Review of 'Indianas jones sin futuro. La lucha contra el expolio del patrimonio arqueológico' in the Journal of Art Crime (Fall 2014)

The Journal of Art Crime

Issue 12Fall 2014

Edited by Noah Charney

Published by ARCA Publications

JOURNAL OF ART CRIME

Editor-in-ChiefNoah CharneyFounder, ARCA and American University of Rome and Brown University

Editorial Board

Lord Colin Renfrew Professor of Archaeology, University of Cambridge Petrus van DuyneProfessor of Criminology, University of Tilburg, The NetherlandsMatjaž JagerDirector, Institute of Criminology, SloveniaTravis McDadeProfessor of Library Studies, University of Illinois Law School, USKenneth PolkProfessor of Criminology, University of Melbourne, AustraliaDavid SimonProfessor of Art History, Colby College, USErik NemethRAND Group, USLiisa van VlietUniversity of Cambridge, UKDick DrentDirector of Security, the Van Gogh Museum, The Netherlands

ProofreaderLauren Zanedis

Dennis AhernDirector of Security, the Tate Museums, UKRichard EllisDirector, ArtResolve and Art Risk Consultant, UKCol. Giovanni PastoreRetired, Carabinieri Division for the Protection of Cultural Heritage, Rome, ItalyNeil BrodieProfessor of Archaeology, University of Glasgow, UKDavid GillProfessor of Archaeology, University of SuffolkA. J. G. TijhuisAttorney, Pontius Lawyers, and NSCR, Amsterdam, The NetherlandsBenoit van AsbroeckAttorney, Bird & Bird, Brussels, BelgiumHoward SpieglerAttorney, Herrick, Feinstein LLP, US

Design & LayoutUrška CharneyHead of Design, ARCA

© 2014 Association for Research into Crimes against Art (ARCA)Apart from fair dealing for the purposes of research or private study, or criticism or review, and only as permitted under the Copyright, Designs, and Patents Acts, this publication may only be reproduced, stored, or transmitted, in any form or by any means, with the prior permission in writing of the Publishers, or in the case of reprographic reproduction, in accordance with the terms of licences issued by the Copyright Clearance Center, Inc. (www.copyright.com). Authorization to photocopy journal material may be obtained directly from ARCA by writing to [email protected]: The authors, editors, and publisher (ARCA Publications) will not accept any legal responsibility for any errors or omissions that may be made in this publication. The publisher makes no warranty, express or implied, with respect to the material contained herein. ARCA accepts no responsibility for the content of the articles published herein. Authors are responsible for obtaining permission from copyright holders for use of any material previously published elsewhere and under copyright. Articles are accepted on the understanding that the authors present their own original work, except for such excerpts from copyrighted works for which permission of the copyright owners has been secured by the authors themselves, and that the authors do not violate or infringe upon the personal, copyright, trademark, patent, common law or proprietary rights of a third party. The opinions expressed by authors in this publication do not represent the official opinions of ARCA and its staff.

Cover Design and Illustration: Urška Charney

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ISSN (PDF): 1947-5934ISSN (Print): 1947-5926

Associate EditorsMarc BalcellsJohn Jay College of Law

Christos TsirogiannisUniversity of Cambridge

TABLE OF CONTENTS

Letter from the Editor 1

ACADEMIC ARTICLES

Thinking Some More about the Sevso Treasure 3Neil Brodie The Case of the Ka Nefer Nefer Mummy Mask 13David Gill Outline of the Benefits coming from a National Prosecution Service 27in Cultural Heritage Protection Paolo Giorgio Ferri Adam Worth: A Critical Analysis of the Criminal Motivations Behind 33the Man Who Stole the Duchess of Devonshire J. Mark Collins Criminality Related to Cultural Heritage – Analysis of Interviews 47Viktorija Zupancic and Bojan Dobovšek REGULAR COLUMNS

Context Matters 57“Learning from the Herm: The Need for More Rigorous Due Diligence Searches” David Gill

Not in the Headlines 63“Emptying Spain: The W. R. Hearst Case” Marc Balcells Lessons from the History of Art Crime 65“Art Crime in Pop Culture: a Year in Review” Noah Charney

EDITORIAL ESSAYS

Why Hong Kong can save the Ozone Layer but not China’s Cultural Heritage 69Toby Bull Attitude or Action? Closing the Gap Between Words and Deeds in the Restitution 73of Looted Cultural Property in the Second World War Christopher A. Marinello and Jerome Hasler

