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Bojan Dobovšek and Boštjan Slak on "Criminal Inspectors and Art Crime Investigation in Slovenia" in the Fall 2013 issue of ARCA's Journal of Art Crime

Bojan Dobovšek and Boštjan Slak write on "Criminal Inspectors and Art Crime Investigation in Slovenia" in the Fall 2013 issue of The Journal of Art Crime. This is the academic article's abstract:

The aim of the paper is to present some presumptions about the criminal investigation of art and historical heritage-related crimes. Because credible literature on art crime investigation is rare, especially with clear empirical data, we have decided to survey Slovenian investigators about their opinions and experience relating to art crimes. Slovenian investigators rarely come across art crime cases, even in connection with other types of crime. Our survey showed that Slovenian criminal investigators are indifferent regarding keenness for art-related criminal cases investigation-: cases are not very “desirable” but also they are not “non-desirable.” In addition, investigators do not agree that they have enough knowledge about art-related crime. The most positively evaluated was cooperation with other instructions (like INTERPOL). The study results also showed that more dedication should be devoted to education about investigating art crimes; especially prosecutors and judges lack such knowledge. Some problems and experiences about academic research methods are also debated in the paper, therefore providing some help to future researchers. Our pilot study has shown that (at least in Slovenia) qualitative research methods would be more suitable. However the findings of our research are still useful to those who develop strategies for investigating art-related crimes, and for further academic research.

From the introduction:

Art crimes are most often defined as “criminally punishable acts that involve works of art” (Conklin, 1994, p. 3). Passas & Proulx (2011, p. 52), are more detailed: “... subsumed under the rubric of art crime are such activities as diverse as art thefts and confiscations, vandalism, faked and forged art, illicit excavation and export of antiquities and other archaeological material.” We list these definitions of art crime simply because most countries also penalize criminal acts against art and cultural heritage in such a broad sense. Without a doubt, such broadness limits the research of art crime, as individual acts are lost in the statistics of property crime, under which art crime falls. One can only examine the rough numbers of the frequency with which art crime occurs per year. Only in notorious cases do we have more data, but the majority of data remains uncollectable1 or, as is the case in Slovenia, it isn’t consistent, as determined by Vučko (2012) in her study. She noticed that there are severe discrepancies between annual data about art crime that the General Police Directorate gives to the public, to researchers, and that which was published elsewhere (ibid). Dobovšek, Charney, & Vučko (2009) see one of the reasons why criminologists and criminalists aren’t keen on empirical studies of art crime, in the fact that even though there are extensive art crime databases kept by INTERPOL, the FBI, and private organizations, these are sometimes hard to access. Moreover, because of social and, mainly legal, specifications of different countries, the available data only enables country-by-country analysis (Durney & Proulx, 2011).

Bojan Dobovšek is Associate Professor and Vice-Dean of the Faculty of Criminal Justice and Security, University of Maribor, Slovenia. Boštjan Slak is a postgraduate student at the Faculty of Criminal Justice and Security, University of Maribor, Slovenia.

Design for this issue and all issues of The Journal of Art Crime is the work of Urška Charney. Here's a link to ARCA's website on The Journal of Art Crime (includes Table of Contents for previous issues).

The aim of the paper is to present some presumptions about the criminal investigation of art and historical heritage-related crimes. Because credible literature on art crime investigation is rare, especially with clear empirical data, we have decided to survey Slovenian investigators about their opinions and experience relating to art crimes. Slovenian investigators rarely come across art crime cases, even in connection with other types of crime. Our survey showed that Slovenian criminal investigators are indifferent regarding keenness for art-related criminal cases investigation-: cases are not very “desirable” but also they are not “non-desirable.” In addition, investigators do not agree that they have enough knowledge about art-related crime. The most positively evaluated was cooperation with other instructions (like INTERPOL). The study results also showed that more dedication should be devoted to education about investigating art crimes; especially prosecutors and judges lack such knowledge. Some problems and experiences about academic research methods are also debated in the paper, therefore providing some help to future researchers. Our pilot study has shown that (at least in Slovenia) qualitative research methods would be more suitable. However the findings of our research are still useful to those who develop strategies for investigating art-related crimes, and for further academic research.

