 22 year gap between the 1973 and 1995 meetings!), and the States will elect a 12 member "Committee for the protection of cultural property in the event of armed conflict" which will meet at least once a year, and more frequently in cases of urgency. The Committee will have a duty to monitor and promote generally, and consider applications for both "Exceptional Protection" and financial assistance from a (voluntary contributions) Fund to be established under the Protocol. At an early stage in the more than five years of preparation for the March 1999 Diplomatic Conference, the UNESCO-linked world non-governmental organisations for archives (ICA), libraries (IFLA) monuments and sites (ICOMOS) and museums (ICOM) agreed to create a joint emergency coordination and response committee under the name International Committee of the Blue Shield (ICBS) - taking its name from the Hague Convention symbol for protected cultural property. The new 2nd Protocol now formally recognises the ICBS (by name) together with its constituent "eminent professional organizations" as important partners, together with UNESCO, ICCROM and the International Committee of the Red Cross, in all aspects of the promotion and implementation of the Protocol. All will have important standing advisory roles in relation to the Committee and of the regular meetings of all States Parties, and the ICBS will be consulted on proposals for e.g. "Exceptional Protection" designation, in the same way that ICOMOS, ICCROM and the International Union for the Conservation of Nature (IUCN) are involved in the implementation of the World Heritage Convention. Chapter 7 strengthens the 1954 provision in relation to information, training etc. about the Convention, Protocols and general principles of cultural protection. There is now a call for States to raise awareness among the general public and within the education system (non-binding because of the significant number of States where the central government does not control or influence directly the school curriculum - though an important recognition of the importance and role of "civil society" nevertheless). In addition, each of the four constituent bodies of the ICBS were named in full in the formal "Final Act" of the Diplomatic Conference,while I was invited to sign the Final Act as Head of the International Committee of the Blue Shield delegation. (I did not realise the significance of this until one of the UK Foreign Office international law experts told me that this was the first time in modern diplomatic law that an NGO observer delegation had been allowed this privilege!) The 2nd Protocol is now being prepared in all six UN languages (French, English, Arabic, Chinese, Spanish and Russian) in time for the formal signing ceremony in The Hague on Monday 17 May (the first day of a week of celebrations to mark the 100th anniversary of the first Hague Peace Conference and Convention of 1899). However, it will be some time before it comes into force. A minimum of twenty States that are already Parties to the original 1954 Convention must ratify it before it comes into effect, and it is likely that in most countries this will require new primary legislation, not least because of the extension of international criminal law and jurisdiction. English and French texts are already available on the UNESCO web site: http://www.unesco.org/culture/legalprotection/war/html_eng/protocol2. html. (Note that the web address has changed from that originally used)
(Prof.) Patrick Boylan
(Head of International Committee of the Blue Shield Delegation, Diplomatic Conference, The Hague, 15 - 26 March 1999)
(P.Boylan@city.ac.uk)
From: Daniel Rosenfeld drose@pafa.org
Subject: A question of authenticity
I would like to clarify the misconception that a posthumous cast is a "reproduction," as suggested by your notice on the recent departure of the curator of the Cummer Museum of Art in Jacksonville. A bronze is by necessity a reproduction twice-removed from an original, which is characteristically modeled in clay, and then cast in plaster before it is sent to the foundry. License to fabricate a posthumous bronze cast from an "original plaster" is protected by property law, under the concept of "droit de suivre," which in literature would be analogous to the succession of rights protected by copyright. Although this is a matter of law rather than esthetic principle, it should nevertheless be noted (in the case of Rodin), that his bronze casts were regularly sent to a foundry, to be cast outside of his immediate supervision. In donating his collection to the French State (now the Musée Rodin in Paris and Meudon), he also ceded droits de suivre to them. The exercise of these rights began immediatel--even before the sculptor had died--and much of what you now see in the Rodin Museum, and in collections around the world, was created in these circumstances, at first under the supervision of the artist's executor, Léonce Benédite (previously director of the Musée du Luxembourg), and thereafter by the succeeding administrations of the Musée. The casting of these works is strictly supervised and limited in number, and while the quality of these casts varies, in the main it is reasonable to assume that Rodin would have been satisfied with this arrangement, which he made, and for which there are abundant precedents in the history of sculpture. I stress this point because, with the passage of time, many of Rodin's sculptures have entered the public domain, and hence are not restricted (you can see them for sale in many museum shops). These are the true "reproductions," and it will be a challenge of future scholarship to differentiate knockoffs in the public domain from the genuine "originals."
