Written by Dimitrios Kostaras
The illicit procurement of the Parthenon Marbles and the demand for their repatriation have remained a diplomatic strain between Britain and Greece for two centuries. In the early 19th century, the British ambassador to the Ottoman Empire, the 7th Lord Elgin, Thomas Bruce, forcefully and unceremoniously removed the Parthenon marbles (also known as the Elgin marbles) from the Acropolis in Athens during Ottoman occupation. British parliament purchased the Marbles from Elgin in 1816 and they remain on display in the British Museum.1See generally Sunak cancels Greek PM meeting in Parthenon Sculptures row, BBC, (Jun. 17, 2024, 11:38 AM), https://www.bbc.com/news/uk-politics-67549044. The Hellenic Republic has asked for their return since its independence in 1821, but all attempts have proven unsuccessful.2Id. at 2. The Greeks claim the Marbles were illegally procured by Elgin, and the British claim that the trustees of the British Museum hold proper title to them.3Id. at 2-3.
On November 26, 2023, Greek Prime Minister Kyriakos Mitsotakis appeared in a BBC television interview to address a recent dialogue between the British and Greek governments regarding a potential deal to return the Parthenon Marbles to Greece to eventually be housed in the new Acropolis Museum.4Id. Mitsotakis remarked that the Marbles’ separation from the Acropolis is akin to cutting the Mona Lisa in half.5Id. On November 27, the British Prime Minister, Rishi Sunak, cancelled a meeting between the two leaders scheduled for the following day, much to the bewilderment and frustration of his Greek counterpart.6Id. The British and the Greeks have been negotiating to return the Parthenon Marbles in recent years, but the incident in November 2023 significantly strained those talks.
The 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property (UNESCO Convention) articulates international protections for cultural property. The preamble of the UNESCO Convention designates cultural property as one of the basic elements of civilization.7Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property, Nov. 14, 1970, 823 U.N.T.S. 231, 232 [hereinafter UNESCO 1970]. It emphasizes that cultural property can be appreciated only in relation to the fullest possible information of its origin, history, and traditional setting, which is one of Greece’s main arguments for the return of the Parthenon marbles from Britain.8Id.
The only issue limiting an action from Greece to reclaim the Parthenon Marbles under the UNESCO Convention is its temporal scope.9See Catharine Titi, Parthenon Marbles and International Law 251 (Springer Law, 2023) (stating both Greece and the UK are parties to the 1970 UNESCO Convention and the Parthenon marbles classify as eligible cultural property to be reclaimed under it). Both Greece and the UK are member states, showing their commitment to adopt the values in the instrument. The UNESCO Convention is not retroactive, which has proven to be a significant barrier to successful legal action before international tribunals. Despite this limitation, there are many examples of states returning illicit property outside of its scope.
Nation-states other than Britain have repatriated illicitly procured antiquities from the Parthenon as gestures of goodwill. In 2022, the Italian government approved the permanent repatriation of the Fagan Fragment of the Parthenon frieze (named after its former possessor, a 19th century British diplomat).10Parthenon fragment from Italy can stay in Greece “forever,” Greek ministry says, Reuters, (Jun. 23, 2024 5:05 PM), reuters.com/world/europe/parthenon-fragment-italy-can-stay-greece-forever-greek-ministry-says-2022-05-20/; “Fagan” Parthenon fragment has been permanently returned to Greece, Neos Kosmos (July 8, 2024 12:01 AM), https://neoskosmos.com/en/2022/06/07/news/greece/fagan-parthenon-fragment-has-been-permanently-returned-to-greece/; Titi, supra note 9, at 282. In return, Greece loaned a statue from the New Acropolis Museum to a museum in Palermo for four years.11“Fagan” Parthenon fragment has been permanently returned to Greece, Neos Kosmos (July 8, 2024 12:01 AM), https://neoskosmos.com/en/2022/06/07/news/greece/fagan-parthenon-fragment-has-been-permanently-returned-to-greece/. In 2023, the head of the Vatican approved the return of three Parthenon fragments as a gesture of peace and gift from Pope Francis.12Vatican returns three Parthenon fragments to Greece after two centuries, Neos Kosmos, (Jul. 8, 2024 11:00 AM), https://neoskosmos.com/en/2023/03/08/news/greece/vatican-returns-three-parthenon-fragments-to-greece-after-two-centuries/; Parthenon fragments from Vatican placed in permanent exhibit at Acropolis Museum, Neos Kosmos, (Jul. 8, 2024 10:32 AM), https://neoskosmos.com/en/2023/03/25/news/greece/parthenon-fragments-from-vatican-placed-in-permanent-exhibit-at-acropolis-museum/; Vatican returns three Parthenon fragments to Greece after two centuries, Neos Kosmos, (Jul. 8, 2024 11:00 AM), https://neoskosmos.com/en/2023/03/08/news/greece/vatican-returns-three-parthenon-fragments-to-greece-after-two-centuries; Italy sets precedent with permanent return of Parthenon ‘Fagan fragment’, E Kathimerini, (Aug. 11, 2024 10:56 PM), https://www.ekathimerini.com/culture/1184870/italy-sets-precedent-with-permanent-return-of-parthenon-fagan-fragment/.
