TE PIRINGA-FACULTY OF LAW
LAWS441-12C Art Crime During Armed Conflict
2012 Outline
1.
Identification of Paper
Paper: LAWS441-12C
This paper carries 10 points
2.
Staffing
Judge Arthur Tompkins
email: arthur.tompkins@gmail.com
Availability: By arrangement throughout the course
3.
Description and Structure of Paper
(a) Description of the paper
This paper will study the history of art crime during times of armed conflict, and examine
particular crimes against art during times of war, placing them in their historical contexts. The
paper will be available to non-law students subject to the Dean's approval.
For the first two days of the course, we will study the history of art crime during times of armed
conflict, and examine particular crimes against art during times of war, placing them in their
historical contexts. We will cover Classical Antiquity, the Fourth Crusade, The Thirty Years’ War,
the Napoleonic era, the first and second World Wars, and lastly Iraq and Afghanistan. The last half
day of this section of the course will concentrate on the theft, displacement, and destruction of
libraries during times of armed conflict: we will look at the destruction of the Library of
Alexandria, the shelling of the Bosnian National and University Library, ‘The Vijecnica’, during the
Yugoslavian Civil Wars, the destruction of the monastic libraries of Tibet, and finally the
destruction of the Library of Congress in Washington in 1812.
The last two days of the course will traverse the international and private legal responses to art
crime during war. We will examine a range of public law initiatives, starting with the origins of
the Law of War, and progressing through the United States’ Lieber Code, the Hague Conventions
of 1899 and 1907, the Treaty of Versailles, the aftermath of World War II, the Hague Convention
of 1954, war-crimes prosecutions arising from the Siege of Dubrovnik, and finally some nonbinding International Declarations. On the second day of this part of the course we will consider
private law responses, including the beginnings of private litigation for the return of art stolen
during wartime, the problems posed by the twin hurdles of the bona fide purchaser rule and
Limitation Act time limits, some specific case studies, and a recent non-litigation alternative. The
course ends with a look forward: where to from here?
(b) Structure of the Paper
General
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This is a semester C paper. The teaching component comprises 24 contact hours for 10 points.
Course learning activities will comprise pre-course reading, formal presentaions by Course
Instructor, and in-class discussion.
Lecture and stream timetable and rooms
The lecture hours are:
Mon 13 Feb 10am – 1pm
Mon 13 Feb 2pm – 5pm
Tues 14 Feb 10am – 1pm
Tues 14 Feb 2pm – 5pm
Wed 15 Feb 10am – 1pm
Wed 15 Feb 2pm – 5pm
Thur 16 Feb 10am – 1pm
Thur 16 Feb 2pm – 5pm
Fri
17 Feb 10am – 1pm
Fri
17 Feb 2pm – 5pm
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Learning outcomes
By the end of this course students will have gained:
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5.
A historical overview of crimes against art during times of war, from ancient to modern
times;
An understanding of the reasons why such crimes are committed, and how those reasons
change depending on the historical context;
Knowledge of the public law instruments and institutions, and efforts taken by the
international community over the years, to endeavour to protect art from such
depredations; and
Knowledge of the private law remedies available to redress such crimes.
Workload
Students should expect to spend 100 hours in total on this paper. In addition to lecture
attendance, significant time will need spent on background and complementary reading.
Students should allow for periods of more-focused research time in the preparation of
assignments and presentations.
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray &
Orpin, New Zealand Law Style Guide, (2nd Edition, Thomson Reuters, 2011). This is available from
Bennetts, at an approximate price of $24.
Reading material will be made available on the course site on
(http://elearn.waikato.ac.nz). Any such material is provided on the following terms:
Moodle
University of Waikato owns the intellectual property rights, including copyright, in and to this site,
or has acquired the necessary licenses to display the material on the site. As a student of the Te
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Piringa-Faculty of Law, you are granted a limited license to use (access, display or print a single
copy) the material from the papers in which you are enrolled for the purposes of participating in
the paper only, provided the information is not modified. Materials may not under any
circumstances be copied, stored, distributed or provided in any form or method whatsoever to
any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re-disseminated in any manner or form
without the prior written consent of University of Waikato. To obtain such consent, please
contact the Te Piringa-Faculty of Law.
(ii) Recommended pre-course reading
Prior to the course, students may elect to read:
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Chamberlain, R. Loot: The Heritage of Plunder. (Thames and Hudson, London, 1983;
Sutton 2003)
Charney, N. (Ed). Art & Crime: Exploring the Dark Side of the Art World (Praeger, 2009)
Nicholas, L. The Rape of Europa (Vintage, 1995)
Interesting and relevant historical fiction, for lighter pre-course reading, could include:
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7.
