Tuesday 19 November 2013

St Hilaire: "New York's Highest Court Rejects The Right to Pillage"

Rick St. Hilaire's comments on the Flamenbaum case ("New York's Highest Court Rejects The Right to Pillage" Cultural Heritage Lawyer Rick St. Hilaire blog 18 Nov 2013):
It is no surprise that New York's Court of Appeals decided last week that a "spoils of war" legal theory could not be upheld [...] Flamenbaum's attorney [had] offered astonishing oral arguments to the Court of Appeals affirming the right of pillage [...] The Archaeological Institute of America, Lawyers' Committee for Cultural Heritage Preservation, U.S. Committee of the Blue Shield, and others joined together to file an amicus brief.. They argued that "looting and illegal removal of cultural objects during wartime by a conquering or occupying military force or by individuals is anything other than outright theft [which] is contrary to United States' domestic law and to international law—international principles which the United States has played a leading role in developing."

an important point weeks before the premiere of "The Monuments Men". Notable also is the silence of "Cultural Property Observer" on the case.

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