Nation-states also repatriate illicitly procured antiquities due to international security concerns. The Manhattan District Attorney’s Office has established the Antiquities Trafficking Unit (ATU) in response to concerns of international terrorism funding through the antiquities black market. As of May 22, 2024, it returned nearly 4,600 antiquities to 23 countries valued at more than $455 million, with almost 1,000 scheduled to be returned soon.13D.A. Bragg Announces Return Of 133 Antiquities To The People Of Pakistan, Manhattan District Attorney’s Office, (Jul. 8, 2024 1:24 PM), https://manhattanda.org/d-a-bragg-announces-return-of-133-antiquities-to-the-people-of-pakistan/. Many of these efforts by the Manhattan D.A.’s office, conducted in coordination with Homeland Security Investigations (HSI), have involved illicit cultural property from Greece.14D.A. Bragg: 55 Antiquities Valued at More Than $20 Million Repatriated to the People of Greece, Manhattan District Attorney’s Office, (Jul. 10, 2024 9:35 PM), https://manhattanda.org/d-a-bragg-55-antiquities-valued-at-more-than-20-million-repatriated-to-the-people-of-greece/. The significant emphasis on counterterrorism considerations in twenty-first century diplomacy constitutes a compelling reason for the return of cultural property to its claimants.
Losses, damages, or misappropriations of cultural property belonging to any peoples are damages or losses to the cultural heritage of mankind.15See Marcilio Franca, Article 3 of the 1970 UNESCO Convention: Definition of “Illicit”, in The 1970 UNESCO and 1995 UNIDROIT Conevntions on Stolen or Illegally Transferred Cultural Property 91 (Ana Filipa Vrdoljak, Andrzej Jakubowski & Alessandro Chechi eds., 2024). The United Nations Security Council has strongly condemned the illicit trade of cultural property and continues to enact resolutions to combat the issue.16See Kevin Chamberlain & Laura Pineschi, The 1970 UNESCO and 1995 UNIDROIT Conventions and the 1954 Hague Convention and Its Protocols, in The 1970 UNESCO and 1995 UNIDROIT Conevntions on Stolen or Illegally Transferred Cultural Property 747-48 (Ana Filipa Vrdoljak, Andrzej Jakubowski & Alessandro Chechi eds., 2024) (highlighting Resolution 2347 (2017), which addresses new threats to the protection of cultural heritage). The international cooperation and support given to the Security Council is a clear manifestation of widespread opinion juris regarding the importance of the safeguarding of cultural property.17See id. at 748. The importance of addressing past, present, and future loss from colonization and foreign occupation has been consistently emphasized by affected peoples and nation-states, including the Hellenic Republic.18See Ana Filipa Vrdoljak, Conclusion: Looking Forward on the Trade in Cultural Objects, in The 1970 UNESCO and 1995 UNIDROIT Conventions on Stolen or Illegally Transferred Cultural Property 844 (Ana Filipa Vrdoljak, Andrzej Jakubowski & Alessandro Chechi eds., 2024).