Brooks, Geraldine. People of the Book. (Fourth Estate, HarperCollins, 2008)
Houghteling, Sara. Pictures at an Exhibition. (Vintage, 2010)
Online support
Online support for this paper is provided via Moodle: http://elearn.waikato.ac.nz
8.
Assessment
a)
Requirements for assessed work
School procedures for the presentation of course work are set out in the Te Piringa Faculty of Law
Undergraduate Handbook which is available from http://www.waikato.ac.nz/law/undergraduate.
See also paragraph 11 on referencing guidelines and plagiarism.
Assignment resources are available online at http://www.waikato.ac.nz/law/student/
b)
Coursework: Final Examination Ratio: 100/0
c)
Assessment Components
Assessment Component
1) Class Attendance
2) Participation
3) Assignment
% of Total
5%
20%
75%
Due Date
n/a
n/a
Thursday 5 April 2012
Students will receive a mark based on the given weightings for Class Attendance, Participation,
and the Assignment, or, just the Assignment with 100% weighting – whichever mark is higher.
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1) Class attendance (5%)
2) Class participation (20%): Active participation will be encouraged during class
3) Assignment (75%): An essay, of up to 4000 words (excluding references and bibliography)
on a topic of your choice and formulation, chosen from any of the areas covered in the
course, or, with approval, on any other topic dealing with Art Crime in War, is to be
submitted electronically no later than Thursday 5 April 2012.
d)
Handing in, marking time and collection
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz).
See
Te
Piringa
Faculty
of
Law
Undergraduate
Handbook,
available
at
http://www.waikato.ac.nz/law/undergraduate. It is the policy of Te Piringa Faculty of Law to
return marked work to students within five weeks of submission.
If you require assistance with Moodle, or encounter any problems, please contact the Help Desk.
You can send a message to Help Desk by using the instant message service in your paper (from
the participants list within the People block). Alternatively, you can email them directly at
help@waikato.ac.nz or call 838 4008.
e)
Measurement of Achievement
Achievement in examinations and tests will be measured primarily in terms of levels of
understanding and knowledge gained. Achievement in assignments will be measured also in
terms of fluency and accuracy of expression and referencing.
f)
Management of assessment deadlines, process for requesting extensions and special
consideration, and for appeals
(i)
Extensions
Students are required to complete and submit all internal assessment by specified dates. The
meeting of deadlines is a mark of professionalism and its enforcement is essential for fairness to
all students taking the paper. Handing in course work on or before the due in date also facilitates
the timely return of marked work by academic staff. Students should meet requirements as to
time deadlines for course work, or make a request for an extension or special consideration in
appropriate circumstances (see Undergraduate Programmes Manual available from the School of
Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/). Failure to comply
with requirements as to the time deadlines for internal assessment without having successfully
applied either for an extension or special consideration with supporting evidence before the due
date will result in deduction of 2.5 marks for each day the work is late. Lateness of more than a
week may result in the work not being marked. No deadlines may be extended beyond two
weeks after the last teaching day of the semester(s) in which the paper is taught as final grades
must go to the Board of Examiners at this time. Unless an extension in writing has been granted,
a lecturer may refuse to accept a piece of work which is submitted after the specified date, and
automatically award it no mark, or may lower the mark as a penalty for lateness.
Applications for extension, on the form obtainable from the Resource Room, must be submitted
to the Chief Examiner or nominee. Students should not submit the extension form to the
lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family bereavement, or
serious personal accidents or circumstances. Please note that too many assignments due at the
same time is NOT an acceptable reason, neither are claims that computers and/or printers have
crashed. Account will be taken of the time in which the student has had to complete the internal
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assessment before the supervening event occurred. It will be important to consider if the grant of
the extension will give the student in question an unfair advantage over other students. A
maximum period of 14 days will be given as an extension unless there are exceptional
circumstances. In determining applications the Chief Examiner or nominee may consult with the
Convenor or lecturer of the relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the
Resource Room Administrative Assistant will advise the student of the decision by email.
Following this, the extension form will be given to the relevant lecturer who will retain it until
after the assignment is marked and returned to students. The form will then be placed on the
student’s file. It should be noted that if an extension of longer than 14 days is granted, the
assignment will not be automatically printed out and delivered to the lecturer, therefore the
lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a
student’s application for extension is declined the Chief Examiner or nominee will inform the
student of the process for applying for special consideration.
(ii)
Special Consideration
The Assessment Regulations 2005 as set out in the University Calendar 2012 list in detail the
university-wide policies and procedures, which apply concerning missed examinations, impaired
performance or impaired preparation time for an examination, and missed or impaired course
work. Students are responsible for ensuring that they comply with these regulations. Application
forms for special consideration for internal assessment are available from the Resource Room.
(iii) Appeals (University Calendar 2012, Assessment Regulations 2005, Reg. 24)
A student may appeal against any decision taken under these regulations.