Daniel Rosenfeld
Director
The Pennsylvania Academy of the Fine Arts (Museum Curator Is History - (JACKSONVILLE) -- The curator of a Jacksonville museum has been fired after expressing doubts about the authenticity of the sculptures in a highly-touted exhibit. Robert Torchia was axed from the Cummer Museum of Art and Gardens just three days after he wrote a letter saying he was concerned about the way museums are presenting "Rodin's Monument to Victor Hugo." The sculptures in the exhibit were cast AFTER the death of Auguste Rodin, considered by many France's greatest sculptor. As such, critics say the pieces should be called reproductions... not original works of art. The museum director says the firing was a personal matter and had nothing to do with the letter. The 22-piece exhibit will be at the Cummer this summer before moving on to Metropolitan Museum of Art in New York.)
From: Jack Sullivan jacksull@mindspring.com
Subject: [Fire Safe Heritage]: Historic House Fire - Snedens Landing, NY
April 15, 1999 SNEDENS LANDING, NY (341) A fire yesterday heavily damaged an historic house once home to actresses Ellen Burstyn and Dixie Carter. The two-story sandstone and wood-frame home, a short distance from the road, was unoccupied and under renovation when the blaze was first reported. The blaze at 25 Washington Springs Road may have been caused by a propane space heater used to dry wallboard. The fire was in the second floor and attic and through the roof when firefighters arrived. The building is about 75 feet from the Hudson River and faces it. Its nearest neighbor is the old Sneden House, from where a ferry once ran to Dobbs Ferry in the 1700s and 1800s. The stone house was built in 1908 on the ruins of the original ferry house office. Burstyn lived there in 1973, and Carter lived in the home in 1978. Snedens Landing has been home to many Hollywood and Broadway celebrities, including Glenn Close, Al Pacino and Bill Murray. Firefighters were hampered by the building's lack of fire-stopping construction in the walls, its old, 12-foot-high ceilings and a flat roof that was so heavily tarred and burning that firefighters could not get onto it. At first, firefighters had very low water pressure coming from the hydrant nearest the building. Sparkill firefighters were assisted by the Tappan Fire Department (NYJ)
From: Jonathan Sazonoff saz@kwom.com
Organization: SAZ PRODUCTIONS, INC.
Subject: S.T.O.P. & Farewell to the Getty Info Institute
Dear Subscribers,
Several items of interest, The Washington D.C. based Society for the Prevention of the Trade of Stolen Art has relaunched its web site www.stop.org
Next, the field of cultural property research is indebted to the Getty for their pioneering work. Here is an article about the closing of The Getty Information Institute: A Retrospective
http://www.dlib.org/dlib/march99/fink/03fink.html
Our thanks the folks who surveyed the field and brought you Object ID.
Hope you find this information helpful.
Jonathan Sazonoff
President
Saz. Prod., Inc
www.saztv.com
Contributing US Ed.
Museum Security Network
www.museum-security.org/saz.html
From: Museo Thyssen-Bornemisza - Seguridad seguridad@museothyssen.org
Subject: 2nd Museum Security Technique Congress. 1999
The 2nd Museum Security Technique Conference will be held at Beatriz Hotel in Toledo, Spain, from 12 to 14 May 1.999. There will be fourteen sessions that will be held in the morning. Social events and guided visits to the city will be held in the afternoon and evening time.
The sessions are: - "Work of Art Security: International Collaboration.Interpol S.B.A."
- "Do we have safe museums? Security Planning at Catalonian Museums" -
"Visitor's complaints and suggestions that have an effect on the Security Department."