From the introduction:

Art crimes are most often defined as “criminally punishable acts that involve works of art” (Conklin, 1994, p. 3). Passas & Proulx (2011, p. 52), are more detailed: “... subsumed under the rubric of art crime are such activities as diverse as art thefts and confiscations, vandalism, faked and forged art, illicit excavation and export of antiquities and other archaeological material.” We list these definitions of art crime simply because most countries also penalize criminal acts against art and cultural heritage in such a broad sense. Without a doubt, such broadness limits the research of art crime, as individual acts are lost in the statistics of property crime, under which art crime falls. One can only examine the rough numbers of the frequency with which art crime occurs per year. Only in notorious cases do we have more data, but the majority of data remains uncollectable1 or, as is the case in Slovenia, it isn’t consistent, as determined by Vučko (2012) in her study. She noticed that there are severe discrepancies between annual data about art crime that the General Police Directorate gives to the public, to researchers, and that which was published elsewhere (ibid). Dobovšek, Charney, & Vučko (2009) see one of the reasons why criminologists and criminalists aren’t keen on empirical studies of art crime, in the fact that even though there are extensive art crime databases kept by INTERPOL, the FBI, and private organizations, these are sometimes hard to access. Moreover, because of social and, mainly legal, specifications of different countries, the available data only enables country-by-country analysis (Durney & Proulx, 2011).

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Art critic Alastair Sooke features V&A Art Symposium in his BBC article on the 'seedy reality' behind the myth of art crime

In the BBC's "Art Crime: The seedy reality behind the myth" (November 13), "Alastair Sooke, art critic for The Daily Telegraph, covers "Daring heists have a glamorous image. But in truth, the billion-dollar black market is a far dirtier business". As part of his research, he attended ARCA's symposium last week at the Victoria and Albert Museum in London.

“The myth of the sophisticated, art-loving Hollywood gentleman art thief is nothing like the real thing,” says Dick Ellis, a career detective with London’s Metropolitan Police. He set up the Art and Antiques Squad at New Scotland Yard in 1989, and was involved in the recovery of a version of Edvard Munch’s The Scream, after it had been stolen from the first floor of the National Gallery in Oslo in 1994 by two thieves who gained access by using a ladder and breaking a glass window, before leaving a postcard in Norwegian: “Thanks for the poor security”. “In reality, art thieves are professional criminals who view art and antiques as a soft touch, offering potentially high rewards and/or the ability to utilise the asset as a form of collateral to fund other areas of criminal activity.”

In part, this explains one of the puzzles surrounding this form of art crime: why thieves would want to purloin world-famous works of art that are essentially unsellable because they would be recognised at once if they were ever offered for sale in the future.

While some criminals hope to ransom lost artworks back to the institutions from which they were stolen, this strategy rarely works, according to Dick Ellis, because paying out ransoms, as well as being illegal, only encourages further thefts. Institutions are more likely to offer rewards for information leading to the recovery of stolen artworks. A $5m reward, for instance, is on the table for anyone who can crack the Isabella Stewart Gardner case – though, 23 years on, this has yet to yield results.

“Recovery rates internationally are very small, but best for well-known works of art,” explains Noah Charney, the founder of ARCA, and a professor of art history specialising in art crime. “So smarter criminals would steal B- or C-level works of art rather than more famous ones.”

With ransom rarely an option, criminals find other uses for high-profile stolen paintings, which often accrue a new value on the black market – typically, according to Ellis, around three to 10% of a painting’s total estimated value as reported in the media. Once this value has been determined, a stolen painting can then be offered as collateral to help secure a loan to finance illicit endeavours. “In this way stolen art actually funds activities such as drugs or tobacco trafficking,” Ellis explains.

Moreover, he continues, “Art now provides an alternative mechanism to transporting cash” – offering a solution for criminals keen to circumvent money-laundering regulations. “Stolen art can easily be carried across international borders and is used as a kind of banker’s draft to pay for things like drugs consignments. It has an international value without the hassle of currency conversion and may even be accepted as a trophy payment by senior cartel members.”

“The myth of the sophisticated, art-loving Hollywood gentleman art thief is nothing like the real thing,” says Dick Ellis, a career detective with London’s Metropolitan Police. He set up the Art and Antiques Squad at New Scotland Yard in 1989, and was involved in the recovery of a version of Edvard Munch’s The Scream, after it had been stolen from the first floor of the National Gallery in Oslo in 1994 by two thieves who gained access by using a ladder and breaking a glass window, before leaving a postcard in Norwegian: “Thanks for the poor security”. “In reality, art thieves are professional criminals who view art and antiques as a soft touch, offering potentially high rewards and/or the ability to utilise the asset as a form of collateral to fund other areas of criminal activity.”

