Repatriation is the return of stolen or looted cultural materials to their countries of origin. Although a belief that looting cultural heritage is wrong and stolen objects should be returned to their rightful owner dates to the Roman Republic (see Cicero’s Verrines) it was not until the 1950s, when the stark truths of colonization and war crimes against humanity began to be exposed, that a broad desire for restitution emerged and laws and treaties to facilitate this increased in number. Repatriation claims are based on law but, more importantly, represent a fervent desire to right a wrong—a kind of restorative justice—which also requires an admission of guilt and capitulation. This is what makes repatriations difficult: nations and institutions seldom concede that they were wrong.
The debate over repatriation engages powerful and personal sentiments of morality, nationhood, and identity, and few people can talk about it without raising their voice. Regardless of this passion, however, the issue, ultimately, is a legal one and the international legal frameworks developed in the 20th century are what bring about repatriations. The first, which recognized the damage of warfare to property, was the 1907 Hague Convention, which forbade plundering of any kind during armed conflict, although it did not deal specifically with cultural property. The 1954 Hague Convention, however, in the wake of the widespread destruction of art during the Second World War, sought to expressly protect cultural property during armed conflict. The 1970 UNESCO Convention allowed for stolen objects to be seized if there was proof of ownership, followed by the 1995 UNIDROIT Convention on Stolen or Illegally Exported Cultural Objects, which calls for the return of illegally excavated and exported cultural property. Without these conventions and treaties, there would be no legal obligation for the return of anything.
The vast majority of repatriation cases derive from colonial or imperial subjugation. Throughout history, across the globe, powerful nations and empires have taken valuable objects, including cultural property, from those they have conquered and colonized. These objects of beauty and esteem number in the many millions and most will likely be lost to their former owners forever. However, the theft of a few especially valuable and/or important objects have proven unforgettable and the subject of frequent repatriation requests. Examples are, for instance: the Koh-i-noor diamond, seized by the British East India company in 1849 and currently part of the British crown jewels; the Benin Bronzes, looted from the capital of Benin (in modern Nigeria) by British soldiers in 1897 and now spread across several museums in Europe and America; the Rosetta Stone, seized by British troops from the French army in Egypt in 1801 and today one of the most popular exhibits in the British Museum in London. The Parthenon Sculptures are another example. Continue reading from Khan Academy
The Colonized World Wants Its Artifacts Back (Vice)
Stumbling Towards Repatriation (Hyperallergic)
Germany Will Return Benin Bronzes to Nigeria in 2022 (Smithsonian Magazine)
Repatriation (The Practical Guide to Humanitarian Law)
Art Law Research Institutions (Center for Art Law)
Treasures Looted in War (Council on Foreign Relations)
A Lesson in Restitution: Diving into Expropriated Art, World War II, and Beyond (Art Critique)
French National Assembly Rules That Landmark Repatriation of African Artifacts Must Go On (ARTnews)
