This Comment provides a comprehensive and preventative solution to the destruction of antiquities at the hands of non-state actors. The solution is a customizable loan agreement that works in tandem with existing international legislation. It can be changed to meet the needs of unique situations and can be incorporated into the existing international agreements. However, its focus is prevention, not criminal litigation. The idea is to make this agreement available to governments, museums, and private actors who wish to participate in the protection of at-risk artifacts by removing them from the areas of conflict to safe environments ideal for conservation.
This Comment will begin with a historical overview of the practice of illegal antiquities trade and destruction with a tour of major world events that sparked the need for international legislative protection. Next, this Comment will analyze international legislation to establish the strengths and weaknesses regarding the application to non-state actors. Then, this Comment will analyze domestic legislation, also in terms of strengths and weaknesses regarding non-state actors. Finally, this Comment will present a solution in the form of a contract shell that can be used for loan agreements between countries, private foundations, museums, and other entities. Specific analysis will be devoted to the realities of this loan agreement in terms of what it seeks to accomplish, what is seeks to prevent, and how it will apply to situations involving terrorist groups and violent non-state actors.
Why Not Loan Instead of Loot? A Preventative Proposal Regarding the Illicit Trade of Antiquities in a World of Terrorism,
San Diego Int'l L.J.
Available at: https://digital.sandiego.edu/ilj/vol22/iss2/5