In part, this explains one of the puzzles surrounding this form of art crime: why thieves would want to purloin world-famous works of art that are essentially unsellable because they would be recognised at once if they were ever offered for sale in the future.

While some criminals hope to ransom lost artworks back to the institutions from which they were stolen, this strategy rarely works, according to Dick Ellis, because paying out ransoms, as well as being illegal, only encourages further thefts. Institutions are more likely to offer rewards for information leading to the recovery of stolen artworks. A $5m reward, for instance, is on the table for anyone who can crack the Isabella Stewart Gardner case – though, 23 years on, this has yet to yield results.

“Recovery rates internationally are very small, but best for well-known works of art,” explains Noah Charney, the founder of ARCA, and a professor of art history specialising in art crime. “So smarter criminals would steal B- or C-level works of art rather than more famous ones.”

With ransom rarely an option, criminals find other uses for high-profile stolen paintings, which often accrue a new value on the black market – typically, according to Ellis, around three to 10% of a painting’s total estimated value as reported in the media. Once this value has been determined, a stolen painting can then be offered as collateral to help secure a loan to finance illicit endeavours. “In this way stolen art actually funds activities such as drugs or tobacco trafficking,” Ellis explains.

Moreover, he continues, “Art now provides an alternative mechanism to transporting cash” – offering a solution for criminals keen to circumvent money-laundering regulations. “Stolen art can easily be carried across international borders and is used as a kind of banker’s draft to pay for things like drugs consignments. It has an international value without the hassle of currency conversion and may even be accepted as a trophy payment by senior cartel members.”

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"The Missing Piece: Mona Lisa, Her Thief, The True Story" showing twice a day this week at the Arclight Pasadena

The documentary, The Missing Piece: Mona Lisa, Her Thief, The True Story, is playing now at the Arclight Theatre in the Paseo Colorado shopping center in Pasadena.

This award-winning documentary, directed and written and produced by the husband and wife team of Joe and Justine Medeiros, is a story of an audacious art theft - Vincenzo Peruggia, an immigrant house painter, walked into the Louvre on a Monday morning and then out with the Mona Lisa under his arm and onto the streets of Paris in late August (a notoriously quiet month in Paris when residents traditionally flee the humidity to the sea and the countryside). For two years Leonardo da Vinci's portrait allegedly of Lisa Gherardini del Giocondo escalated in fame as the public wondered if the masterpiece would ever be recovered. The Medeiros team traveled to Peruggia's hometown in northern Italy to meet his daughter, then in her 80s, to find out from her about the man who had stolen La Joconde -- only to find out that her father had died before she turned two years old and she herself had not heard about the theft until she was about to marry. The Medeiros' promised Peruggia's daughter to find out why her father had become an art thief. They studied primary materials, including archival material related to the police investigation, and re-traced Peruggia's actions with his grandson and granddaughter.

The film will screen at noon and 2 p.m. Tuesday (October 29) through Sunday (November 3).

The documentary, The Missing Piece: Mona Lisa, Her Thief, The True Story, is playing now at the Arclight Theatre in the Paseo Colorado shopping center in Pasadena.

The film will screen at noon and 2 p.m. Tuesday (October 29) through Sunday (November 3).

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In Bangor with Howie Carr: ARCA Trustee Anthony Amore Speaks About Art Crime

ARCA Trustee Anthony Amore, Director of Security at the Isabella Stewart Gardner Museum, joined syndicated talk show host and Boston Herald columnist Howie Carr in "An Evening of Crime" Friday night at Spectacular Event Center in Bangor (Dawn Gagnon, "Howie Carr sold-out Bangor show talks 'Whitey' Bulger, art thieves'", Bangor Daily News, August 17):

For the past seven years, Amore has also served as the museum’s chief investigator into the 1990 theft of 13 priceless works of art from the museum.

Author of “Stealing Rembrandts: The Untold Stories of Notorious Art Heists” with investigative reporter Tom Mashberg, Amore discussed some of the most infamous art heists of the 20th century, involving works valued $1 billion in total.

Chief among the heists involved one at the at the Isabella Stewart Gardner Museum, which alone resulted in the loss of $500 million worth in paintings, etching and other works that have yet to be recovered.

