On Apr 7 2003, Timothy McShane wrote:

> I haven't heard about this organization, but the US and Iraq have both
> accepted UNESCO's 1970 convention on importing and exporting cultural
> property, so the ACCP will have to do more than lobby its government.
> They'll have to take on international law.
>
=================

Timothy,

Sadly, I only wish this was so, but this is far from the case.

The 1970 UNESCO Convention merely prohibits ILLEGAL exports etc., but
anything licenced by the recognised government is not illegal. Consequently
if the United Nations sanctions the proposed United States provisional
(occupation) government it will have law-making and licencing powers and
could therefore implement the demanded "privatisation" of the Iraq museum
collections and monuments, and hey presto their exports would be legal and
therefore permissible under UNESCO 1970.

The First Protocol to the 1954 Hague Convention on the Protection of
Cultural Property in the Event of Armed Conflict would do what you claim.
This does prohibit almost all changes of ownership of cultural property
(toher than normal family inhertence etc.) and all exports from First
Protocol countries under armed conflict or military occupation.

However, none of the key countries involved - i.e. Iraq, USA, and Britain -
currently recognise any part of the 1954 Hague Convention. (Incidentally,
Iraq and the USA are among the tiny minority of States that don't even
accept the current - 1977 - version of the Geneva Conventions - despite the
frequent statements on both sides that they "fully" accept "the Geneva
Conventions" - i.e. as they define them - in other words the 1949 version).



Patrick Boylan
City University London

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