An appeal, comprising a written statement of the circumstances of the appeal, together with
supporting evidence if available, must be submitted by the student in writing to the Head of
Student & Academic Services not more than seven days after the date on which notification of the
relevant decision is received.
Appeals under this section are considered and decided by the Deputy Vice-Chancellor by
delegated authority of the Academic Programmes Committee.
A decision by the Deputy Vice-Chancellor is notified in writing, and is final.
9.
University Calendar Regulations and Policies
Your attention is drawn to the following regulations and policies, which are published in the
University Calendar 2012:
Assessment Regulations 2005
Student Discipline Regulations 2008
Computer Systems Regulations 2005
Policy on the Use of Māori for Assessment
Student Research Regulations 2008
Ethical Conduct in Human Research and Related Activities Regulations 2008.
10.
Nil.
Links to other papers
11.
Fees
Refer to http://calendar.waikato.ac.nz/admission/tableoffeesandcharges.html.
12.
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Referencing guidelines and caution against plagiarism
(a)
(b)
(c)
Referencing must be in accordance with the New Zealand Law Style Guide.
All written work submitted for the purposes of assessment must be your own work.
Copying or paraphrasing all or part of another person’s work, be it published or
unpublished, without clear attribution, is plagiarism. Plagiarism is misconduct and is dealt
with under the disciplinary procedures of the University as outlined in the Student
Discipline Regulations 2008 in the University Calendar.
“Plagiarism means presenting as one’s own work the work of another, and includes the
copying or paraphrasing of another person’s work in an assessment item without
acknowledging it as the other person’s work through full and accurate referencing; it
applies to assessment presented through a written, spoken, electronic, broadcasting,
visual, performance or other medium.” See section 3, Assessment Regulations (2012
Calendar)
The Te Piringa Faculty of Law’s policy regarding plagiarism is contained in the Te Piringa
Faculty of Law Undergraduate Handbook and the Te Piringa Faculty of Law Undergraduate
Programmes Manual, available from http://www.waikato.ac.nz/law/undergraduate/.
13.
Health and safety
The Law School’s Health and Safety representative is Ms Alison Saunders who is in Room Law G44
at ext 4167.
14.
Class representation
See p 68 Te Piringa Faculty of Law Undergraduate Handbook available from
http://www.waikato.ac.nz/law/undergraduate/. Contact details for the Student Representation
Coordinator, Academic Services Division, are as follows: Samantha Whittle, Student Services, ext.
6264, CHSSG.25 email: student.reps@waikato.ac.nz.
15.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process
for handling concerns and complaints and is available from Faculty and School Offices, The
Gateway and Student Services Division and is contained in the Calendar 2012. See also the
document Student Support Structure at Te Piringa Faculty of Law, available from the Resource
Room.
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LECTURE SCHEDULE SEMESTER C
DAY ONE: Introductions; Classical Antiquity; the Fourth Crusade; the Thirty Years’ War; Napoleon
Introductions; course structure; course assessment.
Why does art suffer during wartime?
Classical Antiquity and the Fourth Crusade
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The Stele of Hammurabi
Classical Antiquity
 Corinth, 146BC
 Cicero’s prosecution of Verres, 70BC
 The Temple in Jerusalem, 70AD
 The Arch of Titus
The 4th Crusade
 Four Horses of St Marks
 The 4th Crusade, 1202
 The Sack of Constantinople, 1203
 The Basilica of San Marco
The Thirty Years’ War, 1618 – 1648
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The rise of the connoisseur prince: the “Taste of Angels”
Emperor Rudolf II
The Palatine Library
 The Battle of White Mountain, 1620
 The Treaty of Tolentino, 1797
King Gustavus Adolphus
Queen Christina
 The Sack of Prague, 1648
Napoleon
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The Louvre
The French Revolution, 1789
The Invasion of Italy
o The Treaty of Modena, 1796
o Rome
 The Treaty of Tolentino, 1796
 The Laocoon
 The Apollo Belvedere
o Venice
 The Four Horses
 Wedding at Cana
The Paris ‘Triumph’
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Aachen
Baron Dominique Vivant Denon
Egypt
o The Rosetta Stone
o General de Menou
o W.R. Hamilton
The Defeat of Napoleon: The Four Horses return
The theft of Goya’s Portrait of the Duke of Wellington
DAY TWO: World Wars I and II, and Iraq/Afghanistan
World War I
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Louvain Library
Reims Cathedral
The Treaty of Versailles: Articles 245, 246, 247
 The Skull of the Sultan Mkwawa
The Ghent Altarpiece
The Last Supper
World War II
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Pre-War:
 The rise of the Nazi Party
 Hitler
 Degenerate Art
 Linz
 Czechoslovakia
 The Hay Harvest
 The Art of Painting
Why was art such a Nazi obsession?