In that case, two men posing as Boston police officers were buzzed into the museum on March 18, 1990, after saying they were responding to a disturbance. They handcuffed the two night guards who were on duty and took them into the basement, where they were secured to pipes and their hands, feet and heads were duct taped.

Amore described how the thieves made off with priceless works like Rembrandt’s Storm on the Sea of Galilee, A Lady and Gentleman in Black and a Self Portrait, Vermeer’s The Concert and Edouard Manet’s Chez Tortoni, according to the museum’s website.

Not all art thieves, however, were so clever. Amore also regaled the audience with stories of robbers with more bravado than brains — among them Myles Connor, a notorious Boston art thief who unwittingly tried to sell works by Andrew Wyeth and NC Wyeth to an undercover FBI agent. He and several accomplices stole the paintings — along with several other famous paintings — from the Woolworth Estate in Monmouth, Maine, in the early 1970s.

“When you steal these highly recognizable paintings, there’s no market for them. There’s no one out there who’s going to buy a painting that everyone knows is stolen. Especially when, even if you’re paying pennies on the dollar, you’re paying millions of dollars. It doesn’t take a genius to figure out that people don’t spend lots of money on things they can never show anyone.

“Myles found that out, he couldn’t find a buyer for these Wyeth paintings,” Amore said. “He looked and looked and looked and couldn’t find one. Then all of a sudden, he gets lucky and he comes across a guy named Bernie Murphy who wants to buy these paintings from him.”

Murphy arranged to meet Connor in the parking lot of a Cape Cod IGA store to discuss a deal.

“Myles is elated,” Amore said. “They go, they park next to each other, Myles opens his trunk and shows him the Wyeth paintings.” Unfortunately for Connor, the supposed buyer reaches into his pocket and pulls out his FBI badge.

For the past seven years, Amore has also served as the museum’s chief investigator into the 1990 theft of 13 priceless works of art from the museum.

Author of “Stealing Rembrandts: The Untold Stories of Notorious Art Heists” with investigative reporter Tom Mashberg, Amore discussed some of the most infamous art heists of the 20th century, involving works valued $1 billion in total.

Chief among the heists involved one at the at the Isabella Stewart Gardner Museum, which alone resulted in the loss of $500 million worth in paintings, etching and other works that have yet to be recovered.

In that case, two men posing as Boston police officers were buzzed into the museum on March 18, 1990, after saying they were responding to a disturbance. They handcuffed the two night guards who were on duty and took them into the basement, where they were secured to pipes and their hands, feet and heads were duct taped.

Amore described how the thieves made off with priceless works like Rembrandt’s Storm on the Sea of Galilee, A Lady and Gentleman in Black and a Self Portrait, Vermeer’s The Concert and Edouard Manet’s Chez Tortoni, according to the museum’s website.

Not all art thieves, however, were so clever. Amore also regaled the audience with stories of robbers with more bravado than brains — among them Myles Connor, a notorious Boston art thief who unwittingly tried to sell works by Andrew Wyeth and NC Wyeth to an undercover FBI agent. He and several accomplices stole the paintings — along with several other famous paintings — from the Woolworth Estate in Monmouth, Maine, in the early 1970s.

“When you steal these highly recognizable paintings, there’s no market for them. There’s no one out there who’s going to buy a painting that everyone knows is stolen. Especially when, even if you’re paying pennies on the dollar, you’re paying millions of dollars. It doesn’t take a genius to figure out that people don’t spend lots of money on things they can never show anyone.

“Myles found that out, he couldn’t find a buyer for these Wyeth paintings,” Amore said. “He looked and looked and looked and couldn’t find one. Then all of a sudden, he gets lucky and he comes across a guy named Bernie Murphy who wants to buy these paintings from him.”

Murphy arranged to meet Connor in the parking lot of a Cape Cod IGA store to discuss a deal.

“Myles is elated,” Amore said. “They go, they park next to each other, Myles opens his trunk and shows him the Wyeth paintings.” Unfortunately for Connor, the supposed buyer reaches into his pocket and pulls out his FBI badge.