Long before the 1970 UNESCO Convention, multiple international conventions and norms prohibited the looting and illegal exportation of cultural property.19See Marcilio Franca, Article 3 of the 1970 UNESCO Convention: Definition of “Illicit”, in The 1970 UNESCO and 1995 UNIDROIT Conevntions on Stolen or Illegally Transferred Cultural Property 91 (Ana Filipa Vrdoljak, Andrzej Jakubowski & Alessandro Chechi eds., 2024). International law has no statute of limitations; therefore, there should not be a temporal limit to bring illicit cultural property repatriation claims before an international tribunal.20See John Henry Merryman, Thinking of the Elgin Marbles, 83 Mich. L. Rev. 1881, 1900 (1985).
Cultural property illicitly obtained during times of war and occupation has been protected in principle by customary international law for centuries. The 1815 Convention of Paris required France to return all illicitly procured cultural property at the end of the Napoleonic Wars.21UNESCO: Fighting the Illicit Trafficking of Cultural Property: A Toolkit for European Judiciary and Law Enforcement at 16, 18 (2023) [hereinafter UNESCO Toolkit]. The nineteenth century continued to see developments in international law protections with the American Civil War-era Lieber Code and the 1874 Brussels Declaration, which prohibit the seizure and destruction of cultural property.22Id. International law protections developed further in the twentieth century with the 1919 Treaty of Versailles, the Washington Pact of 1935, and the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict.23Id.
There is little to no dispute that the Parthenon marbles are part of the cultural patrimony of Greeks.24Sherry Hutt, Cultural Property Law Theory: A Comparative Assessment of Contemporary Thought in Legal Perspectives on Cultural Resources 18 (Jennifer R. Richman and Marion P. Forsyth eds., 2004). The legality of Elgin’s procurement has been in question since his men began taking the marbles. The official approval document from the Ottoman sultan (firman) that Elgin relied upon has never appeared and likely never existed. The British Parliament made their decision to purchase the marbles from Elgin based upon an inaccurate Italian translation of the purported firman. Many prominent British of Elgin’s time, including members of Parliament, expressed their apprehension about Elgin’s procurement of the marbles.25See Titi, supra note 9, at 85 (citing British artist Hugh William Williams, who criticized Elgin’s “unworkmanlike” removal of the marbles, and the fact that Elgin dared to make “a quarry of a work of Phidias,” a renowned ancient Greek sculptor).
A significant body of scholarship supports the assertion that Elgin never had permission to take the artifacts from the Parthenon. Consequently, he never obtained legitimate title to the so-called “Elgin” marbles. Good title to property cannot be obtained through prescription. The Hellenic Republic began its requests to return the Marbles soon after its independence in 1821 and has persistently sought their return since.26Kathleen Price, Who Owns the Past? Turkey’s Role in the Loss and Repatriation of Antiquities, 38.2 Int’l J. of L. Info. 201, 204-05 (2010). The election of the Labour Party in Britain in July 2024 has brought Greece closer than ever to a deal to return the marbles in exchange for other artifacts to be placed on display in the British museum, similar to the aforementioned Fagan Fragment exchange with Italy.27Parthenon Sculptures deal ‘close’, ex-Greek official says, BBC (Jan. 26, 2025 11:35 PM), https://www.bbc.com/news/articles/cy8y97x8xm0o.
The repatriation of cultural property has become an increasingly common tool for diplomacy in the 21st century. Nation-states have recognized both the significance of nation-states’ cultural identity and threats to security due to black market antiquities trade. As a result of this heightened international awareness, Britain has recently recognized the Hellenic Republic’s claims to the Parthenon marbles and is working towards their return.
Denial of cultural property is denial of cultural identity. Greece has a right to the Parthenon marbles and they should be returned. International law supports the repatriation of the marbles. The Hellenic Republic should take advantage of Britain’s acknowledgement of its legitimate claim to the Parthenon marbles and continue to negotiate for their return. The successful repatriation of the marbles would be a monumental event in international law that would fundamentally alter diplomacy between nation-states and further the goals of social progress and respect for obligations arising from international law set forth in the United Nations Charter.