World War II:
 The Phony War
 Einsatzstab Reichsleiter Rosenberg (‘ERR’)
 Hermann Goering
 Jeu de Paume
 The Astronomer
 Rose Valland
 M-Atkion
 The Ghent Altarpiece and The Last Supper
 Madame Camus
 Hitler’s Birthday album
Russia:
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 The Hermitage
 The Amber Room
The Monuments Men:
 The Roberts Commission
 Sicily and Italy
 Leptis Magna
 Naples
 Eisenhower’s Order, 29 Dec 1943
 Rome
 Florence
Afghanistan and Iraq:
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The Silk Road
The Bamiyan Buddhas
Baghdad, 1258
The First Iraq war, 2003
 10/11 and 12/13 April
The Bactrian Horde
DAY THREE: Lost Libraries and Burning Books
The Bonfire of the Vanities
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Savonarola
Florence, 7 Feb 1497
Libraries: “The Healing Place of the Soul”
Alexandria
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Julius Caesar, 48BC
Patriarch Theophilus, c.400AD
Caliph Omar, 7th century
The new Library of Alexandria
The Bosnian National and University Library: The Vijecnica
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The Sarajevo Haggadah
 The Alhambra decree, 1492
 Cisneros
The Siege of Sarajevo
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 25/26 August, 1992
Nikola Koljevic
Tibet: The Land of Snows
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Control by China
Tibetan Buddhism
The Potala Palace
The exile of the Dalai Lama and the Tibetan Rebellion, 1959
The Cultural Revolution
Dharamsala
The Library of Congress
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“Mr Madison’s War”
24 August 1812
Thomas Jefferson
DAY FOUR: The public international law response
Introduction
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Public International Law
 Oxford English Dictionary
 The Statute of the International Court of Justice
 Customary International law
Private law
The Law of War
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Grotius
De Vettel
The Peace of Westphalia, c.1648
The Congress of Vienna, 1815
The Lieber Code
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10
The Battle of Waterloo, 1815
Francis Lieber, 1800 - 1872
The Lieber Code, 1863
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 Articles 31, 34, 35, 36
The Declaration of Brussels, 1874
The Oxford Code, 1880
The Hague Conventions, 1899 and 1907
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Tsar Nicholas
The Conventions
The 4th Convention
 Articles 25, 26, 27, 28, 56
World War I
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The Treaty of Versailles, 1919
 Articles 245, 246, 247
The Treaty of St Germain, 1919
 Articles 195, 196
The Treaty of Trianon, 1920
 The St Ildefonso Triptych
The Treaty of Riga, 1921
 The Zaluski Library
The League of Nations
World War II
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The Spanish Civil War, 1936-1939
 Guernica
Pre-War exchanges
Eisenhower’s General order, 26th May 1944
Dumbarton Oaks, 1944
The San Francisco Conference, 1945
The Nuremberg Trials, 1945-1946
 Indictment: Alfred Rosenberg
 Judgment of the Tribunal
 ERR
 Alfred Rosenberg
The Nuremberg Principles, 1950
The Universal Declaration of Human Rights, 1948
The Geneva Conventions, 1949
The Atlantic Charter, 1941
The Convention for the Protection of Cultural Property in the Event of Armed
Conflict, 1954
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“Military necessity”
Articles 1, 4
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The 1954 Protocol
 Moveable property
The 1999 Protocol
 Military necessity; Enhanced protection; Individual criminal
responsibility
Yugoslavia: the bombardment of Dubrovnik, 6th December 1991
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The Yugoslav Wars, 1991 – 1999
The International Criminal Tribunal for the Former Yugoslavia
 Article 3
The siege of Dubrovnik
6th December 1991
ICTY proceedings
 Miodrag Jokic
 Pavle Strugar
Non-binding International Declarations
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The London Declaration, 1943
Bretton Woods, 1944
The Monuments Men
 The Ghent Altarpiece
 Hans van Meergeren
Post 1990 activity
 The Washington Conference, 1998
 The Vilnius Forum, 2000
 The Prague Conference, 2009
The Washington Principles
DAY FIVE: The private law response
The Marquis de Somerueles, 1813
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Mr Madison’s War
Sir Alexander Croke
The Petition
The Judgment
Private Claims in National Courts
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Statutes of Limitation
Nemo dat quod non habet
The bona fide purchaser for value without notice
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Menzel -v- List, 1966
Adele-Bloch Bauer I
Portrait of Wally
The UK’s Holocaust (Return of Cultural Objects) Act 2009
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Spoliation Advisory Panel
The Benevento Missal
The Glaser drawings
The Coronation of the Virgin
The future - where to from here?
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An International Art Crime Tribunal?
End of Course
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