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Edgar Tijhuis on "Legal and Illegal Actors around Art Crime: a Typology of Interfaces" (The Journal of Art Crime, Spring 2013)

Edgar Tijhuis

The Journal of Art Crime is pleased to serialize Edgar Tijhuis' now out-of-print book, Transnational Organized Crime and the Interface between Legal and Illegal Actors, originally published by Enfield in 2006, the author publishing under his formal name, A. J. G. Tijhuis, and based on the author's doctoral dissertation. The Journal of Art Crime is pleased to present its content, which deals largely with transnational organized crime and art, adapted into a series of articles, which will appear in consecutive issues, beginning with this one.

This article discusses a number of criminological typological interfaces, and shows how they might apply to art crime. A number of interfaces from these typology could be used to understand particular activities within the illicit trade. Several interfaces commonly discussed by criminologists will turn out to be superfluous to the understanding the illicit art trade. The discussion of this typology in this article will show that seven of ten commonly-discussed interfaces could be used to understand the relationships between actors in the illicit art trade. These seven consisted of two antithetical interfaces and five symbiotic interfaces. The antithetical interfaces are the injurious and antagonistic interfaces; the symbiotic interfaces included the outsourcing, reciprocity, collaboration, co-option and synergy interface. Three interfaces seem superfluous, as far as the illicit art trade is concerned: the predatory, parasitical and funding interface.

Edgar Tijhuis works at VU University as an associate professor and as researcher at the NSCR (Netherlands Institute for the Study of Crime and Law Enforcement), both in Amsterdam (The Netherlands). Furthermore he practices law at Pontius Lawyers and is an ARCA trustee.

Mr. Tijhuis introduces his article here:

Art crimes, like other crimes, in most cases ultimately depend on legal actors and the legitimate market. Without a legal market in art, or other goods, there would be no point in stealing them, at least in most cases. Exceptions to the rule are of course figures like Breitweiser or the infamous, but rarely found, rich collectors buying secretly from thieves or fences.

Despite the above, criminologists and others often describe and analyze crimes by focusing primarily on the criminals, and not the environment around them, including legal businesses, government agencies, etc. When this environment is mentioned, legal actors are often assumed to be either victims or actors with a minor stake in the crime. To shed more light on the role of legal actors and the interaction between legal and illegal, my PhD study specifically focused on the interfaces between legal and illegal actors, around transnational crime (Tijhuis: 2006). A typology of interfaces was refined, and a model was developed to understand the transformation from transnational crimes to legitimate activities. The study was based, in the first place, on a study of transnational crime in general, including all kinds of crimes ranging from, for example, arms trafficking, human trafficking, terrorism, to drug trafficking. Secondly, it was based on a thorough study of the illegal art and antiquities trade, and this typology and model was applied to this field of crime.

In this article, the interface typology will first be described. After that, the typology will first be described. After that, the typology will be applied to art crimes. The article is, in part, a reproduction of a portion of chapter 8 of the aforementioned PhD study, dealing with the illicit art trade (Tijhuis, 2006: 143-167).

Mr. Tijhuis's article is continued in the ninth issue of The Journal of Art Crime, edited by Noah Charney and published by ARCA, available electronically (pdf) and in print via subscription and Amazon.com. The Associate Editor is Marc Balcells (ARCA '11), Graduate Teaching Fellow, Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

Edgar Tijhuis

This article discusses a number of criminological typological interfaces, and shows how they might apply to art crime. A number of interfaces from these typology could be used to understand particular activities within the illicit trade. Several interfaces commonly discussed by criminologists will turn out to be superfluous to the understanding the illicit art trade. The discussion of this typology in this article will show that seven of ten commonly-discussed interfaces could be used to understand the relationships between actors in the illicit art trade. These seven consisted of two antithetical interfaces and five symbiotic interfaces. The antithetical interfaces are the injurious and antagonistic interfaces; the symbiotic interfaces included the outsourcing, reciprocity, collaboration, co-option and synergy interface. Three interfaces seem superfluous, as far as the illicit art trade is concerned: the predatory, parasitical and funding interface.

Art crimes, like other crimes, in most cases ultimately depend on legal actors and the legitimate market. Without a legal market in art, or other goods, there would be no point in stealing them, at least in most cases. Exceptions to the rule are of course figures like Breitweiser or the infamous, but rarely found, rich collectors buying secretly from thieves or fences.

