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THE PROTECTION OF IRAQI CULTURAL PROPERTY

Published online by Cambridge University Press:  17 January 2008

Abstract

Images of widespread looting were the first to come from Baghdad following the entry of US forces into the Iraqi capital city in April 2003. In particular, it is hard to forget the powerful images of smashed display cases, empty vaults, and desperate staff in the Iraqi National Museum. Worse still, the National Library was burnt down. The looting of the Iraqi National Museum took place between 8 April, when the security situation prompted staff to leave the museum, and 12 April when some of them managed to return. Despite early pleadings with US forces to move a tank to guard the museum gates, US tanks did not arrive until 16 April.1 Cynics would say that the protection of the Oil Ministry appeared to take priority at the time.2 Early reports estimated that around 170,000 items went missing from the Iraqi National Museum in Baghdad.3 This figure was completely exaggerated and the Bogdanos enquiry established that over 13,000 items had been stolen and about 3,000 recovered by September 2003.4 This article seeks to determine to what extent the US can be held legally responsible for the looting, and then to examine the international legal framework in place to facilitate the recovery and return of the items stolen from the Iraqi National Museum and other Iraqi cultural institutions

Type
Articles
Copyright
Copyright © British Institute of International and Comparative Law 2004

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