- "Asymetrical Threats Management at Museums and Temporal Exhibitions Areas"
- "Library Security" -
"Contemporary Art Notion and its relation with Security". -
"Labour and Security Risks Prevention". - "Private Security Guidelines at Museums".
- "Security at a National Museum: El Greco House and Museum at Toledo".
- "Museums Vigilance as a way to prevent work of art preservation".
- "Museums and Fire Precautions at Madrid Council".
- "Reflections on a Museum Project. Architecture and Security Connections".
- "Prevention and Defense against vandalic acts".
- "Volunteers Firemen of Valparaiso. Actions against a fire at a Museum. Operative Method. Strike against fire preserving works of art".
The inscription fee costs 29.000 pesetas including Conference presence, meals, social events and guided visits. Housing at Beatriz Hotel, the same place where the Conference will be hold. More information about Conference and Hotel reservation please E-mail to: oficina@seguritecnia.com
Thanks
Canada returns smuggled ancient mosaics to Syria
06:07 p.m Apr 19, 1999 Eastern
By Robert Melnbardis
MONTREAL, April 19 (Reuters) - Syria recovered a priceless part of its cultural heritage on Monday when the Canadian government returned 39 ancient mosaics seized when importers tried to smuggle them into Canada and the United States. In a ceremony coinciding with the opening of Syria's first embassy in Canada, nine of the mosaics, which are roughly 1,500 years old, were displayed at Montreal's Pointe-a-Calliere archaeological and history museum. A 10th mosaic available for display weighs 3,000 pounds (1,361-kg) and was too heavy for the museum. Most of the 86 mosaics seized from smugglers were already back in Syria, ending their long journey through the murky, lucrative world of illegal international trade in antiquities. Syrian officials were elated at recovering the colourful artworks, which were crafted centuries earlier by embedding flowing and intricate patterns of stone and glass pebbles in mortar. ``These mosaic panels are indeed part of our national treasure and heritage,'' Ahmad Arnous, charge d'affaires of Syria's embassy to Canada, told a gathering of dignitaries. ``We say thanks to the people of Quebec and to Canada,'' he added. According to archaeological experts and Canadian customs officials, the mosaics were robbed from the floors of ecclesiastical buildings such as churches and monastic complexes in the ancient bishoprics of Apaneia and Epiphaneia in northwestern Syria. Experts dated the works by comparing their styles and composition with other mosaics from the area. The artifacts included ``carpet'' mosaics featuring abstract geometric designs, and larger ones depicting scenes of animal life. The recovered artifacts had attributes that added to their rarity and value in the underworld market for antiquities, experts told Reuters. One depicted the head of Euterpe, the muse of the flute in Greek mythology. It was an unusual piece because Syrian mosaics from that period rarely depicted humans. John Fossey, a McGill University professor of art history and archaeology who helped identify and date the mosaics, said their recovery was a victory against those who illegally trade and collect cultural artifacts. ``Canada has been regarded in a certain sense as the back door to get things into the United States,'' he said. ``What I can say to the illegal antique traders is: 'watch it guys, we're after you.''' Fossey said the area from which the mosaics were removed is particularly rich in artifacts because it was a prosperous agricultural region during the fifth and sixth centuries AD. Canadian customs officials said the first 54 mosaics were imported into Canada in 1991 and declared as handicrafts from Lebanon with a value of only C$200,000. At that time, Lebanon had not signed a UNESCO convention prohibiting the illicit international transfer of cultural property such as antiquities and works of art. When a second batch of 32 mosaics arrived in Canada in 1996, archaeologists agreed they were authentic artifacts dating from the fifth and sixth centuries and originating in northern Syria. They also determined that the mosaics had been taken from the same archaeological sites as the 1991 shipment. In July 1998, U.S. customs officials seized five mosaics at the Champlain, New York, border post near Montreal. Experts determined they were from the original 1991 shipment. Canadian customs investigator Richard Boucher said there were no criminal arrests in the case as officials were able to proceed more quickly under civil law. ``Importers must assure that when they acquire cultural goods, it is done respecting international conventions and national laws. In any case, we will be there to keep watch,'' he said.