Despite the above, criminologists and others often describe and analyze crimes by focusing primarily on the criminals, and not the environment around them, including legal businesses, government agencies, etc. When this environment is mentioned, legal actors are often assumed to be either victims or actors with a minor stake in the crime. To shed more light on the role of legal actors and the interaction between legal and illegal, my PhD study specifically focused on the interfaces between legal and illegal actors, around transnational crime (Tijhuis: 2006). A typology of interfaces was refined, and a model was developed to understand the transformation from transnational crimes to legitimate activities. The study was based, in the first place, on a study of transnational crime in general, including all kinds of crimes ranging from, for example, arms trafficking, human trafficking, terrorism, to drug trafficking. Secondly, it was based on a thorough study of the illegal art and antiquities trade, and this typology and model was applied to this field of crime.

In this article, the interface typology will first be described. After that, the typology will first be described. After that, the typology will be applied to art crimes. The article is, in part, a reproduction of a portion of chapter 8 of the aforementioned PhD study, dealing with the illicit art trade (Tijhuis, 2006: 143-167).

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"Q&A on Art Crime in Canada" in the Spring/Summer 2012 issue of The Journal of Art Crime

Editor-in-Chief Noah Charney features "Q&A on Art Crime in Canada" in the Spring/Summer 2012 issue of The Journal of Art Crime. You may read the rest of this interview in The Journal of Art Crime by subscribing through ARCA's website.

In 2008 the Sureté du Quebec, in collaboration with the Royal Canadian Mounted Police, established the first national art crime investigation team in Canada’s history. The four-man team is now led by Jean-Francois Talbot, who has worked since 2003 with Alain Lacoursiere, an art historian and retired member of the Montreal police. Lacoursiere, who has been nominated for an ARCA Award, helped in the development of an art crime team in Canada and a system called Art Alert, which is an email bulletin sent out to 25,000 subscribers in 75 countries, largely members of the art community and police departments. Between 2004 and 2008, a combined force of agents from the Sureté du Quebec and the Montreal police department investigated around 450 art crimes, made 20 arrests, and seized over 150 stolen or forged artworks, with a total estimated value of around $2 million. The newly-established art crime team handles an average of 90 art crime cases per year. ARCA interviewed the art crime team, including Alain Dumouchel, to learn a bit more about art crime and investigation in Canada.

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Noah Charney on "Art Crime in North America" in the Spring/Summer 2012 issue of The Journal of Art Crime

A shorter version of this lecture was delivered via Skype to the conference entitled “Contemporary Perspectives on the Detection, Investigation, and Prosecution of Art Crime,” organized by the ARC Centre of Excellence in Policingand Security (CEPS) at Griffith University in Brisbane, Australia on May 1-2, 2012. An extended version, including citations and new edits, will be published in two upcoming academic publications, both organized by CEPS.

Today I’m pleased to speak about art crime in North America. It is refreshing for me not to have to introduce art crime in general—if anyone knows about it, it will be my fellow speakers. So many of us are obliged to begin talks with an introduction to art crime, because the extent of it, and the facts obscured by fiction, film, and media misinterpretation, create a screen that can be difficult to see beyond. Even the facts, presented by reputable sources like the US Department of Justice, are not always clear and coherent. They rank art crime as the third highest-grossing criminal trade worldwide, behind only the drug and arms trades. This is based on a study that my friend and colleague, Vernon Rapley, could tell you more about—it was a combined Interpol and Scotland Yard study that was also integrated into the UK Threat Assessment in 2006/2007. Another number that we hear is that art crime is worth $6 billion per year. Of course no one has any real idea, and that number is little more than an arbitrary guess. It could only reflect the estimated black market value of art registered as stolen (meaning 7-10% of its estimated auction value, which is itself an unscientific measurement). If that number is correct, then art crime cannot be the third highest- grossing criminal trade. The number is far too low, and human trafficking, even illegal traffic of plants and animals, might be considered higher. We simply don’t know, which can be frustrating—it is also one of the reasons why art crime has gone relatively understudied until recent years. Criminologists shy away from a field such as this, which lacks extensive and accurate empirical data, and relies on macro-analysis from anecdotal material and the experience of those in the field, often related orally or even through the unreliable filter of the media.

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Catching up with Judge Tompkins About his "Art Crime during Armed Conflict" course at the University of Waikato's Law School

University of Waikato's Law School

Judge Arthur Tompkins, an instructor at ARCA's Masters Certificate Program in International Art Crime and Cultural Heritage Protection Studies, also taught a course in February in his home country. ARCA Blog caught up with him to see how it went in New Zealand.

