Art and Plunder: The role of criminal law in protecting cultural heritage

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Art and antiquities, whether situated in museums, collections, monuments or archaeological sites, have frequently been the victims of destruction and plunder. Cultural objects - and parts thereof - were subsequently scattered across the globe and, most prominently, trafficked to and across Europe and North America. While global awareness of the impact of crimes against cultural property on communities exists since the end of the 1960s, and is manifest in the 1970 UNESCO Convention, prosecutions have been extremely rare. Cultural property crime ranges from vandalism, import, export and tax offences to fraud, theft and fencing. Considering the variety of crimes, it is surprising that prosecutions are so limited. This presentation discusses the types of crimes and the difficulties of their prosecution in market nations, in particular in the United Kingdom (England and Wales) and Germany. It is based on a systematic study of the case law and illustrates how criminal justice systems could provide a significant contribution to curbing the illicit trade.