($1-$1.49 Canadian)
((Robert Melnbardis--Reuters Montreal bureau 514-985-2434,
E-mail: reuters-montreal+qc.aibn.com))
(Times of London) French auctions 'inflating bids'
FROM SUSAN BELL IN PARIS
AS THE French authorities drag their feet over opening the country's lucrative art market to international auction houses such as Sotheby's and Christie's, a well-known antiques dealer has accused auction houses here of inventing bids to inflate sale prices. The accusations appear in a book by Hubert Duez, who writes a weekly antiques column in the respected Catholic daily newspaper, La Croix. Entitled Secrets d' un Brocanteur, the book lifts the lid on the French antiques trade. M Duez reveals what he claims are widespread scams allegedly involving top French auctioneers, including Hôtel Drouot. According to M Duez, French auctioneers regularly pretend to take non-existent bids in crowded salerooms in order to force up the prices. Thus, a buyer who would otherwise have obtained a vase after bidding, say, Fr1,000 (UKP: 105), ends up paying twice that after bidding against a fictitious rival. Another trick allegedly in vogue is the removal of the most valuable item after the pre-sale viewing. A spokeswoman at Drouot dismissed the accusations. "The confidence of our clients is the best proof that these things happen only very rarely. We do not wish to enter into an argument with a person who obviously understands very little about how auction rooms function," she said.
Gettysburg National Military Park Makes "10 Most Endangered Parks" List;
NPCA Releases 1999
List of Parks In Jeopardy To: State Desk, Environment Writer Contact: Jerome Uher of the National Parks and Conservation Association, 202-223-6722, ext. 122, or Eileen Woodford of NPCA Northeast Region, 617-354-8940
WASHINGTON, April 20 /U.S. Newswire/ -- Damage to irreplaceable Civil War artifacts at Gettysburg National Military Park and attempts by economic and other special interests to halt an improvement project have placed the park on the National Parks and Conservation Association's (NPCA) list of 10 most endangered parks. The park watchdog group today released Parks in Jeopardy: NPCA's List of 10 Most Endangered National Parks. The report details problems at the 10 parks and proposes solutions and citizen involvement. "Just because a place is a national park doesn't mean it is automatically protected," said NPCA President Thomas C. Kiernan. "There are very real threats to all of our national parks, and not only to Gettysburg and the list's other parks. We hope that by providing this list, we can call attention to the neglect, misuse, and other problems that face our parks, and get individuals involved in conserving the natural, historic, and cultural treasures that are our national parks." More than 135 years after the most famous Civil War battle occurred, Gettysburg's collection of uniforms, guns, swords, saddles, and photographs are suffering from mold, mites, rust, and rot. Earlier this month, water leaks caused two chunks of asbestos-laden ceiling material to fall near the park's famous Cyclorama painting, which required closing the attraction to visitors. A new museum and visitor center to properly house and preserve the collection and the painting has been planned. This center is part of a draft National Park Service plan but a number of special interests oppose the plan for various reasons. "We need to preserve these rare and one-of-a-kind pieces of our national heritage for the American people and their children, both here at Gettysburg and throughout the nation," said John Latscher, superintendent of Gettysburg National Military Park. "The current facilities are destroying this heritage. The new general management plan will fix these problems for generations to come while providing a world-class educational opportunity at no cost to taxpayers." The problems at Gettysburg reflect the growing backlog of neglected maintenance at parks throughout the National Park System. The National Park Service, which has an operational budget of about $1.4 billion, has a maintenance backlog estimated at more than $4 billion. Gettysburg's problems also reflect the difficulties faced by the Park Service when crafting private partnerships and dealing with a number of special interests. The National Parks and Conservation Association (NPCA) is America's only private nonprofit citizen organization dedicated solely to protecting, preserving, and enhancing the U.S. National Park System. An association of "Citizens Protecting America's Parks," NPCA was founded in 1919 and today has nearly 400,000 members. A library of national park information, including fact sheets, congressional testimony, position statements, news releases and media alerts, can be found on NPCA's World Wide Web site at
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