Tell us about the Art Crime course you presented earlier this year at the University of Waikato?

The University of Waikato's Law School hosted the course and offered it as a credit course to their own students. It was also offered as a non-credit coruse through the Continuing Education arm of the University. The course was entitled "Art Crime during Armed Conflict", and, similarly to the course I teach in Amelia as part of the ARCA Masters, it was a five-day intensive course, comprising 5 hours of teaching each day for a week during the height of our Southern Hemisphere summer. We cover two thousand years of the history of art crime during war, and the international and private law responses to it. And all in five fun-filled and fascinating days!

We ended up with 16 students in the group, from three countries and two hemispheres, with the largest sub-group being law students (I was teaching the course within a Law School, after all!). But the class also included a working artist, two art historians, a police officer, a doctor, an art gallery director, a cultural heritage worker, and others. It all made for a vibrant and energetic group, and we had some spirited discussions! And on the last day, ARCA's Noah Charney was able to join us, via Skype, from Slovenia, which was a real highlight.

University of Waikato's campus

At least two of the group will be in Amelia for this year's Art Crime Conference on 23/24 June, and in addition, in the last few days, I have learnt that one of the group has been accepted into the full ARCA Masters Program, so will get to spend the entire Italian summer living and studying in Amelia.

It is likely that the course will be offered every second year at Waikato University, so the next occasion will be in February 2014. I am presently investigating offering a similar course elsewhere in New Zealand in the intervening year.

What time period do students seem most interested in? Nazi theft?

The students were from a wide range of backgrounds and interests, as I said, and I think that as a result no one area or era stood out. They have written (or are writing - the assignments from the for-credit students are due soon!) assignments on an equally wide range or topics - which is, I think, a testament to the breadth of scholarship that falls under the art crime umbrella. And because the course covers not only the historical background to art crimes during wars over the centuries, but also the international and national legal responses, there is something of real interest there for everyone.

What do you think are the most contentious legal issues involved in conflict art?

Two difficult issues continue stand out for me - first, the return of objects taken during past armed conflict, that are held currently by a state or national institution, and where there is a call for return. In that context no issue of private ownership arises, but rather the issue revolves around often contentious questions of the principles underlying the legal structures around the state's continued retention of the object, and the ability or willingness of a state, or its politicians, to relinquish possession. Secondly, the spectrum of responses by legal systems around the world to the bona fide purchaser rule - where someone has paid a reasonable price without knowledge of the fact that the item had in the past been stolen, do they or should they prevail over the original, dispossessed owner's rights? Different legal systems around the world adopt often mutually exclusive positions on this issue, and despite decades of work, the gulf remains unbridged. We need to find some way of reconciling the irreconcilable!

In 2009 you spoke at the International Art Crime Conference in Amelia about a proposed International Art Crime Tribunal. As you have now taught this course three times, how have your ideas about an IACT evolved? What would it take to make it happen and what do you think would be some of the first cases that you would like to see be dealt with?

I would still love to see such a Tribunal established, and nothing that I have seen or read or heard over the last three years has changed that view - to the contrary, there is still much to recommend it. The United Kingdom's Spoliation Panel has shown that a tribunal can effectively apply both legal and moral criteria when resolving claims to disputed art, and, whilst effective in some cases, the litigation experience in the United States shows that the resolution of such disputes by "traditional" adversarial litigation brings with it inevitable constraints, in terms of access to justice, the restrictions inherent in the rules of evidence a court applies, and a likely win/lose result paradigm.

What would it need to make this happen? As I said to the ARCA Conference in 2010, it needs a champion on the world stage, and a real commitment by a group of states with a single voice in the forums of international law - particularly the United Nations and within that, UNESCO - to make it happen. Where either of those might be found, I do not know. Until then, it will remain a lonely idea wandering at large in the world, although I was very heartened to hear Pablo Ferri support the idea at last year's ARCA Conference!

By the way, I still think, for a whole lot of reasons, that Florence would be a very suitable seat for such a Tribunal!

University of Waikato's Law School

Tell us about the Art Crime course you presented earlier this year at the University of Waikato?

University of Waikato's campus

What time period do students seem most interested in? Nazi theft?

What do you think are the most contentious legal issues involved in conflict art?

By the way, I still think, for a whole lot of reasons, that Florence would be a very suitable seat for such a Tribunal!

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