A Brief History of Art Theft in Conflict Zones 77

Noah Charney

REVIEWS

Contemporary Perspectives on the Detection, Investigation and Prosecution of Art Crime: 85Australasian, European and North American PerspectivesEdited by Duncan Chappell and Saskia HufnagelMarc Balcells

The Art of the Steal (2013) and The Best Offer (2013) 87Kirsten Hower

From Pompeii: The Afterlife of a Roman Town 89Ingrid D. Rowland Catherine Schofield Sezgin

Indiana Jones sin futuro: la lucha contra el expolio del patrimonio arqueológico 91Ignacio Rodríguez Temiño Marc Balcells

EXTRAS

Q&A with Ron Pollard 93Kirsten Hower

JAC Essay Collection 97

ARCA 2014 Award Winners 99

Contributor Biographies 103

Acknowledgements 107

91

Review

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www.artcrimeresearch.org

Marc Balcells reviews

Indiana Jones sin futuro: la lucha contra el expolio del patrimonio arqueológico(JAS Arqueología Editorial 2012)

Ignacio Rodríguez Temiño

It is curious to see how particular countries are still under-represented in the existing literature in archaeological looting: Spain has not received much attention (beyond some particu-lar journal articles, or books with a more legal perspective), but this book by the archaeologist Ignacio Rodríguez Temiño remedies this. The premise of this lengthy essay (close to 450 pages, plus a companion website) is to highlight the prob-lems that affect the Spanish archaeological heritage (mostly by metal detectors) without forgetting the underwater cultural heritage. As such, Mr. Rodríguez Temiño uses his experiences in the fi eld in Southern Spain (he is the director of an impor-tant archaeological site, and one of the most important fi gures in this fi eld in the country). Throughout twelve chapters, the whole state of affaires is analyzed in-depth. The book also counts a prologue by the renowned prosecutor and expert of cases devoted to art and cultural heritage crimes, Antonio Roma Valdés.

The fi rst chapter is devoted to introduce the reader to the fi eld of archaeology: as such, it describes the archaeologi-cal method. The interesting element of the chapter is that the author uses a typology where he divides the possible attacks between war and peace times, and adds a third category that he labels as ‘low intensity’ attacks which includes activities such as metal detecting. Precisely this activity consumes the next two chapters, dealing with such interesting issues like the prevalence of metal detectors incidents, their impunity, the differences between professionals and amateurs, and a very interesting analysis of existing international legislation on the topic, among many others. Chapters fi ve and six deal with un-derwater archaeological heritage and possible attacks; once again, the author dissects both international and Spanish leg-islation on the issue in order to turn his attention to an analysis of Spanish underwater heritage, and how the archaeologists work on it. The sixth chapter deals with the looting of the Spanish underwater heritage, describing underwater raiders and using the methodology of case studies to prove the au-thor’s points: the two cases used are the lesser-known Sussex affaire, and the more well-known case of the Nuestra Señora de las Mercedes.

After this fi rst block comes a second block devoted to legisla-tion: the author fi rst analyzes the international legislation then turns his attention to specifi cally Spanish law on metal detec-

tors and cultural heritage, and the traffi c of cultural heritage. After this chapter, the following chapters turn attention to-wards the legal means of protecting the Spanish cultural heri-tage, showing the legal tools available within both the admin-istrative and the criminal law spheres; as such, all the invested characters appear described in these two chapters (the public administration, law enforcement and the courts).

The last four chapters would conform a hypothetical third block which continues the logical argumentative line of the book: if up until now we received a description of the situation in Spain and the legal framework available, now the author describes how to better educate society about the dangers of this problem. In these chapters we fi nd very interesting discus-sions like the relationship between archaeology and society, the use of mass media, or the treatment of archaeological loot-ing by the news (using, once again, the case of the Odyssey). A last chapter deals on how to better educate people on the value of our common past heritage.

In conclusion, this is an excellent essay that deeply covers the topic at hand: a topic, as mentioned above, that really needed an authoritative voice to analyze the current situa-tion, far away from the typical legislative compendium. As seen above, this book goes far beyond legal issues, written by a person who has seen fi rst- hand the destruction of looters. Therefore, for anyone (who can read Spanish) interested in knowing the extent and prevalence of archaeological looting in Spain, this is the reference work where to start and get a global and comprehensive scope of the problem.